Rex v. Faustino Antonio & Rinaldo Martino

Abb. Word
agt, agst against
sd said
comd committed
Juridon jurisdiction
Wts witness
wt what
pson person
fod found
partlr particular
brot brought
examd, exd examined
recd received
prisnr prisoner
sd said
retd returned
accot account
deced, dd deceased
ser sercar
mre matter
sw sworn

This trial describes a crime and its aftermath in the streets outside a punch house that boarded Portuguese sailors. The witnesses provide detail of personal interactions at various stages. It begins with a Portuguese man, Augustino de Souza, warning an English Gentleman that his money and life were in danger. de Souza requested secrecy (“He repeated with great earnestness & frequently that if I discovd him he should certainly be murdered”) but the Englishman promptly reported it to his servants and the police. de Souza was then murdered. The verdict is not recorded. Whether the ending of the case is missing is unknown.

This excerpt provides an example of the word abbreviations the judges routinely used when taking testimony. They are logical, easy to understand and easy to get used to. An partial list is to the left. Other, case-specific words are hard to understand, but looking at the handwriting on the notebook pages can provide clues. For instance, "light cold cloaths" means light-colored clothes.

Wedn 16 July 1788


Hyde &

The King –
Faustino Antonio & Rinaldo Martino

The Indictment charges Faustino Antonio with having feloniously, willfully & of malice aforethought made an assault, (13 July 1787) on Augustino de Souza, & with having feloniously &c struck & thrust the sd A. de Souza on the breast with a knife, thereby giving him a mortal wound of which he then and there died, and so the Jurors say that the sd F Antonio did feloniously &c kill & murder the said Aug. de Souza; And the Jurors, further present that Rinaldo Martino, before the said Murder was comd, viz, on the 12th of July 1787, did feloniously wickedly & of his mal aforethought move procure aid help and abet comfort, assist, advise, incite, command & maintain the sd Faustino Antonio to do & commit the sd Murder in manner & form aforesd. They further present that the sd Faustino Antonio & Rinaldo Martino are subj to the Juridon of this Court by having comd the Felony & Murder aforesaid in Calcutta.

The prisoners having pleaded Not Guilty – a Jury is sworn to try them, namely
1. William Watts
2. George Gordon
3. Willm Dolby
4. Robt Duncan
5. Josiah Morgan
6. John Casey
7. John Joys
8. Richd Brittridge
9. William Boile
10. James Fairlie
11. John Price
12. John White

1 Wts for the King
Bernard MacCullum Esq

One morning after leavg my house about 12 mos ago I heard a voice which made me look round from the back wo of my Palengr I saw a man who told me in Portuguese that he had something of consequence to impart to me. I replied that I supposed it was of more conseq to him than to me. He sd bluntly I had no right to doubt his word that wt he had to say was of consequence both to my Life & fortune and that he was disinterested as I might suppose having never seen him before, & that on that accot I ought to believe wt he sd & he shewd a Certif from Mr. Mc Donald giving him a good char for having conducted some boats from Patna. I told him I was not sure he was the pson mentioned in that certificate but that I wod hear wt he had to say, and as he had sd that I must be secret & not bring him before a Justice I asked him if we shod retire. He sd it was not necessy &, on my saying that the Servts wd overhear, he replied roughly (being a blunt vulgar man) that they did not understand Portuguese. Before he wd proceed he insisted that I shod promise not to bring him before a Justice, nor discover wt he shod tell me, to any pson. I told him perhaps I might not be able to keep such a promise but that as I did not know his name or anything about him, I thot he was safe. I desired to know his reasons for bindg me to Secrecy. He told me it was on his own Recst because he was certain if it came to be known to those who would be disappointed, that he shod be murdered. I told him then that the matter seemed to be of more conseqs than I had imagined, & that I wd make him the Prom. Of Secrecy which he required. He then told me that I had bad people about me, but that he wished to avoid names, his motive being to put me upon my guard without a wish to injure others.

He said “the wedding they had planned was founded on a variety of hopes & must end badly” or words to that effect. Supposing that he alluded to a wedding which had taken place a few days before by my orders – I replied I was the only pson to blame if it was not a proper one. That wedding was betw a slave Girl of mine called Jenny, & one Philip de Rozario. I had given the girl her liberty & a portion.

He answd that I knew not their evil designs, & that he only meant to put me on my guard. He told me to be upon my guard even upon the river, for that they intended to follow me if they were disappd in town; as they had heard I meant to carry with me to Dacca a large Sum of money. As I had not intended to carry ready money with me, tho I had a Lack of Rs in the house, I confess I did not believe this Story, but thot he meant to prejudice me agt the person to whom I thot he alluded.

I told him he must be more explicit before I gave him much credit. He then mentd that I had brot into the house a Lack of Rs & that 3 Bags were in a partlr place containg gold; that only a girl & child slept in the room where the money was. He told me the state of the windows & the easy approach to the room, & in short gave a partlr description of the interior part of my house. And then told me that his principal motive for discovering the plan that had been formed, was that he was certain they would take my life to insure their scheme of Matrimony, & that I ought to guard agt accidts – that bad people as he had said before came about my house on the errand of matchmaking.

I still thot he talked of the wedding that had already taken place by my order & I made no further inquiry about it. I insisted that he shod tell me who had informed him so particlry of the 3 bags of Gold that Suspicion might not fall upon the innocent. He sd he had these partlrs from the Caffey woman Babica who was the go between & in the Secret. I then offered him money for his inform which he refused, saying if he had wanted my money he cod have had enough of it. He repeated with great earnestness & frequently that if I discovd him he should certainly be murdered. I told him he had nothing to fear. I instantly went home, examd the windows &tc, and found his Description exact. I then inquired of a girl named Joanna whether Babica had been in the house when the 3 bags of Gold were taken out of the chest & exd & put in again, one or 2 nights before.

