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

raiity ? They met there to examine the testimony given babre them, that every thing might be sifted to the bottom. The prisoner bad told them that if they had a doubt upon their erninde, they ought to give him the benefit of that doubt,; so they ought. If they had any doubt, such as conscientious and ratienal men could entertain, the prisoner had the right to bene fit from it. There was another circumstance at the outset of this case to which he must refer. He was reluctant to use harsh language; but he should be unworthy of his Situation.t-he should •• Ate opeti to irapeaehment, if, when ithecarne necessary, he were not fee:les:4:i) , to perform the painful duty. He hoped he was in::llfrait's'ef any man oh earth ; and if he were certain of being ,attacited . by the whole artillery of libel, he wouldstill pro- aced. It was painful for those engaged in the administretion of : justice tobe compelled, in every case of, this sort, to com mence by beseeching Jurors to banish from their minds what they had ticked out of doors, as they would drive: from them a peetilence. To state the facts which were to come before the tithey, as had been done in this case, was to poison the springs of justice in their source.; and if - the practiO were net checked, he'should tremble for the fate of the country.eLta Juries were called upon to decide on. the case of a prisoner, and to do justice to all parties as they should answer for it be fore God. But how could they dO justice if their minds were -peryiouily poisoned ? But more than all the rest, he con demned the publication of what was stated to be the Confes- That such a paper as that should haye been read in all . the -new:papers and pamphlets veasc-cheadful. It had been Published before it could be tendered to him as a confession. }led it been ,tendered, he should have rejected Hunt's confee ,iencn ;he evidence which he had before him. It was not ac cented as a confession, but it had been published as such, and th - ,:.s the public mind had been poisoned by that which was not eth.enee. In consequence of this having been done, great hd , .iitional trouble had been caused to himself by the determina tion he had taken .to come here at this .time. But it was not fah: in the irritated state of the public mind, when he opehed the Winter Circuit, to tent the prisoners on their trial:, The -step he - had taken was satisfactory to his own conscience ; but it r:at painful to have been obliged to adopt Sncli precaution. I: was, however, a satisfaction to him to know that he had goed reason to believe, from what he had seen - of the Gentlemen of the Jury on this, and on former occasions,- that they were men, on whose minds no statements of newspapers or para. phletst no libels,-no calumnies, would have any influence. He a-e-: confident that they would not be swayed by any thing of the kind ; but that they would conscientiously pertbem their dete-, as they should answer for it to their Maker. There was anehher point to which he must allude. The prisoner Hunt; notwithstanding the decision come to yesterday, on the motion witieh was made in his behalf, still insisted on the patter which haC. ieeen-given in as his defence, that he, as Judge, was bound to tat: off the trial, in order that the prisoner might have an opportunity-of seeking mercy from the Crown. Again, his Lord ship declared that there were nogrounds laid for his doing so, as to have put off the -trial would only have been to give him a new opportunityof doing that which a mouth had been allowed rue: to dot but which, in the course of that month, had not been aerie. He.repeated, that if the confession of Hunt -had been tendered to him- by the Counsel kor the Crown, he should not have received it; and chewed, by referring to the practice of the Courts 'of justice every day -in regard to other errences, that is being put on his trial after that confession, the prisoner Runt had been put to no extraordinary hardship. Whether the confession which he had made might avail him in a: other way, was a question which neither he nor the Jury were entitled to decide. That must:be determined by higher authority than hie, high as waslis authority in that place; he could do nothing with xespect qo it. He had now gone through all the pre liminary statements he had thought it necessary to malee.— He sletuld next go most minutely through the evidence, volu minuus as it was, making such observations es. he proceeded at circumstances might call for them. These thUJitry Would adopt and reject as they thought proper. In the first place, he must remark. or: that great part of the body of the evi :mu svhiode depended upon Probert and his wife. When is put into the box, with - w h a t ever cr i me h e an accomplice came to charge the prisoners, he, of course, charges himself. —Of that elobody can doubt ; so that if he come to charge the prisoners w ith murder, he himself pronounces his own par ticipation in the crime, and he was as much a murderer upon F?0:1 lis own evidence, as his accomplice could be upon his. But it was said an accomplice could not be a witness. The law u' on Otis subject I will state to yon. An accomplice can be set u 7.), as I iI'AV3 -already stated, as a witness in the first instance. Th 3 distinction is this—an accomplice is a competent witness, although not a credible one: As to his credibility, it is for you to juige from the course of the trial. .I do not ask you to be lieve all lie says. An accomplice, to be believed, Must be sup ported generally in what he says. .But there are many things in which the accomplice cannot be