202. Anthony de Rosa proceedingsdefend , was indicted for that he, together with William Fullager < no role > , did wilfully murder William Fargues proceedingsvictim , June 11, 1751 . *

The prisoner being a foreigner , he was, at his own request, tried by a jury of half foreigners.

Peter Fargues < no role > . I live at Hoxton; my nephew, William Fargues < no role > , the deceased, came to my house on the 11th of June, supped with me, his father, and brother, and went from my house about 9 or 10 minutes after ten o'clock; he had on a brown coat, and a light colour'd waistcoat ; I know nothing of what money he had about him.

Peter Pargues < no role > . My brother, the deceased, supped with my father, my other brother, and my, at my uncle's, the other evidence, at Hoxton: a little after ten o'clock he took leave of us, to go home by himself to King-street, Guildhall I know he had his watch about him, but don't know what money he had; he had on a mourning coat and a linnen waistcoat, no stick in his hand, or any thing to defend himself.

Emanuel de Rosa < no role > . I am no relation to the prisoner, but have been acquainted with him about three years, in forgeries, in taking other peoples money : He came to me in my lodging near the Maypole in East Smithfield, about nine at night, on a Tuesday; he took me to the top of the Minories, there we found Fullager ; we went all three through Houndsditch, and into Moorfields towards the Barking Dogs; there were many people walking there; the prisoner said he wanted some money that night, and bid us come along and not be afraid of any thing; we went backwards and forwards for about a quarter of an hour, thinking it was too soon to attack any body till about 10 o'clock; then the prisoner said, let us cross over to that road, meaning by the Barking Dogs ; we did, and the Gentleman that was murdered was coming along in the middle of the road alone; the prisoner asked him for his money; he said, gentlemen, I have no money for myself ; then Fullager gave him two or three blows on his head with a stick, which had a piece of iron on it. upon which he turned round, then he struck him on the back part of his head; he did not fall; then the prisoner bid me lay hold on his arm, I did; then the prisoner took a knife out of his own pocket and stabb'd him about the breast and body as fast as he could, 5 or 6 times; at which time Fullager struck him near the ear, he then fell against the pales; Fullager and he searched his pocket, after which the prisoner shewed me eleven shillings and no more; then we went to Tower-hill to the sign of the Nag's head and drank two full pots of beer; they gave me 2 s. and we parted; about ten the next morning he came to my lodgings and bid me take care of myself, for he and Fullager were going down to Chatham: he sometimes lodged in Whitechapel, sometimes on Tower-hill, and sometimes in Hounsditch ; I was taken up on the 26th of last December and committed as a disorderly person to Bridewell, before which, and after, I had no rest day nor night on the account of this murder, I told the keeper I was concerned with the prisoner, and William Fullager < no role > , in it, so I sent for the prisoner; when he came I had him taken up. (He is shew'd a knife the blade about six inches long.) This is the knife with which he stabb'd the man. (The coat and waistcoat produced with holes through e. ch ) Peter Fargues said they were the cloaths his brother had on when murdered. (The knife and holes compared and agreed as well as could be expected.)

Isaac Hendrop < no role > . I live at Hoxton ; on the night the murder was committed I was going home about a quarter after eleven; when I came to the step, in upper Moorfields I heard the guns going off in the Artillery ground, it was a day that the Artillery went out; when I came within about 20 yards of the body, I saw two men standing by it; this was in the Barking Dogs walk I came up to them and said, holloe ! what is the matter? one of them said, I believe a gentleman is here murdered; I found the body in a strange posture lying by the side of the pales, in a deep rutt, partly on one side, with his hat and wig off; I took hold of the hand, it was very warm; I lifted the body up, he seemed as if he would have spoke if he could; I laid him on his back, he was so limp that he would not lie as I laid him, but he fell down again; then these two men said, you had better not meddle with him, you may be brought into bad bread. I said, I was well known there. (These were men going by, I don't suppose they were the men that did him the hurt.) I saw some blood, and could feel a quantity with inside his cloaths. I went to go to the sign of the Two Asles, and met two or three man with a lanthorn; I went back with them to the man in about ten minutes, I then took hold of his hand, and found a great alteration in him; he was then lying almost on one side quite dead, (he had life when I left him) he had on the very same coat and waistcoat produced here, which I saw on him then, and the next morning at the watch-house.

Robert Riman < no role > . I am an undertaker, the deceased was brought to my house; I buried him; when my servant had wash'd the body, I saw one wound under the left pap, and two lower on the right side; a bruise on his head, and a small orifice under his ear done by some small thing, and several brusies on his face.

William Eedes < no role > . I am servant to the last witnesses, I washed the body; Le confirmed the testimony Riman had given.

William Etheringham < no role > . I am fourteen years of age. (He answered well as to the consequence of false swearing, after which he was sworn.) On the eleventh of June I was in Hoxton road, I went for my master Adkerson, who had been among the Artillery company; the moon was up, but it was a sort of a misty night, the moon at that time was in a cloud; as I was going to the Artillery-ground, I saw three men standing together about a hundred yards from where the murder was committed; two of the men were for size like the evidence and the prisoner, but I don't swear to them; they seemed to be going backwards and forwards; when I came back I told my master of these men which I had seen as I was going; that they were sauntring about, they did not seem to go one way or another, I thought they intended no good; my master said keep a look out, we'll take care of ourselves; after my master had turned at the corner, he called out, Jack, Tom, or such like names.

