The Sun.
London, England, 1810-09-22 00:00:00

THIRD DAY.-FRIDAY, SEPT. 21.

• " MURDER.
Emanuel Josephs,. a Portuguese. seaman, was in=
ditited for the wilful murder of Jotin Jones,.a
seaman, and a native of Wales.
Mr. GURNEY opened the prosecution, and stated
the case.
Peter Jacobi, a Danish seaman, deposed, that lie
and the deceased lodged together at the sign of the
'Red Lion, Wapping. On the evening of the e4th
of August they went out to take a walk in Great
Hertuttage•street; the witness was walking before
the deceased ; some Portuguese seamen were behind
them ; they- comtnenced throwing stones, one .of
which struck the witness, which made,him turn
round, when he heard the deceased say he was stab-
bed; the deceased was fighting with another man at
the time that he 'said he was stabbed, pointing-to-
wart's the prisoner..
Susannah Porter deposed, that she lived in
lough-alley; she saw five Portuguese sailors as-
sank the deceased; she was sure the prisoner struck
him. She :heard the deceased call out, that he
st:ibbed with a knife in the belly ; she saw his•
bom els through the incision. , The prisoner at-
tempted to run away, but was followed and brought
back.

John Wren, a Swedish seaman, deposed, that
about eight o'clock in the evening of the 24th of
August, he sisv a number of Portuguese seamen,
amongst whom was the prisoner, tolloWing the de-
ceasms3and theitrst witness: he saw them take stones
from under their jackets, and throw them at the de-
. ceased, who called out, " Give us fair Play ! give mms
English play !" and attack ed oneof the prisoner's par-
ty with a stick ; on which the prisoner drew a knife
from. under his jacket, and stabbed the deceased.
He immediately attempted to escape, but the witness
followed hmimi and secured him. The prisoner threw
the knife away.
John Marks deposed,altat he • heard the cry of
-murder, and saw the prisoner running at full
speed. He stopped him sunlit the last witness utile
Up.
Mr. Rance, surgeon to the, London Hospital, de-
pose,tz that the, deceased was brought to the
,Hospi-
tal oh the night of the 24th of August, and died at
eleven o'clock the night following. He had not a
&alit but he'died of the wound be bad received in'
his side,.
The Rev. Edward Robson deposed, that,he attend-
ed the deceased in the Hospital, in his official Capa-
ciay "of a Magistrate, to take his declaration. He (the
witness) administered An oath to the deceased, who
was perfealy.colleaed, but seemed in much pain.
Time prisoner was. present. He wrote down the de-
, ce4sed'a declaration, which the prisoner seemed per-
fezaly to understand, which made the witness be sur-
prised, on a subsequent. examluation, at the prison-
er's asking for an'interpreter. _ • .
Mr. „Ata.o, Counsel fur the prisoner, objected
to time declaraticin of the deceased being received, as
it was not in conformity with the Act of Parliament,
which set forth, that a Magistrate was authorized
-to take the declaration of 2 dying man; on his being
brought before him , but in the present instance,
the Magistrate went to the deceased.. He also ob-
jeded to it, as it might nut be the dying declara-
tion of the deceased ; for although he died at 11
o'clock that night, there was no evidence to
shew that he was sensible of his dissolution being so
near.
The Court over-ruled these objeaions.
The examination of the deceased was then read;
which stated, that on the evening before, he was
walking with his shipmate ; as he passed by the
end of .Plough-lane, he was assaulted by two men,
one of who en was the prisoner. His assailants were
soon joined _ by. others; they being Portuguese
s.milors,, he was fighting one of them with a stick,
when the prisoner stabbed him in the belly with a
knife ; and he was. certain the prisoner was one of
them that first assaulted him.
Mr. Robson, on his cross-examination' by Mr.
ALLEY, said that the prisoner, after the deceased
hal made his declaration, and it was committed 'to
paper, declined saying"thitig.
This closed the prosecution oh the part of. the,
Crown.
• m -
Tile prisoner, by the assistance of an interpreter,
in his defence %aid, that-he had been fighting with
the deceased .and that the first witness, Peter
Jacobs, was the first person
,that struck him (the
prisoner), and stole his hat.
His• Counsel, Mr: ALLEY, then called the follow-
ing witnesses
John Gill deposed, he. resided in Russell's-build-
ings : that his father-in-law lived in Plough-alley,
nearly .opposite the -house in which the Portuguese
saihrs lodged. • About five o'clock in the evening
he saw a crowd in the. alley, .which made him go
to his father-in-law's house; he saw the deceased
and several other American sailors standing oppos.
"site the Portuguese boarding-house, the door and
windows of which were shut; they addressed them-
selves to the witness, particularly the deceased, and
said they had been very ill used by some Portuguese ,
e the deceased appeared as if he had been
fighting, he had
.a short stick, about two feet lohg,
in his nand. The witness advised them to.go away,
which they did soon after.
On ..his cross-examination by Mr. GURNEY, 'he
tid that he did not know of his own knowledge
that. the Man he bad been speaking of was the de-
ceased, but he had heard he was from others.
Vim. FOtest, grocer, Great Hermitage-street,
deposed, that about half an hour before he beard a
life had ,beeti. lost, he saw the aleceased and several
American sailors go down plough-alley, using much
profane and threatening language against the Por-

