The Proceedings of the Old Bailey

 

560. (M.)   Joseph Baretti was indicted for the wilful murder of   Evan Morgan ; he also stood charged on the coroner's inquest for manslaughter, October 6 . +

He had the liberty, being a foreigner, to be tried by a Jury of half foreigners: but he chose to be tried by all Englishmen.

  Elizabeth Ward . I was in the Hay-market on the 6th of October, and between nine and ten in the evening. There was another woman with me, whom I never saw before. She asked me for a penny: I told her I had none. She sat upon a step of a door, and I sat down by her. As this gentleman went past, the other girl asked him to give her a glass of wine, as she was sitting on the step, and she put her hand towards him.

Q. Did she touch him?

E. Ward. I cannot say whether she did or did not: I believe she did.

Q. What was that for?

E. Ward. I believe it was by way of inducing him to go with her. He went a little further on, and then turned back and struck me a great blow on the side of my face.

Q. What was you doing?

E. Ward. I was looking at the girl, and he came unawares to me.

Q. Was it open-handed, or with his double fist?

E. Ward. It was with his double fist.

Q. Did it hurt you?

E. Ward. It hurt me very much.

Q. Were any body near you then?

E. Ward. I did not see a creature near me then, except he and the girl. Then I called out.

Q. How far did he go before he returned?

E. Ward. As near as I can guess, he went about a yard. When I screamed out, three young men came to him: they asked him how he could strike a woman.

Q. Did you not say something about your patten?

E. Ward. Upon my word I did not, nor did I hear it mentioned.

Q. Did you not say he ought to be clove down with a patten?

E. Ward. No, I did not.

Q. Did you hear the young men say so?

E. Ward. I did not. One of them asked him how he could strike a woman; and they shoved one another against him, and shoved him off the pavement.

Q. Whereabouts was this?

E. Ward. This was at the corner of Panton-street. They shoved him off into the Hay-market, into where the coaches go. Then he drawed his knife out of the case and held it in his hand; but I did not see him stab either of them. They cried murder, he has a knife out!

Q. What was done then?

E. Ward. The gentleman ran away immediately when they called out.

Q. Did you here them say they were stabbed?

E. Ward. I did not. They all ran after him.

Q. Did they shove one another against him before he took his knife out, or after?

E. Ward. They shoved one another against him before he took his knife out.

Q. Did you see him take it out of his pocket?

E. Ward. I saw him take it out of the case. I did not see him take it out of his pocket.

Cross-Examination.

Q. Who was that woman with you?

E. Ward. Upon my word I knew nothing of the woman.

Q. Did you not know her before? You are upon your oath.

E. Ward. I did not.

Q. Have you seen her since?

E. Ward. I have not. I asked in the Haymarket, but could not find her.

Q. What size woman was she?

E. Ward. She was rather shorter than I.

Q. How was she dressed?

E. Ward. She had a brown gown on.

It appeared to be black. I do not know whether it was brown or black.

Q. How long had you been sat down by her, before the gentleman came by?

E. Ward. Not long.

Q. Whereabouts did she put her hand?

E. Ward. Towards his breeches; towards his private parts.

Q. Do you think she did or did not touch him?

E. Ward. I believe she did touch him.

Q. How long after this did the three young men come up?

E. Ward. In a moment; immediately.

Q. How many of those young men were you acquainted with before?

E. Ward. I was not acquainted with any of them; only one of them kissed me the night before in the Haymarket. I believe I saw two of them: I remember one of them in particular, because he squinted. *

* The evidence Clark squinted.

Q. Did you never see them, or either of them, before?

E. Ward. Upon my word I never saw them in my life before.

Q. Whereabouts in the Haymarket did you see them?

E. Ward. It was by the Orange coffee-house, at the end of the Haymarket.

Q. Which of the other was it that you saw besides he that squinted?

E. Ward. I believe the other was Morgan, he that is dead.

Q. How soon after they said - How could you strike a woman? I was it that they shoved the gentleman?

E. Ward. Directly.

Q. How many times did they shove him?

E. Ward. It was twice. They shoved one, and then another. They were all close together. They shoved him from off the pavement.

