The Statesman. — London, England, 1824-01-08 00:00:00

I ter, of minus it followed that be could net have.been aided and assisted in it by Hunt. If, however, they thought Thurtell ivitty; it did not follow that Hunt was guilty also, as the two cases stood on different grounds. He hoped they understood the distinction he Mil drawn between the cases of the two' prisoners. They had heard the defence of Then'.ll; and part of it, towards the close of his address, if it really were his, din him great credit. It was manly, energetic, and proper. This praise appeared justly due to that part of it. He (Mr. Justice Park) was, as every one was aware, who knew him, not disposed to go out of the way to say harsh and severe things of any one. But be could not a pprove of the middle part of the defence. It contained a 'reflection of Tales, mere Romsnues, for aught he knew, from the " Percy Anecdotes," him jest books possibly, or from the. Newgate Calendar. Who knew any thing of these ? and what weight could they have as authorities ? The opinion of Lord Hale bad been referred to as to the ippropriety of convicting of Murder or manslaughter where the perpetration of the deed bad not been proved by the finding of the dead body. This opinion, though not bear 11.1( on the present case, was one of great value; but what ever weight it bad, as here introduced, it had been greatly weakened by the effect of that farrago with which it had been, to say the least of it, most injodiciously connected. The Prisoner had argued on the ground that if circum stantial evidence were acted upon in a case of murder the ienocent might sometimes suffer. if this doctrine were carried si far as the prisoner seemed disposed to carry it there would be an end of human judicature. If we were ;rifted with omniscience, to see every thing, in that case circumstantial evidence would be out of the question. But how, while we arc as we are, could justice be adminis tered if circumstantial evidence were rejected? Thoug h in human judicature , as in a ll which concerned men, to the course of some hundreds of years, a few instances might b. found to occur where the innocent bad been punished as guilty ; yet the wisest and most enlightened Judges and the most eminent men who bad filled the respectable situations of the tientlemen near him, as they well. knew, fisd been of opinion that nothing could bring . such sails tlietory conviction to the mind as circumstantial evidence generally afforded. For the witness, Probert, in this case, he would admit that a more infamous character had never presented himself in a Court of Justice. The r .„ p p rt o,t e Solicitor who had been examined for the defence had siid he would net bell• ye him on his oath ; but very properly added. unless that oath should he snm•ported by other testimony. And why not ? Because he believed him to have perjured himself before the Bank emit Commissioner.. Bot was it worse for a mac to perjure himself before Commissioners, than to conceal a murder? Certainly not.. And when it was presumed that Probert plight swear falsely, being engaged in a conspiracy with others against the prisoner at the bar, it was proper that t'sey should remember where they were. They wine then in a Court of Justice, is here 53 witnesses had been ezioninvd in support of the prosecution ; they Must suppose all those rrsons to be conspirators, if all that Probert bad stated was false. Where then, he would ask, was there a case, _in which circumstantial evidence could be more earful than in this ? Ile admitted that the eel loves Aught to he viewed wills doubt, or why tiers the .I”rf and hinwelf brought there?, Why had they bren called ,tpnn to art in, that Court, but to exercise all the powers l; M wheeid had given them to protect the innocent—to detect the guilty? :net+ turn Hier , to 'Ermine the testimony stiv-n.brfisre them, that every thing might be sifted to the bottom. The prisoner had told them that if they bad a demild upon their minds, they ought to give him the b••nelit'of that dOuht ; so they ought. If they had any &Olt, such as conscientious and rational men could en tertain, the prisoner had the right to benefit from it. • There wms enoglicr circumstance at tbe wart of this ease so which hr must refer. Hr was reluctant to use harsh 1-•nanage ; but he should be unworthy of his situation—bit planild be rpemtwimpeachment, if when it became neces sary. be were net fearhssly to perform the painful duty. ffelinied he was not afraid of ant man on earth ; and if he were certain of bring 'tracked by time whole artillery Of libel, he'woild still proceed. It was painfiil for those entailed in theadministmtion of justice to be compelled, fie every woof this loft, to commence by beseeching Juroei to banish from their misds what they had beard out of ribose, Millser would drive from them a pestilence. To hate the facts Which were to come - befors the Jury, as it id been ,done in this case, was to peisoh the springs pf Justice in their riource ; and if the practice were not theelanl, •trenahle fur the fate of the country. Tire prisoner M. denies the fairness and truth of his alleged ionfesaion, which was put into the newspapers; it was tendered to me by the