The British Press; or, Morning Literary Advertiser. — London, England, 1824-01-08 00:00:00

z 1 / • I ( ," (2 4 1Gi,t,„f-1 5 2 t. ,<.?- 'e•l t i• n r - ,~; '-. :, ~~=. y~ t + mit) 13 cf cw( Ai (i.; !VDU.) No. 6,583. LONDON, THURSDAY, JANUARY 8, 1824. Price 7ti. MURDER OF MR. WEARE. Tli 0 T' Ti DC OIL, n T' THe w e an Al the i Ore St. T • .1 split caner Tb Pape To 1314 Fo Casa rot P Aceo He! extra Price on ea 2. ini t 4. throe sew In 4. EDI 1 eon Rqi BEI to II Heal Six rive Pier ben Nigl that be s Sub Zarb to th It hats N to d seve Crui TC tory wit A lewd T side, stgiu to (3, Zn e , cumi eter rtih Nth T eoloi ratan TII hunt 1 ram LE, K At! Lot Chu pry 40tsb Offi.a IA bulk coma three of cal anti Ta Mew 3k. Oat' the 8. Di T' TOO test ® Flom ?mu. Bra' gr i peep pieces rat r. Itn NEW TREAT/IR ROYAL. DRURY-LANE. fr.. EVENING, THURSDAY, January 8, will be A N THE BEGOAR:S OPERA. - After which. FISH OUT OF WATER. To conclude with the Pantomime of HARLEQUIN AND THE FLYING CHEST t Or, hIALEK. AND THE PRINCESS SCHIRINE. TN RATR E.ROYAI„ COVENT-GARDEN. THIS EVENING, THURSDAY, January 8, will be performed the Comedy of JOHN BULL. After which the Paatomine of HARLEQUIN AND POOR ROBIN; Or, THE HOUSE THAT JACK BUILT. ADELPHI THEATRB, STRAND. THIS EVENING, THURSDAY, January 8, will be rearmed the Mekr.thrunatit Burktto of THE HEART OF MID-LOTHIAN. After Web the Pantomime of DOCTOR FM STITS AND THE BLACK DEMON; OR, AAAAA QUIN AND TIE SEVIN •AIRIES OF THE GROTTO. ROYAL cwiulU; THEATRE. T HIS EVENING, THURSDAY, January 8, will be performed the Oriental Spectscle THE CALIPH VATHEK ; or, THE CAREER OF CRIME. Alter which the Barletta at SIR SOLOMON SQUAT, THE CITY VAMPIRE. In a few days will bs published, RIYINGTONS' ANNUAL REGISTER, for the Year ; in one large volume octavo, price Iffo in hoar& 4t,„ 0 Lately published, the Volume foe 1821, prim 19a. of which an Account IN given in the British Critic foe June, leg I also for the Year 1029 (commencing with his present Majesty's Reign), price 184. St Paul's Church-yard, and Waterloo-place, Tall-BialL ' January I. 1824. TRIALS AT HERTFORD. FORTY COLUMNS FOR ONE SHILLING. E Price of the Two Sheets of the SUNDAY TIMES, on the 11th January, containing Forty Columns, with a splendid Engraving of the Court, and Exact Likenesses of the-Pri soners at the Bar, will be charged One Shilling only. The Monday's Edition contains the fullest Market Page of any Paper ever published. To be had of all Newsmen, and at the Offise of Publication, 131, Fleet-street, London. For the convenience of Persons wishing to send a Paper to the Country by Saturday night's Poet, an early edition is ready at half pest Four o'Clotk on that evening. THE GAM BLERS.—TRIALS AT HERTFORD. lIERCE Et:AN, Author of" Life in London," &c. will publish, immediately it is concluded, a full and accurate Account of the TRIAL at HERTFORD of THURTELL, HUNT, and PROBERT, with an Appendix, disclosing some extraordinary facts, of which he is exclusively in possession. The price will be about 2s. 6d. The work will contain.— I. Correct Likenesses of Thurtell, Hunt, and Prudent, engraved on copper. expressly for this work. 2. Representation of the Court House, at Hertford, drawn dur ing the time of the Trial. 3. The Scene of the Murder, with the Gig in the Lane. 4. The Pond to the Garden, into which Mr. Weise was first thrown. . _ "." LThe Pond at Ellin*, in which the body was found. L View from the Cottage Window, from which the De wind is 1011 thaws by hie Murderers along the path of the Garden. lAoden t Knight and Lacey, Publishen, 21, Paternostay-row. *• Orders should particularly express—PlEKCll LOAN'S EDITiOPL BELL'S WEEKLY DISPATCH, SUNDAY NEWS PAPER. THE Public ere respectfully informed, that the DISPATCH of NEXT SUNDAY, January 11 , will compel,* Two Sheets, price Fourteen-pence, containing a correct Repent of the TRIAL of THURTELL, HUNT, and PRO. BERT, with many original Statements, obtained from sources to which no other Journalists can have access. The same Pub lication will contain an ACCOUNT of the GREAT' FIGHT for Six Hundred Sorreigns, between SPRING and LANGAN, the rival Champions of England and Ireland, written by the celebrated Pierce Egan, who hem relinguished his Engagements with all News. papaw ascent ths ll'orkly Divateh. Dagoitch is intbl Mod everyt!atereday small, thew to be sent by post to all parts of the Kingdom. cantabile Saturday Night's List of Bankrupts, and the Stock-Exchange Business of that Day up to Three o'Clock. All persons, therefore, wishing to be served with the Dispatch of that day, or to become permanent Subscribersat the commencement of the New Year, are particu. lady requested to send their orders in time to the News-venders, or to the Publisher, at the Dispatch OfFee. It is expected that all kites, with orders, shall be psst.paid, an d I have a re fere nce for payment to some house in London. N.B. Early in this month will be published. a Title and Index to the Weekly Dispatch, price Is. The Frontispiece, exhibiting several Views of Old English Sports, drawn and etched by J. R. Cruikshank, alone is worth Ss. Weekly Dispatch Office, Wine Office-court, Fleet-street, London. TO LITERARY GENTLEMEN, PUBLISHERS, AND OTHERS. TO be SOLD, the COPYRIGHT, &e. of a PE RIODICAL WORK, of Merit and Celebrity. Satisfac tory venom will be gives by the Pr o p r i e t or f or w i s hi ng to part with it. Apply by letter (post-paid) to A. 8.. Mr. Jackson's, MI, New- Illadnitrreet. Strand. EXETER, PLYMOUTH, DEVONPORT, AND FALMOUTH. THE DEFIANCE new POST COACH, f rom t h e Bull Inn, Aidgate, and Fountain Booking-office, Cheap. side, every Afternoon, at a Quarter before Four, through Basing_ stake, Andover, Amesbury, Winamtoo, Yarcombe, and Honitoo, to .... Lotigdon's Hotel, Exeter fin twenty.one hours), Rom whence it ,s without delay, and at the same rate, to the King's Aims Inn, Plymouth, and Weekly's Hotel, Devonport. This Coach communicates with the hidniouth Mail, at flonitun ; also at Es. etc? with Coaches to all parts of the West of England only one night on the mad between Londo n an d Davenport. Passengers and Parcels arc regularly booked for this Coach, at Nelms's Office, 42, Piccadilly. CHEAP CLOTHS, FOR READY MONEY ONLY. THE Proprietors of the GLOUCESTER WOOLLEN COMPANY most respectfully solicit the Trade to en in. spection of their very excellent Assortment of Drab Milled Hunters, Milled Drab Superfines, Blue, Black, and medley. coloured Cloths, an of which are of the best West of England manufseture, and may be had in any quantity (NOT LESS THAN AN END), at the Manufacturers' Prices, at their Ware house, No. 36, ALDERSOATE-STREET, opposite the Albion. SALES BY AUCTION. LEASEHOLD ?REMISES, H N C ERY -LA NE. AND ROLLS.BUILDINOS, FETTER-LANE, WITH IMME DIATE POSSESSION. By Mr. SAUNDE Y R At No. 116, Chanced -lane, on FRIDA , S January 9, at Twelve, by order of the Assignees of 31r. J. N. Bailey, a Bankrupt, Lot 1. A Highly Desirable and Valuabl e LEASE -1-1.. HOLD ESTATE, No. 116, on the West Side of ("cancer .lane, well arranged for a Bookseller and Publisher, COM. prising six bed-rooms, witla closets, dining-room kitchen, modern double front e d Sh op , f orty-four feet deep, cellars and domestic offices, held under a lease, of which ten years were unexpired at C4:lnmas last, at the very low tern of 421. 10s. per annum. Lit ff. A LEASEHOLD ESTATE, situate No. 19, Rolls bulklings, Fetter-lane, well arranged for the business of a Printer, equal ing a large composing-room, composing and press-rnonts, three ware-rooms, binding and wetting-roorns, held under a lease, of which fire years were unexpired at Midsummer last, at the low rant of 701. per annum. To be viewed, and Printed Particulars had on the Premises ; of Meows Taunt and Preston, Solicitors, 29, Coleman-street ; and at Mr.Saundenis Office, No. 211, Flea-street. TO PRINTERS, BOOKSELLERS, PUBLISHERS, BOOKBINDERI4, lea By 31r. SAUNDERS, On the Premises, No. 13, Rolls-buildings, Fetter-lane (br order of the Assignees of Mr. J. N. Bailey, Printer and Publisher, a Dam BankmPt) even M ONDAY, January 12, and Three following at ElClock, TH E PRINTING-OFFICE, STOCK of BOOKS, COPPERPLATES,74O49 WOOD-CUTS, BOOKBINDERS' Ace.; containing nearly Three Ton weight of Letter, calm Fißeen-line Pica to Nonpareil, with an Aksemblage of Leads, flowers, end ornamental Rules, capital Iron and other Printing ca ses. Frame s . Chases, Racks, Imposing Stov e s, L e tt er B oar d s , Brass ‘Vetting-tmughs, Sinks, upright Book ars with iron screws, and every other requisite used in the r.intirg Business, sun d ry Standing Forms of popular Works, and p(vestype Pl a t es , wit h an extens i ve Stock of Juvenile Rooks, ,"Phk". Periodicals, Plays, and other esteemed Publications; '',Per.plates few School-pieces, Valentines, Song Books, Fron d s_ Dines to swims Work', Wood-tuts to Children's Books, a useful Assortment of Bookbinders' 'Fools, Cutting-presses, /41. c. &c. be viewed two days preceding the szle. Catalogues, with : s jinanens of the Type, may be had on the Premises ; of Messrs. :hen and Preston, Solicitors, No. 29, Coleman-street and at 31% Saunders's Office, DP, Fleet-street. HERTFORDSHIRE WINTER ASSIZES. SECOND DAY. HERTFORD, WIDNERIPLY, JAN. 7. The public excitement, as may be supposed, continued in an undiminished degree, to hear the termination of this most interesting trial. Greater exertions were, if Possible, made to obtain admission; and the desire to he present was greatly increased by the anxiety to hear Thurtell, who was expected to speak in his defence almost at the opening of the Court. More constables were on duty this morning than yesterday, and they were more effective in the dis charge of their duty. The throng outside, however, was equally great ar on the first day. The same arrangements were generally observed; and, with a slight diminution of disorder, the scene within and without the Court-hourc was nearly similar to that of yesterday. 'f he prisoners did not breakfast this day at the Court house. They were supplied with a comfortable breakfast, however, at the gaol. Thurtell and Hunt, at their own desire, came together in a chaise to Court. They con versed familiarly, and with apparent friendliness. This is the first time, since their committal, that any inter course has taken place between theta. It is likely that the awfulness of their situation, and the possible, if not probeale. fate that awaited them, imp in the 'hinds of each sentiments of mutual kindness and Tenths. ing friendship. The Judge arrived at the Court-house precisely at nine o'clock. The prisoners appeared in the saute dress as yesterday. They looked somewhat fatigued after th r long and protracted tnal of the preceding day: the self-possession and manly determined deportment Thurtell did not in the least degree abandon him ; and though Hunt appeared, at intervals, greatly agitated, his countenance and deportment did not however generally betray such symptoms of anxious fear as marked his whole frame and manner yesterday. Mr. Justice Pass, on taking his seat on the bench, in quired if every accommodation had been afforded to the Jur7. 'I he Foreman replied, that they had experienced every civility and attention that could be expected. The examination was then resumed on behalf of the prosecution. EXAMINATION OF WITNESSES. A technical objection being taken, as to the site of Times house, by the defendant's Counsel, G. Ruthven was examined—l know Conduit.street s It is situ steel in the parish of St. George, in Middlesex. 