The Proceedings of the Old Bailey

 

218.   SERAPHINI POLIONI (32), was indicted for the Wilful Murder of   Michael Harrington. He was also charged on the Coroner's Inquisition with the like Murder.

MESSRS. GIFFARD and BEASLEY conducted the Prosecution, and MESSRS. RIBTON

and F. H. LEWIS the Defence.

  FREDERICK SHAW . I am landlord of the Golden Anchor, Great Saffron-hill—I know the prisoner by sight—I have known him about three months, I think—on Monday evening, 26th December last, he came to my house about 6 o'clock; it might have been a few minutes before 6—I and my wife were in the bar, very busy—the prisoner made some remark to her—I don't think she took any notice, and it passed on—I did not hear what he said, but he made some allusion towards myself; he said he could kill any such six Englishmen like me—I took no notice of that—I never spoke to the man in my life until after the occurrence took place—he stayed there some few minutes, and left—there were five or six others with him, all of them foreigners—they remained when he left—about a quarter of an hour or twenty minutes after that, I saw a foreigner of the name of Gregorio, or some such name—he was speaking Italian, and all of a sudden I saw his arm go up, and he struck me just by the side of the mouth with his fist—there were three or four other people there—this was at a little side-box leading from the taproom into the bar—it was not inside the taproom—I was in the bar at the time, on the side leading to the taproom—there were several foreigners in the taproom, I believe—there is a door from the taproom and a small passage into the bagatelle-room—there are two steps and a small passage between—there was no disturbance in the taproom till Gregorio struck me—after he struck me I was about to get over the bar to him, and he went into the taproom among the others—some of the customers in another compartment rushed round the bar and caught hold of me, and I was dragged into the bar-parlour, or as far as the door, on that occasion; I was about going into the taproom, but I was prevented, and pushed into the bar-parlour by several of the customers—I then went as far as the door and looked out, and saw Richard Fawell, 425, A—when I went out, I saw some of the Italians rushing out

of the house—I went out to look for a policeman, and Fawell came in with me—he went into the taproom, and then several of them got hold of me and pushed me into the bar-parlour, and there held me—I saw no more till the prisoner was dragged out of the bagatelle-room—I saw him being brought from the bagatelle-room in custody of the police—I saw Michael Harrington, the deceased, brought outside into the bar-parlour—I heard that he had been stabbed, and I raised his clothes, or his shirt rather, which was all he had on at that time, except his trousers, and saw his bowels protruding—I did not observe what sort of a wound it was at the time—he was taken by the constable to the hospital.

Cross-examined. Q. I observe you say that when the prisoner came in on 26th December, he said something to your wife? A. I believe he did as he passed; we were very busy—I did not hear what he said—I believe my wife is somewhere about the Court—it was to me he spoke about killing the English—I was within a foot of him, and he turned direct towards me and spoke—he said, "I could kill six any such Englishmen like you"—I am satisfied that is correct—I do not make the slightest mistake about it—I have always been certain that those were the exact words he made use of—I have been examined three or four times, I suppose, or two or three; I can't say—I was examined before the Magistrate on the first occasion, and afterwards before the Coroner.

Q. I will read to you what you said before. "He said they would settle me, and that he could settle any six Englishmen like me;" do you observe that you said "settle" there? A. I might have made the mistake in the confusion—I should think it is to the same effect—I should think now that the word "settle" was used—he might have used the word "settle"—I should take it to mean the same if used towards me, and I think you would too—he might have said either "settle" or "kill," I could not swear to it—he then went away—there were a number of Italians in the taproom at that time—I did not go in to see how many there were, but I should think from what I did see there were a dozen or fifteen—you can go into the bagatelle-room through the taproom, and there is another way—there is a door from the taproom into the bagatelle-room—I should think the size of the bagatelle-room is about twenty feet by twelve—there were chairs in it and a bagatelle-board in the corner, and a table on which refreshments are put for the people who are there—I told you there were about twelve or fifteen in the taproom; it would hold about as many again—there were about a dozen in the bagatelle-room, I should think, all English—there were no Italians in the bagatelle-room—I can't say whether other Italians came in with the prisoner—at the time the prisoner made use of the expression to me, the Italians were distributed about the room; they go in and out of the taproom very freely—I daresay they had gone in—there were only Italians in the taproom, no English at all to my knowledge—I did not go in to see—I can't say how long the Italians had been there—the prisoner went out about 6, I suppose—there had been some dancing in the house before that, being Christmas-time, in the taproom—I had seen the prisoner about three times previous to this—I can't say whether he had been dancing or not—the dancing was not going on between 5 and 6, before 5; I think it might have been between 4 and 5—there was nothing after 5; I would not be certain to a few minutes—I mentioned the name of Gregorio, not Rigorio; I thought you said "Rigorio"—I did not understand that was the man you meant for certain, because there are so many names alike—he struck me—I have learnt his name is Gregorio; I did not know the man's

name till afterwards—I have said before to-day that he struck me; I said so at the Police-court before the Magistrate—I am sure of that—I signed my depositions, and they were read over to me—I have been in the police-force—I did say that Gregorio struck me; I swear that—I was examined before the Coroner also. (The witness's deposition being read, stated that Gregorio was excited, but did not state that he was struck by Gregorio.)

Q. That is what you said before the Coroner; you introduce the name of Gregorio, and say he was very excited, but you don't say one word of his having struck you? A. I could not say anything about him till I heard his name—I did not know his name till the following morning—very likely I mentioned his name before the Coroner; I did not go before the Coroner for a week after it occurred; I had plenty of time to learn his name then—Gregorio said something about my striking an Italian, or something of that sort—I can scarcely understand what they say—I understood the prisoner—he can speak as good English as I can; better English than he can Italian—I could not say distinctly what it was Gregorio said—he was muttering; he is an excitable fellow—I saw his arm go up; lie was then standing in front of me—I was in the bar; he was on the other side of the bar—it was his left arm I saw go up, and then it was he struck me in the month—he then rushed into the taproom, and I saw no more of him.

MR. GIFFARD. Q. Was it the fact that you had had any scuffle with an Italian? A. I had turned one out the Saturday night previous.

MR. RIBTON. Q. Was your father-in-law there? A. Not at that time; he was there some time before, I believe before this happened between me and Gregorio—I can't say where he was when Gregorio struck me—he was not in the bar—I don't know where he was—I believe he was in the house—he was in the house when the transaction occurred about Harrington—I can't say where he was—I believe he is not here to-day.