I was answd that she Babica had at that time been sitting in a little Veranda where she cod see all that passed in the room where the chest was.

I then spoke severely to Joanna, told her what infamous people she had coming about her and repeated part of what I had been told; and I instantly ordered all the money to Mr. Fergusson’s where I genly kept my cash. I considered the information to be such as was highly improper to be concealed as there seemed to be a dangerous gang of villains, & thot I cod not justify myself if any one lost his life or prop through my concealmt of wt I knew. I the same night comd the whole circumstances to Mr. Maxwell, recommending it to him to take such measures as might lead to a discovery. In consequence thereof Babica was taken up that night or next morning. I was sent for next morning to attend to her Examin – at Mr. Motte’s but nothing cod be learnt from her.

The day after her Examin I recd a note from Mr. Maxwell desiring my attendance & informing me that a man had bn murdered whom he supposed to have some connexion with my story. From Mr. Motte’s Cutchery I sent one of my peons, viz Mia Jaun, who had seen the man speak to me in the street, that he might look at the body & see if it was the body of the Man who had spoken to me the day but one before.

He returned & said it was. On my arrival at Mr. Motte’s cutcherry, Mr. Maxwell shewd me a bloody letter written in Portuguese, which I knew by the Contents, as explained to me, to be meant for me, and which was directed to Sentor Megelan by mistake I suppose for McCullum. It is the same which is marked A.

I then began to comprehend the story which I had not understood before, and to find out who the persons were of whom he meant that I shod be aware. When I returnd from Dacca about the Month of October 1787, that Coffrey Girl named Babbica came to me one night, she said she came at night because she was afraid of being murder’d [entire section above crossed out] I found that what my servants had told me, was true, namely that Joanna, otherwise called Janno (which I understood to be an abbreviation of Joanna) had a carnal connexion with the Prisr Rinaldo Martino. I myself saw them in bed together. For upon my arrival at Calc, I next morning went to a house which I had given to Joanna and found her in bed with Rinaldo Martino, who jumpt out of bed and seized me by the throat, whereupon I knocked him down. Had he not seized me I should not have touched him, & so I told a gentl whom I took with me, (Dr. Fontana now gone home) for my only design was to be assured of the fact that there was a connexion betw them.

My servt a few days after informed me that Babica had something to say to me, but that I must send some one to guard her thro the streets as she was afraid of being murdered. And sd she desired to come at night for secrecy.

Accordingly I sent 2 Sepcr at night to accompany her & she came about one or two O’clock in the morning; & with her an old woman named Maria, whom I had never seen before. [These are the 2 women pointing to them] Babica sd “that having long lived with Augustino she cod not rest without discovering his murderes what she knew of the story – that they might be brot to Justice.”

“That at the time of the murder she was a servt of Rinaldo Martino who then kept a punch house and boarded Portuguese Sailors, That Antonio Faustino Antonio and Pedro Maria at that time lived in the house. That Rinaldo, who (said she) is now called Rinaldo Martino, but formerly used to be called Martino Carisco especially when he lodged at Augustino’s who had long fed him gratis; that this Rinalso had been accused by Augustino of ingratitude for not making him some compensation, now that he had found wealthy connexions which enabled him to live at His ease, that one day in conseq of high words on this subject, Augustino threw a gurglet [long-necked container] at Rinaldo for which Rinaldo carried him before Mr. Motte. She also related a story of a grudge betw Pedro Maria & Augustino, occasioned by Augustino’s cutting Pedro’s cheek, & that she knew Pedro wished to be revenged.

That had she not been in confinmt on the night of the murder, she might have given positive evidence, but as it was she cod only say she suspected the murder to have been comd at the instigation of Rinaldo Martino. Sne she referred for partrs to Philip & Maria who saw & knew them.

She admd that she used to go with messages betw Rinaldo & Jannu, & sd that she knew Jannu used to furnish him wth money. She expressed fears, for her own life; lest she shod be killed to prevent discoveries. She sd she had heard Mr. Rinalso swear that he wod put a knife in me if I fod fault with the conduct of Jannu when I retd from Dacca.

In consequence of this inform and of what I was told by Maria & Philip, both of whom I examined I acqd Mr. Maxwell with what I had learnt; and the prisnrs were taken up. Pedro Maria could not be found.

[Mr. MacCullam is desired to attend to the evidence which will be given by Philip & Maria, as well as Babica, in order that he may afterwards be asked, if the Court sees Cause, wtr they are consistent.]

X examd by Mr. Church advoc for Rinaldo Martino.

I convd with Babica in Portuguese – and wrote down at the time wt she and the others told me. This is a fair copy, a little corrected, of what Babica se. I have lost the rough notes.

It was in

2d Wts for the King
Mia Jaun a mahomtn ser.

I am a peon of Mr. McCullum’s & have bn so four or five years. I rem abt a year ago that my master’s palanquin was stopt in the street by a man who talked with him in Portug. I don’t understand Portgu & It might possibly be English, but it was not Hindostany or Bengally. The man gave a paper to my Mar which my Mar looked at, & retd. After they had conversed the went away. Two days after (as I think, but it if a yr ago) my mar went to Mr. Motte’s & I went with him. I saw my Mar Jr. Maxwell, & Mr Motte looking at a paper, a dirty paper on which something was written. As my mar was coming away from thence, he bid me go and look at the white man who was murdered & see if it was the man that had spoken to him two days before. I accordingly went to the place where the body lay in the court yard of a house in which (as I suppose) the decd used to reside. A peon went with me from Mr. Motte’s Cutcherry who took me to that house, it is in Mirze Janny’s Gully. It is in Calcutta, & near to the Lall Bazar. There were a No. of Gentlemn there; & the dd body lay ½ on a Dooly & ½ on the ground. I looked at his face very attentively & I am sure it was that body of that same man who had spoken with my Mar two days before. I had also looked at him very attentively when he was alive & was talking with my master. I stood before them 2 gurries while they talked in the street, surely I might remember 2 days after if it was the same person.

