The National Register. — London, England, 1817-11-23 00:00:00

NOV. 24. APPEAL OF MURDER. COURT OF KING'S BENCH,—Samtuav, Nov. 22. W11.141A3t ASHFORD V. ABRAHAM THORNTON. The interest which the public feel in this extraor. dinary case increases hourly. The notification, that the Appellee would be brought up, this morning, thr the purpose of hearing the counicylea of the Appellant, attracted a vast concourse of people to Westminster ball, and the Court, at an early hour, was crowded to excess. Many ladies endeavoured to gain admittance, and several were fortunate enough to attain their oh-• ject. They stood at the top of the steps, on the right side of the Bench—a very inconvenient position—but curiosity is not ceremonious. The High Constable of IVestminster, assisted by a large body of Constables and Police Officers, attended tbr the purpose of preserving order. The steps, imme diately leading to the Court, were kept completely clear, its order to prevent the inconvenience which the Judges encountered, on Monday last, in their way to the Bench. A little before nine o'clock Thornton was brought into Court, by the private entrance, in the custody of Mr. Gibbons, the Tipstaff, by this means escaping the 4raze of the anxious multitude. He immediately took his scut at the centre of the Bar, one of the turn-keys of the King's Bench sitting immediately behind him. Ile appeared to be perfectly calm and collected, and surveyed the scene around him with all the unconcern of an inditkrent spectator. He was, as on previous oc casions, dressed in mourning. About half-past nine o'clock, the Appellant made his appearance, and took his station on the floor of the Court, near tae Student's box. The Judges took their scuts at half-past ten o'clock, whien Mr. Bedford, the Appellant's Solicitor, handed to him the counterplea, and made hint affix his. mark to an accompanying affidavit, in verification of the facts stated in the countetples, which was then given to Mr. Le Blanc our the purpose of being read. Lord Ellenborough—" Call the Prisoner." Mr. Le Blanc—" Abraham Thornton, come into Court." Mr. Reader—" He is present." Mr. Le Blanc—" William Asliford,come into Court." The Appellant stood thrward. Mr. Clarke—" The Appellant is prepared to submit Iris countceplea." Lord I.tienborough—" It must be verified by 'affi davit." Mr. Gurney—" His Solicitor is seeing to the attest ing, part ." Mr. Le Blanc—(exhibiting the counterplea, and ad dressing himself to the Appellant)—" This is your counterplea, and you swear the contents of your affi davit are true ?.' Appellant—" Yes." Mr. Reader—" The Master will be good enough to read the counterplea Mr. Le Blanc then read the counterplea, which was substantially as follows ; " Saturday next, after eight days of St. Martin, Miehael mas Tenn, in the Stith year of George 111. William Ashford V. Abraham Thornton. The Appellant submits that the said Abraham Thornton might not to be admitted to wage battle with him—because, lie saith, that before and at the ti:ne of his enterioh his appeal, there were and still are, the violent pilafs following that the said Abraham Thornton was guilty untie murder w herein lie is appealed." The cminterplea then detailed the circumstances which were given in evidence on the trial. "'That, on the _7lll of M.iy, in the 57th year of George 111. Xing, e. at the parish of Sutton Coldfield, in the County of %V ar wick, ;bout the hour of HIM: in the morning, the trolly of Mary Asliford, in the appellant's count mentioned, was found dead in a pit of water. That the body was taken out and examined by different creditable witnesses in this behalf —and, from that exa Minn, it a - as manifest that the said Nary Aslif..4 d had been recently alive, and that she had come to her death by drowning, as in the said Count was alleged. It also appeared, by the said exat ll ll ation, that some man Ii id carnal knowledge of her body—she having been up to that time a virgin—and on licr aims and shoulders the marks and • bnp cessions of a human hand were visible; the said marks and impressians denoting., that her at ins had been recently grasp. ed and lucid with violence.