  ALFRED REBBECK . I am potman at the Golden Anchor—on 26th December, I was engaged serving in the bagatelle-room—I went into the bar for a pipe—the entrance into the bar is at the end of the bagatelle-room—the door which leads from the taproom is at the side of the bagatelle-room—there is also another way into the bar through the taproom—I passed through the taproom to get to the door at first, before I went for the pipe—as I passed through the taproom I saw a great many Italians all together; among others was the prisoner—he was there by the door of the taproom—one of the other Italians named John spoke to me as I went out—the prisoner might have heard what John said; I can't say whether he heard it or not—in consequence of what John said, I went back into the bagatelle-room—when I got there, I made a statement to the Englishmen there—no one went and tried to shut the door then—I was asked for a pipe, and I went into the bar by the bagatelle-room door—there were no Italians in the bagatelle-room then—I got the pipe and brought it back into the bagatelle-room—when I got back I saw one of them knocking Mrs. King down—she was at the door at that moment, in the doorway going to the taproom—there were not several people together then—Seraphini, the prisoner, was leading the way in; he was first—I told him I did not want any row here—as I got up to the door, the prisoner stabbed me in the right side—I saw the knife—I don't know what sort of a knife it was—I did not see the handle; I only saw the blade of it—I had known Seraphini before; I have known him for the last four or five years—when he stabbed me, I hit him in the head with a stick, a broom-handle—he ran at me again after I hit him in the head, with the knife still in his hand—I was then just inside

the bagatelle-room door—I heard one of them say, "Here is one in the room; look out, here is one in the room"—Mrs. King was behind the door then—Boon after, I turned round and saw Seraphim on the top of Harrington—there was no other Italian besides the prisoner in the room at that time, that I saw—I rushed on Seraphini, caught him by the collar, and then lost my senses—I am still a patient at the hospital.

Cross-examined. Q. Have you ever said before to-day that there was no other Italian in the bagatelle-room? A. Yes; I said there was no other in the room at the Clerkenwell Police-court—I was asked the question there—the Magistrate asked me if there was any other in the bagatelle-room, and I said, "No"—my depositions were read over to me before I signed them—I believe the Magistrate asked me the question—since I was examined before the Magistrate nobody has asked me—I have not been asked about it—I had been in the bagatelle-room before I saw this happen—I had left the bagatelle-room to go through the bar for a pipe—a great many of them were in the bagatelle-room when I left it; English, not Italians; there was Harrington and another man of the name of Pikey, with one or two Irishmen—there were no Italians—there were Italians in the taproom; as near as I can judge, between twelve and fourteen—the taproom-door was open; the bagatelle-room door was not—the door from the bagatelle-room to the taproom was open; I passed through, but they would not let me go quite through—a man told me to go back, a man they call John, an Italian-struck the prisoner with a broom-handle—I brought it up to protect myself—there was a blind-roller there and a copper-stick, I believe—there were two blind-rollers, I believe—they were in the bagatelle-room—I brought them up about ten minutes before that, from down stairs, in the kitchen—I brought them into the bagatelle room, because one or two in the room said, "If they come in here, we will protect ourselves, "when I told them there was going to be a row—I can't say who it was who said that—the expression was not, "Bring us up as many sticks as you can"—they said, "We won't go out, we will wait here; if they break in on us, we will protect ourselves"—then, afterwards, one of them said, "How nice we should look; if they come in here with knives; what are we to do, we have only got our hands?"—they then asked me if I would have sticks ready to protect themselves if they came out, and I brought these up to them—there were two blind-rollers, a copper-stick, and a broom-handle I brought up; I believe that was all—there were not more, that I am aware of; I don't know, I did it all in a flurry at the time—I was in the bagatelle-room at the time I laid the broom-handle over the prisoner's head—after I brought the broom-handle up it was lying in the bagatelle-room; I put it down on the form—I don't know whether any of the sticks were broken; mine was not, that I am aware of—I don't know whether the prisoner's head was cut and bleeding—I hit him in the head—I did not see any other man's head cut—I was at the bagatelle-room door at the time he struck me with the knife—he was in the passage, coming from the taproom—he was nearer to the bagatelle-room than the taproom; he was right in the bagatelle-room door—the passage is about two feet wide, just about a little wider than this witness-box—as many as liked could come through, if they followed one another—I was nearer the bagatelle-room door than he was, because I was at the door—I was not looking into the bagatelle-room; I was looking at him coming, looking towards the taproom—when I saw Mrs. King knocked down, I was coming into the bagatelle-room with the pipe—it was not in the taproom that she was knocked down, it was in the passage—

she was leaving the bagatelle-room door—by the passage, I mean that passage which parts the bagatelle-room from the taproom—I was not in the taproom when she was knocked down; I was leaving the bar, and coming into the bagatelle-room with the pipe—she was going out of the bagatelle-room—I saw one of them knock her down—I don't know which it was; I can't say it was the prisoner; I don't know; I don't think it was him, but I can't say—I am not sure it was not him—I swear that—I can't swear whether it was him or not; it might be, and it might not—I can't say it was him.

Q. I will read to you what you said before the Magistrate. "I saw one of the party knock Mrs. King down; it was not Seraphini done that"? A. No—I say I daren't swear it was him or no; I said it was not him—I don't think it was him—I am not quite certain I did say so before the Magistrate; and I say now, I daren't say it was him of no—coming in in a flurry, and seeing them knocking about with their knives, I cannot be sure—the taproom was lighted up—there was a gas-burner there—the Italians were standing up in the taproom, all standing up ready, talking very loud when I went in—I was not there two minutes—I don't know a man of the name of Gregorio, not by name—I don't know the man who struck the landlord; I did not see that—I don't know what became of the man who knocked Mrs. King down—I daren't say who it was done that.

COURT. Q. You say you were going out to get a pipe? A. Yes, and I was struck at the door—when I was asked for the pipe, I put the broom-handle on the form near the door—I did not take it up before I was struck; I was stabbed before I took it up—I then took it up and struck the prisoner in the head—I only struck him once—he then made a run at me, and I put my hand to my side—it was shortly after that I saw Harrington and him on the floor.

  MARIA KING . I am the wife of William King, of Leather-lane, a bone button manufacturer—I was with my husband on the night of 26th December at the Golden Anchor—we were in the bagatelle-room—Michael Harrington, the deceased, was there, and several others, English persons, in the same room—there were no Italians in that room; they were all English—I left the room, and proceeded to come out; that was from 6 o'clock to half-past—I was leaving to go home—my husband was there with Harrington and the other English persons in the room—I was coming out at the bagatelle-room door to pass through the passage—when I came to the door the prisoner knocked me down—he knocked me down with his fist, in the mouth.

Crow-examined. Q. There were a great many Italians there, were there not? A. I did not see but very few—there were none came in the room but the prisoner—none came in at the door but the one that knocked me down there were no Italians in the bagatelle-room—there was a rush when I was knocked down; it was at the bagatelle-room door where the rush was made—it was not in the passage that I was knocked down—it was in the bagatelle-room—I was stunned for a time; there was a rush, and I was knocked down, and I was insensible, and knew no more—I was opening the door, and I was knocked down by the prisoner, and there was a rush made directly—there was a rush made by the Italians at the time I was knocked down—I don't know where Rebbeck was at that time—I don't know how many Italians there were; what they did after I was knocked down I don't know—I saw no more till I saw the prisoner in custody, and then Harrington was on the floor—I did not see Rebbeck stabbed; I was on the ground—it was

not the rush that caused me to fall; it was the blow and the rush together the blow and the rush at the same time—the blow and the rush were simultaneous—the prisoner struck me with his fist—I could not tell you which fist it was; I did not see; I was struck before I saw his fist—I saw his face—I did not see the landlord struck—I saw no one struck.