corroborated, which must be known only to him and the prisoners; were it not so, he -ought to be at the bar to take his trial with the other prisoners. If, however, in all other points to which other witnesses can -be brought, he should be corroborated, you will be entitled - to give credit to his testimony in those particular parts, which, from their nature, are incapable of other proof. This is all Abut is necessary to say on this subject. Many s^rsii le ob aervations you have heard as to the character of Prober:, and -consequently as to the credibility of his evidence. The pro priety of this I ad'u - ait generally to the'falest rite - dr fdo not wish you to believe him where he is not corroborated. I per- fectly concur, from what I have seen of I:ini here, with one •of the witnesses, who has said that he would noL believe him on his oath. I would not believe him on his oath, unless I found him, as I find him here, fully corroborated by other witnesses, and by circumstantial evidence, which it uOuld be difficult to discard. A great deal has been said about admitting accomplices as witnesses 1 hat if this were not done, a thousand wicked acts would go unpunished. As a line of policy it is of the deepest importance that they should be adniitted : because when men are associated for-the perpetration of guilty acts, they should know that they are upon treacherous ground, and that the faith of their confederates is ready to be transferred upon the iirst opportunity which offers an inducement more agreeable to their interests. This is the nature of all confederacies, and it is good that those who engage in them should know it. respect to the expectations of the prisoner Hunt to receive With mercy in consequence of his confession before the Magistrates, and I cannot but think that Mr. Noel did 'vary" wrong in giving that man the advice, merely, it would appear, for the sake of the 201. on conviction, to run and make that confession upon such an expectation. The Magistrates have no power to grant any such promise and if Mr. Noel so advised his client, he did what was unwarrantable. All that MagitrateS can do is, to say, that an accomplice shall be admitted as a witness. The very act of the Magistrates, in taking the depositions without their being sworn, proves that they had no intention to make such a promise. For they knew that if they, take an examina tion of such a nature on oath, the Judges will never allow that to be read against the prisoner. As therefore they did not swear him, they intended to do nothing beyond merely taking his deposition. The Liearned JitimE then prOceeded to read over the evi dence, commenting on it wile went along. There were some erroneous notions, he observed, on the subject of Lord Hays' opinion relative to trials for murder. He believed Lord Hales' opinion was this—that he would not allow a trial for murder to be proved, unless the body had been found, or there was a per son who saw the blow struck. He entirely coincided wit this opinion, which he had humbly followed when in SusseX. &woman was put upon her trial for the murder of her child. The body, it was true, had been found, but it was a mass - of corruption and putridity ; all the lineaments of the human face were lost ; and not even the distinction of sea could be discern ed, the body having been two months immersed in water. He therefore; in such a case, stopped the trial, and directed the Jury to acqdit the prisoner. [The remaining observations of his Lordship, we shall range under the heath . of the respective witnesses, in the reading of whose testimony the observations were made.] Mr. Ward. Surgeon.—With reference to the testimony of this Gentleman, I beg leave to say that I never knew a more sensible Surgeon come into a Court of Justice. He gave his evidence in. et plain unaffected manner, highly useful to us, and creditable to him. I do not know him, but merely go upon his manner -of givin g his evidence. This witness has grooved , that the -Mow in the head; or the cut in the jugular vein, were either °fallen] sufficient to cause 'death ; and, as there are two counts its , the indictment einliracing these two modes, I need 1 not inform you th at ei t h er of these m o d es b e i ng broUght home -to the prisoners, will b sufficient for you to found a verdict ofeguilty Upon. The 'great- question of the case eis, who committed the act ; which Of the prisoners is the one, or whether both were equally . concerned in it. It appears to me, from the evidence --thatehas been adduced, that .Hurst was' not, presents when the lathW was struck. I take this opportunitY, -before this-large audience, to observe that there are many persons of low degree, who flatter themselves that because their hand did not do the act, therefore they are not guilty of the crime. There never was a more mistaken notion, whether in law, or in morals ; for if any man go on an illegal enterprise, and stands - by whilst the act is committed, his agency, to that extent, makes him as criminal as the author of the 'crime whom he aids and abets. It is a vain, a most tin happy and flattering unction to the soul to say, that because his was not the hand that dealt the blow, therefore he is not guilty. I-hope, therefore, you will not go away with so false a notion. - - William Probert's evidence—With regard to this man, I can not state - the case stronger in favour of the prisoners than to say, that I look upon him as the concealer of a foul and deli- Imitate murder. As to the unwary •ctemmunications which Pro bert declares were made to him by Thurtell, it may appear difficult to reconcile them with that care for his