I had seen him before that time in the street, but did not know his name. There was a wedding performed in the house of my Master’s Bibi, between a slave girl of that bibi and a Caffrey man. There were a number of people at the wedding. I had seen him come there twice on that occasion, & on the day of the wedding he staid there till midnight, and I saw the same man there next day also. I understood that he was a Padre. I heard so. The man that I speak of is the man that was murdered. He had a wound above the navel which I saw, I’ve heard he had another.

[Mr. Da Cruz being asked what is the word for a Godfather at a wedding says Padrino.]

X Examd

It was before 12 at noon that I saw the body, about 2 gurries before noon.

The face was a good deal disfigured & [ill] changed, it was shrunk in. (sukgeia) Being asked if it was disfigured he says it was yellow.

He had cloaths on but open before where the wound was.

3d Wts for the R
Thos Motte Esq

I saw the dead body of Augustino de Sowza. I had seen him some time before at the Cutcherry on occasion of some Quarrel, and from that he had been discharged. I knew his face but I did not recollect his name.

On the 13th of July in 1787, about nine in the Evening, as I was sitting in the Southwards by Window of my House, in the Laul Bazar in Calcutta, I heard a man, as if he was running and out of breath, crying out Mr. Motte, Mr. Motte, and some thing else he said which I did not perfectly hear, on a sudden the voice ceased, and I call’d to my Servants to go and see what was the matter. They calld out there was a Man murderd just before my door. I went down and found Augustino de Sowza lying on the Ground. My Servants raised him and made him sit on the ground, I askd who had wounded him, I found he could speak only Portuguese, therefore immediately sent for my Writer Baptiste and for the first Chirurgeon that could be found. All he said was Jesu Maria and some thing about a Padre by which I supposed he wanted to confess. In less than Ten Minutes before either the Surgeon or Baptists arrived he expired. There was a wound with a sharp instrument on his back. Another in his left side, a payonet laid just behind him, stuck on the end of a stick. The wound was in the belly a little on the left side of the navel and higher than the navel. The stick and bayonet I now see produced was like that I then saw, it has not remaind in my possession all the time since, and therefore I can not say positively it is the same. I think the Bayonet had some blood on it. The Knife, I heard was found on the ground, and it was immediately brot to me, I think there was also blood on the knife, but I am not sure. Dr. Jones came soon after the Man was dead. And Baptiste came soon. The body was put on a Dooly and carried to De Souza’s House, because I was not sure he was dead. He might only have fainted. The next day Mr. Hall the Coroner had a Jury on the Death. Baptists brot to me a bloody Paper. He brot it that night. This Paper markd !, is the Paper. I know it by the word Megelan or Megelan written on it. I little thought it meant MacCullum. I lookd with care at the Paper because I thought I might discover the connexions of the deceased. I supposed the name to be Magellan or some Portuguese name.

Afterward I got a Translation of that Portuguese Paper made by Baptiste.

Questioned by Mr. Church for the Prisoner Martino

When first the Prisoner was brot before me, on suspicion of this affair I thought the suspicion so slight that I did take bail for his appearance, this was in July. He continued to keep his Public House and did not abscond. In October, he was sent for: he was found. Sepoys were then sent for him. Martino was first brot to me, and all the People who were found in his House, because it was said De Souza the Deceased used to frequent that House. I do not recollect that when first he was brot to me he desired to be carried before One of the Judges or a Justice. He was at that time Kept several days in Custody.

4the Witness for the King
Peter Baptiste

On the 13th of last July between nine and ten o’clock at night, I was ordered by Mr. Motte to go and look at the body of a man who was murdered. It was lying in the street near Mr. Motte’s door. The man was dead before I got up to him, and lay on his back. I opened the breast of his shirt, & saw a wound a little on one side, lower than his breast but above his navel. It appeared to have been given with the point of a knife. I had received orders from Mr. Motte to carry the body to the man’s own house, a woman who was there having sd that she would point it out. When I saw the dead body I remembered the face, having seen him before Mr. Motte several times; particularly once when he was charged by J.W. Parks with being concerned in stealing a watch, but I think he was let off on his giving inform agt some others who afterwds broke prison & escaped. His name was Augustino de Souza. We took the body to the house of the deceased in Merza Jaun Gully near Mr. Motte’s house. I always took the deced to be an European Portuguese.

When I came up to the dd body in the street, this bayonet & this knife were in the hands of a peon. The bayonet fixed to a stick as it is now.

I know that the prisr Rinaldo kept a Punch house. I don’t know what countryman he is. The other prisr Faustino Antonio, I know nothing of. I never saw him till he was taken up I know nothing more respecting this mre.

X examd

The deced had on a shirt long draws & shoes nothing on his head, wtr he had a waistcoat on I cannot say.

5th Wts for the King
Mr. Nicholas Jebb

I have read the Portuguese Paper A, and have translated it according to the best of my skill and ability. The paper C is my transl which is a true & faithful one according to the best of my knowledge. But there is a word not very legible. It may be read coetoto for Coetodo, which means [ill], or Coctolo, or Costdo of which I do not know any meaning; or it may be conjectured to be Gosto for Gosto Pleasure.

Custodio is a proper name & this may be custodo for Custody and there are many errors in spelling in the letter as great as that 1.