MR. GIFFARD. Q. You say there was a rush of Italians when you were struck, were you able to see whether any Italians got into the bagatelle-room? A. No; I did not see, as I was knocked down.

  RICHARD MELLERSHIP . I am a button-maker—on the night of 26th December, I was at the Golden Anchor, in the bagatelle-room—Michael Harrington was there; he sat opposite me, and when the Italian rushed in, he stood beside me—I had been singing a song when the Italian rushed in—Harrington was close by my side—Seraphini is the Italian who rushed in—the prisoner; no other Italian besides the prisoner got into the room—as he rushed in, he struck the deceased in the stomach with his right hand—it was a side blow—I did not see anything in his hand; but when Harrington was struck he fell to the ground—my wife was in the room at the time, close to me—she pulled me away from the side of Harrington after he fell—immediately she pulled me away, I observed some blood on her shawl—after I recovered, I went to Harrington again, and saw that he was stabbed.

Cross-examined. Q. Did you see Mrs. King? A. Yes; I did not see her struck—I saw her in the room after she was struck—I saw her partly on the ground—I saw several other Italians trying to get into the room, but they were forced back—there was a rush of Italians into the bagatelle-room, but they could not get in—they tried to get in, and they were forced back, after Harrington had fallen to the ground—they were not in then—no other than the prisoner came in; I mean to swear that—I have said that before—I swear that he was the only Italian that came into the room—(The witness's deposition being read, stated: "The prisoner rushed in first; there were several other Italians behind him; when the Italians came into the room, the deceased had just finished singing a song, and the prisoner, without having a word with him, struck the deceased, and he fell")—I have not been talking over this matter with anybody since; not with any of the witnesses or Mr. Shaw—I have seen him several times since—I have been to the house—I know Potter, the constable—I have not been talking with him about the case—I have never said anything about it; nor to Mr. Shaw, not in particular; not at all; there has been no allusion to it; only when Mr. Potter has told me to attend the Police-court, or anything like that—I mean to say that the name of the prisoner has never been mentioned, or the transaction been spoken of—I never talked it over every time I went in the house; it has not been the subject of conversation once between Shaw and Potter and me—I may have spoken once or twice about it, but I never had a general conversation about it—Harrington was about two feet from the door—I was examined before the Coroner, and before the Magistrate also—it was Stanley who knocked the prisoner down; he fell on Harrington—I did not see Mrs. King knocked down; I was about a yard from the door—I saw the rush made in the room after she was knocked down.

JURY. Q. Was there any confusion in the bagatelle-room before you say the prisoner came in? A. No; the confusion commenced by his knocking Mrs. King down—there was then a confusion by the rush of the Italians, attempting to get into the room.

  GEORGE STANLEY . I am a painter and decorator—on 26th December, I

was at the Golden Anchor between 6 and 7 o'clock—I was in the bagatelle-room—there were no Italians in that room when I went in—I saw Seraphini. (the prisoner); I struck him on the head, you will find the mark now—I did not see him till he came into the bagatelle-room—the door was shut upon him immediately, he being the only Italian in the room—he was the first man that entered the room, and the door was shut immediately—there was no other Italian in the room at that time—as soon as he came in at the door he made a thrust at Harrington, he being nearest the door—it was not a straight-forward thrust, but a sort of side blow—that was the first thing I saw him do—Harrington fell—the prisoner then made his way towards the door to get out, but Bannister was standing in the way, and of course he was taking his own part, punching him—he was standing at the door, so that Seraphini should not go out; Seraphini struck him, and he was knocked down, and rolled under the bagatelle-board—I saw blood coming from Bannister's hand; I don't know whether it was his right or left band—I struck the prisoner on the head with a piece of wood, and he fell to the ground on the top of Harrington.

Cross-examined. Q. Did you see Mrs. King in the room? A. Yes; I did not see her knocked down, but I saw her coming in a funny sort of manner through the door—I did not see the man that struck her, because the man that struck her was in the tap-room—I did not see her on the ground—I cannot tell whether she was shoved, or pushed, or flung into the bagatelle-room—I saw her come stumbling backwards—whether she was shoved or pushed I don't know; it must have been either one or the other, I can't say which—I can't say whether she fell on the ground or not; I was looking after myself—I did not see a rush of Italians into the room; I saw a rush made to come into the room, but there was only that man that came in at the door, and the door was shut then, so that it was impossible for any more to come in—there would have been, if it had not been for our people keeping them back—the door was not opened immediately after Bannister was knocked down; I said to King, "Open the door, and let them come in one at a time, "and he opened the door a little way, and then Seraphini came in, and it was shut directly—Bannister was standing against the door when he was struck; I can't say whether his back was to the door or not—he was standing against the door at the time he struck him, and he rolled under the bagatelle-board—no one whatever came in but the prisoner—when Bannister was knocked down, there was nobody at the door to keep it closed, barring Mr. King; he was standing against the door—it was before any one came in that I told Mr. King to let them in one at a time; King was next to the door when Bannister was knocked down; I don't know whether or no he had the handle in his hand—Bannister was struck subsequently to the deceased being struck; Bannister was the last man they struck, and then I struck Seraphini on the head, and he fell upon Harrington, and then King and Mellership caught hold of him—at the time they caught hold of him the Italians had not rushed into the room—there was no one; I will swear that.

  JOHN LIDDLE . I am a French polisher—I was in the Golden Anchor on the night of 26th December—I was in the bagatelle-room—I remember Michael Harrington, the deceased, singing a song—I sang one before him—just after he had sung his song, there was some confusion in the front room next the street, the tap-room; then there was some information given us—I saw the prisoner rush into the room, and strike at Harrington in this manner, and he fell—I had a stick in my hand, and I struck at the prisoner, and

another young man struck him as well as myself, and he fell on Harrington, and I heard Harrington say, "I am stabbed"—no other Italian besides the prisoner got into the room at the time.

Cross-examined. Q. Was there no other Italian at any time in the room? A. No, not one—there were about twelve or fourteen English—at no period of the proceedings, until the prisoner was taken away, was there any other Italian in the room; they were trying to get in—the prisoner rushed in, and others tried to get in afterwards, but they were knocked back, they rushed out; they were knocked back again—then the police were in in a second—they might have got in before the police came; I can't say—there might be two or three in the confusion, but I think the police had got the prisoner in hand at the time—I think not one Italian had got in before the police got in—they attempted to get in after the police came—there was not one in the room at the time Harrington was struck; I swear that—Mr. Shaw went for the police—I know he went, because he went out after the policeman; there happened to be a private policeman there, and he fetched another one in uniform—I know Mr. Shaw fetched the police—I have heard him say so; I can't swear it; I only go by what he said—I did not go for the police; I was in the room all the time—I am a French polisher by trade; I live at 10, South-square, Gray's-inn—I work at my trade; I am in constant work, and I employ men, too—I had business at the Golden Anchor—I had work to do the whole week there, polishing, up to the 26th, boxing-day—there were about twelve or fourteen English in the bagatelle-room; there were two women, or perhaps three; two I know, Mrs. King and Mrs. Mellerehip—I did not see Bannister struck—I saw Mrs. King knocked down; she was knocked down by Seraphini, as he rushed into the room—I know it was Seraphim—I don't go by what I have heard; what I see is positive—he was the only one that came in—she was not then in the passage; the door flew open, and she was partly thrown in—she was shoved and pushed against the door.

