HC Deb 23 March 1865 vol 178 cc84-6
MR. ROEBUCK

said, he rose to ask the Secretary of State for the Home Department, Whether he has seen any necessity for inquiring into the conduct of the Police on the trial of S. Pelizzioni for murder; and, if so, to what conclusion he has come on that subject? He put the question on the part of a very worthy gentleman, Mr. Negretti.

SIR GEORGE GREY

replied that he had not found it necessary to institute any inquiry into the conduct of the police, for no facts had been laid before him to warrant an inquiry, but all the circumstances would again be investigated before a Judge and a jury. The facts of the case were well known. Pelizzioni was charged with the murder of a man named Harrington, tried on that charge before Mr. Baron Martin, and found guilty, not on circumstantial evidence, but on the most direct evidence of several witnesses. Mr. Baron Martin, in reporting on that case, expressed his entire concurrence in the verdict, but at the same time stated that, though the facts justified the verdict of murder, the circumstances of the case were such as, in his opinion, did not require that the sentence of the law should be executed, and be suggested that the sentence should be commuted for some minor punishment. The learned Judge, however, added that, as proceedings were to be taken against another man for the same offence, it would be well that any decision on the matter should be suspended until the nature of the evidence in the second case should be ascertained. The other man, Gregorio, was tried before Mr. Justice Byles, and was convicted of manslaughter, and he should have been glad to take that verdict as deciding the case, but by a communication from Mr. Justice Byles he was informed that that verdict was not satisfactory to the Judge. He (Sir George Grey) had thought it right to send the notes of the second trial to Mr. Baron Martin, and to ask his opinion on the whole case. The learned Judge had written a very detailed report of his opinion, and expressed his entire concurrence with Mr. Justice Byles's opinion that the verdict in the second case was not satisfactory; adding that the case required much consideration, as it was one of great importance with regard to the administration of the Criminal Law. Under these circumstances, he had thought it his duty to submit all the papers to the Law Officers of the Crown, and, as there were two other cases in which true bills had been found against Pelizzioni for stabbing, he asked the opinion of the Law Officers whether there was sufficient evidence for putting Pelizzioni on his trial for the minor charge of stabbing, and whether they advised that this course should be taken. Both these questions having been answered in the affirmative, he had directed that Pelizzioni should be put on his trial at the next sessions for the minor charge of stabbing, and he hoped that the trial would have the result of clearing away any doubt on this subject.