Exc C. the transl of A is read in these words If you require proofs of what I told you the other day, send person with me, as he who told me these novelties is entrusted on board Ship to go a Voyage, & he is ready to relate the truth minutely on Condition that you will give him & me a Paper that you will not take either of us before Justice – then you will clearly know more novelties with certain signs. That when Mrs. Jannoos wished to commit Formication with [insert – Costoto] Poor - her Carisco she used to send Philip home on some pretention, and the Bawd Babica Caffra deceitfully carried the Bride along with her out of the House to give Jannoo the opportunity to Cohabit with the Carioce. This was in the House where the Wedding was.

I am yours – Souza

The word Jannoo is a short method of expressing Johanna.

The word Carisco means a Person Born at America and in a Satirical sense for a Galant

For Mr Megelan

6th Wts for the King
Sobhany Thannadar

Sometime in July last year Mr. Motte sent for me one night, I went and found the body of a white Portuf in the street. He was alive, and I asked him sevl times who had killed him but he cod not speak, & appeard to be in great pain. I found this knife, & this bayonet fixed to the stick as it is now, both lying near his body. I orderd the people by Mr. Motte’s direction to remove him to his own house. Mr Motte asked me if I knew where the deced had lived I answered behind the Herrean barry. A woman who stood by answered that his present house was in Mirza Jaun’s Gully. I accordingly took the body thither and by inquiry I found his house; though I did not know his name. I knew him by sight, & I know that he was once confined in the guard. I don’t know the prisoner nor do I know the owner of either the knife or the Bayonet.

He was not dead when we got to his house, and the people said he wanted water to drink, a woman gave me some to give him, but he hit it with his hand and threw it down.

[Baptiste being called agn says the man appeared to him to be dd when he first saw him, that he did not go with the Dooly that carried the body to the house, but followed very soon after]

The Wts adds “I saw Baptiste deliver a bloody paper to Mr. Motte.”

X Examd

The bayonet & knife have been in my custody ever since, except when I have sent them by Mahd Ally Paic to be produced before a magistrate.

Being asked, he admits yt he has been confined for one month within the last yr but then he sayd these weapons were in the custody of Mahd Ally Paic.

7th Wts for the King
Philip de Rozario

I knew Agostino, who is now deceased: I saw his body, after he was dead, about a year ago: he lay in an alley, called Mir Jah Gully. I saw two wounds on his body, one on his shoulder, and the other on his belly: part of his intestines were out. Blood came from his mouth; but his face was not greatly changed. I am sure that the man, whom I saw dead was the same Agostino, whom I knew living. On the same morning I had been at the house of Rinaldo Martin, the prisoner, whose cook I was: I went to do my business there as usual. When I entered Rinaldo house, I found Maria and Rosy sitting there: they told me that Rinaldo was confined and that Agostino was killed. As Agostino had been a witness of my wedding, and my *padrino, together with Rinaldo, I went to see where Agostino’s body lay. I went first to Rinaldo’s house and I went a second time at ten o’clock.

*Bridesman says Jeble adopted father – Juryman.