Cross-examined. Q. And you mean to say you saw who pushed or struck her? A. Who could it be but him?—there was no one else but Seraphini there; I say he was the one, I am positive; it was impossible it could be any one else—I did not see any other Italian in the room, not till afterwards; two or three made an attempt, or it might be three or four; but they were pushed back and struck at, and they rushed back; they withdrew as fast as they could.

JURY. Q. They did not get in at all? A. No, only just inside the door, and they rushed back again in a moment.

  WILLIAM KING . I am a bone button manufacturer, and am the husband of Maria King—I was at the Golden Anchor this evening, in the bagatelle-room; between 6 and 7 o'clock—there were several of us, all English, except two Irishmen—I saw my wife go out to go home—I saw her knocked down—I did not see who knocked her down—I went and picked her up—at that time Seraphini had got into the bagatelle-room; nobody else; I never saw any one else—I saw Harrington there, and I saw the prisoner upon him; I took him off Harrington, and gave him into the bands of the constable—I kept him in hand all the time till the constable came in.

Cross-examined. Q. You say there was no other Italian got into the room? A. I never saw one—I was asked that question before, at Bagnigge-wells, and answered it; 1 mean when I was examined before the Magistrate—(The witness's deposition being ready stated: "The prisoner and other Italians came into the room.")—that is a mistake, because no one entered

the room but him—I did not see Bannister knocked down; I did not see the prisoner knocked down; I was knocked down myself behind the door—I can't say who knocked me down—no one has been talking to me about this since I was before the Magistrate; I have not been conversing with anybody about it—I swear that; I have never talked of it in the way of gossip and conversation over a pint of beer—I have never talked of it; I have heard other people talking; I did not join in it—I have read the papers; I have not seen my deposition that I made before the Magistrate since, only by reading' it in the papers—nobody has read it for me; nobody was with me when I read it; I generally read the paper myself—I have never spoken to anybody about the transaction since.

  WILLIAM ELLIOTT (Policeman, G 137). I was called to the Golden Anchor on the night of 26th December last, by Fawell another constable—I went through the tap-room into the bagatelle-room—there were a number of Italians—I think they had just been making a rush; they were standing in a crowd together—I went to the bagatelle-room door; it was shut—I and Fawell forced it open—when I got into the room I found the prisoner in the custody of the witness King; he had hold of him—at the time I forced the door open there was no other Italian in the bagatelle-room besides the prisoner—I took him away—he had the handle of a broom in his hand.

Cross-examined. Q. Did you know the persons that were in the bagatelle-room? A. I knew some of them by sight—I dare say there were as many as twelve or fifteen—I did not notice any women in the tap-room; I thought you were talking of the tap-room—I only saw Italians in the tap-room—the prisoner was the only Italian I saw in the bagatelle-room—I expect if there had been any in there I should hate seen them as well as him—I have known pretty nearly all the Italians that have been there—I have been doing duty round that neighbourhood for a number of years, and I knew pretty well all the Italians in the tap-room—I did not notice any in the bagatelle-room—I swear I saw none, only the prisoner—he had a broom handle in his hand—I heard that a man had been wounded while I was in the tap-room—I did not search for a knife at that time; after leaving the prisoner at the station I returned back and then made a search—I can't say exactly who I found in the bagatelle-room after I came back; there was a number of people—I could not say whether it was the same party; there were no Italians—I think I have been asked before to-day whether there were any Italians besides the prisoner in the bagatelle-room—I may have been; I think I have—(The witness's deposition being read, did not contain any such statement)—there were no Italians in the bagatelle-room that I noticed, but the prisoner—I think I was asked that question before the Magistrate.

JURY. Q. How long have you been on that beat? A. About four year on and off.

  RICHARD FAWELL (Policeman, A 425). I was passing the door of the Golden Anchor on this night, and was called in by the landlord—after that I fetched in the last witness Elliott, and he and I proceeded from the tap-room to the bagatelle-room—the bagatelle-room door was shut—we had first of all to pull the tap-room door open, and then push the bagatelle-room door open—I saw the prisoner there; he was in a stooping position, held by Mr. King—the deceased was in a corner of the room—I did not see any other Italians in the room—I took him into custody.

Cross-examined. Q. Did you follow the prisoner into the bagatelle-room? A. After I heard what I did from Rebbeck—I did not see Mrs. King

knocked down—I have not been looking out for another Italian—I have made inquiries for another; one particular one, who is supposed to be away—I have not been able to find him—he is known by the name of Gregorio—I know Mr. Wells, the father-in-law of Mr. Shaw—I have never taken anybody to Mr. Wells to see if he could identify him—I do not know whether or not that has been done—I saw Harrington lying on the ground—I did not know that he had been wounded—I did not know anything about Harrington till After I had returned from taking the prisoner to the police-station.

  THOMAS AMBROSE POTTER (Police-inspector, G). In consequence of information I received, I took the prisoner in a cab to St. Bartholomew's Hospital, on the evening of 26th December—I was accompanied by Fawell, Elliott, and sergeant Baldock—on getting to the hospital I found the deceased in bed attended by Dr. Peerless—I took the prisoner to the bedside with a number of persons, I should think there were ten or twelve; as many as could possibly stand round the bed, and I think they were two deep at some places—I took hold of the deceased's hand and said, "Harrington," several times before I could arouse him—I said, "Do you understand what I am saying?"—he said, "Yes"—I said, "In consequence of what the doctor, who is now present, has told me, I must inform you that you have but a short time to live"—he said, "If I am to die, the Lord have mercy upon me, "then went off apparently into a doze, and with some difficulty with the assistance of the doctor we aroused him—I then asked him where he was hurt—he said, "In the belly, untie my belly,"—several times—I then asked him to look round his bed and see if there was any one there he knew—he looked round, pointed to the prisoner and said, "That is the man who did it; God bless him!"—I believe those were the words—I should not like to be exactly positive whether it was "God bless him, "or "God forgive him"—he then went off into I doze again—sergeant Baldock, who was by my side, wrote down what he said, because I had to hold his head up—I then read over what he had said and asked him to sign it—after I read it over, the prisoner said, "I do not understand English writing; I said, "What Harrington has said was that you did it"—the prisoner said, "Oh,"—that was all—the deceased refused to sign it, and repeated several times, "God bless him." or "God forgive him."