Collor! for the Crown. This is a • otievOns circumstance. I have thrown additional labour on myself ; but at the . same time I did not wish to place time prisoners on trial in a state of public irritation, and thereard, gave them time, froin which I hoped the est find happist result. I hope no newspaper reports, no ties, oo etlumnies, will affect you, Gentlemen of the 'Jeri, but that yon will discharge your duty as you shall answer it to Hon. There is one point more to which I 11).1:!t allude, namely. the application to delay the trial of Joseph Hone. fur it I. not now contended that he is not a ropeesonlj et for, trial. But all; that application is not f• rine or tier yon, Gentlemen of ,the Jury, to cousider. I bare net the power to dispense pardon, application must be made to another quarter ; for high as my antorite may he here, it does nut extend to the grant of this application. depen Is in this case on the evidence of Probert and his wife; and the distinction as to the reception of Pro- Aimee evidence is between his competency and his Crrdi• bility. By law he is a competent witness; but I caution you„Oentlemen of t h e Jury, not to believe him unless lie is corroborated in a variety of the circumstances connected with the case. I a , cerle to much that Thurtell has said about Probert, and I tell you again cautiously to sift his evidence.. A great cleal has been said about admitting neromplices as witnesses ; bat l say it is conducive to the pohl)c good to put an end to confederacies like that out of which this csase:grew—confederacies which were only dotinded in fraud, which are never worthy, of confidence, .and in which bbd wee. or tome one of them, are generally the first to betray each other, as in the preseot. case. You perceive, Gentlemen, that Hunt's complaint after raliselosing against his, companion in gpilt,lmexpecteri ,pardon. You• %re heard of the interference of.. r. Noel, 'a morn unwarrantable interference on his part, who had ~.t the leastimainess with the trassattion. He tuwt cer stelnlythave•heeu very igispeant•of the law if he advised ;Haut to make *haste called hie conftesion. Ilvery,profes-' taianal mite most knew that a Magistrate has no authority \Utast a pardon t• nor did Mr. Clutterbuck. or. Mr. Mania :Apr one here.. On the contrary, the conduct they pursaed aliewthey felt very differently ; for they never examined . Jos.:Heel upon oath. Had they : done so, they might then . have received Liar •as a witness, or pot doing so. recent. . nientisal him for favourable consideration. in Imbiber guar - Gentlemen of the Jury, _that they foltow, iroperly too, a yet): different course. I the prieoner 3:hiartell• bps said ;boat the sing the identity of tbo, person said to 14 follow the example of the great. atoll 'nigh' ,Lard, lisle, wise eaid. not, end nevei o person of murder tvitboat proof by so 4 0 1 fetal !blow being streetr or the identity . +cud. Acting with, this view, l pat d .identifyof Weare,.which was fully proy my and tote broth,/ of the murdered mar .. may wifely sey. we: have evidence,ef Atonal sad ss.ttts sometime Isnutt tiers Isswarmed .mmildivestifacieti'varPoft•She WA oral geckos.* Oil thisAri4. klieg oeibin 'ard.tilsat au owls! itt table Maim slAstfeetfuto flat Nisembeleimillenatt I hare 340.441. WO, WI the fang OnktialtdOr 1 •IPIPLiki*11:1110it!O . -~ ~. '• .141100 S by affecting indifference, which were not consistent with his general conduct. He in one instance was heard to say e td. A of frohtilerps own aR he old not care a about what had h a p pened. Whil e t h e ir o ns were placing on his legs, h e too k out his hiouff box, but found it completely empty ; he a s k e d 'Bishop, the Bow street o ffi cer, who was present, for a " I p i r e l) P s e l y nt t I wi t h t he c ontents dmix. Before they separated, lie pia out his Land t o Bi s h op tend begged to shake hands with him for the last time t but l sp as exhnat furnished Bishop instantly grasped his hand, and they parted. Aftet being ironed, the prisoners were each placed in a condemned cell, e kb persons to watch with them as before, Thomas Thurtelt was sent back to London ; he was griatle distressed. Probert was set at liberty. The Judge lilt ;town almost immediately after the trials had concluded. The general impression at Hertford is, that Hunt will not be executed, although the arrival of the London bang. 'man with the necessary apparatus for the execution of two persons would warrant the idea that it was determined that ;Hunt should suffer in the case of his conviction. The piece of execution has been during the last ten years in a gravel pit in a field immediately opposite tie prison door. It is now stated that Thane)l will suffer on the drop lately constructed. This, however, is by no means certain, for so lately u last Saturday the Magistrates had no intention of suffering the new apparatus to be used till after a future general gaol delivery, and this was promie• gated, that in case of a verdict of guilty being given agait -t the prisoners, who were then to be tried. no confusio n might arise trout its being supposed that any preparations were to be made for a different mode of execution. An express, wae, last night sent off to Norwich, by Mr. Jay, to inform Thus tell's father of the result of the trill. Tbnrtell has had an interview with his brother, when both were very much affected. The room in which Mr. Wilson placed Thurtell little corresponded with the idea farmed by the frequenters of Nesegate, of a condemned cell. It was large, spacious, and airy, lighted by a lamp and, candle, and warmed by a comfortable fire. Three or four persons are ordered to attend him coast:ltaly ; and as an a.lditionel preeautios handcuffs were applied to him. His books are a Bible, Prayer Book, and one or two other volumes, containing religious consolation. As soon as the arrangersieuts for his final confinement were made, the Chaplain of the gaol waited upon hint. 