Star. — London, England, 1823-12-05 00:00:00

715re...1 • S~ am %ttmtd forlbe.k a Jury then had their names called over ; stnethe . follawing twenty-three Gentlemen having an swered to their names; they were declared to constitute she Grand Jury, and were sworn accordingly : The Hon. W. Lainb, of Hatfield, Foreman. Right lloq. Sir Gore Ouseley, of Hartingfordbury, Bart. Sir J. Sanders Sebright, of Flamatead, Bart. Sir Culling Smith, of Essenden, Ban. Sir George Duckett, of Cheshunt. The Hon. Baron Dimulale, of Essenden. Henry Cowper, of TeiVing,' Esq. . William Baker, of Bayford, Esq: Thomas Ryder, of Ware, Esq. Nicholson Calvert, of fivnadon, Esq. Thomas Byroo, of Myron', Eq. Samuel Smith, of Watton, Esq. Thomas Daniell, of Little Berkhempstead, Esq. Daniel Giles, of Standon, E4q. Adolphus Mettkerke, of Joliam, Esq. • Patrick Haddam, of Shenley, Esq. - Thomas Nash fiembl.., of North Mimms, Esq. J.,seph Bosanquet, of Braekhourne ' Esq. William Robert Fhillimore, of Aldenham, Esq. Edward Rumbold, of Watton, Esq. • • William Wiltshire, of Hitchin, Esq. Jahn Currie, of Essenden, Esq. William Heygate, of North Minims, Esq. Twenty-three Gentlemen having answered, the other Gentlemen.who had been summoned were excused from further attendance. The Grand Jury having been sworn, the prod ima lion against vice, &c. according to the customary form, was read. Silence was then commanded, when rheJudge delivered the tolloviing Charge/ to the Grand Jury : THE JUDGE'S CHARGE. Mr. Justice PARK—Gentlemen of the Jury, you art here assembled at this unusual season of the year, in consequence of the Special Commission of his Majesty, ' of Oyer and Ter miner and General Jail Delivery, for the trial of such offences as have been committed in this and the neighbouring counties -since the Summer . sizes. The service in which you are employed is one in which you are called upon to perform one of the most important functions of civil society ; namely, in the ad. ministration of public justice. From the general ap pear:nice of all the Gentlemen I see arnund me, I am satisfied that his Majesty's - wisdom in issuing these Commissions will never be frustrated—for frustrated it would be if they were not attended by persons of the first rank, respect, and dignity ; because their absence would have a tendency to lessen these proceedings in the eyes of the common people of England. Nothing can be more inipoitant than to sustain the pure admi nistration of justice, with the sanction and the counte nance of all honourable and right-minded men. The calendar, I am sorry to say, contains a number of of. fences, many of them of a very criminal nature; but what the result may be, I neither can judge, nor is it for me to ju. - ±ge. Notwithstanding, however, the vii= riery and the number of offences and offenders, it neither appears necessary to me nor my Learned Brother (who kindly favours me with his presence and assistance on this occasion), to address you at any length on most of these crimes; and I am sorry to say they are of such a nature, as must weekly, and I might say daily, occupy your attention as Magistrates. The principles of law applicable to them I consider to be as well known to you as they are to my Learned Brother and myself. If in the course of your investigation you should find as sistance necessary from us, it will be fully and most cheerfully afforded. There is one case contained in the Calendar on which it will be necessary for me to say something, because 1 understand it has made a great noise in the world. .1 do not say this idly; for I can say with truth, that with the exception of the perusal of the depositions judicially coming before me when I was informed I was to attend this Circuit, I have cer tainly abstained from reading one word on the sub ject in any of the public pints ; and so far a more impartial man, as to his opinions on the subject could not be sent, and never entered a Court of Justice.