Q. to the accomplice. Did you see such a lad as this, that night?

Accomplice. I did, he was alone.

Gabriel Rosinear < no role > . I am a Surgeon, I examined the body the 13th of June last, when the Coroner sat on it; there were two wounds on the left side of the breast, one penetrated quite into the body; the other not so far, that went against a rib; the deep one I believe must reach the heart and lungs, the breadth was about an inch and a quarter; he had another wound near the pit of the stomach, rather to the right, it went upwards into the body four or five inches; there was a wound on the lower part of the ear, into the neck, seemed to be a very narrow one; I apprehend that might be a mortal one (he is shewed the knife, coat and waistcoat, he observed the wounds in the body seemed to him to be given with the knife; he compared the knife to the cuts on the coat, they fitted exactly; the cuts in the waistcoat were not so big as them in the coat or body: which being linnen would easier give way to the knife knife than the woollen, and after washing close again as not cut.

John Morgan < no role > . I was at the taking the prisoner about seven or eight weeks ago; he endeavoured to get a knife out of his pocket; one Haines, who was with me, took this knife which has been produced from him.

Elizabeth Drakefield < no role > . I have known the prisoner two or three years; and the evidence likewise ; the evidence lodged with me; on a Tuesday night in June last, about candle light I heard somebody ask for the evidence, I went two or three steps down stairs and saw it was the prisoner; they both went out together afterwards; the next morning I heard of this murder, by a woman that lives near the Barking Dogs; the woman below told me the next morning the prisoner came in about twelve o'clock, I was asleep and did not hear him.

Mary Wynn < no role > . In June last I lived at the house of Elizabeth Drakefield < no role > , the evidence lodged there at that time; the prisoner came to ask for him; they went out together, I can't tell the day of the month; but I know I heard an old woman, who sells old cloaths, say the next morning, Lord bless me, what a murder has here been committed last night.

Prisoner's defence.

This is all malice, the evidence wants to take away my life for the reward.

Richard Black < no role > . I live in the Old-Jury, and did in June last; the prisoner lodged at my mother's in Hounsditch, I remember on Sunday night, the 9th of June, I came to my mother's house. I had these cloaths on new made which I have now; when I came away the prisoner gave me a pair of scissars to put a revit in, and desired me to bring them as soon as I could, saying they were for his wife ; I came there on Tuesday the 11th at night, I asked for him; my mother told me he was very ill? I said how long has he been ill, he was not on Sunday; my mother said he was taken till that day; I went up stairs to him; I can't say whether he was in the bed or not, he was upon it; his great coat lay on the bed, and his other cloaths hung on the back of a chair; his hat and wig hung up, and he had a red cap on: I had no conversation with him; giving him the scissars he said he was not very well : and seemed as though he had a cold upon him.

Q. Was he so bad that he could not stand on his legs do you think?

Black. I can't be sure of that, he had taken a sweat that night; I came from my mother's house about a quarter before ten, and left him very ill in bed.

Dorothy Black < no role > . I am mother to the last evidence; the prisoner lodged at my house ever since the February before this, to almost the latter end of July; he is a mighty sober gentleman; my daughter came from Barn-Elmes on Saturday the 8th of June, and staid to the Monday morning; I saw her take water then to go to Hammersmith; on the 11th my son came to ask about his sister's getting home: he asked if Mr. Rose was at home; I said he is above, not well; he eat middelingly that day at dinner, of a little hand of pork; he got a great cold, I gave him a sweat, he was not out that night before 11 o'clock; I went up stairs a little after eleven o'clock; I heard his wife and him talking together, I wished them a good night, and they wished me the same, I had locked up my door myself, my husband was then out of town.

On her cross examination, she said she knew the evidence by sight, he has come to her house several times to the prisoner, between February and June last, and some times they have gone out together; they seemed to be very well acquainted.

James Summers < no role > . I have known the evidence Rose two years and a half; he and I were going out to rob together, he told me he robbed a woman at Tower-hill, and thrown her into the ditch afterwards; when he was brought into Bridewell, I was there, he, I, and two others lay in one room; he said I will speak of this murder, said I if you know any thing of it, now is your time; said he I can bring in one, another person said, if you don't hang two, you hang yourself ; then he asked me whether he could bring in an Englishman, I said yes, if he had a hand in it; then he said I'll bring in Fullager; then he sent for the News-paper and asked what time it was done, the man that kept the tap said, I don't like this man; he talk'd about nothing but the reward.

Elizabeth Dean < no role > . The prisoner lodged at my house once, I never heard any ill character of him.

William Smith < no role > . I have known him a little more than two years, I always took him to be an honest man.

For the Crown.

George Tunks < no role > . I am a sheriff's officer. Last sessions this evidence, Dorothy Black, was waiting here to give evidence for the prisoner (but the trial was put off to this sessions.) She was sitting upon a bench under the stairs in the passage: I sat down by her; we sell into discourse about the prisoner, and had a good deal of conversation about him; she said she could give him a good character, but it was unlucky for him that he happened to be gone down either to Chatham or Gravesend at the time of this murder, for four or five days, and she could not give an account for him.

Q. to D. Black. What say you to this, is it t ruth ?

D. Black. I had no conversation with him at all, only a little discourse and talking. Guilty Death .

Dorothy Black < no role > and her son were taken into custody to be tried for perjury.