Cross-examined. Q. The prisoner had been taken in custody of course before that by Baldock? A. No—he had been in custody before that—I did not before that on any occasion hear him assert or declare that he never used a knife; I do not know it of my own knowledge only what I have heard other witnesses say—when the deceased pointed to the prisoner he said, "That is the man that did it, the man with a black moustache"—I forgot to tell you that before—I did not forget it before the Magistrate, the occurence was fresh in my memory then—I did not forget it before the coroner—I swore to that fact before the coroner, whether it is there or not—I do not find fault with the clerks or throw it upon them—I cannot give any explanation of why it is not in the deposition—I did not say it to-day till I was cross-examined—the prisoner appeared to have a black moustache, he does not, as he is sitting there, but it is not so long now—it certainly appeared more black than it does now—I have been on the lookout for three other Italians, but not for one more than another—Mr. Wells, Shaw's father-in-law, has not been assisting me—I was not aware that any one had been taken to Mr. Wells to see if he could identify him—I do not know Carlo Chasana or Gregorio Geratti—none have been taken to my knowledge,

or brought to me—I have been looking out for some men—I went to the—Bordeasa public-house to look after those men—Mr. Wells did not accompany me there—I have had a man specially employed for a few days to look after them, his name is Fawell, I believe he was the last witness, he is in Court; but the inquiries have ceased—I was looking for the others by the Magistrate's instructions; I also used my own discretion in the matter—I found three others were concerned in the matter, and I felt it my duty to look after them—I believe I asked Shaw some time ago whether he knew where the four men were to be found who were wanted for aiding and abetting in the transaction—I have heard the names you mentioned, but I do not know the men—yon asked me if I knew them, and I told you no—no men were apprehended to my knowledge—I went to the Three Tuns public-house with three other constables in private clothes who are not here—I heard that some of the men were there, the first man you mentioned, and went up into the room where I expected, to find him, but he had just gone—there were several Italians sitting round a table, but I saw no one asleep or with his head lying down on the table, or I should have taken the opportunity of looking at him—there was no one with his head down—I did not ask anybody if that was the man, because I had got a constable' of the C division with me, I forget his name, who knew him well—Mr. Wells was not with me; I swear that, but not feeling exactly satisfied from what I had heard, that the man was in the house, I sent for Mr. Wells afterwards to go and look in front of the bar, to see if he could see him, and whether he told me or one of the constables that he could not see him I cannot say—I did not tell you before that Mr. Wells gave me no assistance at all; I swear that—that was the only occasion that I had a conversation with Mr. Wells, with reference to the men who are away—Mr. Wells was not asked to identify the men he saw at the public-house that night—I sent for him to see if he could see one of those persons in front of the bar who had made their escape on the 26th—I do not know whether he must have been present and seen it all—I should not have sent for him unless I had believed he had—I do not know that a man named Charles Chasana was taken by a detective in plain clothes to Great Saffron-hill and shown to me; there was a man standing at the corner, and I was asked by a civilian, who I did not know, if that was one of the men who ran away, but he did not answer the description—Fawell gave me the description—there were four or five different descriptions—one was, "dressed in dark clothes, fresh colour, no whiskers, whiskers shaved off, "and so on—another was, "No whiskers, "and so on—I had the description of four—I have not got the descriptions here—I have no interest in it, I cannot be accurate in giving it to you, and I shall not do it—I do not recollect the description of the four as I received it, because I took it down in writing—I did not send for Mr. Wells on more than one occasion; it might have been—me who sent for him once, I will not be certain whether I sent for him or one of the other officers did, it is a matter of so little difference—(Three men were here brought into Court)—I do not know that I ever saw those men before in my life—no men were brought to me, but I saw a man standing; that was on the night after the murder, the 27th—I saw him near the Three Tuns—that was not when I went up stairs and sent for Mr. Wells—I do not know Bondessa; if he is the landlord I do not know him; I never spoke to the man in my life—I went up stairs at the Three Tons, if that is the house you are speaking of—I did not speak to the land-lord, I did not see him—I never spoke to any one in the house but a female

—I did not go to the Three Tuns; I did not ask permission to search it, nor did anybody—I spoke to a female at the bottom of the stairs, and said, "Which is your parlour?"—she put her hand in this way, and I walked up stairs—Wells was not with me, I sent for him after I had left the house—I saw several foreigners in front of the bar when I came down, and whether I or one of the others sent for him I do not know, therefore I shall not say—the other man who was shown to me was close to the public-house I did not say that there was a man upstairs who I looked at, but did not take—I looked at the foreigners up in the room—when I sent for Mr. Wells it was not to look at one of those who were in the Three Tons—I dare say it was done through me or one of the other officers—I had never spoken to Mr. Wells but once in my life; it was to look at the foreigners in front of the bar, but I do not think I spoke to Mr. Wells—the party I saw who did not coincide was standing near the public-house; I said that he was not the man—I cannot say who the man was who called ray attention to him; he was a policeman, and I believe of the C division, I had get him there special—I looked at the man he pointed out—I did not examine him well; I could see he did not answer the description, knowing that those people have left the country, I did not further search—I cannot remember the description of the four men now, but I could then so as to say that that was not one of them—the description had reference to a man with a dark moustache, that was the description, I believe of two of them.

JURY. Q. Was it night-time or daytime that you were at the hospital? A. On the same night about 10 o'clock, I first went to the Royal Free Hospital to a man who has been examined to-day, before I went to Harrington—among the men who stood round Harrington's bed there were men who I believe I have seen at the public-house, but I should not like to be too positive.

  CHARLES DURRANT PEERLBSS . I am house-surgeon of St. Bartholomew's hospital—I remember the deceased being brought there on the night of 26th December, about 7 o'clock—he was in a state of great collapse—I found an incised wound about an inch and three-quarters long on his abdomen, through which the intestines were protruding—it was close to the navel—there were also four wounds in the protruding intestines—there was a great deal of hæmorrhage—I put back the intestines, closed the wound, and put the poor man to bed—he died about half-past 3 next morning—he was conscious when Inspector Potter came at half-past 8, and I told him that he had not many hours to live—I was present when a number of men were round his bed—I had then told him that he bad not long to live.

COURT. Q. At that time did the man, according to your judgment, believe he was in a dying state? A. Yes.

Cross-examined by MR. LEWIS. Q. There were six wounds were there not? A. There were six wounds in the intestines—I made a post-mortem examination and found two more afterwards—I should say undoubtedly that the six wounds were produced by the same stroke of the knife; the same stroke of the knife which produced one wound in the abdomen would also produce those several wounds in the intestines; it might have moved in the abdomen, but it was not withdrawn and put in again—it is possible that the wounds in the intestines could have been made after they protruded, but very improbable—I do not think they were produced afterwards.

COURT. Q. Was his death produced by that wound? A. Clearly.

  GEORGE BALDOCK (Police-sergeant, G 1). On the night of 26th December the prisoner was brought to the station by Fawell and Elliott—Fawell

charged him with stabbing Rebbeck—I asked the prisoner if he understood English—he said yes—I examined his hands, and found his right hand covered with blood—I found an old knife on him which had not been used for some time—I pointed out the blood on his hands to him, and he said, "I only protected myself"—I got intelligence directly that a man had been taken to the hospital, but I did not know it was Harrington—I heard of Harrington's death about 7 next morning—I then told the prisoner that he was charged with the wilful murder of Michael Harrington, by stabbing him in the belly with a knife—he said, "I never used a knife."

