The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-07-27 00:00:00

LIVERPOOL MIDSUMMER SESSIONS

These sessions commenced in the court-house yesterday,
before the recorder,. James Clarke, Esq.
The following gentlemen were swain on the grand jury :
WILLIAM BATTERFIELD COLTON, Esq., Oldhall-street,

wine merchant, foreman.
George Batley, Everton Terrace, broker.
Ellis Martin Brodie, Huskisson-street, merchant.
George Bolton, Upper Parliament-street, broker.
William Wilkin Bulley, Exchange Chambers, merchant.
George Booth, Brunswick-street, corn-merchant.
Wareham Jennett Brown, Exchange Alley, North, merchant.
Edward Challoner, Queen's Dock, Timber merchant.
John Coward, Edge-hill, cotton-broker.
Thomas Challoner, Parliament-street, ship-broker.
Nicholas Crook, Brunswick-street, merchant.
John Dutton, Exchange Buildings, broker.
John Davidson. Exchange-street East, merchant.
John Deakin, Hurst-street, coal-merchant.
James Harding Wrigley, Exchange-court North, broker.
Cholmondeley Woodward, Fenwick-street, merchant.
Henry Whittaker, Rumford. street, merchant.
Christopher Bentham, Derby-square, merchant.
Roger Waterhouse, Oldhall-street, broker.
The royal proclamation against vice, profaneness, and im-
morality having been read,
The RECORDER proceeded to deliver his charge to the
Grand Jury. He said that having read with some attention
the various depositions in all the cases which would come
before them, he was happy to be able to say, that be did not
think any of them would give them much embarrassment.
If they saw there were fair and reasonable grounds for send-
ing a case before another jury, they would of course be jus-
tified in finding the bill; on the other hand if they did not
see those fair and reasonable grounds they would cut the bill.
He had no further observation to make upon the calendar,
and as their time was very valuable, he would not detain
them longer.

The CLERK of the PEACE then. called the traverse jury.
There was only one case of an excuse being applied for, and
it was granted on the ground of deafness. Only one jury-
man was absent, Mr. Robert Dentist, butcher, of me-
street. ' The clerk of the peace said the fine upon that gen-
tleman would not be fixed at present, but he would be liable
to a fresh fine every time he was called and did not answer.
If he had any " friend in court," it would be well therefore
to apprize him of this circumstance.
The trials commenced shortly after eleven o'clock, but the
cases which occurred during the day,
were perfectly unin-
teresting.

The calendar is very heavy. It comprises the names of
121 prisoners for trial, on charges of felony, and 36 for mis-
demeanours and assaults—total 157. Of this number only
6 are able to read and write well ; 24 can read imperfectly ;
77 can read and write imperfectly, whilst the very large pro-
portion of 50 can neither read nor write.

DREADFUL DEATH OF AN ITALIAN BY
BURNING.
EXTRAORDINARY CASE.

VERDICT OF " WILFUL MURDER" AGAINST THE PERP

TRATOR, ALSO AN ITALIAN

On the morning of the 13th of the present month, an Ita-
lian organist, named Girolomo Cappella, who had previously
had a quarrel with a young man of the same vocation, of the
name of Antonio Toscani, with whom both lodged (sleeping
together) in the house of Luigo Ginachio (all Italians), in a
court out of Addison-street, in this town, did, at an early
hour, without any immediate difference or provocation, so
severely scald Toscani with hot porridge, while he lay naked
in bed, that, after enduring excruciating torments, he died
yesterday in the Infirmary.

An inquest was consequently held yesterday, on view of
the body, before P. F. Curry, Esq., coroner, and the follow-
ing evidence, and deposition of the dying man, adduced, dis-
closing a case of revenge and cold-blooded cruelty, than
which we do not remember one more extraordinary in the
annals of crime which we have had the pain to peruse :