---[The evidence of the appearance of the unfortunate girl's clothes which were introduced here, and which ptuved decisively that she hail been violated is too indelicate to meet the intone eye.] --On cer tain grass, growing about forty yards from the pit in which the bed . ), 5 5 45 101111 d, these %rut e the marks and iniprestlion of a human figure ; front a - htell marks and impression it appear ed, 01:11 a human body had been lying thete, and o o the grass Pear the place, y q uantity of blood was seen ; and neat the said suit, divers other marks and vestiges of blood a ere apps tent. counterplea then stated, that traces of Mood act e observable, from the spot where the impression of the human figure Was seen, upon certain clover glass, and tin afoot. path neill* the pit where the body was found. It then set forth, that, on the c veniog of the 211th of May, the said Mary Ashford was at a flatlee at the house or one Daniel Clarke, and the said Abraham Thinnoun was also there—and express ed himself; of and coaeernniit the said Mary Ashford, in the presence and hearing of one Johns Cooke, in gros. to the tidbits hug effect—. I has e had carnal knowledge of the sister or Mary Ashfm 11, three times, and I will also have cal ni.l know ledge of her, or die by it." The said Mary Ashford and Abraham Thornton danced together at the house of the said Clarke on the 2lith May, and about 12 c'etuck night th, , y lett the house together, and walked towards the parish in Lvdington, m the rt 1111 l ty of Warwick. Atlanta three o'clock in the notriling of the 27th Slay, they were seen talking together at it eta taiu stile leading to FArington ; wad about four o'clock on the said 27th, Mary Ashler(' went to the holm of uuc Mary Butler, where she had on the preeel. 'TILE NATIONAL REGISTER. tug day left Some wearin z apparel, and remained there about a quarter of an honr, during which time she ap peared in good health and perfect composure of mind, and at the expiration of that period lea the house. The said William Ashford Nether said), that the said Mary Ashford, about a quarter of an hour afterwards, was seen in the pariah of Ashton, walking alone in a direction towards Langley, which was then the piaci of her residence; that there was a certain public foot path leading from Beii - 14DIt to certain closes—and that one of those , a short time before the 27th May, had been harrowed, which last inewioni close was near the pit were the burly of the said Mary Ash_ ford was f 1. On the 'miming of die 27th may, there ap_ peared and were mainfestedly in the said borrowed field, the footsteps of the sail Mary Ashford and Abraham Thorn. ton, the same having been c ~,,, pared with the shoes worn by the parties respectively. nom these it appeared, that the said Mary Asliturd had rnn and endeavoured to escape from the said Abraham Thornton, and that he pursued and had overtaken her in the said harrowed field, and it was then and there evident,trum the marks of the said footsteps, that from the harrowed field, they had walked together in a three- tion leading towards the pit where the body was found, and also towards the spot where the marks and impression of a • human figure appeared aforesaid, within about 40 yards ofthe said pit, where the footsteps were lost and eonlil nut longer Ire traced by reason of the hardness of the ground there.— There also appeared in the said harrowed field the marks of other footsteps of the said Abraham Thornton, from which it was evident that be had recently run by himself from the har rowed field in a direction leading from the pit, and no other marks or impressions of fititsteps were found or were visible. On the said 27th May there were visible and manifest on certain grass growing on the side of the said pit, where the body was found, the mark and impression ol• a shoe for the left foot. and the said A. Thornton on that morning wore shoes made to fit the right and left foot,as appeared oa exa mination. On the 27th May, the sail A. Thornton was searched and sirippeil in the presence of several witnesses, and the shirt and inside ol• the clothes of the said Abraham Thornton were then and there marked and stained with blood, and on the said marks and stains being discovered. the said Abraham Thornton declared that he had carnal know. ledge of the body at thg, said .Nary Asliturd, but that it was with her own consent.