I had seen Agostino alive on the preceding evening: he came to Rinaldo’s house about dusk, and asked me, if my master was at home. I said I would inquire and, on inquiry, I found that he was gone to one Peterson’s. I told Agostino that he was not at home. Agostino went away, saying he would return. While I was boiling rice Rinaldo came home and called for supper: I said I would serve the supper, when the rice was boiled: he said “never mind, give me some thing, though it be cold.” This was about seven o’clock. I put cold victuals on the table: who sate down to supper I do not know: there were only three persons in that room, Rinaldo, Antonio Faustino (the other prisoner) and one Pedro, nicknamed Cutcheek. I called him Pedro Maria by mistake, when I was examined by the magistrate. There is another Pedro Maria (whom I now point out) who used to frequent Rinaldo’s house, and I made a mistake between the two names. I correct my mistake upon inquiry. I never saw Agostino alive after he went away saying he would return. I did not see Rinaldo and Agostino together that evening. If I said before the magistrate that Agostino found Rinaldo at home at six o’clock that evening, I mistook: it was at two or three o’clock in the afternoon, that Agostino came and asked me, if Rinaldo was at home. I said yet, & the deceased entered the house: I went out with the brother of Babica, & staid out about half an hour: when I returned I did not find Agostino there in truth, I did not enter the house, I only passed by it: the door was open: I did not see Agostino, & I suppose he was not there: that I meant by saying I did not find him there During the whole course of that day I never once saw Rinaldo and Agostino together. I did say to the magistrate, that Rinaldo & Agostino had disputed in my presence about twenty rupees, but whether I said it was on the evening of that day, I do not recollect so long time has passed, that I cannot be positive, whether it was on that day, or on some other day preceding it. Having laid the cold victuals on the table, I went back to get the rice ready: while I was drawing off the water from the rice, I saw two persons pass by me, but I did not see their faces: they were both in dark-coloured jackets and long-drawers. They passed near the cook room door on the outside: they came from the room, where Rinaldo and the two other men were sitting. There are but two rooms and a hall in the house: in one room was a sick man, whose Christian name was Manuel: in the hall was Rinaldo with Antonio and Pedro. The cook room door was opposite to the window of the room where Rinaldo was hall. The other room was Rinaldo’s in which he & the two men were, when I served supper in the hall. From the place where I sate to draw the water from the rice, and where I was conversing with Maria and another woman, I could see the two men who passed me, coming out of the hall and running, & I did see them coming out: but I did not see their faces; for my attention was fixed on my business. When I first saw Pedro & Antonio that night, Antonio was in nankin breeches & a white waistcoat. I did not hear Pedro or Faustino say they were in haste for supper: Rinaldo said, make haste. I cannot tell, whether they had any supper or not. Rinaldo told me, after I had s When When I had strained the rice I went I went into the hall & saw no body there: I asked Maria where Rinaldo was, she said, On the terrace asleep. I went up, & found him lying down on the terrace: I asked him about supper, he said, I will not sup: they, who were to have supper, are gone. I will have none. Bring a bottle of arack. I carried him a bottle and a glass: he bade me go home. It was then about half an hour after seven o’clock: I had lighted candles before I carried the cold victuals, I went home, after I had taken the dram. Rinaldo kept a tavern: I usually went home at nine ten or eleven; but on that night I went home about two hours and a half earlier than usual. As soon as the two men, Pedro and Antonio came into the house, Rinaldo ordered the door to be shut: it was usually shut at nine or ten, or when Rinaldo chose. I do not remember its having been shut so early as it was that night. After the door was shut no one could have come in without knocking at the door; but I heard no one knock, before the two men, who passed me, went out. I had seen Rinaldo, Pedro and Antonio converse together but I did not hear what they said: they spoke in their usual voices, but I did not attend to them. Faustino boarded in the house with Rinaldo, & Lived in the same room with Manuel, who was unable to leave it through sickness. When I left Rinaldo’s house, it was about half an hour after I had heard the clock of the Portuguese church strike seven. I counted the hours some hours – (he then said four minutes) – after I reached my own home, I heard the gun fire. As I was going home, I saw Pedro and Faustino; I was then near the Faujdar’s house: the house of Rinaldo is in the same street about as far from the Faujdar’s, as the hall of this house is from the courtroom. I saw their faces but was not very certain who they were: I therefore stood to look at and examine them: they stopped at Rinaldo’s door: Rinaldo spoke from the terrace, & asked who they were. One of the two men answered It is I – Rinaldo ordered Susanna no, he came down himself and opened the doo The door was opened: I did not see Rinaldo: the two men entered, & I went home. I could not see distinctly because it was dark, when they got into the house; but I believe those two men to have been Pedro & Antonio: I have no doubt of it. I said to the magistrate that I did not see their faces: I now say I did not see them distinctly: both assertions are true. About an hour after I heard the gun fire, I heard some Chokydars in the street say that a Portuguese was killed. In the morning I was confined; & saw Rinaldo at Mr. Motte’s office. I had some conversation with Rinaldo in the place, where the sentinels were: many persons were present, who could have heard the conversation. Rinaldo said to me; If Mr. Motte should ask you what you know of Agostino, tell him you know nothing about him.” About seven days after I had been confined, Rinaldo said to me: “I know who killed Agostino, but I will not hurt them.” Some Seapoys were present; but no one was there who understood Portuguese except Rinaldo and myself.” The knife, now shown to me, I have seen before: it was in Rinaldo’s house. I am sure this is the knife, which I have seen in Rinaldo’s chest. I can swear to it. The bayonet, now shown to me, belongs also to Rinaldo: I have seen both this knife and this bayonet in his chest. One day, when he opened his chest to take out some clothes, I saw this knife & bayonet in it. The chest was open four or five minutes: I took particular notice of them. I took this knife out & a clasp knife; this knife I returned & kept the clasp knife: Rinaldo said, give me back my knife” I said: I have no other to use; let me keep it, till I can get another.” I am doubtful about the bayonet, but am positively sure as to the knife. There are many such knives; but this passed through my hands, & I am sure this was Rinaldo’s Rinaldo used to keep the key of the chest himself, & carried it with him in his pocket. I was married a few days before the death of Agostino: the marriage was in Janu’s house: I then heard first the name of Rinaldo Martino, whom I had not known before. I do not know of any other name, that he had borne. I heard from Agostino, that Rinaldo was the son of a mulatto.


I lived in the service of Mr. Jones. Susanna did not sit down to sup with Rinaldo and the two men. She was in the same compound with Rinaldo; but not in the room with him. I do not know Joseph deSilva. I saw no other men in the house, but the three, whom I mentioned, and the sick man Manuel. The person, pointed out to me, I do not know by the name of Joseph deSilva: I know him by the name of Bisica: he was not there on the evening which I mentioned. I know the person of Pedro Maria, now shown to me. But I did not see him there. He used to come to Rinaldo’s house after he was confined; not before. I do not know the men, now shown to me, but not by the name of Joao Francisco: I call him the Squinteyed Man: he was not there. The man, now shown to me, (called ‘Joachim Dias)’ I never saw in Rinaldo’s house. Ask him; & he will not say, that he ever was there in my presence. I know Isidoro de Orosio: he came to make me a visit: I did not go to se him. He told me, that Pedro was in the Kasimbear Church: he meant Pedro the Cut-cheek. The conversation I had with him, I can prove by three witnesses: it is true, that I told him about the 300 rupees, that Mr. McCullen left in the hands of Jahnu, first to defray my wedding charges, & with what remained, to buy ornaments for my wife. I told him, that Jehru had promised me one hundred rupees, which she had not given but I never said, that I would ruin her and the person to whom she was to be married

i.e. smallpock, for i.e. pock pitted.

Mr. McCullum
1 Wit for the King

Called again as was proposed, says,

I asked Philip if he remembered that knife which was found by the corpse. He answered that he had seen it that night on which the murder was comd in Rinaldo’s house, in a cupboard of some such place; and that his wife had seen it frequently in a chest when Rinaldo lodged at Janu’s mother’s.

Philip sd that whil Rinaldo was confined by Mr. M. on Suspicion, he attended him & frequently was employed to carry notes to Pedro & Faustino, & that he freqly called them but they wod not come, except one night that Pedro went but Faustino never Pedro went in Conseq of a threatening note. That Rinaldo told him (Philip) that they must not think he wod suffer alone.

Maria deRozario
8th Wts for the K.