Louigi Ginochio being sworn, said, 1 am a native of Genoa,
but have resided in this country, backwards and forwards,
for about 15 years. 1 am a painter by trade, and keep a
lodging-house in Thurlow-street. I know the deceased,
whose name was Antonio Toscani. He lodged in our house,
and had done so for about two years. He was a musician.
I know the prisoner also. He has lodged in my house for
about four years. He went by the name of Girolitno Capello.
The deceased and the prisoner used to sleep in the same bed.
There was another bed in the same room. A fortnight to-
day the deceased came home between 9 and 10 o'clock at
night. He was sober. The prisoner was in the house when
the deceased came in ; but I cannot positively swear which
was the first to come home. There were two or three other
men there, who also lodged in my house. Between 11 and
12 o'clock same night, as near as I can remember, deceased
went up stairs to bed : to the best of my belief the prisoner
went previously. I was the last up in the house. I went to
bed about one o'clock in the morning. Two other lodgers,
a man and his wife, slept in the same room where the de-
ceased and the prisoner slept. Their bed-room was on the
second or top story, and I slept in the parlour on the ground
floor. Between 3 and 4 o'clock, same morning, I heard a
great scream upstairs, and I heard some person exclaim, in
Italian, "I am burned, I am burned." I jumped up, and
thought at first that the house was on fire, and saw the pri-
soner run down into the kitchen like shot. I went after him,
to see if he was on fire. I saw no fire there, and then ran
up stairs, to see if there was any fire there. On my way
up I met the deceased coming down stairs. I should
observe that it was daylight at the time. The deceased was
covered over face and body with a kind of thin porridge. He
exclaimed in Italian, " I inn scalded to death.' I asked him
wao had done it, he said the prisoner, calling him Capello,
had done it. I took a towel and wiped the stuff off him as
well as I could, and I put him into another bed. I then
went and fetched a doctor. I had previously gone into the
kitchen, but the prisoner had gone out ; there is a door com-
municating with the kitchen to the street. The deceased
was taken the same day to the Infirmary ; he was badly
scalded all over his face and the front of his body ; I went
there frequently to see him, we talked of what had happened,
and he told me all the circumstances. The deceased said he
remembered he had been in bed with prisoner, and that the
prisoner had thrown hot porridge over him; he often told me
so : Thursday was the last da3 he told me so ; he always said
he was sure to die, and was sure he would not recover. Before
I went to bed on the morning in question, I made up the
fire in the kitchen, just ready for burning in the morning;
and I found the fire when I first went in, in the same state,
but newly made up. The fire appeared as if it had been
stirred up, and again made up in the mean time. When I
went into the kitchen, after fetching the doctor (I found an
iron porridge pot, which had contained meal and water, by
the side of the fire. When I went to bed, that pot was
amongst the other pots in the scullery, I had washed it my-
self, and put it there. There was no fire in any other part
of the house but the kitchen. I went into the room where
the deceased had slept, and saw his bed all covered over
with porridge. The porridge was not quite cold in the pot,
About three months ago the deceased and prisoner had a
quarrel about money. The prisoners travelled together as
musicsans. Latterly they appeared to be good friends, and
they had no words that I know of, before going to bed on the
night in question. My wife followed me into the deceased's
bed room, and we found a bucket at the foot of the bed,
which had also contained porridge. The usual place for the
bucket was down stairs, and how it got above I cannot tell.
The same morning the deceased was scalded, a dagger was
found on the stairs, but I do not know who it belonged to.
I am quite sure that I found the fire in the kitchen in the
same state, but it had been made up afresh.
Dominic Basini said :—I am a musician. I have lived in
the town at the house of the last witness, off and on for
about eighteen months. I know the deceased and the pri-
soner. They both lodged in the house. My wife and I slept
in the same room as they did. There are two beds in the
room. On the night in question, about eleven o'clock, we
went to bed. The prisoner had gone to bed, a short time
before, and spoke to him and he answered me. I went to
bed. In a few minutes after the deceased came and went to
bed. I fell asleep. I heard a voice soon after and got up.
The deceased had gone down stairs. There was a great deal
of meal and water and grease on his bed. The door of the
bedroom was open. 1 went and shut the door, as I thought
one of the men was out, and had gone after the other and
might return. I heard a great noise on the stairs, and some
one screaming. I dressed myself, and in a few minutes went
down stairs. I went into the kitchen. I found the first
witness and another man there. I did not see the prisoner
there. The deceased was there, and the master of the house
was wiping him with a cloth. The deceased said that man
(meaning the prisoner Capello), had scalded him. The pri-
soner, when I saw him in bed with the deceased, was under
the clothes, but I cannot tell whether he was dressed or un-
dressed. I never knew the prisoner and the deceased to
quarrel while I was in the house.
Mary Ann Basini, wife of the last witness, corroborated
his evidence : she added, " I was wakened by hearing the
deceased screaming out, as he ran down stairs, and crying
that Capello (the prisoner) had burned him. This was said
in Italian. There was no one in the other bed. I woke my
husband. I have not seen the prisoner since until Saturday
last. I saw the deceased down stairs on the morning in
question. His face was scalded very much on one side. On
the Sunday before this happened, I beard the prisoner and
the deceased have a few words. I do not speak Italian my-
self, but when I went down stairs, I asked the meaning of
what I heard the deceased say when he was on the stairs.
When the deceased and the prisoner had the few words on
the Sunday, they did not appear to be either very angry or
very friendly. - . .