Q. Where was he when you saw the knife in his hand?

E. Ward. He was then off the pavement in the high-way; I saw the knife in his hand; and then he ran away.

Q. Did he run very fast?

E. Ward. He ran quite fast, about eight or nine doors up Panton-street, the way where he ran into the house, only the house was farther on; then I saw his head over their shoulders turn back. This was when he was gone eight or nine doors up. They all kept to close to him. I believe it was then that the deceased was stabbed.

Q. Did you follow them?

E. Ward. I did, and saw him afterwards go into a shop in Panton-street.

Q. How many doors was that house from the end of the Haymarket?

E. Ward. I really cannot tell.

Q. Did you observe any other house open besides that?

E. Ward. I saw no other open but that: that house was not above two or three doors from Oxendon-street.

Q. Were there no names called?

E. Ward. There were no names called by any body.

Q. Did not you, or the other girl, call him French dog, or to that purport?

E. Ward. No. I remember he called us b - hes.

Q. Did not the young men call him such names?

E. Ward. I did not hear them. I was in a flurry. I do not remember they did.

Q. Do you recollect you have ever said they did?

E. Ward. I believe I might say so.

Q. Do you believe you then told what was not true?

E. Ward. I never designedly said what was not true.

Q. Then recollect what you did hear.

E. Ward. I remember hearing some say buggerer, or some such name. Some of them called him so.

Q. Which was it, the other girl, or some of the men?

E. Ward. I cannot tell whether it was the girl, or one of them.

  Thomas Patman . On the 6th of October Mr. Clark and I were coming up the Haymarket. We met Morgan near abouts where the fire was. We drank three pints of beer together, at a house that turns up on the left-hand. We asked Morgan to give us a song; he said he would give us a song, if we would go along with him to a house in Golden-square. We were going along the Haymarket all three together, and just at the corner of Panton-street, coming by, there was a gentleman struck a woman. I saw him strike her on the head. She reeled, and was very near ready to fall. I do

not know whether it was me that said he was not a gentleman for striking a woman.

Q. Did you know the woman?

Patman. I did not. I had never spoke to her in my life.

Q. What did the woman say?

Patman. The woman cried out. I never heard her mention a word before. She said, You do not behave like a gentleman.

Q. What did he say?

Patman. I never heard him speak a word. The other two men were behind me, and they immediately pushed me against the gentleman. I received a blow from him directly on my left side: the blood ran down into my shoe.

Q. How many times was you pushed against him?

Patman. I remember no more than once.

Q. Was it with any great violence?

Patman. No, none at all. It would not hurt any body.

Q. Did you hear the word buggerer mentioned, or something like?

Patman. I did not.

Q. Did you not call him names?

Patman. I did not call him any names at all. I cried out I was stabbed.

Q. Where was the gentleman then?

Patman. He was just at the corner of Panton-street, off of the Haymarket pavement.

Q. What did Morgan do to him?

Patman. I never saw Morgan do any thing. The gentleman made off half way up Panton-street. I did not know he had a knife. Morgan ran after him, to take him, and just by the Hole in the Wall Morgan received a wound. I saw the gentleman strike at him as he was running up Panton-street: he struck him on the side of his body.

Q. Whereabouts was he when this was done?

Patman. He was half way up Panton-street, on the right-hand.

Q. Did you see any other blows given?

Patman. I saw none but that. We pursued him, and cried murder. We saw him go into a chandler's shop. I went just by the door. Morgan was lying on the ground, as they told me. I did not see him. I never lifted up a hand against the gentleman, neither did I see any of the others offer to strike him.

Q. Did you hear any such words as buggerer, or French bugger?

Patman. No, I did not.

Q. Had you given him no offence at all?

Patman. No.

Q. Was you not pushed against him?

Patman. I was.

Q. Where was he then?

Patman. He was off the pavement.

Cross-Examination.

Q. How many were there of you at the public house?

Patman. There were Clark, I, and Morgan. We wanted Morgan to sing a song there, but he had been desired by people there before, and he would not sing there.

Q. Where did you and Clark meet with Morgan?

Patman. We met with him accidentally in the Haymarket.

Q. When had you seen him before?

Patman. I had seen him some time before.

Q. How many woman did you see?

Patman. There were two women sitting on the steps, within two doors of Panton-street, in the Haymarket.

Q. Did you know either of them?

Patman. No, I did not.

