The Sun. — London, England, 1823-12-05 00:00:00

4 „. . vi4;-41, 73,•:;:1.' • , , • It. • S• , r #t• /1/2 C-1/1"--4 j ,71,404101 E, E („3 _, ) 7,r, r, y -2 N NUAIBF.R 9761. FRIDAY, DECEMBER 5, M 3. 'Pic.rudiLLlNG-OFF le g, Nor , . t 4, 1 533, " E CO MM/SSIONERS for VICTU4L. LING Ms 31.1.IliSTrS .Yc. do hereby ere -:iVafar, that at. 7'wielay, Ike 9th Decenaiwr 'text, they WI. Le ready to receive Tenders in terking. (sealed 4), and treat for a quantity of IRISH. NAVY BEEF and PORK, equal to &mit Two Thousand Tierces of the farmer, and Four Than. rang Tierces of the latter, of the preterit Season's curee to lie dahiotrod (two third parts in Tierces, and one third part in 114r " 14 ) , into h 4 11J'ajesty's Pietualling Stares at Deptford, 6,10,, u th e lit J uniorq and ne.rt, and to be paid 1 ::: 1, 6 . 1/ payable, without interest, .ti4dy days after !he Tenders for the Beef aged Pork are rrquired lo bet se 'arete'• an d no aifer to be wade fur a less yanatity than rierces of Beef, or 4on Tierces of Pork. rheiorrsal the Contracts may be eeets at this Office, (9r alTtYing to , il r. J, IP, Dmitri:m.llle, ...4gent for the st r ie.tualling at llaulholvti oe , Cork; to the Collectors of Hie ' Cll.llOlll, at Limerick, lirlfsst, Newry, and fra• f ":fited; or to th e S ecretory to t h e Postraaster-Gearral at Each Tender must specify the Pelee in fronts at length, "kl be delivered before One o'Cloth on the day appointed, iona be accompanied by a letter signed by Tire re* 41.19naible Persons, engaging to 6EICOIIII , bound with the Party t "ilerbig, in the penal sum of one third part of the value, fflf Ad due performance of the Contra"' The Person who ninhes the Tender, or tome Person on Lrhaf, must attend to answee when called I% 4V. 17 - ri It CI, 1,7'0 Y. WEST INDIA DOCK COMPANY. HE coma of DIRECTORS of th. . WEST INDIA DOCK COMPANY do hereby give No. 14 $, that fhe TRANSFER BOOKS of the said COMPANY " I be SIIUT 0.1 Saturday, the 6th instant, and OPEN . 4 '04 on Saturday, the loth January, 1814. By Order of the Court, 11. LONGLANDS, See. In India Doek House, Dec. 2, 1823. TUE COMMITTEI, REFUGEES from SE for the RE IA EF of the announce the following Subscriptions . Anonymous, from a Su baltern of the Guards 25 0 Loral Cowper, - 100 0 1(10 0 Lord Fi tz william Lord Geo. Cavendishs John Smith, Esq. .M.P.P _ 5 1! James Barnett, Esq. Sg g Daniel Sykes, Esq. 5 Col. Hugh Baillie 50 0 Col. Jones - 5 , Lieut.-General Long 10 0 Sir J. Newport, Bart. M.P. - - 5 5 It Powell, Esq. 5 0 "'RA...Gen. Sir Ronald • Fer ku , 10 0 ' e4l/ * ("; P l iler, M.P. 10 0 O Lord Holland ' 25 ; SV-J.b enison,Esq.M.P.soo A4r d len borou git 20 0 Alex. liaring,Esq.sl,p. 50 0 Jos. Hume Esq.ll.P.' 5 Wileerferee, Esq. ALP 10 0 Earl S %V. Co - . penke,cer Es - 50 0 50 0 uuke of Bedfordq. 31. P. _ 60 0 BirT.H.l?arquhar,Bart. 10 0 John Capei,-Esq. 50 0 John Farquhar, Esq. 60 It :Wellesley Esq. AI. p. 10 0 The Earl of Tankerville 50 0 Countess • Dowager of Tankerville " Lady Mary. Bennet 5 0 Ilaldimand, Esq. 50 0 Holdimand, Esq. 5 0 1,. P revost, Esq. 60. 0 C harles Morri s , Esq. 60 0 Jolla Ward, Esq. 50 0 Sa muel Ward, Esq. 60 0 11114Q)mmittee hold their Sitti juilespur-stree every Thursdal att bseriptiona t, will be received •", Maws. Hoare, Barnett's, U ma by Messrs. Berries, Farquhi Robert Campbell, Esq. - 13 0 The Marquis of Lane down - - 100 0 S. Y. - - 5 0 Hon. Lieut.. Col. Stan- hope - . 25 0 .Ford John Russell 20 0 Lord Wm. Bentinck 23 0 C. H. - - 10 0 Thos. Babington, Esq. Leicester - 1 0 Matt. Babington, Esq. 1 0 8. T. Lloyd, Esq. 21 0 Morning Chronicle 105 0 Fras. Cooper, Esq. 6 0 Messrs. Leake 3l 2s. 911. T. Bish, Esq. - 21 0 John Wells, Esq. M.P. 10 10 Erasmus Maddox 3 0 T. A. Phipps, Esq. 5 0 Messrs. Marryat & Son 20 0 Messrs. Morns, Prevost, and Co. - - 30 0 Wm. Fairlie, Esq. 25 0 Geo. Penruddock, Esq. 1 .0 E. 51. . - 1 0 H. Lloyd, Esq. . 