Joseph Antonio

221

D Wong on 10th October 2020

Old Bailey: JOSEPH ANTONIO. Killing: murder. 1st February 1836 Reference Number t18360201-485 Verdict Guilty > manslaughter Sentence Transportation JOSEPH ANTONIO was indicted for the wilful murder of John B—Shipley. JAMES SANDERS. I am a seaman. The prisoner was a shipmate of mine on board The President coming from New York—I joined the ship at New York—the carpenter's name was Shipley—I don't know his Christian names—he shipped as carpenter at New York—the prisoner was a seaman on board—they agreed very well on the voyage—there was no quarrelling or wrangling between them—nor did he quarrell with anybody—we arrived in the docks on Saturday, the 2nd of January—I don't know whether the prisoner or Shipley were on shore that day near dark—we went to supper about six o'clock, after clearing the deck up—we supped in the forecastle—most of the crew were there—there was no quarrell before supper—they appeared to agree very well—the carpenter and the prisoner appeared to me to be sober—the prisoner was in the habit of wearing a belt—he had it on at supper—he kept a sheath-knife in the belt—he was in the habit of wearing it there at all times—he used to eat his supper with it—Antonio said he had spent 8s. or 10s. that day—Shipley said, "No, you have not spent so much money"—the prisoner called him a liar—the carpenter then put his hand into his pocket, pulled out 3s. and said he would bet him that that he had not spent the money—not so much as he said he had—Antonio called him a son of a b—of a liar—the carpenter them struck Antonio with his fist on his breast—Antonio returned the blow—they had two or three blows, fair boxing, and then they clenched—the carpenter, as far as I could see, got the better of Antonio—I did not observe much blood on Antonio at that time—there was a little—they were both bloody, either with the blows or scratches—Antonio sang out that the carpenter had hit his finger—that was hardly fair fighting—the carpenter was an American—Antonio said, "Let me up"—he was lying against the bulk head, and the carpenter had hold of him—he had got the better of him—the carpenter said, "Antonio, have you got enough"—Antonio said, "Yes"—the carpenter asked him a second time if he had enough—and he said, "Yes"—and then he let him up—they parted then, and Antonio went on the starboard side, and the carpenter on the larboard—we were all still then for a while, and the carpenter stood up against his bed place leaning upon his hand—they were about ten feet from each other—Antonio stepped up in a hurry, and struck the carpenter again in two or three minutes—he said nothing—the carpenter never returned the blow, and said nothing—he was still leaning on his hand, and his face was in a gore of blood from fighting, and the second blow likewise added to the bleeding—we then all sung out, that there should be no more fighting that night, and Antonio said, "No, there shall be no more fighting"—he went add sat down on his chest, and then he stood up, and said to the carpenter, (flourishing, and throwing his arms about,) that he would either fight him that night, or kill him—he had nothing in his hand then—he went and sat down again on the chest, and we all commenced getting our supper again—Antonio did not eat any thing at all—he had some bread, and a bit of cheese in his hand that night, but I did not see him eat any thing—shortly after, I saw him make a move round the chest, and make a motion with his arm towards the side where he used to wear his knife, and I saw the reflection of the knife beneath the lamp—I sung out, "He has got a knife in his hand," and at that very instant, the carpenter fell down—I saw him stab the carpenter—I saw him plunge the knife close to his body, before I could get to him to prevent him, or give any assistance—when I Sung out that he had a knife in his hand, another man laid hold of him by both arms, and said, "You have stabbed the carpenter"—he said, "No I did not, "and when he was seized, he held his knife up in his right hand, and said, "Take my knife, I will not kill him," and gave the knife up—the carpenter fell the very instant he was stabbed—to the best of my knowledge there was four or five minutes between the last blow he gave the carpenter with his hand, and his stabbing him—Antonio appeared to be in a great passion—he had been in a great deal of passion before, but he seemed to be cool after he had the second blow at him—he appeared in a great passion when he was plunging his arms about—that was after the fight was over, and before he had struck the second blow at him—he did not appear so when he struck the second blow—he went and sat down, and seemed cool. Cross-examined by MR. BODKIN. Q. How large is the place? A. Almost like half a moon—about as large as this table—there are twelve berths in the room—also two uprights, and chests belonging to the men, and a little rigging—there were about ten men in the room—the vessel is about 400 