1 had Probeet in custody on the day that the inquest was held at nurse; he desired me to go to the Magistrates, and to say that he wished to make • communication to them. I accordingly went to the Coroner, and made the communication he desired. He was then taken up stairs This occurred at four o'clock in the morning: before that he denied all knowledge of the murder. Thomas Thurtell recalled—l saw Hunt on the Friday of the murder ; do not know whose clothes he wore ; he wore a suit of black on Friday and the same on Saturday. Hunt frequently bor rowed clothes from my brother and money from me. Ota Str.day I saw him at Probert's, when he appeared to me better dressed. I do not know whose clothes he wore then, but they appeared some of a better description than those in which I had previously sees him. Mr. (ii awi here intimated that the case for the prosecution had how closed. THURTELL'S DEFENCE. Mr. Justice PAU IC then informal the prisoner Thurtell that if he had anything to say in his defence, the period was arrived when he must state it to the Jury. Thome!! then rose, and baring bowed to his Lordship, he turned towards the Jury, and addressed them, in a flint sod audi ble voice, to the followirg effect:— May it please your Lordship—Gentlemen of the Jury—Under greater difficulties than ever man before encountered, I now rise to vindicate my character and defend my life. I have been supported in this hour of trial by the knowledge that my ease was beard before an enlightened tribunal, and that the excellent land- Minton of my country have plead my fate in tho bands of timbre own unbiassed by prejudice, 'and unread by power: rhos* ads. represented by the press, which carries its benefits or curses on rapid wings from one extremity of the country to the other, as a man of depraved habits, more profligate and cruel than any heard of In modern times. I have been held forth to the world as guilty of a murder under circumstances of greater aggravation, and alto gether characterised by more cool and premeditated atrocity than any recorded in the calendar. af crime. I have been represented as ■ ruthless, remorseless, heartless, prayerless villain, who seduced his friend Into a sequestered path to despatch him with greater security. I have been repreeented as • monster who crept into the besom of my friend only to destroy him. I have been unhesitatingly declared guilty of • crime at which human nature stands aghast, and represented, after having committed it, as having washed away the remembrance of my guilt in the riot of debauchery. You, Gentlemen ef the Jury, have read the de tails which have been daily, nay, hourly published, and it would be requiring more than the common virtue of our nature to ex pect that you can entirely divest your minds of the feelings—l will say the creditable feelings—which such relations are calcu lated to excite; but I am fully satisfied, that as far as possible you will enter into the grave considerauoos that fall to your lot, with minds unbiassed, and judgments uuprejudiced. The atrociou s calumnies circulated against me, rendered it necessary to hay this trial delayed; but this day you hare assumed your sacred office. In the first place, Gentlemen, I must remark that guilt, such u mine is represented to have been, cannot have been the effect of custom, but must have been the innate propensity of my infant mind. It must have " Grown with my growth, and strengthened with my strength." But you will this day hear, from gentlemen whose characters are unimpeached, and whose testimony is above suspicion, that the time was when my bosom ovcrP.owed with the most kindly feelings, and my only failings were those of improvident generosity and un. suspecting friendship. Beware, gentlemen, of preconceived opi nions—brware of an anticipated verdict. Believe not that a few short years could so have reversed the mune of nature, as to hays converted the benevolence I possessed into what none but demons tan resemble. No, Gentlemen, rather believe that the press has of late become the propagator of innumerable slanders against me, and that, deserting its duty, it has been more zealous in pandering to the worst feelings of public prejudice, than in preserving that high, dignified, and impartial character it used to sustain. I was reared, Gentlemen, under the auspices of a kind and, above all, a religious mother, who early directed my tender accents to the praise of Him sho searches the hearts and guides the understandings of you, Gindenien of the Jury, and the Learned Judge who presides over us. My father is also remark. able for his piety, and universally beloved for his kindness and charity through all the sphere of his acquaintance. On leaving my paternal home I entered the service of our late lilonarch, who was emphatically termed " the father of his people." Foe some years I bore a command, ar.d served under the colours of my count try; and it is my pride, that I never disgraced the one or tarnished the other. " I have done the State some service." It is my consolation that I have fought and bled for my country; and can you believe, that be a ha feared not, amidst its open me tales, to raise his arm in its defence, could uplift the knife of the assassin against his friend ? Oh ! Gentlemen, it is monstrous, hor rid, incredible ! Among other charges, I have been represented as a sporting character—a gambler. To this accusation my heart pleads guilty; at least I have been so, though it is nearly three years since I was inside a gaming-house, or witnessed s fight, or race, or any sporting exhibition ; neither have I won nor lost a sin gle shilling by gambling of any description. But if the charge were true, I have yet to learn why I should be put out of the pale of society, be e I have followed a practice of which half the Nobility set me Imple, and some of the greatest statemen of the age have been the apologists. (An attempt was made in the gallery to applaud this passage of the prisoner's address, but it was immediately sup pressecl.)