Cross-examined. Q. Did you take down that statement in writing? A. Yea—I have not got it here; it was produced at the police-court, and I never saw it afterwards—the Magistrate said it was of no use, they could not take it, and it was put on one side.

Witnesses for the Defence,

  ANN SAMS . I live at King Edward-street, Mile End—between 5 and 6 o'clock, on the evening of 26th December, I was at the Golden Anchor—I danced one dance with the prisoner; I did not finish it—he went out of the public-house when I ceased to dance with him—it was then between 5 and 6, as near as I can tell—I recollect the row commencing; I was then in front of the bar—I did not see the prisoner in the house then; I saw another man, who I knew by the name of Gregorio, with a dark moustache—he is like the prisoner—I saw him strike the blow at Mr. Shaw, who was standing in front of the bar—I do not know what he said, I saw him strike the blow and shake his hand—I do not know whether he spoke in Italian, I rushed into the dancing-room—he struck Mr. Shaw in the side box; I then saw Gregorio shake his head and bite his teeth with passion at Mr. Shaw, and Mrs. Shaw pushed her husband away, and told him to go into the parlour—Gregorio's brother was with him—I saw them both rush from the side box, to open the side door, to go to the bagatelle-room;—they opened the dancing-room door first—I saw Gregorio's brother open the door of the dancing-room, and then he pushed the bagatelle-room door open—there are two doors to the bagatelle-room—I did not see what was done in the bagatelle-room—when Gregorio and his brother rushed into the side box there were other Italians there fighting with one another—Gregorio was the first one that came out of the bagatelle-room; him and his brother—Gregorio came out without a cap—he said to another man, "Come outside, it is all right, "in English—his brother seemed in the heat of passion then, and very white—I saw no blood—I was too frightened to look at him—I went into the side box where Mr. Shaw was first struck—I heard Gregorio call Mr. Wells a b----yold b----rhis brother then asked him who it was kept him out—he said nobody kept him out but the Italians, and he said, "You b----y old b----r, if you come out I will serve you the same, "or "serve you like it"—Gregorio said that to Mr. Wells—I fetched a cab for Mr. Shaw—there was another cab there before that cab got to Mr. Shaw's house—I had not heard before I went for the cab that any one had been wounded, and I did not know who it was for; Mr. Shaw asked me to fetch it, and I did.

Cross-examined by MR. GIFTARD. Q. How do you get your living? A. By brush-drawing—I carry on my business in Bury-street, St. Mary-are—I went to the Golden Anchor with a friend, not the prisoner; I was in before he came in—Mr. and Mrs. Murphy were my friends; I believe they are here—I went out into the bar after the dance which I had with the prisoner

—I did not finish the dance because I was frightened that I should fall down, he treading on my frock—I went out into the bar—when you are in the bar you cannot see into the taproom—there is a door from the taproom into the street—that is the door you go in first, into the public-house—I do not know whether there is a door from the taproom which leads into the street straight—when the prisoner parted with me, after the dance was finished, I never saw him again that night—I had not heard that anybody had been stabbed when I left the house—I was in the dancing-room when I saw Gregorio and his brother at the bagatelle-room door—there is the door of the tap-room, and then a small passage in the door of the bagatelle-room—I was at the other side of the room when I saw Gregorio and his brother—I did not see what was done in the bagatelle room door; when the door is open you can see the other door, if you are in front, and I was in front—I was on the other side of the tap-room when Gregorio rushed out of the tap-room—I can't tell you how many people made the rush, or who they were—I have not seen any of them here to-day—I know Gregorio's brother; he is not here—I knew him before—I never had conversation with Gregorio; I only knew him by seeing him in company with other men—I did not see him that night for the first time; I had seen him before—I did not see Mrs. King knocked down—I did not see her, or any woman near the bagatelle-room door at all.

MR. RIBTON. Q. How do you say you get your living; what do you work at? A. Brush-drawing—I have no place of my own; I work at Bury-street, St. Mary-axe—my master has an English name—I have worked there between five and six months—I have not been in the habit of going much to the Golden Anchor, since I have lived at Mile-End New-town—I am not a girl of the town, and I should not like to be one; I get my living honestly—I did not see any knives—I was in the dancing-room then—that was, as near as I can tell, about twenty minutes after the prisoner left me—I saw a rush made but I can't tell how many made it—I never heard that they were using knives at all.

Q. You told my friend you heard they were using knives, and that you heard that about twenty minutes after the prisoner had left you? A. I did not hear they were using knives; I heard they were fighting in the bagatelle-room, and in the dancing-room they were fighting with sticks from one door to the other—I heard nothing about knives that night—a cab was sent for; I went for it, Mrs. Shaw asked me to do so; she did not tell me who it was for, and I did not know till after I came back; I was absent about ten minutes—I came back, and then heard that Mr. Harrington was stabbed—I do not know whether he had been removed from the house before I got back.

  ROCIO ANGELINETTA . I reside at 73, St. John-street, Clerkenwell—I had a person named Gregorio in my employment; he resided in my house—I have not seen him from 26th December up to this time—he was not under notice to leave—I did not know that he was not going to return—I believe he came back that evening, but I did not see him—his things are not there—I knew next morning that they were gone—he was like the prisoner—on Christmas-day he shaved in the same manner as the prisoner—previous to that he had a short shaggy beard—his moustaches were about the same colour.

  GIOVANNI MARIZZONI . I reside at 1, Frances-court, Bickley-street, Clerkenwell—I know Gregorio very well—he came to my house on 26th December,

about a quarter to 10 at night, and asked me whether I would allow him to sleep on the shavings in my workshop—I said, "Yes, "and asked him whether he had left his master.

Q. Did he say anything to you about anything that occurred at the Golden Anchor? (MR. GIFFARD objected to this question, the prisoner not being present on the occasion. MR. RIBTON contended that he was entitled to prove two things; first, that the prisoner was not the man; and, second, that somebody else was the man, and that an expression made use of by Gregorio, though in the prisoner's absence, was part of the res gestae, and could be given in evidence. The COURT considered that there was not the slightest pretence for supposing the evidence admissible)—Gregorio very much resembles the prisoner.

COURT. Q. Were you examined before the Justices? A. No.

