20th October 1831
Reference Numbert18311020-11
VerdictGuilty > with recommendation; Not Guilty

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Second Middlesex Jury, Before Lord Cheif Justice Tenterden.

1967. EMANUEL ANTONIO and ENACOE CAETANO were indicted for that they, on the 17th of October , at St. George, upon Jacob George , feloniously, unlawfully, and maliciously did make an assault, and with a certain sharp instrument feloniously, &c. did strike and cut the said Jacob George , upon the right side of his body, his left thigh, and across his loins, with intent in so doing feloniously, wilfully, and of their malice aforethought, to kill and murder the said Jacob George, against the Statute .

2nd COUNT, stating their intent to be to disable him.

3rd COUNT, stating their intent to do him some grievous bodily harm.

JACOB GEORGE. I am a native of Calcutta - my father was an Englishman; I am a seaman - I was cast away at Bordeaux, and came to England; I lodged at Gold's barracks, Ratcliff-highway - it is a place where all the Indian born people and foreign seamen lodge - the prisoner Antonio lodged there, but in a different room to Caetano; Caetano lodged there some time before this happened, but not at this time - he had been sent on board. I played at cards with Antonio on Sunday night; it was a week ago yesterday - we had a quarrel, and some blows passed: some people came in, and parted us - he and I understood each other; he speaks Portuguese, and so do I - he came to my room next night; Caetano came first - he came into the room; I had not gone to bed; I was sitting down on a chest - the beds are hammocks, laying on the floor, and some are slung up; when Caetano came in he had something in his hand; it was a jack-knife - he said, "I will kill somebody in this room to-night;" he spoke Portuguese - they went away again, all of them.

Q.Did any body come in with him? A. Yes; there was one of his shipmates with him - they went away, and then I went to bed; after I was in bed Caetano came in again; I heard him say something about cutting a hammock down - Antonio then came and kicked the door open- he sat down on the floor, and I asked if that was the manner to come into a room; he said, "If you say any thing I will open your guts out;" he spoke in Portuguese- I then got out of bed, and we took hold of each other's collars; I was undressed, and he was dressed - we had a few blows; Caetano came behind me, and held my hands down, by putting his arms round my body, and while he held my hands down Antonio was cutting me with a knife, as I supposed, but it turned out to be a razor; he cut me on the thigh, on the right side, and he cut my body on the right side and in the left loin, nearly behind - I forced myself away, knocked Antonio down, and got away from them; he fell on the candle, and put it out; I then ran into the yard - Caetano was singing out, "Come out here, I will fight it out here;" he ran after me when I ran into the yard, and said, "Let us fight it out in the yard;" and then I saw Antonio come out into the yard; I then ran away, singing out Murder! I ran out towards the side door to go out of the way; it is a good long barrack - I then saw Antonio with a sharp instrument in his hand: he ran after me - I stumbled, and fell down by the step of the door, as I went to run up stairs, and while I was down Antonio was sticking me with the knife - he gave me a rip in my side; Collins then came, and took away the knife -Mr. Betson, the surgeon, saw me the same night.

SAMUEL COLLINS . I am a seaman, and lodge at Gold's barracks; Antonio slept in the same room with me - that is not where George slept. I saw Antonio in our room on Monday evening, about half-past ten o'clock, looking for something; I asked what he was looking for - he made no answer; I saw him take a razor off the shelf - he broke the handle off, took the blade in his hand, and went out of the room; there was a light in the room - in about ten minutes I heard a noise in the room George slept in; I went to see what was the matter, and when I entered the room I saw Antonio strike George twice; whether he struck with the razor or not then, I cannot say - they had a scuffle, and the candle went out: Caetano was in the room, but I did not see him do any thing - when the light went out George went out of the room into the yard; both the prisoners followed him - Antonio turned into the room again; he went out again, and I saw George run away from him - I then went into the yard; George was running away from him, singing out, "Knife! knife!" Antonio ran after him, and George fell by the Lascars' door; I saw Antonio make a plunge at him - I went there, collared him, and took from

his hand the blade of the razor; I delivered it to George the next morning.

JAMES DAVIS . I am a seaman, and lodge at Gold's, in the same room as George. I was sitting in the room when Caetano came in - George was then in bed; I can speak Portuguese, but did not hear what he said - Antonio kicked the door open, and came in; it is a long room - five or six, and sometimes nine or ten people sleep there; there are only five beds there - George said to Antonio, "What manner do you come into the room, to kick the door open at this time of night?" they spoke in Portuguese, which I understood; George said, "I suppose you have come to make some disturbance;" Antonio said if he said any thing he would rip his guts out; George then got out of bed, went to him, and asked what he meant - Antonio collared him, fisted him, and said that was what he meant; George struck him again - after they had two or three blows Caetano went behind George, he put his arms round George, and confined his hands, and while he held him Antonio gave him two or three blows; soon after that George began to sing out, "He is striking me with a knife;" after he got loose he left the room, and ran out into the yard - the light was put out before they ran out; somebody fell on it - the prisoners both followed after George; I stopped in the room - I did not see any knife or razor; nobody could have stuck him besides the prisoners; nobody else was near him.

ANTHONY O'BRIAN . I am a Policeman. I was called into Gold's barracks about ten o'clock at night; they are in Middlesex, in the neighbourhood of Ratcliff-highway- Antonio was in the room, talking; I asked what he was kicking up that noise about - he said somebody had cut his finger, which was bleeding; somebody said, in his hearing, that his finger was cut by taking a razor out of his hand - that was said in English, and Antonio spoke to me in English, so that I understood him; I told him to go to bed, and he went quietly out of the room - I came away, and in about ten minutes I saw the prosecutor bleeding at the gateway, with nothing on but his shirt; I went into the barracks to search for Antonio, and found him, in about twenty minutes, in an empty room, by himself, and took Caetano the same night - I have the razorblade, which I received from George on Tuesday morning, the 18th.

JACOB GEORGE. I received the razor-blade from Collins.

GEORGE BETSON . I am a surgeon. I saw George on the Tuesday afternoon, about three o'clock, at the Thames Police, before the Justice - I examined his body, and found four wounds, which appeared to have been made with a sharp instrument; two were on his thigh, one on his loins, and the other on the right side - they were not very deep nor dangerous, quite superficial.

The prisoners being foreigners, had the whole of the evidence communicated to them by an interpreter, through whom they made their defences.

Antonio's Defence. I never had the razor in my hand with any bad intention; I only had it because I found my razor was spoiled by somebody - I never kicked the door so hard as they say; I only touched it, and it opened- I did not hit the man with any intent to use the knife; I only happened to have it in my hand when they asked why I opened the door so - I said because I liked, that was all.

Caetano's Defence. I only came in to bid him farewell, because I was going away; I only went on a visit- this man came in, and they said, "How came you to come in, in such a rough way?" he said because he liked it; the prosecutor then jumped out of bed - I went to part them; I did not know that he had any knife in his hand - I only took him away to keep him back; I do not know the laws of this country at all.


Strongly recommended to Mercy by the Jury, being a foreigner.


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