At the time of Augustino’s death I was Servant to Babica, a Caffry woman, sometimes called Babri, who at that time kept a punch house in PP with Rinaldo. On that day about 4 Guries bef. Night, Augusto came to Rinaldo & demanded 20 Rs, or at least that he wod pay him 4, as he was in want. They talked Port. Which I don’t understand but Philip told me that was wt they talked abot. I saw Augustno come there and I asked Philip wt they dispd abot.

Rinaldo did not pay him any money, & Aug went away when about 2 Gurry of the day remained. He had been there twice that day, but this was the last time.

When Aug came in, Rinaldo was standing in the hall after wrangling some time Rinaldo went into he room. In the Hall were Faustino, Pedro (surnamed Galleattah i.e. Cut Cheek) Joao Maria, & Bexiga – The man last named was taken up but released. Augustino appeared to be very angry, & went away about the Dusk. After candles were lighted Rinaldo asked me for supper. Philip was not then at home. He went out before the Candles were lighted.

Presently Philip came in while the rice was boiling – I sd “you are to have the wages of a Cook & I am to dress the victuals. He then went to the fire in the Cook room & began to drain off the water for the rice.

Pedro Gallcattah, & Faustino (the prisr) went out & Joao Maria followed Philip then asked me who is that went out. I named all the 3. Yes I named Joao Maria as well as the rest. He then asked wt dress they had on I answd that Pedro & Faustino had black Jackets Waistcoats & black long drawers. It was then raining & was very dark. Joao Maria had on striped Gingham.

Philip obsd to me Lord knows wt will happen to night. I asked why what shod happen. Philip answd “Be quiet You don’t know.”

Rinaldo ate no Supper that night, he fastened the door himself, and as soon as Biciea went out he took his pillow & Shatrenge & went to the top of the house. But first he gave Philip a dram & sd as You are newly married you may go to your house.

When I first saw Pedro & Faustino that evening, they had on white stockings & breeches – Pedro had on a white waistcoat & Faustino a red striped one. They put on the dark clothes in a room of Rinaldo’s house; in which a sick man lay & Susanna, Faustino’s wife, was also there: not his married wife his Mozca.

Scarce had Philip got out of the house and the door shut after him, when Faustino (the Prisr) & Pedro came & knocked at the door.

Faustino used to board with Rinaldo; Pedro did not, till Babica was confined, on the 3d day before the murder, and during those 3 days Pedro at there but did not sleep.

After Pedro & Faustino returned & knocked at the door. Rinaldo came down & opened the door, & they came in and changed their cloaths again in the same room where they had put them on: The gun fired just after they came in, or just as they were entering after the door was opened. They conversed with Rinaldo while they were changing their cloaths, and Susanna & the Sick Man (who was a white Portug) were present.

They had no private Talk with Rinaldo, but wt the Sick man & Susanna must have heard.

It was raining and a dark night and they came in hastily without stopping in the Compo I gave that reason for their haste when I was examd before Sir W. Jones.

When they put off their dark cloaths they put on the same light cold ones which they had on before. Pedro went away I don’t know whither.

Then Faustino & Susanna went away to sleep at Babica’s house, whereas before that they had slept at Rinaldo’s house.

I asked Susanna why they did so & said I would not stay to sleep at Rinaldo’s. Susanna answd, in the hearing of Faustino, that I must not that I must not leave the house empty.

Rinaldo fastened the door & went again to the top of the house. I went & slept in the Cookroom & the sick man staid in a room.

Abt. 10 o’clock a Sergt came & knocked at the Door, Rinaldo came down & opened it. The Serjt sd something, searched the house & then went away.

I know Janu & I saw her once in her own house I.e. the house wre her Aunt lived. I also saw her anotr time when I carried some china plates there. I know nothing, of my own knowl of the friendsp betwn Rinaldo & Janu. When I asked Susanna why she & Faustino were going to sleep out of the house, She answered They said he is caught (derra) Faustino heard but did not understand it for he does not understand Bengally

At 2 o’clock in the morning the Chokydars came & seized Rinaldo; & he was confined abt 20 days in the Thanna. During which Time Faustino, Susanna, Babica & I slept in the house.

X examd by the Jury.

She says I rem a ql sometime before in which Augustino threw a gurglet at Rinaldo & was confined 9 Days, & then Rinaldo got him released, and three days after that the Murder was comd.

It rained a few drops when Pedro & Faustino went away: notwithstanding which Rinaldo went to the top of the house to sleep.

X Exd by Mr. Church

I can count 20 but not 40 or 50. She counts 20 and knows what the Gospels are can say her prayers in Bengally & is a Xhan.

I did not shut the door when Philip went away. I went to the cookroom.

This is the Susanna that I spoke of –

Babica – sw
9th Wts for the King.

My name is Babiana Labourdona. I suppose by the surname that my far was formerly a slave to Mr. de la Bourdon is Govr of Pondicherry.

I do not know how Augustino was Murderd. After I had been confined three days by Mr. Motte I heard Augustino was killd. I know Rinaldo once lived in the House of Augustino while he was in his House Philip was going to be married. Augustino and Martino were chosen as Padrmos of the Wedding. At that Wedding Jannoo and Martino fell in Love Philip was married to the Salve girl of Jannoo. I am a Woman I have eyes, I saw them fall in Love and I have seen others. I saw them talking together and I saw Jannoo make up Beetle for him with a smiling Countenance. Augustino said this Man’s behavior is very bad. I brot him here. After I was taken into the Service of Martino, I was sent of Messages to ask how Jannoo did. Philip was married abt three months before the Death of Augustino.

It is well known all over Calcutta, that I used to attend at Weddings. I used to get some One or two Rupees at each Wedding. I am calld “my Recordaro” of the Wedding.