'fburtell. struck by the presence of the gentleman, whose appearance (as he uteerally er pressed it) consoled him, burst iiro tears, and far the first time since his imprisonment, manifested the warmest and must agitated sends of his deplorable condition. Tha Chaplain, as we understood, eepressed the gratification he felt at finding this happy change iu Tlinrtell's demeanour, Ind impressed in the strongest manner the necessity of his availing himself of the few hours which remained to him, to offer up his contrition and prayer for mercy, where alone he could now expect it. Thurtell instantly, with his eyes suffused in tears, declared that his contrition was sincere. that he forgave the world, and implored the mereifal for giveness of Gem His manner was fervid and impassioned, but at the same time fret from any whining affectation of mere penitence. or tremulous apprehension at the near prospyci.of thd new ecerte into which he is about to pass. fills declaration of contrition was at once manly and resigned; lid his manner so unaffected and solemn, diet it wet calculated to inspire very great interest in his fate, notwithstanding the dreadful circam• stances of his sow established anti admitted crime. He said that lath to him, after the misery of his late mode of life, was a relief. atid that be could go forth with the firmness of Y Christian to his fate( but he added, that domestic recollections—the anguish of the surviving members of his family, and particularly otkasether and sister, whose in. structions and society would. If adhered to, have made that life respectable, which would cow only be remembered with shame--these were, he said the reflections which overwhelmed him with grief and sorrow. He was now ready to resign himself to any preparation for his fate. *nil more particularly with a gentleman who hal never al • preached . him, as others had done by letters, to tamper with his feelings, but to compose and assuage his afflictior. The attendants were struck with the altered manner of the priseoer. and more affected, almost, time be was him self. He became calmer after Ida interview with the Chaplain, end his firmness subsided into a decent resigna tion • he repeated his readiness to meet his fate as so.m as possible, hoped fur the forgiveness of his family, and the oblivion of his offences. 11 1 11111riii ,. ;11111elltILII nsua.s.r ter 3 but you sr', I , • and I sy very pro • • o. ogrui ttliat t 1 11P -'4:k‘' - Decepo24ity Of pawl!! leurtiere& .4 folk • odd isomo . rtal,Lori bare. oomvietrol • •••.itooso of Om lota *eremite onartier • i115:466W so io tbo.i •11414 hiassoottbl Sodas *eras. . -booth ofokirrAfgeol 44obto.liatover r..Wastio what, ,at Me. Word.rbut: .211 .aptiotegrat at .th memsommeanen. ok indifference, which were not consistent with al conduct. He in one instance was heard to say t ot care a ---- about what had h a p pened. - te irons were placing on his legs, he took out his r, but found it completely empty ; Ile as k ed the Bow street officer, who was present, fora but his box also slag exhansted. A gentleman famished Thurtell with the contents of his own fore they separated, lie put out his Land to le.b ep feed to shake hands with him fur the last tu ne; t ustantly grasped his hand, and they parted. being ironed, the prisoners were each placed in a led cell, at kb persons to watch with them as before, Thurtell was sent back to London ; he was grtativ d. Probert was set at liberty. 'Else Judge felt nest immediately after the trials had concluded. eneral impression at Hertford ie, that Hunt will xecuted, although the arrival of the London hang. It the necessary apparatus for the execution of two would warrant the idea that it was determined that mild suffer in the case of his conviction. deco of execution has been during the last te n a gravel pit in a field immediately opposite te e loor. It is now stated that Thurtell will suffer on lately constructed. This, however, is by no rneaes for so lately u last Saturday the Magistrates hat ' dion of suffering the new apparatus to be used till future general gaol delivery, and this was prone• hat in case of a verdict of guilty being given agaill otters, who were then to be tried. no confusio n rise front its being supposed that any preparations be made for a different mode of execution. :press, was, last night sent off to Norwich, by Mr. inform Thus tell's father of the result of the tri II has had an interview with his brother, when both ry much affected. room in which Mr. Wilson placed Thurtell little ooded with the idea formed by the frequenters of te, of a condemned cell. It was large, spacious, y, lighted by a lamp anti, candle, and warmed ht' a table fire. Three or four persons are ordered to him constantly; and as an a.lditionel precaution Ifs were applied to him. His books are a Bible, Book, and one or two other volumes, containing as consolation. As soon as the arrangersiems for confinement were made, the Cl:aplain of the gaol upon Lien. 