5 0 Rev. S. W. Browne 2 2 Viceaiinns Knox, Esq. 10 0 Hon. Mr. Jervis - 1 1 (en. Lord byndoch 60 0 James-Mahon, Esq. 25 0 A.Roberbion,Esq. M.P. 21 0 Sir R. Phillips 2 2 Major Cartwright 6 0 Robert Manning, Esq. Stock Exchange 10 0 Major Morrie 1 0 R. 11. Sollz, Esq. 10 10 John Bowring, Eq. 6 0 :ings at the British Coffee-house, hy, at One o'Clock. by all' the Couutry Bankers; Imre, & Co., Lombard.street ; tar, and. Co., St. Jatnees.street. TO , BE SOLD. OXFORD Itegent's, 'Portsmouth and Arun 8 'lel, Thames and Severn Canal Shares. ,vtern and Wye Canal and Railway Shares. Zobuthwark Bridge shares. "red. Imperial, and Bristol Gas Light Shares. 4 1 ) Ply Edmeihds and Wolfe; No. 9, 'Change..islley. COrt This Day was Published, 11 OCKDALE'S CALENDAR for 1821, price.m. hound in red, containing he : The Royal Calendar. VI. The Almanack. The 4th The Index, )th ..anupanion. , The Peerage, with the Arms of all the Peers. 16 The Baronetaue, with the Aims Pf uli t j l a 114 tonelik t The whole corrected to the present time. The Nerae and Baronet:lgs may he had separately, each, i g n boards. Published by Ridgways, Piccadilly. PARSONS' HOOPING COUGH IEDICINE. A. N e Lirectual and Safe Remedy for this datt , r. g„, ; rris complaint, having been administet rml for many Ni:;:! constant success by Mr. PARSONS, Surgeon, fri vi ,d - "olg. Kent, he is induced, by the persuasion of his t e ," sstvllll have witnessed its beneficial rffreigi many re he ~,104"litiost severe cases, to offrr it tt , , the Public. Jr may t,ock 'mustered with perfect safety to Children of the must sl, , :lte, as well as to those at a more advanced period. Sak t ( ' Paelmets, at 2e . fl, each . by Messrs. Butler, Clue 'Afto! 4 1 . Cheapsid e , St. l'aul's, tit), Regent-street (near the Ltu "o4), 1.0(16011. lVaterlou:place, Edinburgh ; Sack thr_Atfcel, Dublin ti.",'*.t"fiut the United Kingdmo. umud' by time principal Medicine Venders dicir h '?„t citttful to ask for Parsons' 'looping Cough , ie. ---...a. Church, wi th ~,,,0 1 0 ‘ 6 0s Acts and Monuments of the . ..) )) t .. 4 ; Nts i Pinta EDITION (London, printeu 1 y ') 4562) was Intel sold for 56 guineas. i The Noun ' y IL,. D CIIANCELI,oIt has p resented. the , 0 • ).013 E ,,,„ ‘-. ••,, k/runEN, A—II., Curate of . twilorthi D urham, to the living Hur t county of Northumberland. of Longollorsley, in orti4setiers fro m .., . vienna, dated the 15th ult . 6 re for ! ll ' t he scarlet fever, which has been raging %r i me time i n G a lli c i n, as a tru ly d an gerous fur th e l . Indivi par t, duals who are •itttneked-by it, in "t only survive a' few days. £. 8. FOR THE SUN PLTWORTR MARBLE. Ma. Erwroa—lnanswer to the Questions which appeared in your Paper, respecting the Petworth Marble, signed AN ANTIQUARY, I beg leave to send you the following Geological account of a natural production of this County, which, I have no doubt, would he more frequently employed, either for chimney pieces, or table slabs, &c. were its beauty and durability more generally known. The Sussex, or Petworth marble, employed, as may be seen in many churches, so early as the Norman ages of architecture, is a hard compact limestone cement, in which is thickly imbedded a vast number of the fresh water thelices, bearing a strong resemblance to the existing species found in streams. The colour of the marble varies somewhat in different blocks, but it is generally, of a bluish grey, mottled with green and yellow, the latter of a pale or dirty hue. The shells, either as black spiral lines, forming various inde terminate figures ; or perfect in their form, with the spirals marked by black lines, and the inte rior filled with white cryztallized carbonate of lime ; sometimes the whole cavity, once occupied by the shell, is filled by a mass of calcareous spar ; in either case Otis white sparry substance forms a contrast not less striking than pleasing, with the dark ground of the marble itself, which moreover is susceptible of a high polish. This substance is found in great abundance, traversing the county in a N. N. IV. direction, nearly from one extremity of the county to the other. I urn acquainted only with that which is found in the vicinity of Petworth, and principally