— Before we come to this, however, I have to make a few preliminary observations. The language of rebuke is never pleasant to me—it is hostile to my feeling and disposition—but when employed in the office of admi nistering public justice, I regard nothing but the full and fair discharge of my public duty. I have been isfrained that these depositions were most copiously dispersed throtighout the country by the public press. The first fault, no doubt unintentionally, originated with the Magistrates. This I do not say by way of censure; but still the first fault I say oi-igmatedlis the Magistrates' allowing any person into their • private apartment to take notes. I hold, and the other Judges hold with me, and so does every one who knows the subject, that there is a vast difference between the in quisitorial and jtilicial power of a Magistrate. In the latter, everything ought to be open, and lot myself I always wish the case to be so, though I may err like other human beings, uho'must do so because they are human. When a Magistrate was making inquisition, especially in a case of blood, it was of the first import ' ance that the depositions should not be generally knoWn. A contrary d.uctsine 'could not be listened to for a moment, for the Statute Law was positive. 14- . yards of 209 years ago.the Statute of Philip and Mary declared that all :deb depositions ihould be taken in n riting—and why ? In order to transmit them to the Judges of Oyer and Termirier:' And Whit his been the practice? I can appeal to all experience that the :teemed or his adviters shonld hot see them, and very properly. The prosecutor and the officer of the Court may see them, and it is necessary they should, but no c her persons. Let us see what is the consequence of their publicity. Why it is this—that the accused knoWs every•word which is to be atiduzed against him in evi dence, and may by this means defeat every of of the law. Gentlemen of the Jury, even at this moment, n hen I am now addressing ypo, you will see the force of the observations I have just addressed to you upon this sub-' ' ject. You, Gentlemen, are sworn to keep the King's • counsel, your own secrets, and that of your fellows.— But to n hat purpose is that oath, if that to which you • arc sworn is already before the Public? I say this, Gen- Omen, in order to preserve the purity of public justice. Highly as I hold the Freedom of the Press, - I consider Trial by Jury - -as a palladium still . higher; and it can only retrain that palladiuM as long as it is preserved pure and incorrupt. I cast no inflections upon any tieutleesan; but it must be obvious that there are many . cases is which it would be highly dangerous to an ac cuser to be known as such—it might be also dangerous to the accusedt. araltho-aeseesit; for my addressing you :bow , convinces me that such a pollticission most materially impedes the march of pub*, butice. It compels the Judges to address Gentlemen like yon • . all their energy —if they possess energnin order to pre v cot any imprnper bias from operating ou your mindsab— ' Oil the whole, perhaps, it navy he more favourable to the actassed, I now speak of she publicatimsof evidence before ial beocisietier awned which the taw Dever. ' -, .. on which his accusers rely to sustain their prosecution. Whether, however, it be beneficial to one or another, or flisacivantageolis toroth,. it cannot be free from blame that such things should exist. And here I May state St, as the opinion of the highest authority, as the opinion of the Court of tCing' Bench, mull may add, of al-, most every Judge in Westminster Hall—as the opinion of the ablest lawyers for these last hundred years—that the publishing evidence a priori, upon which a criminal procedure is to be subsequently founded, and to print that evidence with notes and commentaries, is a high niisdemeanour, for which the . party.is liable to be pu nished by fine and imprisonment. This is the law of the land, though those persons who are not deeply read say otherwise, and find fault with me and others in my situation, because, holding such an opinion, we do our duty by stating it. With respect to the publiCation of one part of the evidence, I must say it was at least ill advised. I really, however, fear there is a something in the public mind which rather leads to it. There is a love for everything that is rare—a prutieney for novelty—an appetite like that of the Athenians of ()Limbo were always desirous of something new, and to be satisfied must be continually fed. Notwithstanding this, I still think that a little consideration should have taught the persons 1 allude to a different lesson. Of all things in the world, to publish a confession must be the most ill-advised, as it could not be known whether it would or would not be adduced in evidence, until I, or some one in my shoa l tion, officially gave an opinion upon the subject. Upon this, however, I shall now say no more. From what has passed, and from what may pass, I hope a little tender consideration will be produced in those persons who might have meant well, but who in this instance have I think gone too far; for that much mischief has accrued from it, no man can now rationally entertain a doubt of. —Now a word or two as to the crime itself, as charged in the Calendar. I find it charges John Thurtell, Joseph Hunt, and William Probert with the crime of murder— s serious and an awful crime, under s% hatever circumpl stances it may have been committed.