'Martell, struck by the presence of named, whose appearance (as he uniMunly es I it) consoled him, burst in'o tears, and for the first ice his imprisonment, manifested the warmest and ifitated senss of his deplorable condition. The so, as we understood, eepressed the ',ratification he finding this happy change iii Thortell's demeanour, tressed in the strongest manner the necessity of his g himself of the few hours which remained to him, r up his contrition and prayer for mercy, where alone hi now expect it. Thurtell instantly, with his eyes ui in tears, declared that his contrition was sincere, • forgave the world, and implored the merciful tor- ts of Goo, His manner was fervid and impassioned, the same time free from any whining affectation Ye penitence. or tremulous apprehension at the prospeei.of the' new ecerie into which he is about s. His declaration of contrition was at once manly resigned; led his manner so unaffected and that it wag calculated to inspire very great it in his fate, notwithstanding the dreadful circom• of his now established anti admitted crime. He said eath to him, after the misery of his late mode of life, relief, and that be could go forth with the &one!' bristian to his Met but he added, that domestic ections—the angoisli of the surviving members of wily, and particulaily ofeesether and sister, whose in. ons and society would. If adhered to, have wade that tepectable, which would now only be remembered stiame--tbese were, he said the redectioes which I heltned him with grief and sorrow. He was now • to resign himself to any preparation for his fate. and particularly with a gentleman who hal never al • la him, as others bad done by letters, to tamper is feelings, but to compote and assuage his dais:tier. ttendents were struck with the altered manner of issuer. and more affected, almost, time he was him. He became calmer after his interview with the sin, end bin firmness subsided into a decent resigna- he repeated his readiness to meet his fate as som as Ile, hoped fur the forgiveness of his family, and the on of Lia offences. • POLICE. eemennwese. restox-noust.—The Loan MaTon yesterday am red, that io consequence of the publication of the of the unfortunate survivor, of the 'emigrants 103 rent ont to Porde, snore benevolent individnafs bed I upon him and left with him a few trifling subserip. fur the use of the destitute widow', and their sickly run. Their cases were of all that he had met with fatly severe and distressing; and those benevolent ns whose dispositioas prompted them to relieve the w and the orphan, could not find snore lit objects for xercire of their charity. He hoped the public would forward to alleviate the sufferings of the poor urea, who were in the most abject state; and it would him great satisfaction to apply any thing that !MO sat for their relief. was afterwards stated to his Lordship. that since the cation was made respecting the widows the ether an infant belonging to the widow named Black, had from the effects of the climate, and there were so is of giving it burial. His Lordship suggested that ication should be made on the subject to the parish !I'S of Blacewall, where the survivors who returned by ;keine had lauded, and now resided. 'oasato STRZET.—OIa Tuesday, James Huntley. a tier's labourer, was brought hefore Mr. Twyford, gad with shooting a man about three o'clock in the ning, near lioxton watch house.—lt appeared, that uent robberies have latterly been committed upon some nished houses at Hoxton; near the Regent's Canal. nging to Mr. Greenwood and 'Alr Jenkins. They air lingly employed the prisoner (uiem whom they bad 'y reliance, and who was in their employment) to watch premiers ; they provided him with a musket loaded owder and old nails. About two o'clock y esterda y 'ning be heard a noise in one of the back rooms; he ediately apprited one of the parish watchmen, who snipe/tied him, and they discovered a man and a wo laying among the shavings; they led them toward , watchriouse, but before they got there the man ran #l . • prisoner pursued, and in 'order (a) he said) to imitate e him, he fired the gun, the contents of which enter:d deg and thigh of the unfortunate man, who was after• 'ds conveyed to St. Bartholomew's Hospital, where he r lies. Bail to a considerable a mount was o ff ered • b et the absence of the surgeon's certificate) was refused , Lee was remande d. noitittif.—on Tbarsday, the lit instant: at Edmonton. the ne' • es. 'of March. lacer Ely, to Mary, youngest daaghter of iiphralntn mellboser plan. tleV.at St. James. Westminster. Mr. L. Term thaber_lllereba n !:.r e l wee, to suss Margate% Walter , daughter of the 'late Mr. John D cbeiter. ~lafer, Isis . formerly of Maaebester, to Ellett, (say daughter a nouns s Moaday, the WA Deeetaleer. at llaatttergh. Thorn of Altana. • 1111.1k.