at Kridford, about three miles N. E. of this town, in quarries belonging to the Earl of Egre. mont. Of this I have seen many very beautiful slabs, which may be had of almost any dimen sions, fit either for chimney pieces, tables, columns, &c., under the latter form it may be seen in Chi. chaster Cathedral, wherever its beauty has not been tastefully effaced by a coat of white or yellow wash. It has been employed for archi tectural purposes in several other Cathedrals, and in many other churches ; its beauty having been more duly appreciated by the early architects, than by those of more modern times. In the vicinity of Petworth, this marble rests upon the blue clay, which abounds in Sussex, at a depth of from 20 to 25 feet, in horizontal layers, which vary in thickness, and grow more compact in proportion as their depth encreases. The slabs are generally from 12 to 22 inches in thickness. The upper strata, which are of a coarse texture, and much inferior in point of hardness, are employed either for the mending of roads, making of pathways, steps, &c. and afford a valuable manure, according to Mr. Young, not inferior to chalk. The above, Mr. Editor, is all the information which I have it in my power to communicate, through the medium of your Paper to your Correspondent. Of the probable expellee at.' tending its carriage to London I stn wholly ig norant, but by means of the Arun Canal, it would, no doubt, he sent at a moderate rate. For particulars upon this head I beg, however, to refer your Correspondent to Mr. Burgess, mason, at , Petworth, who has furnished some of the finest specimen of the marble I have yet seen, and who would, I have no doubt, readily give him every possible information upon this subject. Midhurrt. A. P. ANormEn - PAn — ii'6iii,.---Tlie — Assize Court is about to try a, very .singular and atrocious-case. On Tuesday, the .20th of May, a woman of 80, usually called Mother Jerome, living, in the Rue du Faubourg du Route, was assassinated, and her apartments robbed, of plate and ether, valu able articles ; but a sum of 1,200 francs, which was in a drawer, was missed by the thieves.— Louis Marie Lecouire, aged 24, a tailor, and his -mother, the widow Ltecouffe, who lived in the same house with Mother Jerome, are accused ; the former of having committed the crime, and the latter of having excited her son by me naces, and abuse of authority, in withholding, until he agreed to rob Mother Jerome, her consent to,this marriage, which was at last celebrated, three days after the perpetration of the above dreadful offence.—Lecouffe will be. defended by M. Gechter. Since -he has been detained, he list constantly exhibited marks of insanity real or si mulated. He pretends that all he has confessed was stated in consequence of the express orders of his father's ghost which appeared to him in prison, accompanied by the angel Gabriel. His answer to the interrogatories are said to be ex tremely curious. They contain details of the conversations he says he has had with the ghost, who, it seems, like another Hamlet, commanded him to disclose and punish the crime of his mother. LecoutTe lately begged the gaoler to stop up the hole through which the , troublesome apparitioni enter his room. The affair of the robbers of the Diligences is to be tried in January. The Constitutionnel of the 2,5 th ult. 5ay5,.,... We understand that a. very large flock (magni_ Pique troupeau) of sheep which we have long w i s h e d to have in France, without knowing ex_ actly where to get them, is on the point of being purchased by Government with a view to improve the indigenous race. The fleece of the animal is reported to average about 8 lb, of fine Jong wool. A n expence of this sort is unquestionably a little more serviceable to a country than: certain other expellees which hove been, deemed indispensable to the existence of the present Administration., though it would be difficult to she•w that the peo. Ale's real interests have been :at all consulted by the measures alluded to. X. S. 'AzultiyEtt OF mit. www-ttit. HERTFORD .TSSIZI,!:S. bn Wednesd a y even i ng Thomas Thurtell was brought by authority or a 'writ of habeas Corpus, to give evidence for the prosecution upon the in dictment of the prisoners, for the murder of Mr. \Venire, to the gaol at Hertford,where he was de. livered Into the custody . of Mr. Wilson, the Go vernor of the prison, merely for the night, as he is still in the custody of the . Sheriff of Middlesex. Ile seemed very IoW spirited, and made an Wee donate inquiry for his brother. Mr. Knapp, the Clerk of Arraigns, arrived on the same night with the indictment, which, di .vested of the surplussage of legal technicalities, indicts John Thurtell for the wilful murder of William %Veare, and Probort and .Hunt, not as accessories before the fact :(according to the tenni of their commitment), but as aiding and abetting in the murder. This intention, as will he seen in the sequel, was altered late in the dal, and Probert is the witness admitted for the Crown. Mr. Harmer read yesterday to Hunt the final instructions he had given his counsel : and Hunt read to his solicitor the address which he means to deliver when called upon for his defence. The High Sheriff, on his way to Lord Yero lam's, called at St. A lben's gaol on Wednesday, and sent a message to Mrs. Probert, offering to be the bearer of any messa ge w hi c h s h e h a d t o send to her husband in Hertford. She thanked him for his visit, evinced rather a gaiety of man ner, regretted that she had not more suitable at tire than she wore, to appear upon the trial, and added that she had no particular message to send to her husband. Messrs. Jay and Fenton returned to Hertford early yesterday, and communicated with their client John Thurtell, to whom a flew suit of clothes had been lent by his own desire, to he worn oo his trial. Mr. Harmer also arrived, and saw Bunt. At half-past 10 o'clock yesterday morning the Judges (Mr. Justice 110Iroyd and Mr. Justice Park) arrived in Hertford, from Lord Verulaet's, where they slept an the previous night, and were conducted and escorted by the High,Sheriff, &c., in the usual form, to the Court-house, whef : e the Commission was opened : they afterwards repaired to Church, to hear Divine Service, and a sermon preached by, the Rev. Mr. Lloyd; end the Court met again at 12 o'clock to proceed to business. After the routine business of reading the pro clamations, calling over the roll of Magistrates, Constables, &c. was disposed of, the following Gentlernvn were sworn upon the Grand Jury There was an unusually full attendance of Ma. gistrates and Grand Jurors : The Hon. William Lamb, of Hatfield, M.P., Foreman. The Rt. Hon. Sir George Onseley, of tiartingfordbu ry, Bar Sir John S. Sehright, of Flamstcad, Bart. Sir Culling Smith, of Essendon, Bart. Sir George Duckett, of Cheshunt, Bart. The Honourable Baron Dimsdale, of. Essendon. Henry Cowper, of Servin, Esq. William Baker, of Raiford, Esq. Thomas Hope Ryde, of Ware, Esq. Nicolson Calvert, of Hunston, Esq. Thomas Byron, of Bayford, Esq. Samuel Smith, of IValton, Esq. Thomas Daniel, of Little Berkhamatcaul, Esq.; Daniel Giles, of Standon, Esq. ettrolphus Mectkerke, of Juliam, Esq. Patrick Hauldow, of Shepley, En. William Robert Pbillimore, of Aldenham, Esq. Charles Edmond Rumbold, at IVatton, Esq. William 'Wilshire, of Bitchin, Esq. John Currie, of Ersendon, Esq. William Heygate, of North Mims, Esq. Thomas Nash Kemble, of North Mims, Esq. and Jacob Bosanquet, of Broxbourn, Esq. THE JUDGE'S CHARGE. Mr. Justice PAna then proceeded to deliver is charge to the Jury, to the following effect : Gx)rt.tur); or. TII E fIaAND J unr.—We are assembled here, at this unusual season of the year, under his Majesty's Special Commission of Oyer . and Tertniner and General Gaol Delivery, for the purpose of trying such offences as have taken place in this and the neighbouring home Counties since the last Summer, Assizes. In this service it becomes our duty to discharge one of the most important functions which can belong to us as members, of ,civil society, namely, the administration of criminal justice. The present appearance of the gentlemen whom I am now addressing, satisfies me that his ilfajesty's wisdom in Issuing these Onurnissions will never be frustrated, as frustrated it would undoubtedly be, if ever the time should come when the administration of justice was not attended by gentlemen of the first dignity, rank, and respectability, because such an event could not but lessen the administration of his. tics in the, eyes of the common people of England. Nothing can be more important and more essential to the interests of the community than the administration, of justice should be main tained in its purity, by the countenance of all honourable and respectable men. Gentlemen, the Calendar now presented to us contains, un. doubtedly, a considerable number of offences. lam sorry to observe a great number of crimea..of various descriptions, set down for trial. What the result of these trials may be, (yen. tlemen, it is not for me now to judge.. Notwithstanding the number, and the variety ,of these offences, they are not, in gc. tiers], of such a nature as to render It necessary for me to ad dress to you any particular observations. • I am sorry to say that they are, for the most part,,such offences, us you, and other Magistrates, are weekly, and, I ant almost afraid, daily occu pied in investigating ; and the principlett,-of law applicabl e to suchcases ate, probably, as well known to you its they are to my Learn e d B rot h er and myself. 1 need scarcely add, that if any difficulty s hould arise in the progress of y our inv est i gat i on of these eases , an d you should wish to make any, ifinntry, Learned , Brother and myself Kill most .lo eerfttlly and readily affbrd yott our:tit:deem. T_heru i s one rase, however, on which it is necessary that 1 Should say something, because I understand it has made a cone'. I justice. , . • .. derable noise i n t h e wor l d. NVlren I say this, Ido not eny it idly ; for I can assure you, with truth, that I have seen nothing connected with this case, except the depositions Which were sent to me when I was appointed a judge Of this circuit, and that I have most cautiously abstained from reading one sin g l e • • .. word which has appeare d in any of the puldicp r ints. 1, for one, therefore, may say, that, as far as any previniks opinion of the ,eese.is eencerned, a more impartial person then myself never entered a Come of Justice. I feel it necessary to make a few preliminary observations on this case with a view to future eir cumetances. The language of reproach is never pleasant to me; it is hostile to my feelings; but in administering the juctic - e of the country I have a duty to discharge which is paramount to all personal considerations. These depositions have, somehow or other, as I have been informed, been copiously dispersed ,by means of the public press. The fault certainly originated_.. though I have no doubt most unintentionally, and I beg not to be understood es throwing out any personal reflection on the conduct of any gentleman--lott the fault certainly originated in the Magietrates allowing any person whatever to enter their private room during the investigation of the matter,, and to take notes of the case. I hold- . --anti I believe I shall he borne nut in what I say by my Learned Ilrother—that there is a vast difference between the inquisitorial and the judicial power of a Magistrate. IVbere a Magistrate is acting judicielly, he is liable, like all other Judges, to be heard and judged of himself. rot' my own part, .I may truly say, that I wish my judicial opinions to be examined with all possible freedom. I trust that I always mein to do what is right, but I am aware that I am con_ tinually in error, for no human being can doubt that be errs continually, because he is a human being. When a Magh trate, however, is inquiring into a crimo, to say that all the dr pesitions in Audi a case should be published generally to the world, is a proposition which cannot be listened to for a single moment. It is his duty to investigate, to inquire; and the Statute law prescribes a rule for his conduct in the iliedrarge of that duty. .She Statute of Philip and Mary, which was passed upwards of two hundrod and fifty years ago, requires that all examinations before Magistrates, in cases of murder and felony, shall be taken in writing, and . tranamitted to the Judges of Oyer and Terminer. The constant practice, with respect to these depositions, has been to transmit '.them directly to the Judges, and the party accused, or his advisers, have never been permitted to see them. The deposition* have been subject to the inspec tion of the Counsel torah° prosecution, and to the Off :Teo( the Court,as wel.as to the. Judges, but they have always been re ligiously kept from the observation of the accused. The cense quence of the publication of this evidence is, that the accused party knows all .that will be produced against him at his trial, and the object of sending the depositions to the Judges is in this manner entirely defeated. It occurred to me, while the oath was being administered to the Grand Jury, that there was another strong argument to chew the importance o f reserving .Judges the depositions for th e use o f the and the prosecutors, the (hand Juryman swears to keep the King's counsel, his fel lows,, and his own secret ; but by the publication of the deposi. lions, ail the evidence is published before it comes to his know ledge. This never can be right under any ciremnxtrinces. I haye said thus much, because I am most anxious to preserve the purity, of justice; and because, highly as I esteem the li. betty of the press, I hold the trial by jury, as a palladium of British liberty, in still higher veneration; and I am convinced that that palladium can only be maintained in its purity, as long as the administration of justice continues pure and uncor rupted. I mean not to say that the administration of justice has been affected by this proceeding; but It may he put in danger. It is a proceeding which is not only dangerous to the accusers, but it may be so to the accused. Of this lam quite sure, that it is a proceeding most injurious to the administra tion of justice, and calcUlated most materially to impede its course. It *pews upon Judges the necessity of ethlressing even Gentlemen of your high character in the country with un usual energy, in artier to prevent any improper bias either on the one side or on the other. The publication of evidence is, upon the whole, however, more favourable to the accused than to the prose cutor; because it gives the accused a benefit which the law of Eng. land never, contemplated, namely, an opportunity of knowing beforehand the points which may he brought in evidence against him on his trial. .Whether this may be beneficial to one of the parties, or disadvantageous to either or both of them, I w not pretend to decide, but I am quite satisfied that such a pro. eectling is highly blameable. In conclusion, I have no difficulty in stating my opinion to you, in the hearing of my Learned Brother and I believe, my opinion is sanctioned by the autho. rity of the Judges.of the Court of King's Bench, and by dint of all the Judges who have sat on the Bench during the last cantury,—that to print evidence a priqri on a criminal case, which is to form the. subject of inquiry in a Court of Justice before a Jury, accompanied with notes and comments, Is a high crime, and misdemeanour, punishable, on conviction, by fine, and imprisonment. such, according to my firm belief, is the law of the land with reference to this point. There was one piece ,of evidence in this case, which, as I have been informed, was published, and of which I cannot but consider the publication as most unadvised. Ido not wish to make any harsh observations, but I cannot help remarking, that the,pub lic themselves have in some measure occasioned this mischief. There seems to be a pruriency, and an appetite for news among the people of this country, such has 4:haracterised the A t h en i ans _ . .of old, who, as the Grecian historians Inform us, were always desirous of reading something► new. In fact they seen to be never.utisfled unless they are absolutely glutted with things of this sort. The piece of evidence to which I have just alluded is, as I understand, a confession of one of the prisoners; and a very little reflection will enable people, to see the mischief which must arise front the publication of such a document. A con- (elision is, of all other things, that of which it is impossible to say, until the period of trial, whether it tic or be not admissible i n evidence; and nothing, therefore, could be more unadvised, tmlependently-of its illegality, than its premature publication. I shall say no more on this subject at present ; but I trust that what I have said will induce Gentlemen to reflect on the con. sequences of u practice, which they have permitted, I have no doubt with the best intentions, but from the continuance of which much mischief would arise to the administration of . . Gentlemen, the cane which litts drawn from me these obser vittionS P 4 A chargewhist person named John. nutted], and #gainsttwoothor.persons,parned Joseph Iluntandlirm.Probert, u accomplices, for the crime of murder a moat awful crime, PRICE SEVENPEXCEt - sta under whatever circumstances May haie been committed,. bu which appears to have been 'committed in 'tide case under cir cumstances of peculiar ittrocity. `What the intention id' th'ese who prosecute in this ease may be—whither to indict all three of them as principles in the first degree, or to indict, sOrne of them ne principeg in the second degree, or as atTCseariee before 'or titter the t cannot tell, NXitliiespeet to the three first de scriptions of eritue, ay temmiteer b:y peincipiati in the first and seeinuU degree, anti by acc e e ia r i em be f O re the feet ; eltitough, the form of stating ,the offences is somewhat different, the feral result to the individuals, if convicted, in the same. A princi Pal in the first degree is the person who actually committed. tit e murder; a principal in the second degree is a person who in said in law to be aiding, present, assisting, and comfortime the principal in the first degree. if a man, by keeping watch and ward so as to prevent intrutuon, or in any other manner aid anti assist the murder, though ne be nut the person wh struck the blow s he IS equally guilty with the principal in flits` first degree. An accessary before the fact is be. who, thottils' not on the spot where the murder is committed, 'yet by his ad - vice, counsel, or connnand beforehand, assist in the crime. An accessary after the fact is ho who, after the feet has been committed, knOwingly receives, liarbonre, and entertaini the principal felon nr felon*. Undet which of these'descriptions the parties may be indicted in this unfottinutte case, I tins. unable to tell you, for it is not rhyProVince to know. The murder appears to have been one of a very dreadful kind, 'and to have been committed under circumstances of horrible atro city by some person or other. The evidence in this case, as in most c a se of murder, consists of a chitin of circumstances ; the murder is not preyed by P'oSidee.faets, for men do not commit these horrible crimes in the face of day ; they commit them in secret, or at hetet imagine that they commit them in secret, forgetting that Ilis eye sees them from whom no secret is hidden. It is only therefore by a chain of circumstances that you can get at the evidence of such crimes ; and need not observe to men, whose minds are habituated to reasoning, that circumstantial evidence is much more satisfactory than what is called the positive testimony of One et two witnesses. Circumstantial evidence establishes similar results by a v ar i e ty o f f acts, trifling, prhaps, wh en separately considered, but Important, as they conduce to the same end, and it is scarcely possible that the evidence of thirty or, forty pertiOns on apparently unimportant particulars, could chime in so as to produce a c h a i n o f proo f consi s tent in all its parts, and establishing the main qUestion of L'i•uik • In this re spect circumstantial evidence is much less liable to error or suspicion than the direct testimony of one or two There is one circumstance which I observed on reading the depositions, to which I beg leave to direct your particular attention. I understand that a person has either been re. tnoved hither, or Is about to be removed hither, to give eei . e. dence on this subject, before you anti the Petty JUST. I have read the deposition of this person, who is a female of she name of Probert, and, as I understand, the wife dime of the, per. sans accused. Ihave no difficulty in stating, that if all these theee persons are generally indicted for one and the same offence, this woman, if she be the wife of one of them , cannot be called as a witness, either to convict her IMF.; band on the one hand, or to exculpate bins on the other ; beeause the law of England on a principle of policy will not allow a woman to be a witness either for or agains t he r h us b and lam afraid, Gentlemen, youwilt , ,'J detained you too long, but I was anxious to make your minds easy by ex. plaining every circumstance which might possibly create er difficulty in your investigation of this case. I will merely add, that you, as the Grand Jury, are not called upon to try, the truth or falsehood of the charge ; you are merely to try, whether it be a fit and probable case to put these persons on their trial. If you, as the Onind Jury, were to hear the eves 4eacepro and con, you would be taking upon yourselves a function which the Constitution does not empower you Co take —you would be usurping the functions of the Petty Jury, who are to be empanelled before me, and who are to 'receive the benefit of my directions, if any benefit can be derived Irons my directions. Having addressed these few observations to you, Gentlemen, I have now only to request, that you will ,retire to expedite the business or the county. The charge of the Judge (with reference to Mrs. Probers) as well'as some other circumstances Ivhich had occurred in the course of the'day, tered the intention of the,prosectitors, and new indictments were immediately prepared for the Crown.—At two o'clock, 'Mr. Hroderick en tered the Conti, as of CounSel for the prosecu tion, and applied for leave to admit Probed.. to 'go before the Grand Jury for a particular purpose. ,He observed that ho saw no other case in the calendar against him, but one. Mr. Justice PA UK said that the application Willi MIA of course, and them Why Ho necessity to say any thing more on the subject. An order was then made that the gaoler should forthwith prepare Probert to he hrought before the Grand. Jury, and he was at hampl,t three o'clock brought into post-chnise to the Town-hall, and sent into the Grand Jury-room. Mrs. Probert is also in attendance. The indict ment now before the Grand Jury, and upon which, if found, trial will follow to-morrow, em braces the cases o f Th urtell and Hunt ; the for mer is charged as the actual perpetrator of the murder, and Hunt as aiding and abetting therein. A timber of witnesses are in attendance, before the grand Jury. nos. Thurten, in the course of the day,applied to the Rev. Mr. Lloyd for permis sion to see his brother. The request was complied with, and the interview took place in the Presence of Mr. Lloyd, Mr. Jay (who was with his client at the time), and two or three other gentlemen they shook hands, and John 'Thurtell, after some family questions, talked with an air of perfect imliiTerence upon ordintiry topics. Thomas Thurtell, upon quitting the gaol, expressed to the Rev, Mr. Lloyd his utter nstonistmeot at the apparent. coohless and sang frdid of his bro. tiler. It was said late in the day, that the change in the proceeding of the prosecutors had been determined upon before the Court met this morning ; that instructions had been brought to Hertford at two o'clock this morn