voice, that it was with much difficulty he could be heard. He said, that on the evening of the robbery, he was walking in the Park : he met a Mr. Head, a former acquaintance of his in Ireland, who had owed him a considerable sum of money. After a conversation with him for some time on various indifferent matters, he reminded him of his debt. Mr. Head replied, he could not conveniently pay him at that time, but that he would breakfast with him at his lodgings in the morning, and settle the matter. With this answer the prisoner faid he was satisfied, and in some short while returned home, and went to bed.

In the morning, finding Mr. Head disappointed him, by not coming to breakfast, he was determined to go to the Swan with Two Necks in Lad-lane, in hopes of meeting him, as he told him, the evening before, he lodged there ; for that he was shortly to go to Ireland. But he had not proceeded above a cou. ple of fireets in his way to Lad-lane, when he met Mr. Head. He said, he remonstrated with him for not keeping his appointment, and urged, in a very pressing manner, the neceflity he had for the money he owed him. Mr. Head told him, that it was not immediately in his power to pay him, and, to convince him of it, pulled out his purse. He Taid, he admired the purse very much, and asked Mr. Head to give it him, as he thought it very handsome. Mr. Head replied, he would not; but that he should have it to make a present of to his wife; which he agreed to, and accordingly got the purse. Mr. Head told him, that he had a bill for zool. on a lord, but that he could not obtain the money for some little time; however, if the urgency of his affairs deinanded his immediate supply of cash, there was but one way left in which he could affist him, which was by giving him his watch to dispose of. He mentioned, that is was made by a Mr. Best, in Cornhill, and that in all probability he would purchase it. But declared his unwillingness to go with it himself, as it had not been long before that he had bought it from Mr. Best ; and that his going to sell is, would expole his poverty to him. The prisoner faid, that he was content with these reasons, and consented to go to Best's himself. When he came near his house, Mr. Head said he would go no further, bot wait there 'till his return,

The prisoner said, he considered it would be but pradent to try what some other person might offer for the watch, before he presented it to Mr. Bel, and on that account he went into a filversmith's shop; the owner of which expressed his ignorance of the value of watches, and therefore desired me to bring the watch to a person living near him, who had a knowledge in matters of the fort, he said, he went with him to Mr. Beft's,


who claimed the watch as his property, and detained him as his prisoner. He explained to Mr. Best how the watch came into his posfellion, and told him, a number of times, that the person who gave it him was standing at the corner of a streer in the neighbourhood, and entreated him to come along with him and that if he had any apprehensions of his escaping, he had no objection to have a proper guard to attend him to the place. Mr. Best paid no attention to his request, but was deaf to every thing he could say, to induce him to accompany him to Mr. Head. For what reason he had acted so cruelly, so inhumanly by him, he was at a loss to account : however, the fact was as he had stated it. He was then carried belore a justice, and perceiving that he was going to be committed to prison, he fent a constable to Lad-lane, to apprehend Mr. Head, if possible, in order that his innocence in the affair might be manifested to the world. · Word was brought him by the constable, that Mr. Head was not at Lad-lane, but had gone for Ireland. He supposed the sudden flight of Mr. Head might be owing either to his having discovered that he was taken up, or that, from his not returning to him, he suspected that all was not right, conscious himself of the crime he had been guilty of.

Thus, by Mr. Beit's conduct, the prisoner said he had been reduced to the wretched fituation in which he now stood. He was deprived, by the escape of Mr. Head, of the only means which could have convinced the world that he was not that cri. minal man the evidence produced to-day against him would represent him to be. He threw himself entirely on the goodness and humanity of the jury. He was convinced that at the same time they must do ftrial justice to their country, yet that they would mercifully attend to the peculiar circumstances and hard· ships of his case.

Mr. justice Buller, after this, summed up the evidence, which had been delivered by the different witnesses. He observed, that the defence made by the prisoner did by no means corre

fpond with the evidence which had been given : for, in the firlt · place, the prisoner says that Mr. Head told him that he bought

the watch from a Mr. Belt. This, his lord ship said, Mr. Head could not have told him ; or if he did, the fallity of such a declaration was positively proved by Mr. Beft, who swears that he lent the watch to Mr. Leuward, while he was making him a new one. And in the next place, the prisoner says that the purse, which was found in his box, was given him by Mr. Head the morning after the robbery, to be presented to his wife as a present ; whereas it appears from the testimony of two of the witnesses, that after he left his lodgings in the morning, he ne.

[merged small][ocr errors][ocr errors][ocr errors]

ver returned to them again; and consequently, if he received the purse from Mr. Head, he could not have put it in his box. On the whole, his lordship said, the mere ipse dixit of a prisoner ought never to have that weight with a jory, which the evidence of witnesses sworn in court was entitled to.

His lordship having concluded his charge, the prisoner pressed very hard for 'a further hearing, as he had something else to al. ledge in his defence, which might prove of service to him. However, he was peremptorily refused his request by the judge for a long time. At length he was cold, as he still perfifted in his wish to be heard, that he might speak, provided that he confined his observation to what had already passed, and should not mention any new matter. The prisoner, on this permission being granted him, addressed himself to the jury, and was endeavouring to explain the inconfittency that seemed in his account of getting the purse, and its being found in the box ; when the judge told the jury, what he had spoken to them was nothing to the purpose, The jury then retired together, and, after some minutes confideration, pronounced the prisoner GUILTY. He beard the melancholy words with the utmost composure,

The prisoner had much the air and appearance 'of a gentle man. We understand that his grandfather is a gentleman of Joool. a year in the county of Corke, in Ireland ; and that the prisoner's elder brother, their father being dead, is his heir : that he has two uncles, each of whom poffefles landed estates to the amount of more than 1000l. a year; and that they and the prisoner's brother, a most amiable young gentleman, are all three in the commission of the peace for the county of Corke.