Q. Can you tell whether Morgan knew any of them?

Patman. I cannot say whether he did or no.

Q. Did you never declare that Clark and Morgan knew the girl?

Patman. I do not know that I did.

Q. Was you examined before Sir   John Fielding ?

Patman. I was.

Q. Did you not say there that they did?

Patman. I do not remember I said so.

Q. Did you hear any expression made use of by either of the girls about a patten?

Patman. I was in a flurry; I do not remember it.

Q. How long after the blow you declared you was stabbed?

Patman. Directly.

Q. Did you not declare, that at the time you was stabbed you did not know you was stabbed, till you felt the blood run down?

Patman. The blood ran immediately.

Q. Might not there be a minute or two between?

Patman. I am most sure, it was not half a minute.

Q. Where was Mr. Baretti pushed to; was he pushed off the pavement?

Patman. I believe he was pushed about three feet.

Q. How near was you to him?

Patman. I was close by him. I followed him by the force of the push.

Q. How long after the push did you call out you was stabbed?

Patman. I felt the blood come immediately.

Q. Did not you say you did not know you was stabbed till the other man fell?

Patman. I knew I was stabbed before.

Q. But did not you say you did not call out you was stabbed, till after the other man was stabbed?

Patman. I gave notice directly.

Q. Did you see Morgan attempt to strike him?

Patman. No.

Q. Where was he when Morgan laid hold of him?

Patman. Just by the Hole in the Wall.

Q. How far might that be from the place where he was stabbed?

Patman. That was about eight or nine doors distant.

Q. Did you not see the knife?

Patman. I never saw it at all. I thought it had been a little pen-knife.

  John Clark . I was going up the Haymarket on Friday, the 6th of October, in the evening, between seven and eight o'clock. Patman and Morgan were with me. I saw Mr. Baretti strike a woman. Mr. Morgan pushed me against Patman, and Patman pushed against Mr. Baretti.

Q. Was it a shove with violence?

Clark. No; it was a slight shove. He did not push me so very hard.

Q. What happened upon that shove?

Clark. I did not see the knife till they hallooed out they were stabbed.

Q. Did you hear Patman cry out he was stabbed?

Clark. Yes. The gentleman ran away, and Mr. Morgan went up to him, and he stabbed him.

Q. At what time did Patman say he was stabbed?

Clark. Some time after.

Q. How long after?

Clark. It might be a minute, or a minute and a half, or two minutes.

Q. Then the moment Patman had been pushed against him, he ran up Panton-street?

Clark. Not till they both cried out.

Q. Where was Morgan stabbed?

Clark. In Panton-street.

Q. I ask you, whether as soon as Patman had been pushed against the gentleman, did they not both go off the pavement upon that push?

Clark. The gentleman did. I do not know whether Patman did.

Q. Upon that, did not the gentleman immediately run up Panton-street?

Clark. He went on towards Panton-street.

Q. Then he went on for Panton-street before you heard Patman say he was wounded?

Clark. Yes.

Q. Did you see the blood upon Patman?

Clark. Yes, after he got to the grocer's shop.

Q. Then you cannot tell whether it was before or after Patman was stabbed that he ran?

Clark. I cannot say which was stabbed first.

Q. Did you not all run after the gentleman when he ran up Panton-street?

Clark. Yes.

Q. When did Patman say he was wounded?

Clark. That was after we had run after the gentleman.

Q. Then you had not heard him say so before?

Clark. No.

Q. Why did you run after him?

Clark. Because they said he had a knife in his hand.

Q. Did you hear somebody say they were stabbed?

Clark. Yes.

Q. And did you take that to be one of your companions?

Clark. Yes.

Cross-Examination.

Q. You have been examined by the magistrate and coroner, have you not?

Clark. Yes.

Q. You was sworn before the coroner to tell the truth?

Clark. Yes.

Q. Did not you before the coroner swear that Morgan was first stabbed?

Clark. I did not know which was.

Q. Did you say that Morgan was the first person that said he was stabbed?

Clark. I did not know who that was. Somebody cried out they were stabbed, but I did not know who it was.

Q. Did not you say so before the coroner, and sign to what you said? Have you seen your deposition lately?

Clark. No.

Counsel. I agree with you, you say you do not know which was first stabbed: but did not you swear, and sign before the coroner, that Morgan first said he was stabbed?