tons burthen—the room is very dark—we always burn a lamp there—there was no room for a table in it—she was an American ship—all the crew were not Americans—there were a good many foreigners—I do not know how many Americans wee in the crew—there were were four or five present at that time—the prisoner is a Portuguese, but speaks very good English—any man on board the ship could understand what he said. Q. Is it considered fair fighting among Americans, to get a man's hand in your mouth, and bite it? A. If a man stuck his finger into another man's mouth, he would give him a nip—it is not fair to keep a man down after he says he has had enough—after he said he had had enough, the carpenter let him go—he asked him twice if he had had enough, and then let him go—Antonio Sang out twice, "Let me up" I was examined before the Coroner, and what I said was read over—I put my mark to it—I told the Coroner that the crew said there should be no more fighting that night—it was read over to me—he was cooler after the last blow was given. Q. On your soleman oath, did not you swear before the Coroner these words, "He never appeared to cool at all, from the time the first blow was struck, but kept cursing and swearing all the time? A. Yes; and I said it was like a flash of lightning—he had nothing in his hand when he was cursing and swearing—he was not severely bitten—he had sore fingers, but no bones hurt—he was knocking his hand against the bulk-head, and the wood, and saying his hand was bit all to pieces—that was after he went to the chest—he was wringing his hand as if in pain, and heaving it about—he did not draw his knife till after the cursing and swearing—he was wringing his hands just before he drew the knife, and said it was bit all to pieces—it was after the carpenter fell that he said, "Take my knife, I will not kill him?"—he said, "Kill or stab," I cannot say which. COURT. Q. How long were they down, you say they fought at first fairly? A. The whole of it was between a quarter of an hour to twenty minutes, from the begining to the last of it—they had two or three fair blows, and then clenched—they were down on a chest—the carpenter was uppermost—it was not long before the prisoner sang out, "You have bit my fingers carpenter"—I cannot be certain, whether he said he had bit him, or bit his finger—they had not been down long then—they were holding one another, and scuffing a little—we did not take much notice—they were not fighting, but trying to keep one another down—squeezing and cramming one another—the prisoner's hand was bleeding—it was all bloody—the hand he was wringing about—I could see it when he was flourshing it—the greater part of the crew were Americans—there were a great number of foreigners—I believe in some parts of America, it is considered fair when a man is down, to bite him, or put his eye out—it is so at Kentucky. JOHN DAVIS. I am a Welchman. I was on board The President from New York to England—I knew the prisoner, and the carpenter—I was present on the Saturday evening in question—about supper time—the first I observed was the carpenter asked the prisoner, how much money he had spent that day—he said 9s.—the carpenter held 3s. in his hand, and was going to bet him he did not spend it, for he had not 9s. to spend—Antonio said he had, and called the carpenter something out of his name—I forget what it was—the carpenter then got up and struck him—that was the first blow between them—they fought for a little white—it was a fair fight—the carpenter had the best of it. he asked Antonio if he had had enough, and he said, "Yes"—I heard Antonio sing out, "You villain, you are biting my finger"—the fight was over then, and the carpenter had gone aside—Antonio was just by the scuttle—he then said, "You have bit my finger," Or some thing, which I did not exactly notice—the carpenter asked him two or three times whether he had had enough, and he said, "Yes"—they were both on their feet. Q. What was said when he said he had had enough? A. The carpenter dropped him and went to his supper—they left off—the carpenter went and sat on his chest, getting his supper—Antonio was standing between the bits on the scuttle—they were about five feet from one another—Antonio was cursing and swearing by the scuttle—he was in a great passion at that time, and said he would fight him next morning, or else kill him that night—I cannot say who began the second fight, for I did not notice—I saw them giving blows to one another—I was standing on the chest to get out of the way—they both appeared to be in a passion when the second fight began—Antonio was lying on his back on the chest, and the carpenter had his hand on him, but did not strike him—the carpenter got up and left Antonio, and went and leaned his head on his bed-place, on his arm—Antonio got up and sat a little while on the chest, just the same as if he was considering, and then he got up and stabbed the carpenter—he was considering a very little while, no time I might