—And this the Appellant is willing to verify, when and where the Court shall appoint; and he prays that the said Abraham 'Thornton may aut be permitted to wage battle against him. The Mark of William Ashford. The counterplea having been gone through, Lord Ellenborough desired that the affidavit in veri fication should be re-ad. This was accordingly done, nearly in the following words:— " The Apppellant hereby maketh oath and saith, that the counteipiea hereunto annexed is true in substance and fact, as he verily believes." Lord Ellenborough now called on Mr Reader, the leading Counsel fur the Appellee. Mr. Reader—" I am quite sure the Court will not expect from me, on the part of the Defendant, an im mediate replication in answer to this counterplea. My motion, therefore, shall be for time to consider the answer." Lord Ellenborosgh—" What time do you desire ?" Mr. Reader—" 1 think, my Lord, there would be no prospect whatever of this cause coming to an issue in the course of the present Term—and as that is the case, I am certain, in a matter so very rare, of great im portance to the public, and of infinite importance to the individual, time will be allowed. I am anxious to have as long a period as possible, and, thcrethre, I ask for time until the second day of next Term. I ought, perhaps, to state, that it will be necessary for me to have the plea recorded of the acquittal of this person on the indictment, because a great part of what your Lordships have heard on this day (my Learned Friend behind me, Mr. Reynolds, says all you have heard') I am not prepared to state that, but a great part of it, infinitely the important part, did certainly appear at the time of the _ . . Mr. Clarke—" We can hear nothing about that." Mr. Iteader—" From what I have stated, it will be necessary for me to have the plea recorded; and consi dering that by asking for this time I don't put the par ties, in a ditktent situation from that in which they now stand, fin. I believe it would be next to impossible to come to the final result of the question. this Term, therefore in a case of so much novelty, 1 am most anx ious to be allowed as much time as possible. " . . Lord Ellenborough—" It appears from your state ment that it may be very necessary for you to resort to the record, and as the 'ferns is so far advanced as to render it extremely ditlicult for you to come to issue this Terns, it may be proper to allow an extention of time, If it goes over this Terns, the pleading ore icums in this Court must be proceeded in next Tenn. I should however, like to know whether any objection exists at the other side ?" Mr. Clarke—" If your Lordships think the time is reasonable, we cannot object to it." Lord Ellcnborough—" One would certainly allow a shorter time if the Terns was not so far advanced; but I believe it expires on Friday next ?.' Mr. Ileader—" Yes, my Lord." Lord Ellenborough—" They must have an order from a Judge to have is copy or the record and acquit tal--they must send down for it—and souse convenient time bust be given them to consider of a replication to put in to this ple►; therefore it is impossible, in point of justice to them, to force them to a replication this Term." Mr. Clarke—" We are perfectly warts to do what the Court way direct.'! Mr. Reader—" If the Term were not so near its doses I should be extremely anxious to bring this question Io a conclusion—but, under existing circumstances, it is impossible to effect that object in the present Term." Lord Ellenborough—" Then take time to reply till the second day of next Term " The Defendant was then taken from the bar in the custody of the Tipstuff, and the Appellant withdrew wit!& Mr. Bedford, his Solicitor. The crowd pressed round the parties in the Hall air they retired, anxious to get a sight of the principals in this extraordinary proceeding. TILE DRAMA. DRURY-LANE. A Crand Selection of Sacred Music was performed on Friday flw the benefit of the minor performers. Upon this occasion the theatre was hung with funeral emblems, as was the Box formerly occupied by the Princess Charlotte. After tile Dred March in Sant, a Monody, said to be written by Mr. Campbell. ass spoken by Mrs. Bartley. COVENT-GARDEN. This Theatre re-opened on Thursday evening with O'Reefe's comic opera of The Castle of Andalusia and The Father and his Children. During the interregnum occasioned by the late melan choly event which must long universaly press upon the heart, and check the pulse of joy, some alterations partly judicious and partly unsuccessful have been effected. Of the former, the embellishment of the grand chandelier merits recording ; a considerable relief to the sombre and heavy appearance of the tunnel which conveys the heist from the house through an apperture in the ceiling is now afforded the admission of light through lattice orifices above the ornamental part of the verge enveloping the lustre. Deep vandyked strings of cut glass tastefully intersected by rich tassels of the same material have been added to the circles of gas burners and contribute much to adorn and beautify the whole. The auxiliary lights which hung over the dress circle have been removed, and a number of Grecian lamps ranged at the back of the boxes on this scite have been