VirsiWlt;ess recalled—When I saw the prisoner run down
stairs, he had his clothes on, but no hat on. I found his
hat afterwards on the table in the kitchen. When I met the
deceased coming down stairs he was undressed. I took the
prisoner into custody. He never came back to our house
from the time the deceased was scalded until 1 took him last
week at Edgehill. The same morning the deceased was
scalded I gave information to the police. The deceased was
32 years old. The prisoner used to keep his organ in my
house, except when he left it elsewhere to be tuned or re-
paired.
Carlo Rabioti, musician, said—l lived at No. 9, Priscilla-
place, Addison-street. I knew the prisoner. This day two
weeks, at 10 o'clock at nignt, the prisoner came and brought
his piano with him. I asked him if he brought it to be re-
paired. He said no, there is nothing the matter with it, but
I will leave it for the night; I am going off very early in the
morning and will call for it. About four in the morning he
came to my house. He asked me If I had a hat to lend him,
as a blackguard in the night had taken his away. I lent him
a hat. He took his organ and said—" I may come back to-
morrow night or the next day. He never left it there be-
fore, unless it wanted repairing. I have not seen him since
till now.

Morris Mathew George Dowling, Esq., barrister and
commissioner of police, said—l understand the Italian lan-
guage. On the 17th instant I accompanied Mr. Rushton,
the stipendiary magistrate, to the Infirmary. I saw the de-
ceased in bed there. He appeared to be in great pain, and
was perfectly sensible. The deposition in my writing which
I now produce was taken in the presence of the deceased ; it
was read over and explained to him and he seemed perfectly
to understand it. He .made his mark to it, and was then
sworn to the truth of it before Mr. Rushton.

Mr. Thomas Brandreth, House Surgeon of the Infirmary,
said the deceased was brought there on the 13th instant. He
was severely scalded on the face, neck, breast, arms, abdo-
man, and thighs. Every attention was paid to him. He
died yesterday about three o'clock. 1 was present when the
deposition of the deceased was taken. Deceased was then
under the impression that he was dying.
Joseph Liardi said 1 am a teacher of languages, in Scarlet-
street, Mansfield-street. I was acqualnted with the de-
ceased. I saw him several times at the Infirmary. He told
me he had been scalded alive all over with porridge by Ca-
pello. He said that he was in bed with his face towards the
wall, when Capello came and stripped off the blankets, and
when lie (deceased) asked him what he was going to do, Ca-
pello threw a hot bucket of porridge over him ; that he
jumped up and ran after him and saw a dagger in his (Ca-
pello's) hand. About a fortnight before deceased was scalded
I met him in Bedford-street;' and he then, in course of con-
versation, said that he was ruined on account of Capello de-
clining to fulfil a bargain that had been made between them,
relative to a partnership in musical instruments. When the
deceased made this statement to me in the Infimary he was
under the impression: that he was dying. He said he had
reconciled himself to death, and knew he could not recover.
The voluntary examination of the prisoner, taken by means
of the last witness, who was duly sworn to interpret truly,
&c., and after being cautioned as is usual in such cases :
The deceased was indebted to me £l2, which I had lent in
several sums. On Sunday, the 11th instant, I asked the de-
ceased when he meant to pay. I told him I would make
him a present of £2 if he would pay the £lO by Gd. and Is.
at a time. He answered me that there had been one put into
the burial ground to-day (alluding to a funeral they had been
attending), and that there would soon be another. I said
nothing to him, but I went away.
The Coroner's clerk then read the following declaration,
a deposition of the deceased, taken on Saturday week.
Antonio Toscano, by his interpreter, M. M. G. Dowling,
says,--I lodged at the house of Luigi Ginochio, in Circus-
street. A man of the name of Giralomo Capello lodged at
the same house, and slept in the same bed with me. On
Monday night, the 12th instant, I went to bed about eleven
o'clock. Capello was at that time in the room below. I
fell asleep, and was awoke by Capella coming to bed. I did
not see him. but felt something about the clothes. I fell
asleep, and Capello must have got up. I did not see or hear
him get up. About three o'clock in the morning, the first
thing I felt was hot water thrown over me. I made a start,
and followed the man, who was in his shirt. I followed him
down stairs into the parlour. I felt as if I was dying, and
could go no further. As 1 was pursuing him, I saw him
throw a knife or dagger from him. I had a stick which I
had taken from the side of my bed when I followed him. I
ani quite sure it was Capello that I saw. I said to him, as
I was running after him, " What ! have you murdered me in
this way for nothing ?" He made no reply. I had a dis-
pute with Capello about money, There was no other person
in the room except Capello. I was very much scalded, and
brought to the Infirmary the same day, where I am now
lying. his
Antonio k Toscano.
mark.