.
kuguese. . .
.
On his cross-examination, he said he never saw
the. deceased after he was wounded. ,
Elizabeth Saul, servant to Roderique, who kept
the. Portuguese boarding-house, deposed, that about
Live or six o'clOck in, the, evening_ of the 24th of
August, a rortuguese came into the house, followed
by the deceaied and four of his comrades. " Those

w'ho aecoMpanied the .dec-ea,i•A were perttading
him to go away, but he swore- that he- would not
uu ii sour' of the Portuguese would fight him. Tice
witness begged ot him to leave 'the house, as her
master and mistress were -out ; and it he had any
t: ing to settle, let them go out of (loots and•decide.
The deceased, atter a great deal of peisucision, left
the house, but'shortly returned with eight Aloe-
'lean sailors, and. s'ruck one of the Pintuguese, of
the name of Lopez. He repeated his blow set eras
times, at last Lopez and the other Portuguese
t•uShed the deceased and his comrades out or the
house. The deceased went away muttering violent-
ly. The witness shut, the dour and window-shut-
ters ; soon after, the deceased rout nedagain, ac-
companied by' the sante party, with a pirce of rope
in his hand ; he knocked violently against the door,
and swore he %void.' break the door if the Portu-
guese would not come out and fight It in.- Mr.
601 persuaded them to go-away ; the prisoner had
not been in the house all this time,-he went out
after dinner ; as the decea-el was going away, re-
venge, he said, he was deterined to have ; in a
short time after she heard the cry of murder. , The
prisoner was always in the habit of coming home
and avoiding those quarrels when they took place
between.his countrymen and the,Anfericans, which
Were lattely Very terqUent. •
On hercross-examinatiou she said, she only knew
that the dece4sed was the person who bad been .at_
her master's 'house by hearsay, for she never saw
him rill after he was wounded : he was-a,tall thin
man, marked with the small-pox, and:bad a speck.
on one of his eyes.

Francisco Lopez,-a Portuguese sailor, who gave
his evidence by the assistance of an line' preter, de-
posed that he knew 'the prisoner ; they ludg4l to-.
gether at Roderique's house: the, deceased came
into the room where he (the witness) was,and,
for all the Portuguese to come out to tight,-which
they refused, on which the decea-ed went out. He
corroborated the-testimony of the last witness as to
the return of the deceased and his comcades; and
said that he and the prisoner took a walk to the
London docks ; as they returned home, thedeceased
followed them—he had seven mote will: hint :-
when the prisoner and the witness got to the door
(Roderique's), they could not get in, as the door
was shut ; he saw the deceased strike the prisoner,
on which 'he (the prisoner) ran away. He did
not hear the deceased was stabbed until two hours
alter.

Oa hiscrosS examination, he said, he did not
know only_by beaisay that the deceased was the
same man that struck the prisoner.
M. Justice HEATH summed up the evidence with
his usual perspicuity, and defined to the Jury the
difference betwv.en what constituted murder in the
eyes, of the law, and manslaughter. The Jury re-
tired, and after deliberating an hour, acquitted the
prisoner of the capital offence, but found 11413ga1/1y
GjMavlaughier.—Aged 25.

Tauter of an hour, .1-6Und her Guilty:—Dath ;
but recommended her to mercy on account of her
yorith.
. 'Mrs. Parker begged thetourt vvori'd have mercy
on the unfortunate prisoner—she said her: parents
were honest industrious people. She could hardly
articulate, she was so much aft-Med.

UNNATURAL CRINLE.

A wretch of the name of Georie Rowell was ca
,pitally Witted fur an abominable? offence; but the
capital part not being made out to the sat,stac-tionof
tbe Cow t, this 'monster in human shape was ac-
quitted, but ordered to be detained until tried for
he iniklemeanour. •

Hitchens, the Country Banker, whose swindling
notoriety is generally admitted, and who hits been
for some time in custody on a charge of stealing an
Exchequer Bill, value too!. the particulars of which
(large !are already befure the public, %as tried on
Thursday evening, and caritally c'ouviaed.