own security which every man is know to feel for himself. Such, for in stance. as, " I am going to take dawn a friend to your iihuse, and if I can I shall do for him, for-he has robbed me of a great - deal." But there-is' that in the conduct of persons who engage in bad-designs, - which must always strike the minds -Of those who are well brutight up as 'icing strange and unaccountable, and •I hope it always will be so. It :eertainly appears that •the iconer•Thuetell was better. .eduCated, and kept latterly com panypr . • , , ... lower,. than he had --been formerly .eccustoined to. And with regard to this Probert, he seems to have been- upon very fnm iliac terms with bias ; sometimes - stopping forha week or fortnight - in his house; and this state of intimacyenight have warranted him in making thosedieclosuees which appear so-un accountable. Thi§, however, is a 'hatter for you to judge upon.' As -to the reality Of the converearion between - Probert and I Hunt in the gig going crown to - Gill's Hill-lane, yea will . oh- serve on what particulars it is theroborated - by - other state ments. Probert states that H un t b oug h t for him pork chops in Oxford -street, and we have the testimony •of the cook to prove that she had theni to cook, coneeouently- that was true. Then there is the estler at the Bald Faced Stag, who proves that Hunt had in reality borrowed some horse clothes there wieich he, did not return, as Probert declares Hunt to have d informed him in going down. - That part of Prohert'ssieovn the i enc niht of , e which relates to the events of whi c h h e was t w o l e ine stehlish. the guilt of the murder, squid be sufficient of itself a In one Part he ' states, the prisoners, if it could-be credited. about the leaves that upon thejnight in question they' kickedwentoht, avid that Thor tell, at a part afar part of the lane, ~ the . , in search Of pistol and penknife. es OW rhea next morning -we have - the evidence of-the labouring rhea that they saw two men searching about in the same spot for something which they said they had lost. One of. these was said to have a white hat on - and one witn ess i s qu ite certain, 1-• the one -with a white hat wa s Th urte ll. • It appears, however, that ' Thurtell had not a white hat, but that - Prob ert L a d one,--- and we have it in evidence that the cook, Wockiruffe u p on going into-the sitting.room th a t same inorning, Thurtell lying on the sofa, with her miter's white hat on his head._ This is a remarkable corroboration of that part of t he case. The evidence of 31rs. Probert also went to confine t h e evidence of her husband. • She waa a compet e nt wi tness the moment her husband w as acqu i tte d ; She would have been - s o, even had her' husband been at the bar as an accomplice, were it not for that rule of l aw w hi c h forbid s a w if e giving evide nce a gainst her husband. This is a very proper rule, and intended -to prevent all intestine jars and domestic confusion tvhich woul d otherwise result. - Thurtell is said to have used th e term --a Sing out;" as applied to the deceased AIL We • 'and -it is not to p ass unobserved, th a t thi s i s ' a sea ph are eas'e which may the more particularly be ex p ecte d to come from the prisoner -Zhurtell's mouth, inasmuch as - it - appears t hat be '. P- has been part of his life in the sea serv i ce. It wadenerally • advisable to look for a motive to ev e r y action, and here it a peered the motive of the prisoner to this crime was, that Weare had won -money of him, for he was a gambler. Ape if i t be true, as he says, that hedf - the Nobility and Gentry in the t e nd - have been his marnple, I hope the business of this day, which ever be wanted, for the-rest of th e i r li ves . When the Learned Judge came to that part of the evidence which related to the gun of the deceased being taken by Thor tell to town in his gig. John Thurtell addressed his Lordship, observingehat he had overloked in his evidence the tact, that the gun which he brought down was sold at Probert's sale. Mr. Justice PARK;_If you have any evidence to that effect, although contrary to all rule, I will take it now, or I will state to the Jury what you say, althodgh, Gentlemen, what the_pri soner says is not necessarily evidence.. The prisoner Thurtell asked leave to call upon the Under. Sheriff to-prove that his gun was sold at the sale of Probert's effects. Mr. Nicholson was accordingly put into the witness-box and sworn, and exabiined by the prisoner Thurtell. Q. I wish to ask if any double-barrelled gun was not sold at the sale of Probert's effects taken in execution ?—lt was sold there, but I know not to whom it belonged. .Q. Was it not sold as min e P—l an d a ll b es id e certainly thou g ht it was Probers s, as well as all the property sold under the execution. Mr. Justice PARK—Gentlemen of the Jury—this examina tion has - turned out as I thought it would. The prisoner can not prove that the gun sold at Probert's was his. Indeed it could not he the one_which the, boy s a w w h en h e went away i n the gig; for it wasproved that that day Probert shot with one in his garden, and was seen with it in the lane at twelve o'clock. Mrs. Probert's evidence,--The evidence of this person iden tified the gold chain which is traced to Thurtell's possession, and proved to have belonged to Mr. Wear; and together with the. whispering conversation and the dragging of the body through the garden, and the circumstances of that night and the folloWing morning is highly important. Rezworthy's Evidence.