-111'hom have I ruined? whose family have I undone? My own family hare suffered; I am myself the only victim. I feel I am labouring under great difficulties, and such a mass of ca lumny as man had never before to bear; but, oh ! Gentlemen of the Jury, I beseech you, by your regard to the sacred obligation you have taken, beware of an anticipated verdict. It has been remarked by one of the sages of antiquity. that no person becomes wicked at once. I will lay before you the progcsts of my fife since I left the army, and I hope, in so doing, I shill not tire your Lordship, or you, lientlemen of the Jury, with unnecessary repetitions—(The prisoner appeared coosiderably moved as he proceeded with his ad dress).—Oentlemes of the lury, you will.sygard my situation with compassion. What Mosom can suppress a sigh, what eye can re fuse a tear, when you behold a wretched man before you, pursued and oppressed as I have been, now upon my trial, charged with as offence in *inch death must Mow on conviction. But though the full heart may be relieved by indulging its sorrows, no pencil can pourtray my feelings at this momentous period of my fate. When you consider the megnitodt •of my stake, and the work ings of a mind ill at ease, I hope you will pity and forgive me. The peace, which shed such a lobtte on the fortunes of the nation, cast a shadow upon mine. I left the King's service, and entered the commercial world with all those feelings of generous enthusiasm which my military profession had sherished—feelings as general in that society I had left, as they were %wife to the principles of that into which I had entered. I considered every man& man of honour. romen I treated my commercial friends as I had always treated my private friends. The atesequenee was, that my mercantile transmit= were race at the mercy of the former, as my purse had ever been open to the necessities of the latter. Any forgone, however ample, must sole have proved unequal tomes this double Claim. I became &bankrupt. A solicitor, who was my eats lad meat familiar friend, Demme a endear tome, mid pee* ever *she maks at my maths. 1 visa I had bum dam w enter thlipathe at sensate vale. 1 abetthi dm retained the ettealr my Meads; Ima Itiks4 is Nam ail theist, I should berspilieerred my miltamptta. Vea 'Mow, Gentlemen of the Jary, issw ohm the ovaries of a a:editor inducts him to run counter to Ms Tat, sod datroy the fair prospects of an unfortunate debtor. Mr. Thomas Osborne Springfield was my principal creditor. I had obtained thesiimetures of some of my creditors, and the promises of the rest, to a petition for supersed ing the commission of bankruptcy; but whim I vainly Uttered myself that my misfortunes had coma to a close, and my better fortune was ripening, there. " came a killing fleet." My principal creditor demanded a hew of WI. for his cement, and he was backed by the person who meted as his and my solicitor. I spurned the dishonourable offer, and was cast upon the world—the dupe of many, and despised by all. My brother, after his mini in London, entered into the same line of trade, and he availed himself of my information to manage his bushman. His warehouse was acci dentally destroyed by fire, as it was proved after a laborioue inves tigation by the decision of the Jury, under the direction of the Learned Judge (Mr. Justice Park) who presided at the trial of the action against the Fire-office. It has been since represented, that it was no accident, and that I was concerned in removing the property before the tire. I most unequivocally deny this assertion, and I am sure it will most unequivocally be proved to be false, when the charge of conspiracy shall be brought before the regular tribunal. Conspiracy, indeed ! Where does the conspiracy exist? Where, but in the ems of Barber Beaumont, who suborned witnesses against us, and paid for fahe testi mony. His is the only conspiracy. He is the only criminal. This pretended reformer of abases--this champion of liberty, who had the audacity to hoist the standard of rebellion in front of his Monarch's palace !--he has a bead just capable of NOM ceiving crime, without a heart capable of feeling fir the eases. quenees. The case, however, will coma before the Lod Chief Justice, and I have no doubt it will be fairly tried, The mouth of my feelings may have betrayed me into some impseasiess that are inconsistent with , the decorum doe to this place, bat-- " The leek will quiver mhos the pincers tear; The blood will follow when the knife is driest." It has hem asserted by the public pram that I was the suers of decoying Woods into Manchester-buildiseps. for the wpm, of, I murdering him. It is stated that he said ha raw male the mow of the house. It is happy for me that I cam poweehZ the Issillog7 *inspectable friends at Norwich, that I Tar time at the ram as mem is! Far the salts of an Sonoma fop* inyilleare Sever, plepaidll I_ ject to be called before a jury of his empstaphiet teak lob * "We of o blo q u y* ** prejudice urea hhe, who he light di Mama at their disposal. The press, whidsdrealb be the AnemP utill i gl i" the redresser of wrong, which meld M have agebised to pregerriag the parity of that noble imedentigem-the Mel by jury Pu" I say, has published eteldesents wild* soda other could only hen Irma elesdalud ee peaty the grimiest esedulitf• The most &treeless dambes have been published, sad the vicious appetite of the public preepgrador as excess happily Iselseeeebeeied- What would ban Send OP IMAM any other man, has in my case may tinged it with $ deeper dye. One would have thought that the yeses I spent in them:vice of my gauntry would have entitled me to owe claim ale the consideration of my fellow.anunrymen, but is my case It seems the order of nature was reversed, and the character of events changed because I was connected with them. The act with which I am charged has cart its livid shadow over days long put. livery deed of my life has been examined to send me with more hopeless prospects before you this day. I have been told, that when the battle is over, the yielding, wounded, and un offending, are spared, but no quarter is shown to me. The prisoner's agitation bad been increasing for some time, as he proceeded, and he was now obliged to suspend his address, in consequence of his tests.] Mr. Justice Pill advised him to sit down a moment, and MOM himself. Thurtell resumed.