Augustino said to Martino to say You keep a Punch House, let me be a Partner. I was then in the Service of Martino. Martino said his House was very small, his concern small and he did not want a Partner. When I returnd this answer to Augustino he said, if he will not let me be a Partner, he owes me twenty Rs & I must have them. After this Augustino sent a paper & demanded 20 R Martino who answd that he had very little money & cod not pay at that time, desires him, Aug to wait 2 or 3 days. After 2 or 3 day Aug came to demd the money or at least 10 Rs Martino Sd as soon as he got money he wd send it. After this one Pedro Maria came with and Messages abt case bottles & 4 or 5 Rs Martino sent comp to Augo & he had no money to pay.

She then relates anor visit which Augo pd to Prisr on the same subject, when he gave Prisr abusive Lang: & threw attempted to throw a Gurglet at him.

Mr. Motte took up Augo who was confined abt 5 days when Rinaldo & al got him reld brot him to his ho & asked him to eat – he thanked him but wd not & went away.

Abt 4 days after Augo desired me to leave Prisr’s house. She was married & poor & cod not leave him.

I was taken up by Mr. McCullum, & confined in a Thanna, in abt 3 days more I heard that Augo was murdered: That night at Gunfire Mr. M’s peons tied my hds.

Yes when Janu was at Mr. McCullum’s ho I was in her Service. I was a Wts to a paper which was signed in my presence by Janu & given to Rinaldo & to anot signed by him & given to her; 7 Days after the marriage of Philip.

I know nothing of my own knowledge of Faustino.

While I was in Prison in the Court of Requests a Sercar came, he inquired for Babica, he offerd to pay the Debt, he first refused to tell his Master’s name, afterward he said he was Mr. Martino’s Servt I said I am his enemy, and I had him confined by Order of my Maters.

Afterward the Peon advised me, and I took the Money and paid the Debt and got my discharge I recd some Letters I sent to Rinaldo, his Mistress Jannoo then told tore a note I had given her for forty Rupees I oped her. Renaldo told me if I wod get Philip out of the own he would give me forty Rupees. I said it was not in my Power

I know nothing more.

Cross Examined by Mr. Church

I know this Gentleman Mr. Josepta Rodriguez. After Reinaldo was in Prison, the used to come to Jannoo’s House. I also know this Gentleman, Isodoro de Rodio. I had no conversation with him abt Renaldo.

Anna de Rosario

I am some times calld Lucia. I know nothing of either of the Prisoners. I heard from Susannah that Augustino was taken up – The next Morning I heard Augustino was killd.

Here the Evidence for the Prosecution ended.

The two Prisoners each said little more than that they were perfectly innocent.

Mr. Church, in behalf of both of them stated some cases of Convictions on presumptive evidence where afterward the Prisoners were proved to have been innocent. Mr. Church calld for the Prisoner’s first

Susannah de Rosario

I heard One Morning, that Augustino had been killd the night before. On that night when he was killd I was at Babica’s House.

In the morning of that day I was at Babica’s house, at abt three in the afternoon I went to Renaldo’s House. I staid at Renaldo’s till Gun Fire. There were nine White Men there beside Faustino and Renaldo. They playd at Cards and drank till Gun Fire. At that time of the year the Gun is fired at Nine at Night. At that hour Martino bid them to go out of the House. Faustino was One of those what went, first the nine men went, then Faustino and I went out of the House. Martino remaind behind. There was also a sick Man beside those Eleven but the sick Man was in a room by himself. When Faustino and I went away Philip and Maria were there.

Martino ordered the People to leave the House because it was usual for him to shut up his Punch House soon after Gun Fire. I did not go back thither that Evening. I staid at Martino’s House from three in the afternoon till nine at night but I saw no Persons come in there and change there dress. Certainly if they had done so I must have seen them. Reinaldo was at home sitting among those white Men that were Playing at Cards.

Faustino and I went from Martino’s to Babbica’s House. We slept at Babbica’s House, and we continued there the whole night. In the Morning when I went to Reinaldo’s House, Philip and Maria were there. They said Renaldo was taken to Prison. They said it was because Augustino was killd.

I do not know the names of any of the Nine Men who were there.

Questiond by the Court

Antonio Faustino had boils. The Doctor had opend them. He advised Faustino to take a Walk. Therefore we went to Martino’s. We went the next day for the same reason.

Philip gave us Breakfast. Then Philip went to Mr. Motte’s Cutcherry and carried breakfast to Martino.

When Philip returnd from Mr. Motte’s we went away. It was then Twelve o’Clock. At that time I was kept by him, and was so six months before that time, but since he has been in Prison I have not been kept by him. I did not use often to go to the House of Martino, but Faustino and I lived at the House of Babica; Babica and Martino kept a joint Punch House in anotr House, and Martino sent Victuals for us to the House of Babica. Faustino was not acquainted with Martino till Babica introduced him.

Isodoro de Arro Rozio
Second Witness for the Prisoners

I remember Philipe and Babica I met Philip in the Road, he askd me about Pedro. I did not know what Pedro he meant. I askd what Pedro he cod not tell me the Surname of Pedro, therefore that discourse ended.

I askd him why he was an Enemy to Renaldo who was Padrino of the Wedding. I was at the Wedding. Philip said I am angry with Renaldo for his Mistress promised to give me dowry for my Wife, One Hundred Rupees, and did not, beside he himself used me ill. Therefore I am against Renaldo and his Mistress, therefore I will proceed before the Court [of Justice] and ruin them. I know nothing more about Philip. After this Conversation with Philip, on the same day, and in the same road, but not in the same part of the road I met Babica. She also askd me abt Pedro, therefore I suppose Philip had told her. She described Pedro. She calld him Pedro Cara Cortada, that is, being interpreted, Cut Cheek. I answerd I do not know him nor where he is. I knew him by sight, but no more. He was a sailor. I am not a companion for a Sailor. I askd Babica, what was her reason for being against Renaldo. She said Bibbi Jannoo had promised her a piece of Land, and Renaldo had promised her two hundred Rupees if she wod make a Match between Jannoo and Renaldo. I think

She said neither of them have performd their promise. Therefore I suppose this was the reason she was against Renaldo. She told me she had made up the Match.