substi tuted. The effect is that of a mild and chastened medium of light, and us regards the purposes of the stage it is decidedly an improve. ment, but when the general appearance of the house is thrown in* the scale, and a display of the auditory is considered, the alteration, subversive of both, will we fear, encounter that deprecation and regret which etutoni and fashion will not be able to subdue. Of the Theatre having opened so immediately subsequent to the interment of our lamented and beloved Princess,—but a few hours beyond those devoted to tears and religious supplicarion, we fee! called upon to express an opinion. When the precarious and al most unproductive nature of theatrical property, conjoined withithe circumstances of the suspension of perfomiances, depriving numer ous families of their daily subsistence by the salaries of the inferior assistants of the concern (ir, common with the rest) being withdrawn is duly weighed, we cannot think u single voice will he raised in op. position, inure particularly as that species of entertainment according with the feelings of the occasion, and assisting to exhalt and motif" OW grief was attainable. The rival home appeared to have enter tained just and cornet notions upon the subject. It was not in the resumption of the purposes of the institution, but in the selection of entertaniment that the error existed. Such was in every degree ill. judged, and as far as observation teaches us, failed (from the thuiness of the house) of the object which we know to have been protected from humane considerations rather than hopes of emolument on the part of the proprietors. It is stated, that the Commissioners of Lands intend to make application to Parliament, in the ensuing Scs. sion, for leave to enclose 5278 acres of Epping Forest, (not the whole, as reported) and to remunerate all per sons who can shew a just claim to any part of them.— The object is to encourage the growth of timber, which is very much retarded by the encroachments of the deer. Independent of the above 3278 acres, there arc about, it is reported, 9 or 10,000 acres belonging to his Ma+ jesty. Gold has advanced 611. per ounce, this week, being now at 41. 0 6d. standard silver is at ss. 34d. It is gratifying to observe the rapid increase of Say., ing Banks iu different parts of tke kingdom ; indeed the nature of these excellent institutions requires only - te be understood to be duly appreciated, and the follow ing circumstances which have been communicated to us, prove the utility of them were they are now esta blished. On the first day of opening the Saving Bank, . at Wetherby, in Yorkshire, 2801. were received, and on the second day more then 6501. ; most of the money belonged to servants, and hail laid t 4 years in old boxes where, litterally " moth and rust" had corrupted it. This proves the utility of them. But at Halifax, in the same county, where there is no Saving Bank, a benefit siciety kept their club box in a school room - adjoining a meeting house; last week this house was broken into, and the box stolen, from which, however, by mere accident, 1501. had been removed a few days before. This proves the necessity of other security for such deposits than houses, " where thieves break through and steal." It has been very properly stated, to prevent any un. due alarm at this time, that only one woman inAf ty thousand die in child-birth. Dr. Croft attended the funeral of the Princess Char.- • lotto, and he afterwards dined with the Equerries, &c. of his Royal Highness the Prince Regent. Prince Leopold ha.s apprized the Duke of York of his intention to visit his birth-place, and return to Claremont in the Spring, never more to quit,it. In the ruins of lierettlanetini there lt oie lately been found 104%4'9 which were INikl , / under the Irian a Titus, sort shish sail nears the bake is mai k, indicating the quality of the floor, whieh was probably preset died be regulation of the police. "[lucre have ae'o been fousilii tonsils of 'trona*. instead of tieing tinned like oars, ate well silvered. 'rho ancients doubtless preferred this method as more 41 itt OA • some . land more tlitrable.—heeniug Paper. The festival of Faster, which sonn:/tiines falls so, late as the 43th of April, will, in the ensuing ye-v., ti.it h. fall on the earliest possible day, viz : the etki of March. 'flits. circumstance will not occur I again till the year f.:283, a period of 444 years, The di t r eren , ruovm , able feasts and terms, and the Summer Circuits of the Judges, a a, which depeitcl 011 the fallhls of limier, will be early in proportion..