--0a Tueolay.tb• Seta December. 1.0 90g0r gii"beh •,,y Stapleton. eldest' eta' ter of the night lieu. !llamas. Dorm! lc i the Rif lass. Slaru it! liftw o4 Berg* atW earl Elisabeth nhadde, Isnot of %medals abaside. ▪ Tgeolay, Otis snit ,at h s buuse la Upper B e df o rd place. tlartaa7 oY J • to ▪ nielthilt i s auilaug atuate.Debito, Lady smarm stowarit.aue; isdrfaff Wickluw• piNisbad and Rebtbboi Las elles. No. out , Strad+ by R. WARDELL, L.Dillal9,Pdat9r. Tut r. ..s -- . lacioas thing g enerally insaekeed by th - 16 e01)1er oilers, , that If the party does not commit the particular thing himself he is not guilty. In morals be_ is equally guilty if be assists in the design. whether he perpetrate; the crime or not ; in law be is not lees guilty. Men should not lay the unction to their emits In this manner; for if three or four men go out together upon any guilty design, and one only commits the deed. all the others are equally guilty with hitn, and equally proper subjects for trial. In this case then you see, Gen. leinan. that a murder has been committed—that there are singular circumstances *connected with it, such as the I purchase of pietols end a mould, one of which pistols was sworn to by the pawnbroker's man, who had no interest in the manner the one way or the other, and therefore then more readily lobe believed. Some of the wearing apparel of the deceased was traced to the possession of the pri soners by Ruthven the officer, and identified by the laun dress of the deceased. His gun, his backgammon board, and several other matters are found in Hunt's possession on the 30th Oct. six days after the death of Wear*. Haying all those things in his pcssession it connects him with Thur. tell; and it will be for you, Gentlemen, to see if from thisyou can infer any previous knowledge of the intended and then committed cum!. Before I conclude my address to you, I ' shall go through the whole of the evidence; a nd as I p ro ce ed mark such parts of it as it may be proper to direct to poet more particular attention. You are happily placed hereto interpose between offended justice and the prisoners at the Bar ; but if you should find any difficulties in your way,, you shall have my best and most impartial advice to guide you. You have to decide if a murder has been committed, and then to say if the prisoners were its perpetrators—or one of them knew it after its perpetration, or aided or counselled 4n its execution. You have a strong chain of circumstantial evidence ; you have that of Probed : and it remains with you to say if you are satisfied that Thurtell and Hunt were the persons who committed the horrid ;deed. The prisoner Thurtell had urged very . strongly that to person like Mrs. Probert, who, after hearing what she :stated she had heard, bad kept the gold chain, was un worthy of credit. It would in his opinion be going too far to conclude from that circumstance that she was aware of the murder. Probed had stated that Thurtell told him when the shot was fired, Wear. jmnpedjout of the gig and was eiagiug out like a devil. The Jury bad beard this day that Thurtell had been in de Navy, and that" singing out" ' was a sea term. It would be for the Jury to say what Istrength these circumstances added to Probert's statement. It was sworn that Thurtell was influenced by malice, in I canseqnence of Weare's having won from him a consider. able sum of money at play; and Thurtell this day in his defence admitted. that lie was addicted to gaining, but he said the example wis set to him by the heads of the nobility and gentry, who were constant frequenters of those schools of vice. He trusted that if the prisoner's statement were true in that respect, the proceedings this day and yesterday would read to those persons such a lesson as would induce them to abtain from pursuits which led to such fatal results. It was clear dist Thurtell had taken down a doubled bar relied goo to . Probert's, as stated in Probert's evidence, and the guu now produced— Tkurtell—Sly Lord, the giui which I took down to Pro bed.* was sold by public auction,under the execution levied upon Prebert's goods. . Mr. Justice PARY—That dots not appear upon the evi dence. However, if you have now any witness to that effect, I shall receive that evidence with pleasure. Tliertell did not call any person, and His LORDSHIP proceeded in his summing up. He con 'lidded Probert's' testimony as to dragging the body, and to what took place in the parlour, was confirmed by his wife. Thertell—Will you allow me, my Lord, to call the Under Slit r.ff, to prove that my gun was sold at Probert's sale ? Mr. Justice PARK—Ceitsinly; call the Under Sheriff. The person who levied the execution for the Under Sheriff was then put into the box ; but he could not swear that the double b welled guu which was sold at Probert's sale, was T hurtell ' s property. Thurtell—Was not thereon which was sold at Probert's sale put up as my double barrelled gun ? Witness—l don't know whosegua it was ; I seised itas Probert's property. Mr. Jostles PARR resumed. He was willing to indulge the prisoner In every way; bat looking at the evidence he must say, that the gun which was sold at Probert's sale could not he Thurtell's, because it was io evidence that Thartell,on his return to London, took his gun in his gig. The evidence of Probert respecting Hunt's bringing down a spade was confirmed by Thomas Thurtell. It was for the Jury to say, without looking at Probert's character, whe ther his evidence was confirmed by creditable witnesses ; and if was so confirmed it was their duty to believe him.