I myself drew up the Paper. It is written in Portuguese. I understand writing Papers therefore I did it. Not for Reward. The Paper is in the hand of Mr. Geraud.

I have been Sixteen years in this Country. I maintain myself chiefly by Merchandise some times by Writing. I never was Servant to any body to write by the Month, but some times I translate Papers into Portuguese or from Portuguese into English. I live in Moorgy Hattah. I hire a House, I pay Eighty Rupees a Month Rent. The Attorney to whom I pay the Rent is Sheik Nuzzer Ullah. I sell Merchandize of all sorts – China Goods Europe Goods.

Joseph Rodriguez
Third Witness for the Prisoners

I remember Martino being in Custody of Mr. Motte. I was One of the securities for Martino. That was about last August.

Before I became so, about July, Babica met me in the street. She begd me to be security for Martino, she said poor young man Martino he is innocent. Philip also entreated me to be security. It was nigh the same time, while he was in Prison, both before and after I met Babica. After he was released from Mr. Mottes Custody he lived first at the same house he had before lived in, afterward he lived in Bibbi Jannoo’s House.

On Shrove Sunday I saw Babbica in a Ho where there was a Wedding. Babica was attending the business there she presented me a Nose-Gay and askd me abt Joanna Elizabeth – she is the same Jannoo. Babica askd why Jannoo was confined. I said it was for Deft. Babica said it is her own fault, she had forfeited her promise to me, therefore both Jannoo and Babica are confined.

I said to Babica it is true they have forfeited there words to you, but that is no reason that Renaldo shod suffer for Pedro Marria who is now going about the Town. Babica said I do not mean that Pedro, but Pedro Carra-Cotta. I said I am told that Pedro went to Dacca and died there. She said, No. I assured her it was so, for I had certain information.

The Saturday following she brot Peons and Sepoys and carried me to Prison, and the next morning I was carried before Mr. Motte, he askd me, if my name was Pedro Marria, I said No. He then said he had given no Order to take me, the Serjt said it was by Order of Mr. Maxwell. I was then discharged. Abt a Month after Babica met me in the street

I was then talking with a Taylor at the door of his Shop, and giving directions abt Cloaths for a Girl. I said to her I was much obliged to her for sending me to Prison. She said she did not. I said it must be from her Mr. Motte had heard of Pedro.

She said it is not my fault. It is the fault of Renaldo and Jannoo. Had they given me the two Hundred Rupees neither he nor Joanna nor you would have sufferd. At present if he pays me four or five hundred Rupees I will get them clear.

Questioned by the Court.

I knew Babica above three years and a half ago. I knew her by her coming into the compound where I lived, to take care of a lying-in Woman. That Lying Woman did not belong to me, but to a Tenant in the same house. I have an house the property of my Wife, and I carry on Trade. I am in possession of her Property and intend to marry her, but I have not yet married her. I carry on Trade with Macao People.

Jeego Bibbi
Fourth Witness for the Prisoners

My Proper name is Elizabeth Andrews. I have seen Martino. I saw him at the Wedding. I know Philip. Joanna went to the House of her Mother – Philip was there. Joanna demanded Sixteen Rupees for which she had become security in the Court of Requests. Philip said yes, but you are indebted to me for Money you recd at my Wedding.

Jannos said if you will not pay the Sixteen Rupees, I will confine you. Philip said if you will not pay me the Money You had for my Wedding I will put You in Prison. Nothing was said about Renaldo Martins; nor about Philip giving any Evidence.

Juan Francisco

I know Martino. I first knew him in Bengal. I first knew him about fourteen months ago. The same night De Sowza was killd I went about half an hour after eight to enquire for a Man calld Juan Joseph Pilote, who owed me Money, Juan was not there, but there were many Men Playing at Cards, in Martino’s House. I knew some of them, one was Manuel Alphonso, he is gone a Voyage. Jose de Silva was anor. Faustino was there. Some were playing at Cards, some drinking. I think they were about Six or Seven in Number.

I was got about the distance of three musquet Shots from the House of Martino when I heard the Gun Fire. I keep a boarding House at half a Rupee a day for board, and for lodging if they choose to stay in my House. It is in Myr Juan Gully. I have lived there about fifteen months. When I went to Martino’s House there were Lights as usual and the door was Open.

Pedro Marra Sworn

I was one of the Party who were playing at Cards the Evening De Sowza was killd. I went at half an hour after Seven and staid till the Gun fired. I suppose that was at nine in the Evening. I played at Manilla. Jose de Silva, Manual de Silva, and another played at the Table with me. We Played in the Hall, and to go into the other room Men must pass through the Hall. I saw no Man chage his Cloaths, nor pass through the Hall in light colord cloaths and return in dark.

I was a Hair Dresser once. Now I have no employment.

Faustino was in the House and appeard to be ill.

1 Wts for Prisr Faustino
Jose de Sylva

I am a mariner, & have bn sometimes a Gunner of a ship. At the Time when Augustino was killed. Faustino had a Bubo – One Tuetonio a surgeon attended him, I saw him dressing it after it had been cut. The day when I saw it was the day before Augustino was murdered.

I was at Rinaldo Martino’s house on the night of the murder & staid there till the gun fired. I did not see any men come into the house in light cold dresses & go out again in dark cloaths. If any such thing had happened I should have seen it.