• In this case I do not know what the intention may be; whether topless*. cute the three as principals, or one as in the first or second degree, or one or two as accessaries before or after the fact. In the three first, the legal result to the individuals is exactly the same, however the form of the indictment might induce a different qpinion in uninformed persons. I need not tell you, Gentlemen, that the principal in, murder is the man who commits the act by which muri , ' der follows; and the principal in the second degree,' by aiding or abetting, is equally guilty, though he may, , not be actually present. If any one about to commit a crime obtains the assistance cr uses the privily of ano ther, the person so lending himself is a principal in the second degree; for he as it were keeps watch and ward in order to afford the guiky principal the means of effecting his object. An accessary before the fact also may not be on the spot, but Who, before its commission, assist in its furtherance, by aiding. comoselling, or ad vising, he by the fact becomes Ito. 4n accessary after the fact is he who with a, guilty knowledge receives, harbours, or entertains a principal felon or felons, Whe- . ther any distinction, and what, may be made in the case of these parties I cannot tell yon, Gentlemen, but you, will no doubt attend to it. According to what - I have read in the depositions, the crime charged appears to be marked with great atrocity. Like most-eases of rout der the proof consists of circumstances. Who could tom.' mit such a crime in the face-of day, or who even so coq-.. mittiag it, but fancies that he doesit is Secretand is enve. loped in darkness, forgetting that that Eye from... Which nothing is hid is watching 'his foul deed!. To a mind accustomed to reasoning, circumstantial evidence must be more satisfactory than the positive evidence of one or two witnesses; because, if the same essential facts are got at (the differing as to trifling circumstances) from thirty or forty persons all chiming in together, and each forming a link to connect the whole—it must be much more convincing than the positive testimony of a few people, upon whom the Jury must rely. One ch. cumstance, Gentlemen, I have discovered upon reading the depositions, to which I must request your particular attention. I find that a person is either removed, or to be removed here as a witness—this person is a female,' Mrs. Probert--and as the wife of the person accused, I have no difficulty in stating that if the three persons, Thurtell, Hunt, and Probert, are jointly indicted for the same crime, her evidence cannot be admitted if, she be' his wife. Ofthat I say nothing, because I know nothing, and 1 wish to say nothing improperly. If the in dictment be of the description I have stated, she cannot be called to convict her husband, *nor be heard in exoneration ofhim—the law not permitting a wife to be an evidence upon a criminal procedure. I have now, Gentlemen, little more to say. 'I am afraid you will think I have already detained you, tod long; but I have done so from an anxious desire to leave no thing undone to satisfy you. In investigating this sub ject, you are aware that you are not to try the case— you are not to inquire into the truth or falsehood of the charge; you are not to inter into all the pros and cons, but you arc to see if there be probable cause to put the accused on their trial - . You are not the trying Jury, and if you were to take that province upon yourselves , you would be taking that right from Others, who might in the case of any difficulty, hare the benefit of my ad vice, if any benefit they could derive front it. You will now, Gentlemen, have the goodness to proceed to the business of the County. As I said before; air ob ject and that of my Learned Brother has been todis patch the general business, and in furtherance of that motive I shall not now detain you longer. The Grand Jury then-bowed and retired. PROBERT ADMITTED KING'S EVIDENCE. The charge of the Judge (with reference to Mrs. Pro. berg, as well as some other circumstances which bad occurred in the course of the day, altered the intention of the prosecutors, and new indictments were imme- diately