— The Learned Judge then read Mrs. Probert's evidence, and said that lie considered it as strengthening her husband's testimony ; and be was induced to come to that conclusion from the, fact that she had had no communication with her husband from the day of his arrest to the tiuse of her giving evidence. His Lordsl,ip then minutely recapitulated the evidence of. the other witnesses, pointed out where they corresponded with each other, or with Probert's testimony; and concluded his summing op of de evidence for the Crown by stating, that he hoped he bad not omitted a single fa ct either for or against the prisoner; and the consciousness of having thus accurately mentioned those facts word., be a satisfaction to him, be the result what it might. Fur the Prisoner Thurtell was called a respectable • Solicitor, who swore on his oath that Probert's oath was 1 'unworthy of credit. He (Mr. Justice Park) did not think that man entitled to belief, and if the Jury should find him unsupported in any part of his evidence, he would meow mend them to reject that part. Captain Mackeosie's testimony as to Thurtell's character was certainly of as ancient date. because be could say nothing respecting his conduct since 1814; and after the prisoner's own statement of his pursuits for the last few years, it was not at all int.': probable that a mein of excellent character in 1814 might, by a continuance of such pursuits. become a very bad character in IS2J. In cases of doubt charactor Otl o trht to leave weight, but if tire Jury should be clearly of inion that the facts o 1 the case lutiStiOd them that the . psoners were guilty of the crime with which they were c harged, thay.woula best discharge their duty by pronouncing a ver dict Of Guilty. The prisoner 'nude!l had gomplained. and juitte complained, , rf the calumnies which had been written respecting him, and circulated through the kingdoin pre vious to his trial. ' It was to him matter of astonishment how any persoes who possessed edacation or humanity could be guilty of acting so towards a fellow-creature; but be trusted that the Jury would dismiss from their mines all that they had heard of the prisoners, except what they had beard upon oath in that Court , because they were set now trying the prisoners for their good or bad charade' • tors. 'He would again repeat, if the Jury Gad any doubter they would give the prisoners' characters their due weight, but if tbe.y Lad ao doubts, their character ought. to have t no weight.. If the Jury thought that the evidence mug. i towel tee finger of God pointing out the prisoners as Ike t perpetrated of a dime committed wh re no human eye t could witness the deed, then tbey owed it to their-Clod, to their. country, to thendelves, to find a verdict of Puilty. , Hunt—My Lord. I wish to make an observation or two ,111,r 1 Justice PAIIII—It is really manful to me rhea sp. NFlltions are made to rue by primmer* to permit, ghetto be ilium which the Laws and Coaatitation of 'the Country :e etillewr tie 'm prevent. Bat, consult with your Colossal, 1, aed,if :he think what you wish to sayllllllll-iler 'the a Pie, to hear, I shall not regard the iddt it i liktor the t heireding. the prisoner and his Usenet :11WAIlitrattd td teethe:- • r•• 1 I • t • 0 IV Tit Miami' privately coopinglcat .le-Ot Loraillir . appflesitb of . tlie prisoner; out his Lordel li t i the Jury that thee, aught retire. • • • THI VERDICT. The Jury retired at half past three, and returned at four, when their names having been called over, they were asked for their verdict by the usual officer. The Foreman gave in the Verdict—John Merrell GUILTY OF MUR DER—Josepfs Hulls UUILTY as an ACCESSARY before the fact. The verdict having been recorded, Mr. ANDRIWII addressed a few words to the Bench, which we were unable to bear f-'rther than that their im• port seemed to contain some allusion to mercy—we pre sumo in behalf of Hunt. Mr. CHITTT then rose to make a motion in arrest of judgment. The Learned Counsel grounded his motion on an Act of the sth and 6th of Edward the Sixth. chap. 3. which ordained the observance of certain days as holy day% upon which all secular proceedings were null and veld. Such, be contended, were the proceedings in his trial, whieli had been carried on io opposition to the spirit of this Act on the preceding day, which was the Epiph any. The Act in question provided that Sunday, Christ mas Day, Good . Friday, and similar days, should be dies nom in law. So much so was this. that no arrest could be made on Sunday; and even if the officer attempting -it were killed,,the slayer could not be indicted for murder. Whether right or wrong, this law stood upon their Statute Book, and as such it was incumbent on his