  GASPANE MOOSI . I know a man named Gregorio; I have not seen him since 26th December—I know the prisoner very well; Gregorio is very much like him in appearance—I was in the Golden Anchor on the night when Harrington was wounded—I was in the taproom—there is a passage going into the bar, and I saw Gregorio there; I saw nothing in his hand—he said, "You want six Italians; I will have six English, "and then he gave him a punch in the mouth—I afterwards heard that Harrington had been wounded—I was the last Italian who was there—Harrington was removed to the bar-parlour—when I came out he was there—Gregorio had left about a quarter of an hour before that; before I saw him brought into the bar-parlour—I saw the prisoner there that evening, about five or ten minutes past 5—he asked me how I spent ray Christmas; he was in the taproom in the passage where we come to the bar—he was sober—that was the last I saw of him—he said, "I will go and have a dance, and go on home"—I did not see him leave, but I asked, and somebody said he was gone—I saw Gregorio strike Mr. Shaw, and then go into the bagatelle-room, and in two minutes I saw the people rush out, and a chap held the door not to let them out—I moved opposite—they opened the door and I saw five or six sticks, fighting, and three or four Italians were there—that was the taproom—I did not see anything going on in the bagatelle-room, only they were going from one door to the other—I saw Gregorio with a knife in his hand; he showed it to Mrs. Shaw, and said, "If you do not go and get my bat from the bagatelle-parlour I will give you one, and afterwards I will give it to your father:" he meant, "I will stab you and stab your father"—he had a knife in his band; I saw the handle of it but not the end—Mrs. Shaw said, "Do not he stupid; I will go and get your hat"—I do not know whether she got it, but I said to Gregorio that the prisoner was looked up, and then he moved out of the room with the knife—directly after that I saw the deceased carried out of the public-house wounded—Gregorio came from the bagatelle-parlour, and I saw nothing more of him—Mr. Wells was there, and he said to me and my wife, "You had better go out"—they sent me out at the side door, and I saw no more.

Cross-examined by MR. GLEPARD. Q. Where were you when Gregorio came from the taproom? A. I was in the taproom—I did not see who went in—I cannot tell whether Gregorio got into the room or not—it was about half-past 7 in the evening when I last saw the prisoner—I have not seen him since he left me—he left the Golden Anchor about a quarter past 6, and went away—I cannot tell you how he got back into the bagatelle-room.

  PIETRO MAZZNELI . (Through an interpreter). I was at the Golden Anchor public-house on the evening of 26th December, between 6 and 7 o'clock—I

saw a man there named Gregorio, who I knew before—he resembles the prisoner very much—I saw him without his hat in the public-house, and saw the landlady, Mrs. Shaw, give him his hat.

Cross-examined by MR. GIFFARD. Q. Were you in company with the prisoner that night? A. I was inside the door, but not in his company—I knew him before—I knew several of the Italians, but not all—I have seen the bagatelle-room door open and shut several times, but I cannot distinctly say whether I saw Gregorio go in or not—I saw a number of people rush to the door—I did not see the mistress or anyone knocked down.

  GOTTARDO BERCINI . (Through an interpreter.) I was at the Golden Anchor on the evening of 26th December, when Harrington was wounded—I saw a man named Gregorio there—I knew him well—I have been working six or eight months with him—he resembles the prisoner.

Cross-examined by MR. GIFFARD. Q. Were the prisoner and Gregorio friends? A. I do not know—I only saw Gregorio alone that night—I did not see the prisoner there at all.

MR. RIBTON. Q. What time did you see Gregorio? A. Between 6 and 7—I heard of Harrington being wounded—I saw a person carried into the parlour, I do not know if it was Harrington—I was in front of the bar—Gregorio was not there at that time—I saw him about ten minutes before the man was carried into the parlour—he was then in front of the bar carrying away his hat—when he came to the front of the bar I could not tell whether he came out of any room, or from the street—the landlady, Mrs. Shaw, cave him his hat, and said to him, "Go away; run away? and about ten minutes afterwards he left the house—I only heard him say to Mrs. Shaw, "Give me my hat"—he was not very much excited then—I did not observe whether he had anything in his hand; I did not see anything—there was an Italian there with him—there were very few persons there at the time Mrs. Shaw gave him his hat—when he asked for it I was not able to see what was going on in the bagatelle-room—I heard nothing said before I saw the man, whoever he was, carried into the parlour.

  GRACHOMO MONTOA . (Through an interpreter). I live at 23, Brook-street, Hatton Garden—on 26th December, I was at the Bordessa public-house—it is not five minutes walk from the Golden Anchor—the prisoner was there—a person came in and said something to me—I saw Gregorio at the Bordessa that night—the prisoner left about five minutes after the person spoke to me that person did not make a communication to the prisoner—there was only—the prisoner and Bordessa, not Gregorio—I saw Gregorio after the row was over, not exactly inside the Bordessa, but in front of the house, between 7 and a quarter past—he said he had wounded three men—I only met him outside the public-house, and a conversation took place between us—the prisoner was then already in the hands of the police—when the prisoner left the house he was alone, and I went after him as far as the door of the Golden Anchor—when I arrived there, I met him in the hands of a policeman, who laid his hand on his head—five minutes after that Gregorio came to the Bordessa public-house—he did not make any sign to me—he said nothing—the statement that he made previously was between Bordessa's house and another house opposite—I have not seen Gregorio since.

Cross-examined by MR. GIFFARD. Q. You say the prisoner left the Bordessa? A. Yes; I went towards the door of the Golden Anchor, and saw him in the hands of the police, holding his hand to his head—there was about ten minutes between those two times.

  FRANCISCO PONZINL (Through an interpreter). On the night of 26th

December I was in the Golden Anchor, and saw the prisoner enter—he entered very quietly—I did not see him throw anybody on the ground coming in.

  GRACHOMO BULETI . (Through an interpreter.) I was at the Golden Anchor on the evening of 26th December, and saw several Italians in the taproom—I saw the bagatelle-room door—they kept the door shut, and after a moment it was opened from the inside—I then saw several Englishmen come out with sticks in their hands; then I saw a mixture of English and Italians together, fighting—I stopped in the house about ten minutes, and when I left I heard something respecting some one being wounded—I know Gregorio—I met him in Hatton Wall after I left the Golden Anchor—that was about a quarter of an hour after I heard that somebody had been wounded—he had nothing in his hands—I did not see him in the public-house—I knew him before—I worked six months with him—he resembles the prisoner.

Cross-examined by MR. GIFFABD. Q. Did you see the prisoner there that night? A. No.

  PIETRO MARALIZZI . (Through an interpreter.) I live at 4, Flowery-court, Gray's-inn-lane—on 26th December, between 6 and 7 o'clock, I was at the Golden Anchor—I saw Gregorio there—he asked Mr. Shaw, the landlord, if it was him that would knock down six Italians—he gave Mr. Shaw a blow—there were a lot wishing to get into the bagatelle-room—I do not know whether they did get in the moment they wished to go into the bagatelle-room—I was caught by the collar of my coat by some person, and was dragged out—Gregorio was standing with a knife in his left hand; nobody addressed him—I did not see Mrs. Shaw—I did not hear her say anything to him at any time—I said, "For God's sake, Gregorio, put away that knife"—he said, "Let me alone"—I do not know what became of him after that—there was great confusion towards the bagatelle-room—I did not hear of the man being wounded—I met Gregorio after that in Cross-street, between the pump and the school, and he put his hand on my neck.

  ELIZABETH LAMBERT . I was at the Golden Anchor on this night—I came there to see a friend—I was in the back parlour when it first commenced I do not know a man named Gregorio—I did not see anybody strike the landlord—there was a great row in the bagatelle-room, and confusion—they were quarrelling and fighting—the landlady came in and said that the Italians were in, and three or four of them were using their knives.