—This man supplies the chain of evi dence as •to the last place and time at which the deceased was seen by persons knowing him. If a great deal depended on. the evidence of this man I should think it necessary to make some severe remarks opon his character. I have no mercy for, men who keep such houses. His vocation is not a creditable one, and he appears as a pander to - the worst appetites. Ann Maloney.—This evidence is most important; and if Gentlemen, you believe what she states, namely, that • those things which lay upon the table, the carpet bag and , its contents, the gun and the o t her ar ti c l es to h ave b een the' property of her master, and that at three o'clock they were at Lyon's Inn in his possession, you will find it difficult to conceive how they could have got to the place where they. were found, near Elatree, if he had not been murdered in the way related. If stolen property be found in the early possession of any one who can give no satisfactory account how he came by it, it is enough for human judicatureto fix that person with the theft. Here are all the clothes of the deceased, and we find the dead body in a pit a few days afterwards, the party not having been heard of after three o'clock on the day mentioned. The prisoner Thurtell here interrupted his Lordship. - Ile wished.to observe that it had escaped his Lordship, that Hunt,. according to Field's evidence, was in his house alone on the Tuesday night following the murder. The inference to be drawn from which was, there to confer with Probert on the case they were to make up about him. He did not know till his Counsel told him that several jailers were ready to give e,i dence that Probert said Hunt and be met on Tuesday to ar range what they were to say. They were all ready to swear to this, but he had not knoWn that their evidence could be received. Mr. Justice PARK could not allow this to be received as evi;. deuce. He did not think it would avail the prisoner. - Thurtell—l wish also to remark on what was said about a yellow gig. If your Lordship will look at the depositions, you • will see that Presinan said, that mine was a bay horse in the of execution, there to be hanged by the neck until you are dead; yellow gig, which contradicts what has since been declared. I and may the Lord, of his great mercy have pity oil your souls." beg pardon, I will not trouble your Lordship any more. Thurtell continued to display the same thinness to the end lee. Justice PARK—I have asked the Counsel what. the Pri- of this sentence : Hunt was extremely dejected. When it saner means by his observation relative •to Hunt being at Field's- was finished, Thurtell talked for a• few moments to some per. He supposes that. he wishes it to be inferred that Hunt came to sons in the court, and then both prisoners quitted the dock with this house for the purpose of taking steps with Probert to a se- the gaoler and his officers. crete the body. I am willing to receive the evidence it No day; it will be observed, was fixed tor the execution of Counsel thinks proper. Hunt. The evidence was not produced. The Court was eatcessively crowded ; no person had been al-- The Learned j1:11) . (1E said, he had looked at - the depositions of lowed to enter for an hour and a half preceding. The Judge Freeman and his wife, which contained not a word about the retired to his lodgings at five o'clock, and the court was cleared. yellow gig or the horse. His Lordship then proceeded to the con- A few minutes before five o'clock, the prisoners were re-con clusion Of his cliale e ;e. It must, he observed, b e a ge ne ral corn- veyed to gaol, in a post-chaise, strongly guarded by the local fort to the Jury and himself, that, whatever would be the result police. A great number of persons had previously placed of that day, nothing but impartiality had reigned in their minds , themselves about the prison -gates, and the approach of the post- With-respect to Hunt, he had forwarded his statement to the chaise was notified to them, by the post-haste speed with which 'Crown. The prisoner Thurtell had delivered a lOng address, to several hundred persons advanced in front of the carriage. We which they would pay every attentica . In the case of Thurtell were surprised to see many elegantly-dressed ladies parading there was this distinct from Hunt, that he had called three wit- the road, near the prison, in the hope s apparently, of having a nesses to his character. The first, Captain Ol‘Kinlay, he was glimpse of the culprits. obliged to observe, was an acquaintance of a very ancient date. W' hen theprisonersalightedfrom thecarriage,and wereremov- If they had continued acquainted it might have materially ed into the ante-room of the gaol, Mr. Wilson, the gaoler, was served him on this .day. But, in a case of this kind, cha- under the necessity of ordering their irons to he replaced, and this meter was to be taken into consideration where there was was done in the presence of Bishop, the Bow-street officer, three ground for fair and reasonable doubt; but if there were no of the attendants of the prison, and a gentleman who was acci room for doubt, they could give no weight to evidenc e of that dentally present. The Rev. Mr. Lloyd wasinan adjoining room, description. They were not trying his good character, and btrt did not present himself to the prisoners. When the irons were much less his bad one. If, therefore, calumnious reports, such fixed, Mr. Wilson, according to the usual practice after con as had been stated, had been made against his character, demnation, searched the prisoners, but nothing worth particular although they could not affect a case so clear, yet he must notice was found upon their persons. On opening Thurteli's expres s hi s surprise