Lordship to %.1)- serve its provisions. He considered that the Jurymen, for having sat there yesterday, were all indictable. It was always customary to adjourn over Christmas Day and Good Friday. He therefore entreated his , Lordship to take this, as a case of magnitud., into his solemn consideration. —That it ought to have effect he pledged his professional opinion, for the truth of which he appealed to Um Mr. Justice PARK over ruled the objection of the Learned Counsel. He did not fear ecclesiastical proceed. lags, and he was sure nothing ' was more common than for ' Judges to sit on Good Fridays • nor could he hope for any encouragement in o ff ering such a question to the twelve Judges. when the Lord Chief Justioe was yesterday sitting io judgment on important causes. He had not the slightest doubt himself. and be would not disgrace his office by arresting judg cent on such a proposition. The Clerk having called on John Thurtell to know if he had any thing to say why sentence of death should not be passed, he spoke as follows: " My Lord—Before sentence is passed, I wish you to'take into your consideration, that I now, for the last time serious ly assert my innocence. and request that your Lordship will poitpone my execution to Monday next, after the Sabbath day. I ask it because I have friends at a distance whom I wish to see, and not on my own account, for I am Doti ready to die. But I have important things to say." THE SENTENCE. . The Jenne tom proceeded to pass septettes as follows : —Too, John thiutell and Joseph Hunt, after a very full, a very fair, and, I trust, a very impartial trial, by a 'dry eif . your country, you have, I think, been very properly ' found, guilty of the respective offences with which , you stand charged. You, John l'hurtell, as a principal in the murder and you, Joseph Hunt, as an accessory before the fact. It cannot but give to every feeling mind considerable pain, that a persou whose conduct this day has shown that he Was born to better things, and who has stated, that in his eatly days be received the impressions of virtue, should have committed so detestable a crime, For, notwitbstand` ing you have protested your innocence over and over sod% I must, in My conscience, declare that 1 am as. much still. fled; off your guilt as if I bad seen it with my mortal eyes. 1 do beseech Too, therefore, net to apply to your soul the flittering unction of innocence, lest the All-seeing Power should detect You rushing before him with a lie is your mouth, and perjury in your heart. You best know whether there was any contention. On the evidence itself it appears that it was one of the most foul and wicked of murders. It is horrible to think that you should have been going on in intimate companionship in these knits of dissipation and gaming, which are, the bane of society, with this man. whom yon were carrying down for the express purpose of introdirctioo, with Use clothes wills which be tuteaded to ornament himself, and who, by your hand,was in a moment of darkness no more. If that man were each as bas been represented, I cannot but think how much your crime was aggravated in sending him to his account before God, without a moment's reflection. I seek not to ,aggravate those offences, which of themselves make men most wretch. ed and miserable.. I only say this that you may not apply to yourselves that" flattering unction" against which I before warned you. From your speeches it appears that yon have been well instructed, and shod as that time is which now remains for you to improve, it is more by 20 times than that which you gave to the unhappy man you deprived of life. I hope that since yesterday not only have you not been wanting in your defence, but have been careful to do that which is good at all times—to make your'petice with God. Yon have stated that the Clergyman of this place is a most respectable man, from whom you have gained c,ainfert and instruction. I hope that you will seek and continue those conversations which you have held with him, in order that through the Saviour of the World, you may he enabled to regain that place in his favour and love which you formerly held. Seek earnestly for it : let me intreat you to do so, and you will have it. Do not postpme if you would enter the gate of Heaven, which you may, through the intercession of the Son, and may the God of all mercy grant your prayer. The ven teuce of the law is, that you, John Thurtell, be taken hence to the place from whence you came, and thence on Friday next, the 9th January, to a place of execution, and there hanged by the nick until' you are dead—after death your body to be cut down and delivered to the Surg eons to be dissected and anatomised. As for you, Joseph Hunt. for in aliciously abetting and concurring in the murder, the sentence of the law is, that you be taken to whence you came, and thence to a place of execution, and there hanged by the neck untill you are dead, afterwards to be dissected and anatomized, and may God of his infinite mercy, have compassion on your souls." oaring this solemn ceramoay his- Lordship was affected, OVER to tear*. No day was named for the execution of Hunt. A cow municatioo had been made to the J ridge