Sworn at the Infirmary, in Liverpool, this 17th day of
July, 1841, before me, (signed) EDWARD RUSHTON.
The Coroner in his address to the jury, dwelt on the ex-
traordinary facts of the case, noticing a discrepance in the
evidence, as it related to the dress of the prisoner when he
escaped from the house, and explaining the difference be-
tween the crimes of manslaughter and wilful murder.
The jury, after consulting for about ten minutes, returned
a verdict of " wilful murder," against the prisoner, Giro-
loma Cuppella, and he was accordingly committed for trial
at the approaching assizes. The verdict was communicated
to the prisoner by the interpreter. lie did not appear to be
in the slightest degree affected by the announcement—pro-
bably from not fully understanding the awful situation in
which he was placed.

The prisoner is a young man of about 26 to 28 years of age,
and of an appearance by no means prepossessing, or indica-
tive of intellectual acuteness. He is of rather slender make,
with bluff boyish features, and (unlike the mass of his coun-
trymen, with light eyes and lightish-coloured hair. The
upper part of the head rises considerably from the eyes and
ears upwards, approaching to the form of a cone. There is,
however, nothing ferocious in his look, and as we are no dab-
blers in the somewhat dangerous science of phrenology, we
supply these particulars merely to gratify public curiosity,
and by no means with a view to prejudice his case at his ap-
proaching trial. The deceased is represented to us as being
a fine-looking man of fine proportions, and extraordinary
athletic powers.

THE MERCURY FABRICATION.

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Sta.„—You will oblige me by inserting the following letter,
a copy of which was forwarded to the editor of the Liverpool
Mercary on Thursday last, I fear too late for insertion in
their Friday's number. As no mention was made of it in
their notices to correspondents, and as that paper contained.
a repetition of the charge against Young Sampson, I think
it right to give the public, as soon as possible, what I believe
to be the correct version of the story. Your's very truly,
Ju/.1, 26, 1841. NV. FALLOON.
TO THE EDITOR OF THE LIVERPOOL MERCURY.

SIR,—My attention has been directed to an article in your
paper of Friday, the 16th ultimo, in reference to an outrage
committed on the windows of your establishment, in Lord-
street, on the day of the election, in which, " on the autho-
rity of a pupil of St. Jude's school," you charge a young
man, named Samson. with being " one of the rabble who
broke the windows;" and you also comment severely on the
assertion of the Liverpool Standard, which states that the
said young man " took no part whatever in the outbreak of
the children." Having ministerial connection with the
young person in question, he being an assistant in St. Jude's
school, and having no sympathy with any person, of what-
ever party, who would commit such an act, I felt it my duty
to make immediate inquiries from Mr. Samson as to the
truth or untruth of the statement. Accordingly I wrote to
bur! in Chester. where he has been for some days past, reco-
vering from dangerous wounds received on the day of the
election, and his reply came to hand yesterday. I charged
him solemnly to tell the truth, whatever consequences it
mightinvolve, and I cannot do better than give you his own
words, which I copy verbatim, and will, moreover, inclose
the extract. Mr. Samson says—" I read the statement in
the Mercury to which you allude, and can contradict the fact
of having either act or part in breaking the windows. I was
in Lord-street about a quarter past four on the day of elec-
tion, and saw a party of youths break the windows. I looked
up and laughed, but so far from taking any part in the trans-
action, felt sorry that they should break the windows where
there were many people with red favours. I think I can
bring evidence to prove what I assert."