Q. Have not you said Patman did not know he was stabbed, till he came into Panton-street; and did not you say, when asked, who followed the gentleman, when he was shoved off the pavement?

Clark. I am not certain; I did not take particular notice who ran after him.

Q. Why did you not endeavour to recollect before the coroner, when a man's life was almost as much at stake as here? Did not you say then somebody went up and collared the gentleman?

Clark. Yes I did, it was Morgan: I am not certain who it was, I think it was Morgan: that was after he ran up towards Panton-street.

Q. Where was Morgan when the gentleman stabbed Patman?

Clark. I believe Morgan then was in Panton-street.

Q. Have not you said upon your oath, that Morgan did go up to the gentleman to collar him?

Clark. That was when he went to go away.

Q. Did Morgan first say he was stabbed?

Clark. I am not certain.

Counsel. Remember, the Jury are to depend upon something where a man's life is at stake. Have not you declared upon oath that Morgan was the first that said he was stabbed?

Clark. No, sir.

Q. Have not you said that upon oath before the coroner?

Clark. Yes.

Q. When did Patman say he was stabbed?

Clark. Patman did not say he was stabbed, till near the grocer's shop, as I heard.

Q. Do you know that Morgan knew that Patman had received any injury, when he went up to collar the gentleman?

Clark. I do not know.

Q. Did Morgan go up to collar the gentleman before he knew Patman was stabbed?

Clark. Yes.

Q. Now recollect another thing. What words were made use of on this occasion by the woman?

Clark. The young woman said, he deserved a knock over his head with her patten. That was after he had struck the other woman.

Q. Were not the words, to have his skull cleaved? Did not you make use of the words cut or clove down with her patten?

Clark. No, it was have a knock with her patten, or words to that effect. I said the same words then, as now.

Q. After you was examined, was not you called up to the head of the table, and your deposition read deliberately to you? And was not you desired to attend to it? And did not you sign your name to it, and declare the whole to be truth?

Clark. Yes.

Q. Was the gentleman called any names?

Clark. No.

Q. Did not you tell Mr. Wyatt, the surgeon at the hospital, he was called French bugger, or French woman-hater, or words of that sort?

Clark. No, I did not.

Q. Now as to this   Elizabeth Windsor , or Ward, I understand she goes by two names, how long have you known her?

Clark. I never saw her before I saw her at the coroner's. She said she saw me the night before this, but I did not know it was she. She said I kissed her the night before.

  John Lambert . I have endeavoured to collect all the evidence together, at a great deal of trouble and pains, and when I had so done, I gave it the prosecutor's sollicitor to make what use of it he pleased. I am a tallow-chandler, and was then a constable. On the 6th of this instant October, about nine o'clock in the evening, I was sat down to supper, when I heard the cry of murderer, or stop murderer, which alarmed me a good deal. I got to my door, and observed the prisoner and two or three men pursuing him: he ran into a grocer's shop just opposite to me. Patman was standing at the door when I went over. He was unbuttoned, and there was blood running down; I observed it through his shirt. I asked him what was the matter; he said he was stabbed by that gentleman, who was then in the shop, and had a knife in his hand. The silver case on it was

bloody. He had a green shagreen case in the other hand. I said, Sir, I beg you will surrender. One or two of my neighbours came in; he said, Are you friends? I said Yes, we were, and would protect him. By that time a mob was gathered about the door, being between nine and ten. He endeavoured to put the knife in the shagreen case, and I believe he would have done it, if I had given him time. I not knowing who, or what he was, I thought it best to secure him. Immediately I sprang to him, seized him by the collar, and took the knife and knocked it against a tea-chest to force it in; it was not quite in; and bent the point of it as it is now. ( Produced in court, in a silver case over the blade.) I did propose carrying him to the round-house, but Sir   John Fielding 's name being mentioned, Mr. Barretti said he was very willing to go before him. He said he was a gentleman, and secretary to the Royal Academy in Pall-Mall. I took him to Sir John, and he was committed.

Cross-Examination.

Q. Did you observe whether he had any intention to make his escape?

Lambert. No; he did not show any intention of that sort.