prepared for the Crown. - - It *as said late in the day, that the change in the proceedings of the prosecutors bad been determined upon before the Court met this morning ; that instruc-1 tions had been brought to Hertford at two o'clock thfsl morning, after a consultation at midnight on Wednes-1 day with Mr. Gurney and Mr. Selland in town. At ten minutes before three o'clock, Mr. Baonatca, one of the Counsel for the prosecution of Thurtell and others, entered the Court, and addressed the Learned' Judge, as follows : 44 My Lord, I am instructed to move pair Lordship for an order to carry William Probert. ore of the persons charged with the murder of Mr. .Weate in the month of October last, now in the custody of.the jailer of this county, before the Grand Jury, is orsletthat he may give evidence touching the circum stances stf that offence. My Lord, Ido not make this .apislicsuiries• esp: essii on my own responsibility, but aft fortianthy the opiainn of a persOn much ' ject—l allude to the individual vs whom the amuse ment of the prosecution has been confided." .. Mr. Justice PARC I ::-. 4 I do tot mean to say anything that can be interprdted as Battery towards you, Me. .lirodrick; but I am sure, that if you did noethink the application essential bathe purposes of justiee, yeaviduld 'ins! have matte it. The thing,. however, is so much a matter of course, that I can have no objection to grant the order." Mr. BRODRICK repeated, that the application was not made solely on his 010.-responsibility... It was thought essential to the ends of justice that Probert should be admitted a witness for th eCro,wn,andyn-that ground only th e motion had been deterthiried on. There were many circumstances which it was not then necessary to state, which .rendered.this course necessary. Mr.Jnstice PAIIK said, he knew nothing whatever of the circumstances of the case; but certainly, upon the -ap-plicatiotrmade, the order in question should beg ranted, anti Prohert should be t•tken befote the Grand Jury. The Clerk of the A ssize•then proceeded, in obedience to his Lot dship's desire, to prepare an order for Probert to be carried before the Grand Jury. . Mr. Wilson, the Governor, with a face of gladness (for he had some partiality for Prober* proceeded to.l grobert, and told him that he was about to conduct him co the Courthouse. Piohert—" For GOD'S sake, Mr. Wilson, what am Ito he brought for?" Mr. Wilson— " I can only say that it is not for any harm. In short lAm delighted to inform you that you ate to be re ceived as King's evidence, and I am now to Wing you before the Grand Jury for the purpose of being . ea-, strained." Probett was so overpowered with his feeitor that he was scarcely able to stand., He was coudeett in a chaise to the Court-house, and appeared in• the, most dejected condition. He had scarcely arrived when he was summoned before the Jury. Mrs. Probers was brought down to the Court-house about.the same time. Mr. Nicholson communicated to her the intelligence that her husband was admitted as a witness, but the dis played no marked degree of pleasure at the intimation. At six o'clock, Mr. Justice PARK having gone through the cases before him, adjourned the Court to his lodg. ings, to which place (it was intimated) the Grand Jury were to be conducted on their forming their decision.— The other Court was shortly afterwards adjourned by Mr. Justice HOLRoYM—MT. Justice PARK stated, that he should come into Court in the morning precisely at leight o'clock. • INDICTMENT AGAINST THE PRISONEES. At three o'clock it was publicly known that the In dictment against the prisoners had been completed. Afteriong and assiduous consideration it was deter mined to indict Jolla Martell as Me Principal in. the commission of the murder, and Joseph Hem as an Ae eessary before the fad, and•to admit Probers as •it Evideatce for Me Crown. The Bill was then taken 'into the Court, in which Mr. Justice Houtoyo was pre siding, and all the witnesses were sworn to give evidence before the Grand Jury. Probers and his wife did not meet on this occasion. • • The following is a copy of the Indictments e , ~ • ; 41 Heatroainnten to •Wer.