This, you will acknowledge, is at least candid ; and, when
you take into account the extreme difficulty of identifying as
to act, in the confusion consequent on such an occasion, you
will, I trust, be ready to admit that your young informant
may have been mistaken, and that, as you have propagated,
concerning Mr. Samson, an assertion which, if true, would
redound infinitely to his disgrace, you will be equally willing
now, for his credit and character's sake, to publish this letter,
and confess the possibility of an error. The veracity of Mr.
Samson's penned statement is surely as likely (to say no
more) as the assertion of a youth of 12 or 13, on the day of
an election, full of bustle and excitement. Your's, &c.,
WILLIAM FALLOON,
Curate of St. Jude's.

July 22, 1841

THE PAVILION.

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Sin,—Having observed in some of the public prinjsavery
absurd paragraph, in reference to the temporary buildings
which we have recently erected for the Agricultural Society,
wherein it is stated that we are " the only parties in this lo-
cality who could undertake structures of such magnitude",
will you permit us to contradict such a mistaken idea ? The
highly respectable firms of Messrs. Foster and Stewart, Mr.
Haigh, and others are equally competent with ourselves, and
had they contracted for the work, would have executed it
quite as well, and as expeditiously as we have done. We
deem it an act of justice to these and other firms to state this
fact, and regret that the author of the paragraph should un-
wittingly compliment us at the expense of gentlemen for
whose character and abilities we have the highest esteem.
Fulsome adulation, however well meant, is as painful to us as
it is, we hope, unnecessary; and the paragraph in question
may be constructed into a slight on other gentlemen, whose
competency, both to design and execute such works, is quite
equal to ours.—We are, sir, your obedient servants,

SAMUEL and JAMES HOLME
Seel-street, July 23, 1841.

---410.---

SHIPMASTERS' ASSOCIATION DINNER

TO THE EDITOR OF THE LIVERPOOL STANDARD,

SlR,—Will you permit me to make use of your columns
to correct a statement made in a paper of Saturday last,
which is penned in a spirit calculated to injure a meritorious
institution, and contains untruth ?

--- -
At the conclusion of the report in the Chronicle of the
Shipmasters' Association dinner, it is stated that " the toasts
of the Queen, Prince Albert, Queen Dowager, and the rest
of the royal family, were drunk in solemn silence, whilst the
members for the borough and other toasts were drunk with
cheers."

I beg to say this is incorrect, as is also the statement of
the numbers present, there having been between ninety and
a hundred instead of "between sixty and seventy." The
healths of her Majesty, and Prince Albert and the rest of
the royal family, were given and received with as much
eulogy, warmth of manner, and cordiality, as I ever witnessed
at any public dinner strictly non• political ; and I believe it
is considered unnecessary, and in fact would be quite mis-
placed, at such meetings, to add " three times three " to
those compliments to royalty. The three or four toasts
which subsequently elicited from the company the compli-
ment of cheers, were the healths of gentlemen intimately
connected with the association, and whose patronage and
influence have largely contributed to its prosperity. It was
therefore perfectly natural and proper that the assembled
members should avail themselves of the opportunity which
their annual dinner presented them, to testify to those dis-
tinguished individuals their estimation of such benefit ; bat
it would have been a neutralization of the distinction, as well
as a most uncalled-for ebullition of loyal feeling, if they had
extended the like compliment to the toasts above mentioned,
however worthy of the honour they may be on fitting occa-
sions.--I remain, sir, your obedient servant,
A MEMBER OF THE ASSOCIATION.

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