Q. Did he attempt to conceal his knife?

Lambert. No. I showed him my short staff, but I believe he did not see it. He appeared to be very near sighted. Some of Mr. Barretti's friends said there was another woman with Ward. I made it my business to take up several prostitutes in the Haymarket, and examined them, but could not find any such person as Ward has mentioned.

  John Lloyd . I was a patient in Middlesex hospital when Morgan was there. I asked him how he received his wounds; he said he received them in Panton-street, near the Haymarket; that he and two men were going along, and they saw a gentleman strike a woman; and one of them said he was no man for abusing a woman in that manner; that the deceased being in the middle, they shoved against the gentleman, and he stabbed the next man to him: the man cried, I am stabbed, and he made after him; and when he overtook him, he stabbed him in two places, turned round a third time, and stabbed him again, which hurt him worse than the two first.

Q. Did he tell you he had collared him, or was going to collar him?

Lloyd. He said his life was taken away, without any offence, over and over again.

  Robert Lelcock . I was a patient in that hospital at the same time. Mr. Morgan told me he had been and drank a pint of beer with two gentleman; that he saw a gentleman assault a couple of women; that he went up to their assistance, and received two wounds, and after that a third, which stab was the worst he had.

  John Wyatt . I am a surgeon at the Middlesex hospital. Morgan the deceased was brought in there. He had received three wounds.

Q. Do not you apprehend that each of these three wounds might occasion his death?

Wyatt. That wound received in his abdomen was the occasion of his death. Wounds in the lungs do sometimes prove mortal, and sometimes not. After I had seen the deceased, I was going through the hall, when the porter stopped me, and told me there was the other man that had been wounded: I turned to him; there was Patman and Clark with him. I asked them how the affair happened. Clark began to tell his story. He said they were coming up the Haymarket; they had drank some beer; where they saw a gentleman abusing a lady, who was an acquaintance of the gentleman's up stairs (meaning Morgan.) These were the very words as near as I can recollect. I kept those words in my mind, because I thought there was something extraordinary, not only in the manner of the man's expressing himself, but in the matter. I let him go on. I believe I asked him what provocation had been given to the gentleman; he said none, only pushing upon him. I asked how that was: he replied in these words, The gentleman up stairs pushed me against that gentleman (pointing to Patman) and I pushed him upon the gentleman (meaning Mr. Baretti.) I asked who it was that struck the gentleman. (I had not heard that any body had, but I thought it probable.) They said they only pushed him. I asked him what provocation the girl had given him; he said he believed she had d - d him for a French bugger, and said he ought to have his head clove with a patten; but, said he, I saw no patten. Clove, or cut down, it was one of those expressions. Then the patients and pupils in the hall were collecting about us. I took him out of the hall into the board room, and said to Clark, This woman was an acquaintance of yours: he said no. Then I said, Probably I made a mistake, she was an acquaintance of the gentleman's up stairs: he then said, No, not at

all. Then the gentleman with me said, You rascal, you said so, not two minutes ago. But he then denied it: after that, I did not ask him any other question.

Court. Mr. Baretti, the evidence is now gone through that they have produced against you, in regard to the crime of which you stand charged. It is now your time, if you chuse to say any thing in your own defence, or if you think proper, you may leave it to your counsel to call witnesses.

Mr. Baretti. I have wrote something concerning this accident. I do not know whether it is proper for me to read it.

Court. You certainly may be permitted to speak or read any thing you have wrote. I suppose you mean it as a history of the fact?

Mr. Baretti. Yes.

He read to this purport:

On Friday, the 6th, I spent the whole day at home correcting my Italian and English Dictionary, which is actually reprinting and working off, and upon another book in four volumes, which is to be published in February next, and has been advertised in the News-papers. I went a little after four to the club of Royal Academicians in Soho, where I stopped about half an hour waiting for my friends, and warming myself in the club-room. Upon nobody's coming, I went to the Orange coffee-house, to see if a letter was come for me, for my letters come there, but there was none. I went back to go to the club, and going hastily up the Haymarket, there was a woman at a door; they say there were two, but I took notice of but one, as I hope God will save me: there might have been two, though I only saw one: that is a fact. There was a woman eight or ten yards from the corner of Panton street, and she clapped her hands with such violence about my private parts, that it gave me great pain. This I instantly resented, by giving her a blow on the hand, with a few angry words. The woman got up directly, raised her voice, and finding by my pronunciation I was a foreigner, she called me several bad names in a most consumelious strain; among which, French bugger, d -   ned Frenchman , and a woman-hater, were the most audible. I had not quite turned the corner, before a man made me turn back, by giving me a blow with his fist, and asking me how I dare strike a woman; another pushed him against me, and pushed me off the pavement; then three or four more joined them. I wonder I did not fall from the high step which is there. The path-way is much raised from the coach-way. A great number of people surrounded me presently, many beating me, and all d - ning me on every side, in a most frightful manner. I was a Frenchman in their opinion, which made me apprehensive I must expect no favour nor protection, but all outrage and blows. There is generally a great puddle in the corner of Panton-street, even when the weather is fine; but that day it had rained incessantly, which made it very slippery. I could plainly perceive my assailants wanted to throw me into the puddle, where I might be trampled on; so I cried out murder. There was a space in the circle, from whence I ran into Panton-street, and endeavoured to get into the foot-way. I was in the greatest horror, left I should run against some stones, as I have such bad eyes. I could not run so fast as my pursuers, so that they were upon me, continually beating and pushing me. Some of them attempting to catch me by the hair-tail: if this had happened, I had been certainly a lost man. I cannot absolutely six the time and place where I first struck: I remember, somewhere in Panton-street, I gave a quick blow to one who beat off my hat with his fist. When I was in Oxendon-street, fifteen or sixteen yards from the Haymarket, I stopped and faced about. My confusion was great, and seeing a shop open, I ran into it for protection, quite spent with fatigue. I am certainly sorry for the man, but he owed his death to his own daring impetuosity. Three men came into the shop, one of them cried to me to surrender myself to him, who was constable. I asked them if they were honest men, and friends; they said, Yes. I put up my knife, desired them to arrest me, begged they would send for a coach, and take me to Sir   John Fielding . I appeal to them how I behaved, when I surrendered, and how thankful I was for their kind protection. Sir John heard what I and the men had to say. They sent me into a room below, from whence I dispatched a man to the club in Gerrard-street; when Sir   Joshua Reynolds and other gentlemen came to me. A messenger was dispatched to the Middlesex hospital, where they said Morgan was carried. A surgeon came, and took his oath that Morgan was in danger. Sir John committed me to Tothillfields-Bridewell. Two gentlemen, as

well as the constable, can witness to my behaviour when the coachman lost his way, which forced us to alight in the raire and darkness, in order to find the way to Tothillfield-Bridewell. I humbly conceive this will shew I had no intention of escaping. That woeful night I passed without rest. My face had been observed to be hurt, while I was at Sir   John Fielding 's; and the constable was the first who took notice of a blow I had received on my chin. But when the heat and fear had subsided, I found a great pain in divers parts of my body. Mr. Molini and Mr. Low being with me, desired me to let them see what was the matter with my back, which I had complained of, I stripped, and they saw several bruises. - This, my Lord and Gentlemen of the Jury, is the best account I can give of my unfortunate accident; for what is done in two or three minutes, in fear and terror, is not to be minutely described; and the Court and the Jury are to judge. I hope your Lordship, and every person present, will think that a man of my age, character, and way of life, would not spontaneously quit my pen, to engage in an outrageous insult. I hope it will easily be conceived, that a man almost blind could not but be seized with terror, on such a sudden attack as this. I hope it will be seen, that my knife was neither a weapon of offence or defence: I wear it to carve fruit and sweetmeats, and not to kill my fellow-creature. It is a general custom in France, not to put knives upon the table, so that even ladies wear them in their pockets for general use. I have continued to wear it after my return, because I have found it occasionally convenient. Little did I think such an event would ever have happened. - Let this trial turn out as favourable as my innocence may deserve, still my regret will endure as long as life shall last. A man who has lived full fifty years, and spent most of that time in a studious manner, I hope, will not be supposed to have voluntarily engaged in so desperate an affair. I beg leave, My Lord and Gentlemen, to add one thing more. Equally confident of my own innocence, and English discernment to trace out truth, I did resolve to wave the privilege granted to foreigners by the laws of this kingdom: nor was my motive a compliment to this nation; my motive was my life and honour; that it should not be tho ught I received undeserved favour from a Jury part my own country. I chose to be tried by a Jury of this country; for if my honour is not saved, I cannot much wish for the preservation of my life. I will wait for the determination of this awful Court with that confidence, I hope, which innocence has a right to obtain. So God bless you all.