—lt is represented that my supplicating friend fell in cold blood under my steel; it is said that after murdering him I titled his corpse—nay more, that I boasted of it. Is there an English officer, an English soldier, or an English man, whose heart does not revolt at so dastardly and bus an art ? Far better wduld it have been, me I had seen this day, bad I fallen in the field, turning with patriot arm the tide of battle—far better, than that my father and family should be plunged into mourning for my lose with shame and ignominy. [He was again mach agitated, but in a minute he proceeded-] Before I proceed to read over the notes I have taken of the evidence gives, is consequence of the bumble conspiracy against my life, I beg to return my sincere and heart felt thanks to the High Sheriff and Magistrates, for the attention they have shewn me during my confinement. I beg also to ex press my regret that any miausdastanding should have occurred between the Rev. Mr. Lloyd, the Visiting Magistrate, and my Solicitors. I sincerely regret it happened, but I hope and must the bonds of amity are now thrilled. The Rev. Mr. Franklin is also entitled to my gratitude; he has inspired me with that awful sense of religion, by which I am trebly armed, and have been enabled to appear even before my enemies, with fortitude and firmness this day. To Mr. Wilson, the Governor of the gaol, though last not least, I tun also deeply obliged; he has behaved to me in a fatherly manner; my memory must perish ere I forget his goodness ; my heart will be cold when it beats not for his family's prosperity and happiness. I have now a few observations to read on the evidence ; I shall afterwards call your attention more particularly to it, to show how far it is like that adduced iu some cases I shall cite. I shall thew that it is full of contradictions, and principally derived from the testimony of a person who comes forward against toe to save his own life. Beeson, the first witness says that there are several roads to Gill's-hill-lane, so that the inference attempted to be drawn from my horse's head being turned towards Beeler's-green, is without foundation. The body was pointed out by Hunt. He was not ignorant how or where it was placed ; he had placed it there himself; the witness also said it could not have been put there by one person. What proof is there that it was not put there the same night of the murder ? What proof is there that it was e►er in Prubert's pond ? None but the evidence of Probers himself. I shall now lay before you the proba bilities of the we. When I have passed through the evidence you will see there is none particularly to the point of my guilt. There was a pond, it appears, near the one in which the body was found, much larger and apparently better adapted for its conceal ment than the shallow one in whkh it was - deposited. Who then would have chosen the pond in which the body was actually placed, but a person well acquainted with the country, and who would therefore have known that the larger pond was often dry while the smaller one was never ? An answer was elicited by the learned Judge, by which it appeared there was a rope wrapped round the sack. Both these were purchased by Hunt. I now come to the evidence of Rezworthy. This witness, let it not be forgotten, is by profession a gambler, and the supporter of gamblers. Ruthven speaks of the dress in which he arrested met but what is there surprising in the appearance of those clothe', when it is considered that they were worn by Hunt for two deli? Hunt and Probert put the pistol and the knife into the pocket: When f was talon, there was no attempt to conceal myself. Berth the door mid the drawers were unlocked. Was this the condtict d t tthirdaret, anxious to deprive the pmsecutors of the means of convicting bins? They found a shirt and cravat marked with blood. ?tubing else was there of a suspicious nature. Those were what my brother had pulled off. I never had than on. I forgot to I ' mention it to him when he was examined ; but he knows well that I never wee white neckcloths. The officer kited that there was another person la the mom with me. Was it prudent, if I had been guilty of what is imputed to me, to have suffered another person in my mom, who might have discovered and disclosed my guilt? On his cross-examination by Hunt's Counsel, this witness says nothing of any similar *pennon about Hunt. The officer had to break open his house. Simmons produced a red skew] handkerchief, which it was afterwards pawed was given to Hunt on the evening of the murder. The sack was bought by Prebert and Hunt on the same evening on their road to cottage. And now I come to the evidence of the only man who ventured to con nect me with the murder. Who is he ? What is the nature of his evidence ? Does it satisfactorily amount to a conviction of my guilt ? This man, wording to his own amount, was a mindere', • man of abandensed , who introduces ember, hot from the &Imagism of es the fit sompanien of his wife ! Whom was oissiseedipipsnassd ► A grams its sibllsis his cottage, and within an hour of hla lotroductin of the ISOrderer. Where was the body thrown ? Into his own pond. Who took it there ? Himself. He hod a family of eight person raiding in • small cottage ; yet from his own 'hewing he allows me to take down a friend, when he must have known he could afford no kind of ac conmodation for either of us. He now gives a true Recount of the loan of ten pounds. Before the Coroner and the Magistrates he gave a different account. Yet on such evidence alone, you are to 400111 me to an ignominious death. There is a great different* be tween the statements of Hunt and Prober' ; yet these men tan a race to be admitted as approvers. They put their evidence up to auction, In hope of finding a bridle (bidder), in proportion to the length of their CORSCiSOCC. He