that men with the least education, or the snuff-box, which was taken for the 'lament out of his waistcoat least tenderness in their hearts, or who knew any thing of what pocket, it was found to be empta ; he turned round to Bishop was due to good morals or - sound religion, could do such things. and said, " Bishop, have you any snuff, you see my box is But again, he said, they were not trying character; and if an empty 2" Bishop replied, that he had none—he never carried a angel were proved guilty of a specific crime, his character would box, and was particularly sorry for it at that mom ent. A gentleman not avail him. If, therefore, notwithstanding the darkness of presentimmediately took out his box, and afterasking permission the night, through which no human eye could see the act but from Th ur t e ll to ta k e t h at lib erty, empt i ed its contents into his the man who committed it, th e y were s ati s fi e d by the evidence, box. Thurtell took a pinch, handed it to the gentleman, and all he had further to say to them was, -that it was their duty to to Mr. Wilson, and put the box into his pocket with great coin themselves, to God, and to their country, to pronounce a verdict posure. He was then removed into a cell, where two persons accordingly; and notwithstanding their own individual feelings, specially appoint e d are t o s it u p w i t h hi m h enceforth. It was they would eventually best sati s fy them and their consciences remarkable, that although he manifested some apparent recon. by such a course. ciliation with Hunt on the preceding night, he never yesterday As the Jury were about to retire, Hunt asked leave to address evening spoke to him, until requested to do so by Mr. Wilson. a few words to his Lordship. Last night the Old Bailey executioner arrived in Hertford, Mr. Justica . PARK said it distressed him to have so many preparatory to the execution of the sentence passed upon the irregular appeals made to him. It', however, upon communi- prisoners. eating with his Learned Counsel, he should think fit to offer THURTELL'S CONTRITION AND RESIGNATION. any thing, he would hear what the prisoner had to say. The room in which Mr. Wilson placed Thurtell li t tl e corre- Mr. THESSIGER immedi a t e ly went to th e rr i soner , an d a f - sponded with the idea formed by the frequenters of Newgate terwards communicated t o hi s L or dship, w h o t h en i n f orme d t h e Jury lie had nothin g to sa y t o th em . of a condemned cell. It was large, spacious, and airy, - 'Fitted by a lamp, and candle, and warmed by, a comfortable fire.__. THE VERDICT:' Three or four prisoners are ordered to attend hint constantly The Jury retired a t h a lf- past three, and returned a t f our , an d, as an a ddi t i ona l precaut i on , handcuffs were applied' to when their names h av i ng b een called over - they were asked for him. His books area bible, prayer-book, and one or two their verdict by the usual officer. other volumes, containing religious consolation. As soon as tae arrangements for his final conianetnant were mad e , th e The Foreman g ave i n t h e ver di ct —J o h n . M ulle tt GUILT Y of Chaplain of the jail waited upon him.. hrtell, struck by MURDER--Joseph Hunt aemair y. as an ACCESSARY the presence of the Gentleman, whose appearance (as he before the Fact. I uniformly expressed it) consoled hi m , b urst i nto tears. o d for The verdict having been recorded, Mr. A xpnEws addressed a few words to the Bench, which we were unable to hear further than that their import seemed to contain some allasion to mercy—we . presume in behalf of Hunt. the first time since hiS imprisonment, manifested the-warmest and most agitated sense of his, deplorable condition. The Chaplain, us we understood, expressed the gratification he felt this happy change in Thurtell's .demeanour, and for mercy whe re a l one he could now him, to offer uP in the strongest manner the neces s ity o f his availing expect it. Thimeli instantly, with his eyes suff used in tears, h ainit im Pfir s n e e l sd f siel o i4g f the few hours which remained to world, and implcred the nrrciful forgi veness o f God. His man dheiscicaornedtrittihoant;ahnisd e p o r n a t y r er ition . was sincere, th at he forgave the prospect of the new Scene into which ner was fervid.and impassioned, but at the sam e time free from any whining affectation of mere penitence, or tremulous ap- His declaration of contrition was at once he is about to pass. • • ed • and his manner so uneff- t dand so manly and resign , c..c e - no twithstanding the dreadful circumstances of and that he cou ld his fate ; in his fat-, prehension ienlr,that at it the near inspire - was calculatedto very - great interest go forth with the firmness of a Christian to his no w ea-tablished and admitted crime. He said that death to him, after the misery of his late mode of life, was a relief, but he added, that domestic recollections—the anguish of t he surviving members of his family, and par at life respectable which tha i.f arly of a mother and sister, whose instructions and society frith shame—these were, he said, the the reflections which overwhelmed him with grief and would only would, adli n e o r v, e , d b t e o, r h el a n Y e e mb m e a r d e‘ e i t w li sorrow. H e was now re a dy to resign himself to any pre paration for his fate, and snore particularly with a gentleman who had never approached him, as others had done by letters, 1 1 to tamper with his feelings, but to comp ose an d assuage h i s i f- flietiou. 