Q. to Lambert. Did you take notice of some blow upon Mr. Baretti's face at Sir   John Fielding 's?

Lambert. I did. I forgot to mention it before. He told me he had received it at the time by some of the people, which, in all probability he might. It was a little swelled.

Q. Had he his hat?

Lambert. He had lost it in the scuffle.

  Ann Thomas . My husband is cook to Sir   Pennington Lamb , at Brocket-Hall. I had been in the country, and came to town the day before this happened. I went this day to see a person that was ill of a fore throat. I staid and supped with her, and going home, I came through Leicester-Fields. I was on the left side of the way in the first Panton-street, (there are two Panton-streets ) where I saw a shop open. As I went on (I had my child in my arms) I saw a croud of people at the end of the street by the Haymarket. I also saw a gentleman run from among them on the side of the way I was. I stood still. My child asked me to go home. Whether the gentleman stopped, or they stopped him at the Hole in the Wall, I cannot tell: they all ran after him: they were all in a great bustle: I saw but one woman among them.

Q. How many do you think there were of them?

A. Thomas. There might be eight, or ten, or a dozen. I did not think of being called in question about it. I was about facing him when he stopped. I saw him turn upon them. He was in the midst of them. I saw him run from them again, towards the other passage; and when they ran again, I heard the cry of murder.

Q. Had you heard that cry before?

A. Thomas. I had not. I was much frighted. I and my child wentforward, towards the grocer's shop. I asked a person to take hold of my child, that I might go and see who it was. The person was not willing, so I went on towards home. I never saw the gentleman in my life before.

Mr.   Peter Molini . I am acquainted with Mr. Baretti. I dined with him to-morrow will be

a fortnight ago, the day after the affair happened. As he was complaining of pain in his body, I desired him to strip, that we might see. In looking on his back, I observed a bruise under his shoulder, on the left side, and another a little lower, on the other side his back; I also saw a swelling on his right cheek, and a scratch on the right side. Two of the bruises were very visible. His jaw was swelled, and there was a little scratch on the same side. There were two other gentlemen present at the same time.

Q. Look at this knife here produced. (He takes it in his hand.)

Mr. Molini. I have seen such knives as these before; they are used by almost every body. It is usual to carry them in pockets. Ladies use them to peel fruit, and eat sweetmeats, abroad. It is not common, as here, to put knives on the table. The outside is silver, and the inside steel, to cut a little bit of bread with.

Mr. Low. I am acquainted with Mr. Baretti; I visited him in Tothillfields-Bridewell. On Saturday, the 7th of this instant, a gentleman came and told me of the affair. I went about three, and asked him how he did; how he found himself: he said, I can scarce tell you; my mind is in a very bad situation, and I have bruises on my body. I said, You had better shew them before they go off. I lifted up his shirt, after his coat and waistcoat were off, and saw six or seven bruises on his body. The most remarkable was upon his blade-bone. There was one on his hip, and another on his side, which seemed as if the skin was a little off.

Justice Kelynge. I once was coming from a relation of mine down Panton-street, when a woman took hold of me, and endeavoured to put her hand into my breeches. I immediately sprung away. I was going to knock her down, when two men came up to me. I called out watch! watch! very loud, but no watch came, though they were very near. A gentleman, a major, crossed the way to me, and then they all ran away. It is a common case there, I am sorry to say it, notwithstanding all the care we take. Here is another brother magistrate in court, that has been attacked in the same manner: there is seldom a woman that attacks a man, but they have two or three men behind them, ready to pick your pocket, or to knock you down.

Mr. Perrin. It is impossible to walk up the Haymarket in the evening, or night, but you will meet with women the most indecent, the most abandoned wretches, that ever I saw, and they have often men following them. I have been obliged to go out of the way on their account. I have complained of this to Sir   John Fielding and to Mr. Kynaston desiring they might be removed, for they are a common nuisance. Pains have been taken to remove them. They generally are attended by men. I have sometimes been afraid of walking up and down there. They will attack you, by laying hold of your arm, and are guilty of very great indecency, not to be bore with. There was a night-cellar there, where they frequented, but that has been removed.

