The Sun.
London, England, 1865-04-13 00:00:00

CENTRAL CRIMINAL COURT—This day.

(Before Mr. Baron Channell and Mr. Justice Smith.)
PELIZZIONI'S CASE.-" THE SAFFRON-HILL MURDER."
The trial of Pelizzioni was continued after we went to
press yesterday, and, as stated in our later edition, was
adjourned until this morning.
John Liddell, a French polisher, who was in the house
at the time of the fracas, said he saw the prisoner strike
Harrington, who then fell.

The witness was subjected to a rigorous cross-examina-
tion, and although he gave his evidence in a somewhat
singular manner, which induced the judge several times
to threaten him with a committal, he persisted in the
accuracy of his original statement.
Another witness, named Stanley, who was in the house
at the time, said that Harrington made a grip at the pri-
soner, who then stabbed him. The witness said he struck
Pelizzioni on the head, otherwise he should have been
stabbed himself.

A person named Bannister, who was also in the house,
gave evidence confirmatory of that of Stanley. He said
that he was standing between Harrington and • Rebbeck
when he was cut on the knuckle with a knife. The prisoner
was near. Witness had lost the use of his finger. •

Some other evidence having been given the trial was
adjourned.

This morning evidence for the prosecution was continued
Police Sergeant Baldock said that, on the 26th of De-
cember, the prisoner was charged at the Clerkenwell stat-
tion with stabbing a man. He told him he must detain
him, because, if the man died, he would be charged with
wilful murder. The prisoner's right hand was covered
with blood, and witness made a remark to him on the sub-
ject. He said, "I have only protected myself." On search-
ing him, witness found in his pocket a bone-handled knife,
which had not been used that day. On the following day,
having heard of the death of Michael Harrington, witness
informed the prisonerthat he was charged withwilful mur-
der. Ho said, "I never used a knife." (The witness was
not cross-examined.)
Eliza Harriet
.Shaw, the wife of the landlord of the
Golden Anchor, in which the fracas occurred, said that
between six and seven o'clock on the evening of the 26th
of Deceniber shawas serving in the bar, and was very busy.
She saw Gregorio there, but she did not see him come in.
Gregorio slapped her husband's face, after which he went
into the tap-room._ Her husband went to call the police,
witness remaining in the bar. About ton minutes before
that she saw Harrington in the tap-room. After her hus-
band's face was slapped Gregorio took hold of Harrington,
who was drawn away by some one into the bagatelle-
room. Some one gave her two billycock hats, which she
threw over the bar to Gregorio and his brother John.

Cross-examined by Sergeant, Ballantine—Gregorio and
brother took the hats away. Gregorio had said, "Give me
my hat," or something of that sort.

Police-sergeant Potter said, on the 26th of December he
conveyed the prisoner to St. Bartholomew's Hospital, where
Harrington was lying in bed. He took the prisoner and
about a dozen other persons to Harrington's bedside. Wit-
ness told Harrington that he had heard from the doctor
that he had but a short time to live. He made a sign and
went off into a doze. Witness cautioned him, and he then
said, "If lam to die, God have mercy on me." Witness
then asked him to look round the bed and see if there was
anybody there he knew,and to point out where he was hurt.
He said, "In my belly." On looking round the bed,
he pointed to Pelizzioni, and said, "That's the
man that did it, him with the black moustache,
God have mercy on him," or " God forgive him."
He refused to sign a paper that had been written out, and
repeated several times " God have mercy upon him." Wit-
ness asked the prisoner whether he understood what was
said, and he replied, " I do not understand English well."
He told the prisoner that Harrington had said he was the
man who had done it, but he said nothing. The paper
alluded to was shown to the magistrate at the police court,
but the magistrate would not receive it as evidence as the
officers and doctor who had heard Harrington's statement
were present. The paper was left in the police court, and
could not now be found. Afterwards witness went to the
bedside of Rebbeck at the Royal Free Hospital, the prisoner
being with him. Ile had been informed that Rebbeck was
dying, and Dr. Hill confirmed the statement. A sergeant
of the police had taken down a statement from Rebbeck,
which was read over in the presence of the prisoner.
(From the paper which was read by the clerk of the
court it appeared that Rebbeck stated Pelizzioni stabbed
him.)
Baldock was recalled and Sergeant Ballantine elicited
from him that he wrote the paper at Rebbeck's bedside,
while the prisoner Pelizzioni was present, thus contradict-
ing Potter, who had stated that the sergeant had writen it
before Pelilzzion's arrival. He said, in answer, to the
foreman of the jury, that he was occupied about a quarter
of an hour in taking the statement.
Potter, who had been out of court, was recalled—Di-
rectly he heard from Dr. Hill that Rebbeck was in danger,
he sent for Pelizzioni. He had not seen the written state-
ment. In answer to Sergeant Ballantine, he stated that
Pelizzioni did not say a word, or utter any ejaculation when
he was told what Rebbeck had said, but the learned counsel
read from the examination at the Police-court, where Potter
swore that when Pelizzioni heard of Rebbeck's statement,
he exclaimed "Oh 1" He explained the contradiction by
saying that he had forgotten the circumstance.
Mr. Sergeant Ballantine—Did you speak of either of the
knives at the inquest ?
Witness—l don't think I did.
Sergeant Ballantine—Don't you know you did ?
Witness—l don't think I did.