a short time before, which was understood m relate to the case of this prisoner. The party who brought it came,to Hertford in a coach and.foqr, followed by a poit.chaise from Barnet. At that place directions 'bad been given to 'proceed with accelerated speed. The Learned Judge having looked al the paper, which was handed to him, desired that thtl Messenger might' wait. The Court then broke pp- • • Whilst the Jury . We're 'ffelitibiting on their verdict, Thoitell dAinir'b .f ale in the dock; and did not pewit' the least agitated then, nor when the verdict las pronounced. • Dming the r - fervently called. his Lordship's attentiou to evidence foe 'the Cedivh • he thane favorable. to., dejtiled. t, 'had during ,WheaDie, sem ; Lin • POLICE. =r Niern t if ail vta. Ofik _ 1114:40* noTrF -• Joe • MANBIOX-110!Villt.—The Loan Manta yesterday an. Pounced, that io consequence of the publication of the cases of the unfortunate ettrylvore of the 'emigrants nho last went out to Poysil, some benevolent individnars bad called Piton him and left with him a few trifling subserip. tions for the use of the destitute widow*, and their sickly children. Their cases were of all that he had met with peculiarly severe and distressing; and those benevolent persons whase dispositioas prompted them to tilieve the widow and the orphan, could not find more fit objects for the exercise of their charity. He hoped the public would come forward to alleviate the eufferings of stie poor creatures, who were in the most abject state; and it would give him great satisfaction to apply any thing that tniglit be *eat for their relief. It was afterwards stated to his Lordship. that since the applicatios was made respecting the widows the trim day. an infant belonging to the widow named Black, had died from the effects of the climite, and there were no means of giving it burial. His Lordship snggested that application should be made on the subject to the parish officers of Blac.twall, where the survivors who returned by the Skeene bled lauded, and now resided. Woesate STRZET.—OR Tuesday, James Huntley. builder's labourer, was brought hefore Mr. Tivyford, charged with shooting a man about three o'clock in the morning, near lioxton watch house.—lt appeared, that frequent robberies have latterly been committed upon some unfinished houses at Hoxton; near the Regent's Canal, belonging to Mr. Greenwood and 'Alr Jenkins. They air cordingly employed the prisoner (ui,on whom they bad every reliance, and who was in their employment) to watch the premiers ; they provided him with a musket loaded with powder and old nails. About two o'clock yesterday morning be heard a noise in one of the back rooms; be immediately apprised one of the parish watchmen, wise accompanied him, and they discovered a man and a we man laying among the shavings; they led them lowa* the wateligouse, but before they got there th e man ran 01.• The prisoner pursued, and in 'order (a) he said) to iatimi• date him, he fired the gun, the contents of which enter;tl the-leg and thigh of the unfortunate man, who was after. ward, conveyed to St. Bartholomew's Hospital, where he bow Des. Bail to a considerable ...amount was Olefin!. hat (in the absence of the surgeon's certificate) teas refase,i, Ise was remanded. ' pe resateri;the irgitated their,' nor . when the verdict was - prdnouncrt ; • During the summing up be freqeently asanyusn:—os Th u n f reday, o the 14 inttaut:, at Edmoutoofne for 1, 11 0, e , ..... 0 ., capkEhis ' rdiTtiFfeattenoea t• soar parts bf the 'etidenee i ru:Vin lf ie e s pI L . lle' lily, i Mari ' "" g " t 4aBghter I for 118 . 0111 W 'as he timiglit CertiriditibrY or 4vorible. ,L•sre.sr sc. Janos. Westminster. Mr. L. Teem timber leeeeltant..S..3l.: Rent was .quite., d r ic E led. and . f rcqurn u r s io • . (wino , i ernsc ie r . mrse _maples Walter. daughter ur tfie late Me. John 1% alLe the suirimingorp.llfheq.tbe ieriteict_wee hcitig prouiroricerk ~, us noes: pato nth treeeaser. at Ilainbargh. Thomas Sll!.er• -if.!'• Banfi djvr.tion • irierquerd ; b u i rib uirt4 l i p. sniffer • [eft Lilo • 511. foroaeray of M outebester, to Ellett, only daughter a thoune l am ! t .for i alllastant ; sus after .: the sentinel are went ant of 11 1112. 1t —ti a* Terets — ristre Seth neeetnber:tat Tu9hthlee Wells' g ill ' ih Abe Decks. etiits onto step. .. r ~ • : • liar,y Stapleton. of • dangelter a the Right don. Thomas . troy le . Tbererna rose ebbalf past '4 o'clock. -• , , • .ni•spesor. - Aker tine priveneti whir ' breathe heck to tithes- Ail 4i!* v_f_ SAN*. mkt ex. i , Roe , tb•aric tant.Slona s. ititalate va. h Shuttle. ..tenet of tho , laio .t. IL Shaehle, tlntinat di .T i oggag ' l iken I l iggblgigel ic kiso iel it t et a it t int, I n a ir d i t .m.. :to lleirsay, lief St ,at his Louse In Upper Bedford piste. k .t)Thet'sk m'utaiir div ft:1;1%1k , 41 , 16. irk lilt in auileag 11toetr.D11blio, Lady Stuarta lioward,nuut I' Tt ditlitt i . In t tp , ". 1..1 ' " :# 4 l**4. ` 1 1.w!! Fkk!-. i -., . . ~..4 IV 3—. . . .. . ern,', .T 1 ' ---- . la. 4t tit4ts. 4: Mis• For . , • c. ;lir i woos pesbasa and Psalbbed at dm Oleo. pin. lig? , SIVI II/dt caeva icor *robe)* gm Ow .'llBrlittd by B. WARDELL. LL.D e Pl9.lwiet 9 r. a