'rhe attendants were struck with the ahered manzler of the prisoner, and more affected, almost, than he. Yre.4o , i-afself. He became calmer after his int erv i ew w i th the Chaplain, and I his f i rmness subsided into a decent resignation; he repeated his readiness to meet his fate as soon as possible, hoped for the for giveness of his family, and the oblivion of his offences. HERTFORD, 9 o'eoefc.—A person, who has just left the gaol, has informed us, that Thurtell, though greatly moved by feelings for his family, still m a i nta i ns t h e general f i rmness of character which he has manifested throughout. His brother is allowed to remain with him. Mr. Wilson, the governor of the gaol, when the prisoners were removes:Thom the dock, entreated Thurtell to make fri en d s w i t h H unt. Thurtell said" With a ll my heart," and shook hands with his fellow-convict.— Twelve javelin-men are stationed within the prison. -........._ MOTION' IN ARRESTIOP JUDGMENT. ,Mr. Cm IT TY then rose to make a - motion in .arrest of Mg_ merit. The Learned Counsel grounded his motion on an Act of the.sth and 6th-of Edward the Sixth, chap. '3, which or daired the observance of certain -days as holy days, upon which all secular proceedings were null and void. Such, he. contended, .were the proceedingS in - this trial which had been carried on in• opposition .to the spirit of this Act on. the preceding day, which was.the Epiphany. The A ct in .question provided that Sunday, Christmas Day,. • Go o d Friday; and similar days, should be die: non in law. So much so wal this that no arrest could ,belnade on Sunday ; and even • if the officer attempting it were killed, the slayer could not be indicted for murder. • Vvletlicr right or wrong, this law stood ,upon their Statute Book, at d ; A s such it was incumbent on his Lordship to observe its provisions: He considered that the, Jurymen, fur having sat iliere ,yterdaY - were all indictabl e _ this, as Good P r id ay . H e th ere f ore entreated his Lordship •to take It was always customary to atriiirr. over Christmas Day and case of magnitude, into his solemn considerati on/ That it ought to hive efl;:ct he pledged his profesSional opins n , for the.truth of which he appealed to God. • 11Ir. Justice ?Arm over-ruled the objection - of the Learned Ceuase.l. '• He did not fear eccigSlastical proceedings, an d h e was sure nothing was more common. than for Judge s to on Good,Frida7s ; nor could he hope for any encourage ment in offering suth a question to-the twelve - Judcfe.s, -when . t h e . L or d Chief Ju.siice was yesterday sitting in important causes. He had not the slightest doubt himself, and h e wou ld not disgrace his ofßce by arresting j udgment on su c h a pro position. - The Clerk of the Arraigns now asked the prisoners if they p h r a o d n a o n u y ne t e h d ing., of death should not be Thtirtell then leaning over the bar, uponto urge ttaem ? why senten ce said,.l implore your Lordship to take what I have to say into your most serious consideration. I now for the last time assert my innocence. I repeat, I hope Your Lo r d s hi p w ill ta k e m y M t request into your. serious consi ration, when I beseech you to postpone the execution until Monda y next. rea s on for a n sk d in manyg this at a con s id er: , le distance, is, that For myself alone I would ,not ask this delay ; for if the sentenc e and them : wishy friends to were to be executed now, I am ready; but I ask it fOr the sake. of those whose feelings on this occasion are of more interest to tri t than my own. Be tween rue and some members of my family there are some little matters to be arranged which will require, the delay for which I ask. During this short address, the Prisoner spoke in a subdued though firm tone of voice, and was evidently labouring under considerable anxiety. Whenever any allusion was made to his family; he seemed to be much affected. The prisoner Hunt declined to address the Court. THE SENTENCE. Mr. Justice PARK having put on the black coif, addres3ed the prisoners as follows : The execution of Thurteil, it is understood, will take place in a gravel-pit, opposite the prison, which is the usual spot for such purposes in this county. ` A new drop has been prepared for the occasion. Mr. Justice Park set off for London immediately after the conclusion of the trial. The High Sheriff' remains. The wit nesses also set off for London ; and by ten o'clock every thing was quiet. " John Thurtell and Joseph Hunt, after a very full, a very fair, and, I trust, an impartial tr i a l b y a J ur y o f your country, you have been found, I think with great pro priety, guilty of the offences with which you have been John Thurtell, as a principal in respectively charged--you, Joseph Hunt, as hi s accessar y. It can - It: but murder, givand give t y to ev o e u ry , feeling "mind deep regret, that a per son who has this day shown himself born for better things, and who, I hope, in earlier life received impressions of virtue from his parents, should have committed so detestable a crime ; for notwithstanding t h e assertions of innocence which you have over and ov er again made, I, who can only judge like all other mortals from th e evidence before me, am as fully satisfied of your guilt, as if I had seen you commit the crime with my mor t al eyes. I beseech you not to lay that flattering unction to your soul, l est t h at a ll- see ing eye, whi c h, as y ou h ave t hi s day truly raid, a Lltearts, should discover that you have entered his presenee with a tie in your rrittth, gild per: jury in your right hand. You knew, and He knows, whether there is any foundation for the assertion which you have so often repea te a. By the evidence before me, it appears that this is one of the most foul and wicked