Sergeant Ballantine—Had you, when Pelizzioni was first
tried, heard that the buckhorn-handle knife belonged to
Mogni ?
Witness—Yes, I heard it belonged to John Mogul.
Ile-examined—l had nothing to do with the production
or the non-production of the two knives at the trial. When
I came into the witness-box I saw them both lying on the
table.

Mr. Giffard—Did you ever conceal anything about the
finding of the two knives?
Witness—No, never.
Mr. Giffard—Did you hear that two hats had been lost ?
Witness—Yes.
Sergeant Ballantine—Did you mention that fact at the
trial ?

Witness—No.
Sergeant Ba.llantine—Didn't you make any inquiry
about them of Mrs. Shaw, the landlady ?
Witness—No.
Mr. Giffard—Did you think there was anything import-
ant about the loss of the two hats at the first trial.
Witness—No.
Police-constable Fawell was next called.

Sergeant Ballantine—On the 27th of December, you
swore before the magistrate that you saw Alfred Rebbeck
following the prisoner into the bagatelle-room. Is that
true ?

Witness—That is not correct.
Sergeant Ballantine—Then how came you to swear it ?
Witness—The depositions were read over to me before I
signed it, but it was not read as you have done it.
Sergeant Ballantine—You signed it, you know. That's
your signature, is it not ?
Witness—Yes.

Sergeant Ballantine--Who told you it was the prisoner ?
Witness--Rebbeck told me he had been stabbed, and I
supposed that led me to say so. I know when I got into
the bagatelle room the prisoner was the only Italian there.
I saw the prisoner taken off the body of Harrington. I
knew there was another man standing in the passage as I
went in. I don't know what became of him.'
Mr. Justice Smith—Did you see Rebbeck go into the
•bagatelle room ?

Witness—NO, I did not.
Mr. Hill, the surgeon at the Royal Free Hospital, said
Rebbeck was brought to the institution suffering from a
punctured wound in the side, half an inch in length and
three inches deep. There was no other wound causing
the blood to flow. There was no portion of the weapon
which inflicted the injury left in the wound. The knife
produced would inflict the injury.
By Sergeant Ballantine—lf the persons had been face to
face, I should imagine the wound to have been inflicted
with the left hand. Rebbeck when he was brought in
smelt as if he had been drinking spirits. Ho was not
drunk.
This closed the case for the prosecution.

Sergeant Ballantine proceeded to address the jury for
the defence. He
to
odwpealstt utls, priaonthe great importance of the
inquiry,owing
and upon the fact that the
prisoner was under sentence of death. The police,
he contended, had commenced with a blunder,
and that sooner than admit the blunder suppressed
matter, which was of the greatest importance to the pre-
sent inquiry. He should endeavour to lay before them what
he considered the admitted facts on which the jury would
have to decide. It was conceded by the prosecution—
and that would be the first matter for consideration—for
upon it the entire case for the prosecution was founded—
that the act was committed, if it was committed by
Pellizzioni, was committed by him when he was down
in the bagatelle room. If he succeeded in breaking the
groundwork and point of the prosecution that Pelizzioni
was the only Italian in the room, he should destroy the
whole case for the prosecution, for it was obvious that the
other circumstances of the prosecution were of secondary
importance.
[We shall continue the cam in our late edition.]
THIRD COURT.
(Before the Recorder.)
TILE CITY BURGLARIES.

This morning Wilkinson, alias Carotty Fred, Brown,
alias Scotty, Jeffrey, and Brewerton, were indicted for a
burglary at Messrs. Bennoc's, warehousemen, in Wood-
street, Cheapside.
At the close of the evidence for the prosecution the
Recorder said there was no evidence against Brewerton,
and he was acquitted upon that indictment.
The learned counsel engaged for the prisoners addressed
the jury, who found then guilty, and sentence was deferred.

NEW COURT.
HIGHWAY ROBBERY.

John Walters was indicted for highway robbery from a
boy in Oxford-street, and found guilty.
The learned Judge sentenced him to 14 years' penal
servitude.