professed to relate a conversation between himself and me, in which be shews the proposal to have been familiar to him. I told him, he says, that lam going to do Ware, as be had robbed me of several hundred pounds. Could I be so egregiously foolish as to make such a proposition to • total stranger? Probers says that I told him Hunt was to stop at a certain place on the road, to which, by the by, ha was • stranger ; for it is admitted on all hands that he sera was at the cottage before. Why, then, was this statement made? Because it had been agreed between Hunt and Prober' there to commit the murder. Look at his con. fession before the Magistrates. They both admit that they were to meet as a particular spot, Is it credible that Prober' would al low a stranger, as Hunt then WIN to him, to go down to his cottage unless he had known him and his errand ; yet he admits he was to hays advanced 90 shillings to take Hunt down, if he had not taken him in his gig. They purchased the pork together, and regaled themeless on the road. Is this not convincing that they were going on a joint business ? I believe firmly that Prober' and Hunt invited Wear* to mot them, and that there deign was, that I should fall the victim of their guilt. They had prepared themselvtu for their bloody business by the quantity of broody and water they took on the road. Hunt slob en the sofa at Gill's-hill. Probers had agreed to re. olive us without baring any accommodation. Hs had no spare bed for either of we, without depriving Miss Noyes of hers. As to dm property spoken of by Prober', as taken out of the bag, I *WU mho no obsavations, as the statement from him is entirely eeneheent wish my innocence. Was it possible, aosidering the awe end awful danger to Probst, who, as he staid , bad no pre view information on the subject, that I should not fall to swill a OMR Oa mom Wee Wm Moe Vinous When t ffetiewr" isilhim ofeny intention to murder Barber Beaumont and Weeds, she Tatter of whom he sates was on the eve of marrying Probert's sister. Is h likely I should intrust such a secret to Probert, et all man living? Observe the difference between his evidence and his wife's. He says he took the body through the larders gate, and thence dragged it to the pond. Mrs. Probert says she saw it taken to the stable, and from thence down the garden. He says he took a lantern, while his wits state Oar it was a fins moon-light night. Probert says he went to bed home distely, and did not get up till nine the neat mconag, with what truth will appear in his cross-examination, and the evidence of his servant boy. He says I observed, after he told mu that Nidsoll's had heard the pistol, " Then I'm baled." Yet it tip. pears I returned to London, and lived where 1 had all the preceding week, with both my drawers and room unlocked. Probert says, Hunt tame down on the Sunday very dirty. He was in the black coat SC= by my brother on the Friday night. I am satisfied, Gen. denten, you will reject the testimony of such a man, and wholly disbelieve his statements on this disgusting subject. Ile admits that he did not entertain the intention of fixing the crime on me, till Hunt confessed; and then began the strife which should make out the strongest case to obtain the mercy of the Crown. After much prevarication, though in his examination in chief he swore he was not down stairs on Sunday till after 9 o'clock, be refused on his aces-examination to swear lie was so late as eight, and his boy says distinctly that he was up at seven. The character of this' witness was wrungfrom him by Mr. Andrews. He admits that six or seven times he was committed by the Caimmissioners of Bank rupt for perjury. I will not comment on the disgusting artifice and affectation with which his wile gave her testimony. It was evident I to all who saw her ; nor will I say any thing on her receiving and retaining the gold chain, after all she knew about the murder. There was a great inconsistency of evidence between her and her husband. She says she saw two men bring out a tuna from the stable and take it arta theback gate. Her husband says he took out the horse to fetch the corpse. She says it was dragged to and from the pond. She also speaks of whispers which she heard up a whole flight of stairs and through a door. It is clear that a tale had been concerted between Probert and his wife. I kno► not, but I believe firmly, that the body was never in Probert's pond at all. Mrs. Probert ex plains the circumstance of the supposed grave by stating that she had a potato store opened. Probert says the body was stripped be the side of the pond, but I could not learn on which side. In a print published of the transaction it was represented to be on the opposite side of the pond to that to which Mrs. Probert says she saw roe drag it. I now pass on to the evidence of Probate, the horse-keeper. His nanie I believe is spelled the same, but a difference is made on this occasion for the sake of distinction. From him it is evident that Hunt hired the hone and gig; he got every thing ready ; he took the shawl, afterwards found round the neck of the corpse, and Probert supplied him with a sovereign to pay his expenses. The evidence of Clarke, of the White Lion, at Edgeware, should betaken into your serious attention. Ile says he met a gig on the wrong side of the road; there was also a coach passing, the light of which enabled hint to distinguish my person. This statement must he false in the nature of things. Is it possible that on die opposite side of the road, on a dark night, a man passing quickly in a gig could be able to distinguish my person by the lamp of a coach passing be tween us ? The lamp would rather hinder than assist his view ; but the circumstance of my being on the off side, having a gentle. man on my left, must have prevented him from catching a glance of my countenance. Endeavouring to prove too much, he fails wholly. The demeanour of Clarke proved that he was n