The Sun.
London, England, 1852-03-04 00:00:00

OXFORD CIRCLIIT.—Oxford, March 2.

Both the judges sat to-day, at nine o'clock.
Before Mr. Justice Wightman an application was
made yesterday by Mr. Pigott (with him Mr. Huddle-
ston) in the case of Gulielmo Giovanni Bazetti Kalabergo,
the Italian, charged with the murder of his uncle, Gio-
vanni Maria Ferdinando lialabergo, at Williamscott,
near Banbury, to have the trial put off till the next as-
sizes, on the ground that he was a total stranger in this
country, and unable to speak or understand English;
that his mother and sister resided in the north of Italy,
and his brother-in-law was a notary, and he had written
to him to come over to this country, and was in daily ex-
pectation of bis arrival; and that, moreover, in conse-
quence of a paragraph in one of the county papers,
there was such a prejudice excited against him that he
could not Wain a fair trial at the present assiz,s.
Mr. Kt•ating (with him Mr. Crippsjopposed the applica-
tit.ri. Met L. td,h;p took time tilt this morning to con
sidle th, inisitt,
there :vas :.
no titficient ground for the application. The
r, teed at the sitting of the Court said
brother-in•law from Italy could in no way assist theh
prisoner in his defence; and as to the paragraph iu the
newspaper, it was idle to suppose that it could have such
an effect that it would be impossii,le to get twelve impar-
tial end unbia.,ed jurors out of this large counthere__
espe-
cially considering that the prisoner could set aside i p wi'
n y jurors,
torily, and without absigning any cause, twenty Jurors,
and any number on assigning there was aonuyivi*
whatever
cause. It he thought there
for p.itting off the trial he wowualds
round laid, he
such g
The trial
application, but there .bring •
: 6 nsoduty do so'
could not consistently 0 Li-
hi
rning. As the prisoner
was then fixed for to-:narrow hi;
v. i has been arranged, as
is totally ignorant of Englis'-,
course, that every question
the best and most convenient
"ewer should be translated
put to a witness and every ant aatnyongcre accede to the
it is put and given; and
to the prisoner at the moment
wards of forty witnesses,
to be detailed by, it is said, 1 P otolose before Thursday.
• l will n
h Moss, 22, and George
as the evidence is entirely
Mr. Justice w.. IGHTMAN.)
fooreienricurnstantial. and will have
it isG teohri,guegh
Jones, alias
the trial
Lep
lucliew
for
bur.
CROWN COURT—(Before
iiwAs, olio. Charles goK,
a 24, Rene

I VENING, MARL I 1 4,

gloriously entering the house of John Checkley, at
Cornwi,ll, on the night of the 14th October last, and
stealing a silver watch, twelve silver teaspoons, and
other articles, and assaulting him with intent to murder
him.

Mr. Skinner and Mr. Cripps appeared for the prose-
ion; the prisoners were undefended.

The servant girl of the prosecutor stated that her
bedroom was over that of her master and mistress, and
that on the above night she went to bed at ten o'clock,
and during the night was roused by the noise of two
men in her bedroom. Both had shirts over their clothes,
and one (Moss) had his face blackened. One was shorter
than the other. The shorter man had a candle in one
hand and a pistol in the other. She jumped up on seeing
them, but the ono with the candle said, " Down, or I'll
blow your brains out." She at once laid down. and they
threw the clothes over her head. What they afterwards
did in the room she could not see. After they left her
room she heard a noise in Mr. Checkley's room, and
heard Mr. Cbeckley groan several times, and say, "I
am dead;" and heard them threaten to blow out his
brains if he did not lie still, and that money they
wanted and money they would have, and also say,
Here's six volumes for you;" and heard Mr. Checkley
say, "You must shoot me; fur I have no money." Mr.
Checkley called for me while they were there, and one
of them said, " Let her alone. She must not come."
She then heard a consultation between them as to
getting a light, and afterwards o noise of dragging in
her master's room, and heard thf m open the drawers
and cupboard, and ask her mistress for her money.
The shorter man, Moss, came back into her room,
having a candle in his hand, and having thrown on the
shirt over his dress, steel he wanted her money. She
told him there was a sovereign in her box, and 10s. in
her pocket. He searched her box, and then came to
the other side of the bed, and she looked at him, and be
said "Lie down; you are looking at me in order to
transport me." She noticed at the time that ho had on
a pair of check trousers, and it appeared that when he
was afterwards arrested be had such a pair of trousers
on; and these she now swore she believed were such as
he wore that night. It also appeared that when he was
arrested he had in his pocket a peculiar tin case which
was lost that night, and which she identified by its
having been used for a long time to contain pepper, and
which she now swore had still the smell of pepper,

though Moss, who was defending himself, said to-day, in
his cross-examination, it had been used for carrying
whisky since she had lost it. When they left the
house she heard the report of a gun. She then went
down stairs and opened her master's door, which was
tied outside with a handkerchief. She was positive
Moss was the man who came the second time into her
room, and she believed Rock was the other =an.
The prosecutor said he was awoke on the above
night by the cries of the servant, and he got up and
opened his bedroom door. and saw Rock outside. A
scuffle ensued, and Rock struck him on the head, and
knocked him down. The other man was near also, and
struck him also on the head. He got up he did not re-
member bow, and laid hold of the life• preserver which
Rick held in his hand, and Moss cut his fingers with a
large knife which he drew out. He was thrown down
Again, and Rock lay ou him, and M. ss asked Mrs.
Checkley what there was in the corner cupboard? She
said," Tea and sugar." Moss searched, and on tieding
it was, they asked for money. Saw Moss hold towards
him a revolver pistol with six barrels, and heard him
say, " I will blow your old brains out it you do not
give us money," and I said, " Blow away, I have no
money." My mistress gave them her purse with money,
and they gave the purse back. Moss went afterwards to
the maid's room, and called out to Rock, who remained
below, " It's all right?" and afterwards came down.
Before going away they said they would tie me down,
but my mistress said she would hold me down. They
then left the room and fastened it on the outside, and
after they bad gone away the servant came down and
removed the fastenings. The wounds on my head were
so severe that I was for a long time delirious. On the
18th December I went into the gaol and selected these
two men out of a great crowd. I afterwards mistook
another man for Moss. lam quite sure that the pri-
soners are the men, and I often saw Muss at the Parrot
Inn, at Chipping Norton.
The surgeon proved that when he called on the prose-
cutor on tte 15th of October, he found him suffering
from four severe and deep wounds on the head, each
penetrating to the bone. He was in a very exhausted
state, but sensible. Three of the wounds were such as
might hews been inflicted by such a life-preserver as was
round in the pocket of one of the prisoners. The prose-
cutor was occasionally delirious for twelve or 'thirteen
days. This was occasioned by the blows on the head.
His shoulders, arms, and back were one mass of bruises,

such as would be produced by blows and kicks. The
prorecator's life was in imminent danger for many days.
Mcss had been in the surgeon's service three years age.,
as stableman, for twelve months, and witness had nothing
to say against him during that time.
It was further proved that on the evening of the lath
Oct. Rock and Moss came to the Parrot Inn about six
o'clock, and at eight o'clock Moss went away, and Rock
went to bed. Before Moss went away it was arranged
between them that Moss should, come back the next
morning. Moss came the next morning, and they had
breakfast, and they went away ab.)ut nine. A witness
saw in Moss's pocket, before they left, the upper part of
a life-preserver, which she believed was that now pro-
duced.

A witness named Reynolds also proved that on that
morning, about nine o'clock, he met them soon after they
left the Parrot Inn, and saw something like a life•pre-
server in Moss's pocket, and spoke to them, and asked
Jones whether he would be in the town in the evening,
and Jones said he did not know where he would be that
night, and afterwards called beck the witness, and de-
sired him to take no notice of what he had just said.
Another witness proved that he met the prisoners
together on the 16th October, about seventeen miles
from Chipping Norton.
Mr. M'Oroham, the inspector of police at le"ominster,
saw the prisoners on the evening of the sth of November
last at that town. They were in the street, and he, sus-
pecting something wrong, followed them for a time,
thinking they would go into a public house or lodging-
house; but seeing them go out of the town, he went up
and collared Hanks, and Wilted him what he had got in
Ojap: ,ekes.
. Hanks put his back to the wall, and Pair',
"Ia that it?" and Jones stepped back and drew a pistol
'roue under his etnockfrock. The inspector had tie arms
eiettever with bim, and wishing to divert their wren-
, I,n, asked them where was the woman that bad been
with them, They said they ha Ino women with them.
tie said They had, and she inue at their lodging-, and
he .:vent away, saying he would tini her at their !edg-
ing.. flaying thus diverted their attention, he ran back
to the mayor's office, got a gun and pistol, and told the
mayor to send the constables atter him. He then ran on
in the direction in wnieh they had gone, followed by a
constable, and crossed the fields towards a wicket which
ne thought they must pass, in order to intercept them.
As he was crossing the fields he heard two shots, and a
cry, " Davis is shot." Davis was one of the constables.
Smith, the constable.who was with me (said the witness)
ran in the direction of the shots, but I kept on towards
the gate where I knew they must come. As I got to the
gate, Rock came up running, and said, " Guard, stand
off, or shoot yeti," and faced half round, and
snapped a six-barrelled revolver at me. It missed
fire; he then held up another revolver at me
and fired, and I heard something whiz past my head. I
at the same moment fired at him, and hit him in the
thigh, and he fell to the grouud and lay there—but
faced me, and holding out the revolver pistol towards
me, threatened to shoot the first who should touch him.
I moved off to the gate, in order to meet Moss, as he
must come that way, and soon the other constables came
up, and said that Mess also had been taken. I then
went to where Rock lay. He threatened to shoot me,
but I lifted my gun and said I would blow his brains out
if he stirred. He then dropped the pistol. I went up,
disarmed him, and handcuffed and searched him. I
found two revolving pistols with six barrels each. All
were loaded except one barrel, which had the appear-
ance of being recently discharged. I also sound a tin
canister in his pocket, and be had on him tine pair of
cueck trousers which have been produced to-day.
Davis, the other police-officer, proved that when he
came up to Moss he collared him, and Moss fired a re-
volver at him, and the ball hit him on the side of the
head; he then fired again, and the ball went through the
collar of the coat, and glanced off his stock. Davis'.
son then came up and struck Moss down with a stick;
and Smith and the other constable arriving, he was
overpowered and handcuffed. Two revolvers were found
on him, one in each hand, every barrel being loaded, ex-
cept the two which were fired off.
They were found Guilty of burglary with violence.
His LORDSHIP then addressed them, saying that the
offence of which they had been found guilty was one of
the few which were still capital, and a sentence of death
would be recorded. It was true, that, in their case, the
extremity of the sentence would not be carried into

i ffact. Yet if, up to thi3 time, there had been any in-
stance in which luss of life had not actually ensued,
oneanoq
capital punishment had been inflicted,
thoae cases in which the law should be carried
m into
t
„caber
effect. A worse case than theirs he did not
to have heard in a court of justice. The
stances
was used towards the prosecutor, and the i
Tsaihowed the
yricoirlieewn ce that
under which the burglary was committed,
pspoded to
determined, deliberate acts Of
istent with what
commit offences of the most desperatePers character; and
their conduct after it was entirely coos
passed before. Their deg their manner and
petr_aotem,resiste,nce to those
whose duty it was to arrtenit la
e tone and mode in which
demeanour in court, and
n__ses all showed that they
they questioned thev, E " f,
ther anisonsot aetermined and desperate
were characters ofhad said before, the ex-
description. 11°'vfevite law would not be carried into
Creme sentence
must expect to be transported for their
effect, but they
natural lives.sa
then
made
an
application to his Lord-
MrioittilbiN
roottrd CO M.‘erohan, on account, of his ri-aiii-
.‘2l,!,PB, pre,,enCe of mind, and tact, to diverting their at-
tentio , from his real ilaket, by pretending to go to their
lodgings, and his skill and courage in intercepting theta
aor„
o
and also fD '
tied capturing Rock; vs, for the cuurage
he displayed in capturing Moss.
His LoIrDsHIP granted each of them 51.

NORFOLK ClRCUlE—Ayleslury, March 2.
CROWN COURT. (B fore Lard Chief Justice

CAMPBELL.)
The commission for the county of Bucks was opened
yesterday afternoon by Mr. Justice Crompton, who was
met by the High Sheriff, Mr. Scott Murray, of Danes-
field, at the station, and thence escorted to the Town-
ball, which is now connected with the judges' lodging°,
built on the site of the old gaol.
It may be remembered that a few years ago Mr'
Murray relinquished the faith of his ancestors, and wati
received into the Church of Rome at a time when he re-
presented the county. As a conso-quence of this change
the Hon. Gentleman retired from Parliament at the ensu-
ing election. The High Sheriff always appoints a chap-
141D, whose privilege and duty it ha do ACQGD3PPY