—The Jurors of oar Lord the • . upon their oath present, that Jobe Thurtell, law of the parhlil `Aldenham, in the county of Hertford, labourer, not having theatre of Goo before his eyes, but being moved and seduced hy the insti gationtif the Devil, on the 24th day of October, in the Year of our , Lean 1823, with force and arms, at the parish of Altlintham afore said, in the county of Hertford aforesaid, in and upon William Wm*, in the peace of Goa and our said Lord the King, then and 1 time being, fehroiously, wilfully; and of kb wage *forret bought,. did make an assault, and that the said John.Thurtell, with a gertain pistol 1 of the value of los. which be the said John Tkurtelrin his right hand than and there held, the said William Weare, in or upon the left side of the head of tint the said William Weare then and these felo niously, wilfully, and of his malice aforethought, did strike, force,' and penetrate : and that the said John Thurtell, by such striking, thrusting, forcing, and penetrating the pistol aforesaid, in, upon, and lino the left side of the head of him, the said William Weare as aforesaid, then and there feloniously, and of his malice .afore thought; did give unto him, the said William Wear., in and upon the left side of the head of him the said William Weare, one mortal fracture, of the depth of two inches, and of thewidth of one inch, .Of which said mortal fracture the said William Weare did. then and there die. And so the Jurors, on their oaths, aforesaid. do say, that the said John Thurtell,:him, the said William Weare, In marrow and form aforesaid, feloniously, wilfully, and of his malice afore thought, did kill and murder, against the peace of our said' Lord the King, his Crown and dignity, and the Jurors aforesaid, upon their oath aforesaid, do further present that Joseph Hunt, late of the Parish of Aldenham-, in the County of Hertford,aforesaid, net hav- 1 lug the !ear of Goa before his eyes, but being moved and seduced by the instigation of the Devil, before the felony and murder was committed by the said John Thorson, in manner and form afore said, that is to say, ea the same day and in die year_ albsesaid, with force and arms, at the Parish of St. George: Hanover-equare in the County of friertfotd, Barmaid, him, the said Jobe There'll, to do and commit she felony and murder aforesaid, In manner and form aforesaid, atatickanty, ildeniously, voluntarily, and of his ma lice aformlniaght, did ado op and move, abet, procure, command, bite, counsel, and direct; mutest the peace of onr . said Lord the King, his Crown and dignity- . . " SICOND Coost.--.And the Jurors aforesaid, upon their oaths aforesaid, do fitrtime present that the said John Thurtell, here tofore that is to say, on the same day and in the year aforesaid, with force and arms, In the perish of Ahlenhasa r is the county of Hertford aforesaid ; in and upon William Wean, in the peace of Goo and our said Lord th e Ki ng , an d there bein, feloniously, wilfully, and of his malice aforethought, did Make an assault; and that the said John ThurteU, with a certain pistol of the e of ten shillings, which be the said John Thurtell held • f ti ts right hand, then and a l er t , to wi t , at the pariah of Al. ham, in the county of Hertford • aforesaid, had and held • mid William Weare in, upon and into the left side of the bake him the said William Weaie, then and there to wit, at 112 of Aldenhant, in the county of Hertford 'aforesaid, • sly, wilfully, and of his Mabee aforethought, did strike, • forte, andlenetrate • and that 'the said John Thurtell, by durnald last-mentioned striking, thrusting, flitting, and penetrating the pistol last aformid, l_ ,11 upon, and into the left side of th e h ea d of him the said William Weare, as list aforesaid, then and "there, to wit, in the parish of Aldenbam, in the county of Hertford' Aire. said, feloniously, wilfully, and of his malice aforethought; did give unto him the said William Weare, in and upon the left side of the head of the said William Wean, one mortal &await Of the depth of two inches, and of the wid t h o f one inch ; and'Otat the isid John Thum% with a certain knife or the value Of sixpence, Which the' said John Thurtell then and there, QS wit, at the parish Of Alden ham, in the county of Hertford aforesaid, in his tight hand lied and held, the said William Weire In and upon the left side of the neck of him the said William Weare, then and there, th‘seit, at the parish 1 of Aldenham, in the county of Hertford aforesaid, feloniously, wil fully, and of his malice aforethought, did strike, woiiiid, cut, mid' penetrate, and that the sald John Thurtell, by stith strildni, woria: him cutting, and penetrating, the said Villiant.Wedre, in, and the.left side of the neck of him the said Win.'Weire; Olen and there; to wit, at the said parish of Aldenbam, In the eottelf of Heilf aforesaid, feloniously, wilfully, and of his malice aforethought,. de ' give Unto him the said Win.Wearv, in and upon ' the , aid! ott • neck of him the said' Wm.Weire, One m o r ta l weimcf 'of the depth Mr shore, of the width erste Web, ind Of the length M two Mats, , width said last mentioned Mortal fmciure,ofwilich said esnrtireeeiwt, ..said William Weir; did then and ,tiste, to wit, at did; irtithae l at Aitienhain, in the eountfitliereirtkituria44 ''Al 14 tiel Auer, aforende„apon their Oath slores4 !di; !ay; 'chit' tae Mat john ,Thurtell, him the said William llVdie; In Warne' and firsiit rest aforesaid, feloniously, wilfully; anti' of Ws mace 'aftsietlearritit; .flee and there, to wit, at the paiish of, Autophon, in th e county 61 jlienford, did kill ;ad murder, y, noi peace. or. our ea id ' Lon 1 121410112, his Clown and dignity... And; the Jurors aforesaid, upo their oath aftsmald, do forn"it moan that thoolid Joseph He before No Illotao*Okl_ felony , 00liintrder was emiunktra by sill .fol* 0 lb. mama- aunkftienkfogynittoood, tr .,....Atel 61111 41 . 1 1,141 01 ) 1181 Ancl j et the ep2. -L- t. , .... and crus e _ '"Ii• ••... A., - --• . - " ' co do and commit the felony and ms and form last aforesatid,rnaliciossly, his malice aforethought. did Stir up. hire, coon& I, and direct against t: Ring, his Crowii and dignity." FINDING OF A TaUE BILL HERTFORD, THURSDAY .14 the information of the favour case had taken being comm evinced very little emotion lloi,t was ioformed of t FlAnmEn, and was a good din too, feels somewhat indignant cf mercy to his client should favour, and the rather induce ring's evidence instead of Pri In addition to the oral test Grand Jury, a large and well scene of the murder, and its n, before them, from when-..e thr judge of the evidence which v contains'a representation n a o the grounds, pond, ont-horisr as to form a sort of picture m: While Probert was on his I Room, he pased Thomas Thu hands in a cordial manner. more in.imate with Thorn;ts ti he had given his evidence, wa John Thurtell, on heaths: , t mitted as a witness, express;cl, was equally surprised when Hunt was to be tried with h with Thurtell nearly the wliol nesse', who were in number been reduced to sixty-one. 1 afternoon in the apartment Room, where their names wet ' Mr. Lone. Among them NI ther to the deceased ; Mrs. Pt Fuld, nf the Artichoke, .Ehtr Mr. Nicholls. .Probert wax fifry-See nista and was immediately succeed also a long time under Aamii affected by some part of her t necessary to get her a glass of the last witness called in.—', were examined. When thf Jury had finishe nine o'clock,-they were condui Court to the Judges' lodglogs, livered the Bill. having f, and JOHN THURTELL JO . Among the vitnesses for, th and Ituthven, of the Bow-strei and Nicholls, and others from dei s by a summary proceedini such of the London thieves au think this a proper place- at ferrying on their depredations The defence of Hunt will t sign alone. It is cajculated the evidence fur the Crown wil The Court-house has-been a cnodation provided for the Gen port the proceedings. Two .r erected, syld the liberty of acce cured tinder the direction of the,police. Double the num, been sworn in by the High SI during the trials, and a considi constables are, tn be in attends; EVENIP .1,614D4 FRIDAY, DECEM Tilii FIT! STOCK EXCH A NG Consols termed this morning at 1 main steady_ op to this hour. vo Rill G N Very ilttio is doing tbls morning in Bonds, whit* opened at 111 to 27.. 7 scarcely a bargain los been' done. .Current Prioni New Spanish not Wan GO, Poyaladito. PRICE OP STOCKS Al Bank Stock 225-3 per Cent 3% per Cents. 97 1 -4 per I Imperial 3 per Cents. 82% — Exchequer Bills (CLOW) 49 In‘ia for Acct."269l4—Con, We have devoted a large p that subject of intense and app at Hertford, for the murder of given a faithful and connected the proceedings, up to the laces been received. The withdrat against Probert, ,and admittic will, it is supposed, prevent the for the prosecution calling so n have been necessary to establish parties, by a more remote cbeit deuce: but as a n2otian would Opening this morning, for si new' the arguments of Counsel ai affidavits Will occupy a consider -We . bad written thus ler wbe'tt ' from Hertford:. .• ,•.' • tr • yih.)l , ,-• Ford, rittat The interest excited thii mo At eatly'as TOtir O'clOcAclhe di besieged by an anxio . Us crowd teeti that they Were 64eJ24 freMenaans, aid it WZO saute til bt from the jai to iht\C67ro:haus raci4e.i .) iirt);:e ttrkilitios, to ludikt et : engin into; C 4 At eitlik4i;ck.,Precisely. th Micill/40411;IF:e.tatID, -