Major   Alderton . I lodged at one time in Oxendon-street about four years. I was attacked about twelve months ago, at the corner of Panton-street, by men and women. I was attacked by women first, and because I pushed them away, I was attacked by men: they began to jostle me, but I had a pretty good stick in my hand, and they did not chuse to closely attack me. I applied to Sir   John Fielding , and complained of that night-cellar. The licence then could not be taken away, because the house was of use to chairmen. It since is taken away. I have been more than once or twice attacked at that place. I have seen eight or ten there together, both men and women.

Hon. Mr. Beauclerck. In France they never lay any thing upon the table but a fork, not only in the inns, but in public houses. It is usual for gentlemen and ladies to carry knives with them, without silver blades. I have seen those kind of knives in toy-shops.

Q. How long have you known Mr. Baretti?

Hon. Mr. Beauclerck. I have known him ten years. I was acquainted with him before I went abroad. Some time after that I went to Italy, and he gave me letters of recommendation to some of the first people there, and to men of learning. I went to Italy the time the duke of York did. Unless Mr. Baretti had been a man of consequence, he could never have recommended me to such people as he did. He is a gentleman of letters, and a studious man.

Sir   Joshua Reynolds . I have known Mr. Baretti fifteen or sixteen years. He is a man of great humanity, and very active in endeavouring to help his friends. I have known many instances of it. He is a gentleman of a good temper; I never knew him quarrelsome in my life; he is of a sober disposition. He never drank any more than three glasses in my company. I never heard of his being in passions or quarrelings.

This affair was on a club night of the Royal Academicians. We expected him there, and were enquiring about him, before we heard of this accident. Mr. Baretti is secretary for foreign correspondents.

Doctor Johnson. I believe I began to be acquainted with Mr. Baretti about the year 53 or 54. I have been intimate with him. He is a man of literature, a very studious man, a man of great diligence. He gets his living by study. I have no reason to think he was ever disordered with liquor in his life. A man that I never knew to be otherwise than peaceable, and a man that I take to be rather timorous.

Q. Was he addicted to pick up women in the street?

Dr. Johnson. I never knew that he was.

Q. How is he as to his eye-sight?

Dr. Johnson, He does not see me now, nor I do not see him *. I do not believe he could be capable of assaulting any body in the street, without great provocation.

* Dr. Johnson and Mr. Baretti are both very near-sighted.

  William Fitz-Herbert , Esq; I have known him fourteen or fifteen years. He is a man of as good a character as ever I knew any body; a peaceable man; a man that I always chose to have in my family. He has been in the summer in the country with my family for months together. I never saw any thing exceptionable by him in any kind whatever.

  Edmund Burke , Esq; I have known him between three and four years; he is an ingenious man, a man of remarkable humanity; a thorough good-natured man.

  David Garrick , Esq. I was not very intimate with Mr. Baretti till about the year 54, though I knew him before. I never knew a man of a more active benevolence. He did me all the civility he could do to a stranger, as indeed he did so to every Englishman that came in the course of my acquaintance with him. When I was at Paris, I was very inquisitive about men of literature. I asked who they thought was the best writer in their language; they told me Mr. Baretti. He is a man of great probity and morals. I have a very particular instance of his great friendship to me. Mrs. Garrick got a lameness, and we tried every method in order for a remedy to no purpose; and Mr. Baretti was the person that restored her.

Q. Look at this knife. (He takes it in his hand.)

Mr. Garrick. I cannot say I ever saw one with a silver sheaf before. I had one, but I have lost mine. Mrs. Garrick has one now, with a steel blade, and gold.

Q. When you travel abroad, do you carry such knives as this?

Mr. Garrick. Yes, or we should have no victuals.

Doctor Goldsmith. I have had the honour of Mr. Baretti's company at my chambers in the Temple; he is a most humain, benevolent, peaceable man. I have heard him speak with regard to these poor creatures in the street, and he has got some in the hospital, who have had bad distempers. I have known him three years. He is a man of as great humanity as an in the world.

Doctor   Hallifax . Mr. Baretti is a man extremely affable in his temper, and quite a good-natured man.

There were divers other gentlemen in court to speak for his character, but the court thought it needless to call them.

Acquitted of the murder, of the manslaughter, Self-defence .