(MR. GIFFARD objected to this as hearsay evidence. MR. RIBTON contended that in the case of Lord George Gordon, hearsay evidence was admitted, because it was explanatory of the transaction, and requested the Court to reserve the point for the consideration of the Judges. THE COURT declined to admit the evidence, or to reserve the point.)—the landlady ran into the bar-parlour—I had one view just as the door was open, and I saw the Italians and the others up towards the fire-place fighting—I mean in the bagatelle-room—there were fourteen or sixteen Italians in the bagatelle-room—I did not hear of anybody being wounded then—I saw the police drag the man out of the bagatelle-room—I had seen fighting going on only just about two minutes before that—the door of the bagatelle-room was only just pushed open, one ran in and another ran out—fighting was going on then—there was a man passed into the bagatelle-room, and I looked through the door at the time.

Cross-examined by MR. GIFFARD. Q. Where were you when you got a glance into the bagatelle-room. A. In the bar—when you are in the bar you can see the passage between the bagatelle-room and the taproom, you

can see the entrance—there are two doors to the bagatelle-room, and I got the glance through what they call the bagatelle-room door; through that door which is right opposite the bagatelle-room—I was looking through the door which leads from the bar-parlour into the bagatelle-room—you cannot see that door from the taproom; that is further on—I saw fourteen or fifteen or perhaps sixteen Italians—there were a great many in there together—I called them Italians—I mean people altogether, I do not know how many Italians were there, but a good many ran in directly I entered, and as I entered—no one went in through the door through which I was looking, and I could not see the other door.

Q. You say none ran in through the door through which you looked, will you swear you were there that night at all? A. Yes; I saw Rebbeck there after he was stabbed—I did not see Mellership or Liddle; I saw a big man; I have been in Court, but have not heard his name called to-day—I saw a lot of fighting up by the fire-place, but cannot tell Who was there, or even whether the big man was there.

MR. RIBTON. Q. Have you been out of Court all day? A. Yes.

  LIBALIO PEDRAZOLLI . (Through an interpreter.) I live in Princes-street—I was at the Golden Anchor on 26th December, and saw Gregorio there—I saw him give the landlord a blow, immediately after which the landlord left the house and so did Gregorio, who then opened a knife—I did not see him do anything with it, only opening it, but he told me he wound go in and do for the Englishmen—he opened the knife and said, "I will go in and settle all the lot by myself; I will clear them out"—he went in, and I saw him enter the room with the knife open, and there was a scuffle, but I did not see him use the knife—the scuffle was at the door of the bagatelle-room—I could see Gregorio among the English, with the knife open; I then left—I did not hear of a man being wounded.

Cross-examined. Q. Where were you? A. Between the corridor and the dancing-room between the dancing-room and the taproom—when I saw the knife open, I went and watched at the door—I could see inside, but could not see what was doing—I was in the middle of the room in which Gregorio took out his knife and said that he would clear out all the English—I said nothing—I was a friend of his—I knew him to speak to him—it was only just at the moment that he was showing the knife that I looked into the room—there is a passage between the bagatelle-room and the taproom, between the two doors—Gregorio went in at one door, and came out at another—when I saw him the last time it was at the entrance of the bagatelle-room door—I am not able to say whether he had ever got into the bagatelle-room—the first time I saw him go in I showed him the knife open, and then I looked in, and saw Gregorio in the midst of the people—I did not see him inside the bagatelle-room, because he came out—I saw him at the entrance—the moment he was entering, the room I left.

MR. RIBTON. Q. Did you see Gregorio with a knife among a number of Englishmen? A. Yes, the first time was in the dancing-room; that is at the entrance of the bagatelle-room.

  DOMINICO CETTI . (Through an interpreter.) I live at 40, Hatton-garden—I was at the Bordessa public-house on 26th November; a man named Gregorio came in and gave me a knife—he made a statement to me—I held the knife a little while, and then threw it into the yard of the Bordessa—Gregorio resembles the prisoner much.

  THOMAS COWLAND . I am pot-boy at the Bordessa—on 27th December, I found a knife in the urinal—I gave it up to a woman between 11 and

12 o'clock—I thought it was her husband's—I opened it, it had been lying in the water all night—I picked it up out of the water—it looked rusty, but I did not think of this affair—she said that it was her husband's, and I gave it to her in the morning—I assisted Inspector Potter to get it again—(Two knives produced by Inspector Potter.)—this is not the knife, nor is this—it is like this only the spring is broken.

T. A. POTTER (re-examined). This is the one I received from the witness.

  THOMAS COWLAND (re-examined). The knife I found and gave to Inspector Potter, was looser than this.

Cross-examined by MR. GIFFARD.

Q. Do you really mean that this is not the knife you gave to Inspector Potter? A. This is not the knife—I do not know whether Fawell the constable was present when it was handed—I may know if I see him, there were five or six of them there.

MR. RIBTON.

Q. Was the knife like that? A. Just like it—I kept it in my pocket about two hours without looking at it; it was exactly like this but the knife was looser than this.

  GEORGE AYTON . I live at 27, Charles-street, Hatton-garden—on the night of 26th December, there was a disturbance in the tap-room, after which young Rebbeck came into the bagatelle-room, where I was; from the taproom—he pulled his trousers up, and the blood was all pouring down his legs—he showed it to me, and said it was nothing only a cut on the knee; directly after that he got out at a window at the back, and got some sticks which were broken up, and laid on the bagatelle-board—during that time there was a disturbance again, and fighting between the doorways and in the little passage—I cannot say who by, because there were a great many of them, English as well as other parties—there was no fighting in the bagatelle-room—I saw Harrington wounded by the door, and saw Seraphim there—the door was pushed open, Mrs. King was struck on the mouth, and the prisoner came in with another behind him, but he was stopped by a man they call John, who used to play the organ there—all I saw the prisoner do was to give a back-handed blow—there was nothing in his hand; I will swear that—he was knocked down by a young man they call Painter, struck over the head with a stick, and Harrington fell from the blow—Painter struck the prisoner on the head and knocked him on top of Harrington—a man named King laid hold of the prisoner by the collar, and held him down till two policemen came—I did not hear of Harrington being wounded—nobody knew that he was wounded but when the prisoner was taken off of Harrington they took the prisoner away, and me and Mr. King lifted Harrington up, and put him on a seat behind the door—I went and asked for a drop of water, took it into the bagatelle-room, and bathed his face because we thought he was faint from being knocked down—we did not know that he was wounded—there was no fighting after that—I saw no knife in anybody's hand—I did not see any of the Italians get into the bagatelle-room; they were kept back with the sticks—the man who plays the organ, who came in behind him, is an Italian—he did not get into the room, he was knocked on the head with a stick—I did not see whether he had anything in his hand—I should say that man got as near to Harrington as I am to this gentleman. (About two yards).

Cross-examined. Q. That man who you call Painter, is Stanley, is it not? A. I think it is.

----Panzerini, a looking-glass maker, of 106, Hatton-garden,—Antelli, a looking-glass maker, of 48 and 49, Hatton-garden,—Charles Gaily, a looking-glass maker,—Cammille, a barometer-maker and looking-glass

silverer, and Rotheroni, a looking-glass manufacturer, gave the prisoner a good character.

GUILTY .— DEATH .