man on whom no reliance could be placed. Ile is one of the worst charac ters in existence; no man that knows him would believe him on his oath. I beg also to draw your attention to the testimony of the hack. ney.eoachman who set Ware down at half-past four. lie said it was precisely that time when the deceased left him, and that a man in a light shaggy coat assisted him to carry away his luggage. All the witnesses say I did not lave Neese:Fs that night till five. This establishes the fact that some one else met him, and that this charge is founded in a conspiracy against me ; but if he had been allowed to see me, as the others were, perhaps lie also would have identified me. Freeman states he met a gig with two men in it. He told the Magistrates this was a yellow gig. He now denies this statement, though to my perfect recollection he then made it. Clark, the hostler, proved the night was too dark to see any thing. Mr. Justice PAR I:- -1 du nut wish to intereupt you; but don't Email, yourself, by stating ai fast wide\ I malt poussily diet. Tbs loan did not state it Ind • pile* * row msoop tram However, go on. Thosell resumed—lt is so impreskil let mini aniiirigNit the evidence of Yield says Prof ere Slid itliehliiktd.babo at a quarter past seven. It is quite close Wit IMO time, by the nearest road, for them to # old deed and return to the Artielsoke, by tie course was to fasten their oven guilt on lab can you believe that Protiert, without' a or done, would lease his eompotion Hunt; on a sight, add and a half from his cottage, without knowing why t Is it pesilde you coos be se imposed on t With respect to the endow of Upson, Wbo spoke of a cosveltation which I had with him, I admit that his evidence pin part corset; bat k it not true that I spoke to hint the positive manner in width be says I did. It is true I said that Illtus was a gent s coundrel; but only acco-manied it with the elemettlieet, that if I were in the secret I would not boat it. This is no evidence of my gent. Very circumstantial evideoce lied been given of the watch. If then the knowledge respecdkg it wid so perfect, why was it not predated! Thetis Is not, Gentlemen, any evidence so unwise...ldg ektillee. manual evidence; it is the most fallible guide to leitsesJedgiddes Ins ancies are upon record of a father being coadesediettikellitedir of his child, and a girl executed for theft, abed siliseethe weaned parties were innocent. These, ea wdl ep parag eilllt esweses, femiated-sad memorials of eniegwidel halm* odd al veiled solely on ciecanotential evidence. IThe petseets died severd instants. recorded in Lord Hale, of the mieshkfe which bare occurred ftom conviction founded to arcamstartell diddled only. Amongst others, was a ease mentioned, In which A was missing, B was suspected of having consumed him to ashes Os ibio slight circumstantial evidence on which the sespicies washoesied, B was executetL Phortly afterwards, however, A 1111111111111 i abroad, where he had been, and in his own person satided de is. justice which had sentenced It to an unmerited death. The pet. sorter proceeded to mention various other anecdotes fives the seine source, with a view of pointing out the injustice that freqesedly arises from condemning a man solely on circumetantia evklaise: There was not in truth any more unsatisfactory rale of juipmes.l The prisoner then reed the following from the " Peaty Asee. dotes,' as precedents, with a view of showing the &agar Roes. 'Wines any man charged with murder, solely on dresumuseil evidence:— _ _ _ " In tbereign of Queen Elizabeth, a penny was arralgssite+ fore Sir James Dyer, Lord Chief Justice of the Castor rum. upon an indictment for the murder of a man who dwelt in din lane parish with the prisoner. The first witness against him deposed. that on • oink& fing, mentioned by the witness, in the morning, as ha was ggins a close, which he particularly described, at some dintsmia= path, he saw a person lying dead, and that two wands Agymand in his breast, and his shirt and clothes were mush NNW with blood ; that the wounds appeared to the wittiest t• hits• heal ma , by t he puncture of a fork or some such isesruser t about he discovered a fork lying near the ours, Wish ell up, and observed it to be marked with the iniuele of Sr Obsesses name; here the witness produced the fork in court, whisk the pel. soner owned to be his. " The prisoner waived asking the witness ay Minna. " A second witness deposed, that en the meenimf of the dey en which the deceased was killed, the witness bad sissy very earl with an intention of going to a neighbooriag Mode* Sown, whieb he mentioned ; that as he was standing la the easy of his own dwell. ing-house, the street.door being ups. be saw she prisoner eine by. dressed in a suit of clothes, theoriser sad holies if *bids beds. scribed ; that he (the witness) was prevenswil ASS gelisp Se and that afterwards the first witness liseught slides te the Mn l ' the death and wounds of the deceased, sad of dess er ftwit being found near the corpse ; _that upon this tepees was apprehended, and carried before a jusice of poise; be, this witness, followed the prisoner to the justices boss,, and ammidled his examination, during which be observed the Odra's the prisoner had made since the time be bed seen kir Ti dienterra- Mg ; that on the witness charging him with he eling theft* his clothes, he gave several shuffling mowers, sod wadi hem dasied it ; that upon witness mentioning this eheemnienor at change of dress, the justice granted a warrant so south the pebehees boos, he the clothes described by the witnesses bwebighspepin we dace Ihireneselwg i rites the ukases imeadatesessithlhithellasethis a that allots nice search of two hours and upwarille, die very dashes the witness had described, were discovered conceded lo &strew bed. He then produced the bloody clothes In men, widelrthe prisoner owned to be his clothes, and to have been thrust Jodie straw bed with the intention