say—it might be a minute, but I cannot say—the light was very dull, but I saw the knife shining in his hand, and sung out, "The villain has got a knife in his hand"—and before I spoke the word the carpenter was down—I said, "You have stabbed the man"—he said, "No, I have not stabbed him"—I and another man lifted the carpenter up, and overhauled his right breast—the prisoner delivered his knife to Taylor, who put it in his breast, and ran for assistance. Q. During all this time did the prisoner become cool and calm, or continue in a passion all the time? A. He must be cool, when he could sit upon the chest, I consider—he appeared cool enough when he went with the knife—I cannot tell any thing about his passion—he had been in a great passion. Cross-examined. Q. Did you not swear before the Coroner that Antonio was in a h—l of a range all the time? A. Yes—I said that he appeared so at the time they were fighting—I dare say I said the whole of the scene did not altogether take eight minutes, but I cannot say exactly—I also said I thought Antonio had not time to cool from the scuffle, that he was in a violent passion all the time, but I cannot speak property—I do not think I told the captain that the carpenter got Antonio down, and laid on him a considerable time, but I cannot say—I do not recollect any thing about it—I do not remember saying, that on the carpenter throwing himself off him, Antonio immediately got up and stabbed him—I will not swear I did not say so—I know Taylor—I do not think I said say thing of the sort to him, or in his hearing. COURT. Q. What sort of a blow was it that the carpenter struck the first time at Antonio? A. I did not notice—it appeared an angry blow, when Antonio returned it—I said that the blow the carpenter struck was an angry blow, it was so certainly—that was the first blow that was given by any body—I did not notice whether the carpenter was on him when he said, "Oh. you villain, you are biting me!—I saw them down, sometimes Antonio was uppermost, and sometimes the carpenter—that was after two or three blows—it lasted no time altogether, not more than eight or ten minutes—it was when it was all over, and Antonio was getting his supper, that he said, "You villain, you bit my fingers"—he was standing with his victuals in his hand, by the scuttle—I did not hear that while the scuffle was going on—I do not think I ever heard of" fighting up and down"—I have heard of it in America, I believe. JOHN WILLIAMS . I came from America with Shipley and the prisoner—I remember the Saturday evening—Antonio began the dispute—he said he had spent 10s. in the course of the day—the carpenter said he had not, and Antonio called him a liar he said he was not a liar—Antonio then called him a lying son of a b—, the carpenter then struck him—Antonio returned the blow, and they fought—it appeared to be a fair fight—the carpenter had the worst of it—at last Antonio struck him a heavy blow by the side of the face—I saw them clench together, they were both standing up—they never were quite down—they were thrown against the bulk-head—the carpenter asked him two or three times if he had got enough, and the other answered, "Yes," two or three times—he then let him go, and they parted—the carpenter was standing against his berth, leaning against it—the prisoner was standing against the bulk-head, in the aft part of the forecastle—they were about eight feet apart—I then observed Antonio strike the carpenter again—I saw him go up to him—I did not hear him say any thing—he struck him on the side of his mouth—Antonio said the carpenter had bitten his fingers—I saw his fingers in his mouth before they separated—Antonio was in a passion about his fingers—he was is a passion till he sat down—he sat down for four or five minutes, to the best of my recollection—when he was sittting down he was showing his hand, and complaining of his fingers—he shook his hand, and said, "Carpenter, you have bit my fingers"—he appeared to be in pain from it, and struck his hand against the bits—that was while he was sitting on the chest—the next I saw was when he got up and ran to him, as I thought, to strike him, but he stabbed him—he had given a blow after they were parted the first time after he said he had had enough—there was no blow after that, that I know of, out the stab—before he stabbed him, he said, "Carpenter, I will fight you, or kill you," and got off the chest, and went to him—I did not observe any thing in his hand—I saw the carpenter fall down on his face—one of the men said, "He has got his knife out"—I caught hold of the prisoner—they said, "You have stabbed the man"—he said, "No, I have not stabbed him"—I caught him by the arm, and held him—he said to one of the men, "Take my knife," and said he would not stab him. Cross-examined. Q. When he said that, was it after the man had fallen from the blow? A. Yes; he was in an agitation about his hand during this—it was after he struck last blow with his fist that he said, "I