Gaming, it is said, was what drove this unbappy young man to tbofe courses which have brought him into his prescat melancholy fituacion, and involved, in disgrace and distress of mird, a most respectable family.

He acted, throughout the whole of his trial, with a manliness and decency of behaviour, that must have made every min who saw him, regret his unhappy fate. He is rather tall, and of a very genteel figure, with a tolerable handsome countenang.


OLD BAILEY, on Friday, July 25, 1783, for MURDER.
T HIS day was tried at the Old Bailey, Emanuel Pion

and Antonio De Cofta, for the murder of William Adair, an English säilor. A variety of witnesses were produced, the substance of whose evidence was as follows :-That the two pr..


foners, on a Tuesday evening, some time ago, had come into a public-house near East Smithfield, where the deceased was drinking : that the deceased, on their fitting down in the taproom, addressed himself to one of the prisoners, Antonio De Costa, in a very civil manner, but in return received from him a very rude answer : that on this, several Portuguese, who were present, interfered, and told the deceased, that if De Costa had not been drunk, he was of a very peaceable disposition, and that no man was less inclined to be quarrelsome, and therefore ad. vised the deceased to go away, and not mind him : that the deceased accordingly followed their advice, and was leaving the house, when De Cofta porsued him to the door, and struck him: that on this a battle ensued between them, when the deceased knocked down De Costa, and dragged him several paces across the street, and beat him and kicked him so severely, that he moaned very much : that De Costa finding himself worsted, declined fighting any more, and the deceased walked away : that the prisoners, after this, held some conversation in their own language, and immediately followed the deceased, together with another Portuguese : that, on coming up with him, the prisoner, Emanuel Pinto, asked him how he dared to strike De Cofta, and where was his hat? That the deceased replied, he knew nothing of his hat, for he had lof his own : that Emanuel Pinto, without any further provocation from the deceafed, after calling him a thief and a rogue, gave him several stabs about the groin with a knife, which he concealed under the fleeve of his coat, in such a way, that the point only of it could be perceived : that all the Portuguese seemed armed with knives or daggers; and that De Cofta had one, which he ftrove to conceal under a woman's apron, who was standing by ; but that he neither attempted to ftab the deceased, or to give him a blow of any kind : that the deceased, on this, retired to his own house, which was in the neighbourhood, and directly sent for a furgeon, as he confidered himself mortally wounded : that the furgeon, when he came, found the inteftines of the deceased hanging out of his belly several inches, and that they were al most cut through : that he dressed the wounds, and sewed them up as well as he could, and went away : that however, on a second visit the next day, the deceased appeared much worse, and on the evening died : chat, previous to his death, his deposition had been taken by a justice relative to the matter, the prisoners being at the same time brought before bim : that in this depofition he charged Emanuel Pinto only with his death : that besides, in a discourse which one of the evidences had with him, he declared De Cofta had fought him fairly ; that he never at


tempted to ftab him, and that he would be sorry that he should suffer ; but that Emanuel Pinto was the man who occafioned his death.

The prisoners, after the above evidence had been gone thro' called two witnesses to their characters; both of whom bore testimony to the quiet and peaceable disposition of De Cofta, and also of Emanuel Pinto ; but, of the latter, they coniefied that they had no great know edge. .

Judge Baller, as soon as he had summed up the evidence, ob served to the jury, that it was very clear that che decease. received the wounds which caused his death from Emanuel Pinto, who originally had no words or quarrel whatever with him ; but when the battle between De Colla and the deceased was over, in the most unprovoked manner stabbed him with a weapon which he had conccaled ; and therefore, if they credited the testimonies of the witnesses, there could be little doubt cater. tained of his being guilty of the crime he food charged with. With regard to the other prisoner, De Costa, his lordship remarked, his case was widely different, and deserved their sericas attention ; for, from the beginning of the affair, until the fight between him and the deceased was over, there did not appear any thing except a fair battle between boih parties. But thea the jury will observe, that the prisoners conversed together in their own language ; the consequence of which was, that they pursued the deceased with knives or daggers, which they endeavoured to conceal ; and although De Costa did not frike or ftab the deceased, yet, if they were convinced in their consciences that he went with a design to do it, they must find him guilty as an acccffary, being equally criminal with the other. However, there were many circumstances in favour of De Cofii. The deceased had declared he was innocent of his death ; that he did not ftab bim ; and that he should be very sorry that he should suffer, as he had fought him fairly.–And here, his lord. fhip said, he could not but admire the generofity and heroism of an English failor, that could forgive a man, who, though 200 the cause of his death, was yet confestedly the first promoter ct the quarrel. There was another matter, his lorship faid, the jury should attend 10, which was, the good character De Cofa bore.

The jury then retired, and, after a ftay of about ten minates, returned with their verdie ; which was, that Emanuel Pinto was GUILTY, and Antonio De Costa NoT 'GUILTY, Seotence was then passed on the former, and he was ordered for execution on the Monday following.


[ocr errors]
« ElőzőTovább »