to conceal them se the wreath of their being bloody. " The prissier .Lo waived oohing this meta wits, any questions. " A third witness deposed to his having heard the primmer de. liver certain menaces against the deesase whence the prosecutor intended to infer a proof of malice prepense. In answer to this the prisoner proposed certain questions to the court, leading se a die. covery of the occasion of the menacingrapressone deposal to; and from tare witness's aoswer to those questions, it appeared that the deceased had first menaced the prissier. " The prisoner being called upon fee his defence, addressed the Billowing narration to the court, as watal..ing all he knew aseeern ing the manner and circumstances of the death of tot sIONININI. ' He rented a close in the same parish wg the deemed, amid the deceased rented another close adjoining to .. ; the only way to his own close was through that of the deceased ; and on the day the murder in the indictment was said to be committed, he KW city in the morning, in order to go to work in his close with his fork in his hand, and passing through the deceased's ground, he observed a man at some distance from the path, lying down as if dead or drunk; he thought himself bound to see what condition the person was in; and on getting up to him he found him at the last extremity, with two wounds in his bras, from which much blood had issued. In order to relieve him, he raised him up, and with great difficulty set him on his lap ; he told the de. ceased he was greatly concerned at his unhappy fate, and the mere so as there appeared reason to think he hail been murdered. He 'nitrated the deceased to discover if possible who it was, asset* him he would do his best endeavours to being hint to justice. The deceased seemed to be sensible of what he said, and in the midst of his agonies attempted to speak to him. but was seized with a raiding in bis throat, gave a hard struggle, then a dreadfid groan, and vomiting a dral of blood, some of which fell on his( the prisoner's) clothes, he expired in his arms. The shock he felt on account of this accident was not to be expressed, and the teas as it was well known that thee.: had been a difference between the deceased and himself, on which account he might possibly be suspected of the murder. He therefore thought it advisable to leave the deceased in the condition he was, and take no furtive, notice of the matter ; in the confusion he was in when he left the piece, he took the de. ceased's fork away instead of his own, which was be the side tit the corpse. Being obliged to go to his work, be thought it best to shift his clothes, and that they might not be seen, be confessed that be had hid them in the place where they were imited. It war true he had denied before the Justice that he had Wowed his being conscious this was art ugly circumstanced's* might b::42 against him, being unwilling to be brought ism tremble if be could Vlore help it. He concluded his story with a most ' nos, that he had related nothing but the exact tauth, adding or diminishing one thtle,as he should answer for it Anightv. " Being then called upon to produce his witnesses, diassimoser answered with a steady, composed countenance god naelunon of voice--' He had no witnesses but Ciod and his owe epsedence.' " The Judge then proceeded to deliver his chew, is which Ile pathetically enlarged on the heinousness of the ceima g aell laid greet stress on the .force of the evidence, whit*, elliwilagh carom. stantial wily, he declared he thought to be inesillibbr, and little inferior to the most positive proof. The primer bad indeed cooked up a very plausible story ; but if such or the like allege. tions were to be admitted in a ease of this kind, no murderer would ever be brought to justice, such deeds being generally perpetrated in the dark, and with the greatest secrecy. foe present case was exempted, in his opinion, front all possibility of doubt, and they ought not to hesitate one moment about finding the prisoner guilty. "The foreman begged of his Lordship, as this was a lase of lite and death, that the Jury might withdraw ;_ and upon this maim, an offiLtr was sworn to keep the Jury locked up. . . " This trial came on the lint in the morning, and the Judge having sat till nine at night, expecting the return of the Jury, at last sent an °Meer to inquire if they were agreed on their verdict. Some of them returned for answer, that ekven of their body had been of the same mind from the first, but that it was their misfire. tune to have a foreman, who, hating taken up a different opinion from them, was unalterably fixtd in it. The messenger had no sooner gone than the complaining uttinlyers, alarmed at the thought of being kept under conliaenient all night, and despairing of bring, ing their dissenting brother over to their own way of thinking, agreed to accede to his opinion, and having acquainted hint with their resolution, they sent an officer to detain his Lordship a few minutes, and then went into Court, and by their foreman brought in the prisoner net gnitty. " His lordship could not help expeeming the greatest surpris: and indignation at this unexpected verdict ; and after giving the Jury a severe admonition, he refused to record the verdict, and sent them back again with directions that they should be lucked up all night withoutftre or [walk. The whale blame was publicly wa t ir laid on the foreman by the rent of the members, and t :pent the night iu loading hint with reflections, and hewn . • un happy fate in being associated with so hardened a But he remained inflexible, constantly declaring be would death rather than change ns opinion. " Atsowt a his Lcwdnhip came buerawmi Newt morning, he sent Lgain to the Jury, un which the them Imerbeve joiued in re. que.ting their foreman to into OMR, sommiai him they would abide by tbeir farmer verdict wbateert its ter: ea ttecp:nce ; and i • `: ~ I r I ~'. ,~ u i. +, ',l II I ~;~ ` ~a