will fight you, or kill you"—the carpenter was standing against his berth where he struck the last blow with his fist—he did not return that blow—he was not able—it staggered him—the prisoner was sitting down just before he used the knife—neither of them were lying down. Q. He was not lying down on the bulk-head, and the carpenter standing by with his hand on him? A. No. COURT Q. Did you hear the crew say they should fight no more? A. Yes; several said so after they parted the first time—that was in answer to Antonio's observation that he would either fight him or kill him. MR. BODKIN. Q. Did you see Antonio's hand? A. Yes; it had blood on it—I did not examine it—I saw his hand in the carpenter's mouth. COURT. Q. Where was Antonio's hand at the at the time the carpenter asked him if he had had enough? A. His two fingers were between the carpenter's teeth—I could tell that by his manner of speaking—he had his teeth on Antonio's fingers at the time he asked the question. WILLIAM TAYLOR . I joined The President here, about eleven days before this happened—I was on board when this occurred—we had left off work, and at supper-time Antonio came down and said he spent 10s. that day—the carpenter said, he had not—Antonio said he had—the carpenter told him he was a liar, and he had not spent 10s.—that was the first time I heard the word "liar" used—Antonio then said, he was a lying son of a b—, or something—the carpenter then struck him—that was the first blow that was struck—it was not a very smart blow—I took it to be a light one—the blow was returned, and thee was a scuffle between them—the carpenter asked Antonio, if he had had enough, in a broken kind of voice; and he replied, yes he had had enough—in a broken way of speaking English, he said, "Me got enough"—the carpenter mumbled, as if he had something in his mouth—I did not hear him ask more than once, if he had got enough—they parted then—Antonio then complained of the carpenter's biting his fingers—I did not notice his fingers at that time—it was rather dark—I did not see him do any thing with his fingers—he said, Carpenter, G—d d—you, you have bit my fingers"—he appeared at that time in a passion—he then returned to the carpenter and struck him, and they had a second Scrummage—I cannot say where he struck him—it was with his fist—they clenched again, had a very short Scrummage, and parted again—the carpenter walked back and leaned on his berth—Antonio stood off from him by the ladder, as I think, and kept complaining about his fingers again, saying, "Carpenter, d—you, you have bit my fingers"—I heard him say several times over, "By J—, carpenter, I will fight you to night, or kill you"—he kept saying it three or four times over—he appeared to me to be in a passion. JURY. Q. Did the expression appear to be produced by the pain of his fingers? A. Yes—he kept striking his hands against the bits as though he felt the bite, which made him angry—I had sat down again to finish my supper, and heard them sing out, "Look here! he has stabbed him"—I did not see that done—I should think about five or six minutes had elapsed between his complaining of his fingers and the stabbing—I cannot say exactly, it was a little more or less—I did not see the stab given—I should think the whole affair took fifteen or twenty minutes. Cross-examined. Q. Did you tell the corner there was very little time between the last blow and the stab? A. I might say so—we term four or five minutes a very little time—I consider there was four or five minutes between the blow and the stab—the second scrummage followed the last blow—five or six minutes was the whole time, from the striking the blow, till the stab—the carpenter shoved the prisoner back, on the chest, in the second scrummage, and, I believe, had him by the throat—he kept him down for a very little while, then let him go, and they parted. COURT. Q. How long do you think the first scuffle lasted? A. A minute and a half, or two minutes; but in that confusion I cannot tell exactly—we cannot tell how time goes in such a confusion. CHARLES EVANS . I am assistant to a surgeon. I was called in to examine the deceased—I saw him between six or seven o'clock, on Saturday evening, and found him dead—I inserted my finger in the wound, on the left side of the chest, between the fifth and sixth rib; and, on inspecting the body, that wound was found to enter the heart—immediate death would follow on that—a knife was shown to me at the police-office—it had penetrated the right ventricle of the heart—it appeared a wound likely to be occasioned by such an instrument, as the knife produced. Cross-examined. Q. How was the carpenter dressed? A. He had a seaman's dress—a woollen shirt—I did not observe whether he had a waistcoat—the wound as two or three inches deep—I do not know what clothing the man had on—his breast was bare, when I saw him—I examined the prisoner's fingers—there was an injury on two of them, as if they had been bit, or scratched—I should thi