murders that ever was perpe trated. That you should have formed an intimacy with the deceased in those haunt s o f gam i ng an d vice w hi c h are t h e b ane of soci e ty ; that yo u s h ou ld have professed friendship for him that you should have invited him - to the house of your friend ; that he should have carried with him clothes for his ornament and for his use, and that in a moment of darkness, and before be reached that house, he should be no more—cut off by your band, are all circumstances aggravating your crime. If he wa3 a man of such character as has been represented, think how much the criminality of -you and your accomplice hai been increased by sending him to his final account be fore he could once think of his God, or call upon his name. I seek not to aggravate this offence. I wish not to make you more wretched, but I hops that you will not apply some healing falsehood to your souls. Short as your time is for prepara tion, remember that it is more than twenty times told, that which you gave to this unhappy man. Between the last Assizes and the present time, I hope you have not been wanting in pro viding the defence you have this day made, as well es in a much more importent affair, in making your peace with that God with whom alone is mecy. The clergyman of this gaol is, I understand, a most respectable man. I recommend you to converse earnestly with him, and to seek the only means of regaining, through the merits of your Saviour, the pardon of God whom you have offended. I implore you to seek for it earnestly, and I pray Most sincerely that the gates of mercy may ; be still open to you. [The Judge was here much affected ; the prisoner Hunt sobbed loudly, and placed his handkerchief before his face. Thurtell's countenance indicated no emotion ; he was serious and profoundly attentive.] To that mercy I com mit you. The sentence of the law upon you John Thurtell is, that you be taken hence to the place from whence you came, and, that on Friday next, the 9th of January, you be taken to a place of execution, there to be hanged by the neck until you are dead ; and that your body be afterwards taken down and delivered over to be dissected and anatomized.—Upon you, Joseph Hunt, who have been convicted of maliciously aiding and abetting this murder, the sentence is, that you. be taken • hence to the place from whence you came, and thence to a place C A LIL E. On Friday last a Petition to the KING from Mr. CARLILE was forwarded to the office of Mr. P 3 EL, the Home Secretary of State, with the follow;ng letter : " Dorchester Gaol, Dec. 26, 1823. " STR—I take the liberty to forward to a Petition for pre sentation to his Majesty, and beg your attention to it at your earliest convenience. " I am, Sir, your obedient servant, " RICHARD- CARLILE." " To the Right Hon. Robert Peel, Secretary of State for the Home Department." These are portions of such Petition : " TO THE KING'S MOST EXCELLENT MAJESTY. " May it please your Majesty. " The Petition of Richard Carlile, in the fifth year of his im prisonment in Dorchester Gaol, for having sold a book en titled the ' Theological Works of Thomas Paine,' and a book entitled Principles of Nature, by Elihu Palmer.' " Showeth—That it was a practice with the first Christians, when persecuted under the Roman Emperors, to writ e apolo gies for their opinions, -to present them, to the reigning Em peror, and that in many instances the Emperors have been thereby moved to decree that throughout the Roman Empire the persecutions of the Christians should be stayed ; though, as the result has shown, the progress of the Christians to en deavour to overthrow the religion established by law, or the worship of the Pagan Immortal Gods. " That as the question at issue is the good foundation of the Christian region, it is is submitted to your Majesty, that discussion cannot alter the facto of the case, that your power cannot defend it, if false, nor aid it, if true : the only power your Majesty has in question is, to encourege the discussion on the subject, and not to suffer the odds to be on the one side. a prison against the pen, and profit on the other in its support. " That as your Majesty is the Head of the Church of England, and has the ower to call a convocation of the clergy, that they may discuss any subject submitted to them, your Petitioner asks, that your Majesty will be pleased forth with tp call such a convocation, or to appoint a commission to examine your petitioner's oppugnancy to the Christian religion. " That, your petitioner does not quarrel in the character of a sectarian, nor is his object to establi s h an y t hi ng new un d er the name of religion ; he has but one motive—to have all con vinced of the good foundation of that which exists, &c. " Thaf, it is the opinion of your petitioner, that no one thing that your Majesty can do would fix a brighter lustre on your Majesty's reign, than to order the immediate libe ration of all prisons imprisoned on religious disputes; and to guarantee the eight of free discussion on all subjects for the future. 44 That there are eight persons now in prison for the sale of your Petitioner's publications, and the ninth and the tenth still keeping them in open sale, and proud to enter a prison upon the same terms ; which perseverance is a line of conduct they have learnt from the early Christians—the success of which is certain. _ _ _ " Your Majesty has now the opportunity to claim the merit of granting that which passing events will inevitably enforce— the practice of free discussion. " Your Majesty's Prisoner, " RICHARD CARLILE. " Dorc7;ester Gaol, Dec. 26, 1821" \..,,,,, ) , F ye 4.10, v e-,) ~,,7 , ~ , . ,i* , ~ , ~..„ ,a. NORTHUMBERLAND. FREE AND ACCEPTED MASONS. His Most Graciotts Majesty KING GEORGE the FOURTH, ORAND ,PATRON. His Royal Highness Prince 'AUGUSTUS FREDERICK Duke of SUSSEX, Grand Master.. . . • PROVINCIAL GRAND LODGE - wilt rit be regularly constituted and held at FiI.EEMASONS! BALL, .NEWCASTLEUPON-TYNE, on. TUESDAY the 27th January instant, at Eleven o'Cl oo k i n the F orenoon , for the INSTALLATION of Sir MATTHEW WHITE RIDLEY, Bart. M.P., as PROVINCIAL GRAND MAS.:- TER for NORTIIUMP.ERLAND, in the place of Sir John Edward Swinburrie, Bart:, resigned; whenthe attendance of all Master Masons in the Province is requested ; and the Master Masons in the adjoining Provinces are respectfully invited to assist at the Ceremony.. • The Provincial Grand Master, Officers,' and Brethren pre sent on the occasion, will, in honour of his Royal , Highness the Grand Master's Birth-day, dine together: at Brother Dods worth's, the Queen's Head, at. Five o'Clock. THOMAS BROWN, Acting - Prim. Grand S e c retary. Navy - castle-upon-Tyn e , Jan. 6, 1824. MASONIC NOTICES FOR NEXT WEEK. ENGLAND. Jan. 12, LONDON. Nos. '4O, 143, 241, 313, :'39, 33.5. COUNTRY. Nos. 131,:233, 243,, 323, 378, 425, 433, 455, 473, 517, 536, 541, 546, 553, 5711, 574, 578, X, 701. - 13, LONDO N . N os . 23,62, lOU, '9, 399, 387, 421, 479..4 E;JL - NTR Y. Nus. 24 67 , 133 145 °ll 263, 235, 292, , 316, 427, 471, 477, 44, 501, 528, 579, 592, 694, 626, 649, - 666 , 714. iYednesday, 14, LONDON. Nos'. 3„-11, 16, 19, 29, 47,' 96; 237, 257, 334, 353, 435. COUNTRY. Nos. 54, 121, 126, 129 ' 159, 164, 213, 215, 232, 314, 344, 491), 440, 442'. 447, 468, 472, 478, Y;, 563, 577, 60f. , ,, 647, on, 690. Thursday, _ 1 5, LONDON. N as. , 65, 795 128, 152, 274, 388. COUNTRY. Nos. 45, .57, 113,171, 214, 283, 384, 416, 420, 453, 461, 468, 469, 483, 5111,, 545, 556, SGI, 581, 58Z, 717. - -- 1 6, LONDON. No. 493. COUNTRY. Nos. 28, 30, 55, 193, 479, 550, 600, 646, 655. 17, LON DON. * * COUNTRY. Nos. 64, 358. IRELAND. Tuesday, Jan. 13, CORK. i'To. 71. Monday, Tuesday, Friday, Saturday, NORTHUMBERLAND. . . , . . On Friday the 27th ult., being the Anniversary of St. JOfra the Baptist, the Brethren of St. Mid's Lodge,.South Shields, No. 440, of Free and Accepted Masons, of which his .N.laje..ity is Grand Patron, the Duke of Sussex Grand Master, and John George Lambton, ~E sq. M..P. -Provincial Grand Master, as sembled, at 9 o'clock, to instal officers for the ensuing year, .when the following• B ret h ren were regularly installed; 4.7. ; . George Potts, W. M. ; Thom as Hall; P. 31,.; ,lames Cana:, 3 J. W. ; JohnHalliday, S. ; Henry Secretary ; Ralph 'Robson, J. G. ; and Robert Grieves, Tyler. At 12 the Provincial Grand Master arrived, and was greeted Robert Dixon, .John Cum m i ns v ..Barn es , Treasurer •by the ringing of 1)013. He shortly , afterwards op ene d fi le 3 1 . i W tch . e. J. D. ; G ; 11, PrOvincial Grand Lodge in ample forrn;,and proceeded to the Installation of Officers for the ensuing year, when the following arrangement took place for the Provincial Grand Lodge, vivo.... Br. Wm. Loraine, Esq. D. E. Br. Thomas Ball, J. G. 1.).. f. G. M. - - , --:—.--Bonotnid, U.S.W. SirCutlibertSharpe S.G.W. Thomas Hardy G. D. C. —Wm. Fawcett, Esq:J.G.W. ,---11 alph - Jn.Lanclb- , I 7. Hedworth Larnbton,. Esq. ton, Esq. I i' Grand Treasurer- , . Alex.Logan,Esq } Stewards George Potts, G. R. Thomas Wilson 1 —J. P. Kidson, G. S. Jacob Stanley. j , • -.. Thomas Small, S. G. D. Alter the labours of the Lodge the Brethren partook of a sumptuous dinner provided for the occasion at Oyston's, and spent the evening with the usual hilarity and good humour. F STOC TWO O'CLOCK. India t Atock ogn. Intl:* Lionds - Ms. &will Sea Stock 9 7 Old Annuities Ex. Bills 53 t Ditto Small Bank for Act. 'lndia fig Con. Acct.' Cons. for Op. PRICE 0 THIS DAY AT Bank Stock 2324 233 3 per Cent. Red. B7si 3 per Cent. Con s . 36 ii ejc div. 3i per Cent 99i1 4 per Cent. 1 Old IWO 5 per Cents. I7W . I IN'er:los ex div Bank:LongAnn. 22 I.ltith 22 Imp. :3 per Cents. PRICE of FOREION STOCKS us' LONDON, JAN. AT ONE O'CLOCK. French f Five per Cents. 94. Scrip, 61 pm. 1 Six per Cents. 00. -, Five per Cent s . (M e t a lli c ) 00.' (Ditto New Mi. Five per Cent. Bott•l, 79k. ' • Scrip, 4g p rem . • • Five per Cent. Bonds, 15 . 20, 00.,- • Spanish Ditto 1821, 25,i. Ditto 323, 17. Prussian j Five per Cent. Bonds, 914. • Ditto New, - 893. Danish Five per Cent. Bonds. 9.4 f. Portuguese 37 ; 1. Peruvian New Loan, 00. • Chili 75. Colombian Six per Cent. Bonds, 62. IP OO. oyais • New, 3. ( Bank Shares 422 105.—.E23. - I Seven per Cent: 000. American Six per Cent. 00-090.. Five per Cent. 00-400. Three per Cent. 714. ltussiar, Neapolitan Austrian: HIGH WATER AT LONDON BRIDGE TO-MORROW.. Morning, 47 minutes after 6. 1 Evening, 11 minutes after 7, THE SUN. SOLEN 4rlS MCERE FALSU)I AUDEAT LONDON, THURSDAY, JANUARY 8, 1824. We have received the Paris Journals of Moo- The only articles worth extracting are the two following ; the first mentioning the preva lence of a report at Ilamburgh, that an expedi tion is to be sent out in the Spring, by Russia, to a Spanish port, to assist King FERDINAND in the re-conquest of South America, and the latter containing the remarks of the Journal des bats on this article, which may be considered as ,expressing the opinion of the French Government on the important question of South America. day. B R USSELS, JAN. 2.—The Journal de Bruxelles, in its non-official part, contains the following article, dated Frankfort, Dec. 29 " Mercantile letters from Hamburgh mentioa that a report prevails there that the Admiralty C( 1)1 1: