The Sun. — London, England, 1824-01-07 00:00:00

TRIAL OF TM:WI:ELL AND HUNT. HERTFORD. [Our Report yesterday concluded with the de tilion of the Court against the admission of Hunt s evidence for the Crown. We now resume our account at that stage of the proceedings, repeat tug, however, at greater length, the observations of Mr. Justtce, PARK in delivering judgment •n that question.' Mr. Justice am clearly of opinion, that although this case has been urged by the Learned Counsel with all due zeal and effect for his argument, yet that., nothing has been sub-• milted to the Court this day to furnish ground for a postponement of the trial, at least no argu ment has been used which has application to me. IL may be a proper ground of application to the Crown for the Royal mercy and favour, in a fu -11 re stage of the proceeding ; but I repeat, it is no ground for me to act upon. As to putting off the trial, that has been already dons for one ca lendar month, and I have not heard that during that interval any application has been made to the Crown in behalf of the prisoner Hunt, upon the reasons now adduced. With respect to Mrs. Radd's case, there is very great doubt in the fDinds of the learned persons, whether or no the application should have been made before or ;-f - ter the impleading. A word or two upon the discretion of the Magistrates. I have no earthly doubt but tfiat these particular Magistrates acted from the purest and best motives, according to the rights which they had. I find no fault what ever with them. I won't even say that they acted incautiously in this matter ; but I do say that these Magistrates, acting for the county, in their official capacity, have no right to grant this power of exemption from penalty. The Learned Gentleman says he sees no instance to the con trary. Yes, there were instances, when at every assizesapplications were made to the Judges for the , admission of particular persons to be witnesses for the Crown, and to go before the Juries. In this case, I observe that the depositions of Hunt were not made upon oath, and in that respect the Ma gistrates appear to have acted prudently and cautiously. But it has been said, that I should have refused the permission granted to Probert, on the faith of the previous pledge said to have been given to a man named Hunt. As far as newspaper information Conveys any statement upon the matter, or any public opinion upon it, I know nothing ; all I know of this case is from the depositions before me. Judges are in the habit of listening to applications for the admission of accomplices in trials of this kind ; for all but one of the parties are capable in such cases of being rendered witnesses for the Crown. But after all these discussions, and all that I can see on the record, there is no proof of the pledge having been given. Here is a person of the name of Noel swears that he made tliis pledge to Hunt; but the Magistrates positively deny that they authorized any promise of exemption, in the manner stated, for the prisoner. I am therefore of opinion, that all the circumstances stated in support of this application, way be ; for any thing know, available elsewhere, but cannot he made applicable on the present occasion. Let the trial then proceed. The prisoner Thurtell.—My Lord, I wish my solicitors to sit near my counsel. The COURT.—Certainly, I have ordered it so long ago. Mr. Fenton was then, with some difficulty, enabled to approach his counsel. Mr. Jay stood in front of the dock. Mr. Wilson • (the Governor of the gaol.)—ls Probert to be kept in the dock, my Lord Mr. GuatNEY.—Yes, lie is, for the present. The prisoners were then put to the bar, and Mr. Knapp, the clerk of arraigns, apprised them in the usual form of their power of challenge, and that the time of exercising it was when each juror was called in his place, and before he was sworn. . ✓ The proclamation of silence being made, the list of the Crown Jury was called for; but owing to the pressure of the crowd in every avenue to the Court, some delay arose in the assembling of the jurors in the box. The prisoners did not se parate their challenges, and 24 were made. The following names ultimately composed the jury : Thomas Brown, foreman ; Thomas Buck, Reginald, Jen aings, Richard Prior, George Starkie, Charles For, John Rus sel, Thomas Clialkley, NVni. Foldby, John Ilopewell, Samuel Pritchett, and Kimpton. . The indictment was then read over. It charged John with the wilful murder of William Weare, on the night of the 24th of October The first count charged him with perpe-, tracing the murder, by shooting at and drivin4 a pistol into the head of the deceased. In the second count he was charged with cutting the throat of Nlrtn. Weare with penknife. In both counts Joseph Hunt was ch'i. , .rged with inducing and assisting the said John Thurtell to commit the offence, before the commission thereof. John Thurteli was also similarly charged on the Coroner's InqUisition, and Proliert and Hunt as being accessories before the fact. The prisoners had on the former day severally pleaded " not guilty" to the indictment. ACQUITTAL OF •PIIOBERT. Mr. GURNEY rose and stated that it was not .his intention to offer any evidence against the prisoner Probert, who was arraigned on the Co roner's Inquisition. Mr. Justice PARK then briefly informed the Jury, that as it was not the intention of the Counsel for the Crown to offer any evidence against the .prisoner Probert, they would, of course, find a verdict of acquittal. The Jury having acquitted him accordingly, the prisoner Probert was then removed from the' btir. Mr. Justice PARK then stated, that as it was the wish of the prisoners that all the witnesses for the prosecution should be separately exa mined, all the witnesses now present would of course leave the Court. Mr. Justice P. added, it was thmeresssry for the mediCal gentlemen to leave the Court. Mr. 13nonEnwx, as Junior Counsel for the Crown, then shortly recapitulated the heads of the indictment. STATEMENT OF THE CASE FOR THE CROWN. Mr. GURNEY then rose and, addressed the Jury . in the fol lowing words:—As thedelay which has taken place in the pro.. ceedings against the prisoners at the bar, owing to the late ex citation of public feeling mast have had its intended effect, you are now assembled, I trust, with minds prepared to give per fect satisfaction by your verdict. It is important that criminals should be punished in order to prevent crime; there is only one thing more important, and that is, that the innocent should not be punished for the guilty - . That principle is sanctioned and acknowledged by the law, for of little influence would be those safeguards which the law had provided, if any one were liable to suffer unjustly. We have therefore Coroner's inquests to in. quire on the spot ; we have county Mag istrates to inquire, (such Magistrates as are an honour to the country to which they belong) ; we have inquiry before Grand Juries, under the direction of the highest authority ; and, lastly, we have Juries to pronounce their final opinion upon the evidence on both sides. That is your province now ; you are to pronounce only on the evidence which you will hear ; you are to forget all which you may have previously heard respect ing this case, and come to the full and dispassionate judgment to the consideration of the facts only. The crime with which the prisoners stand charged is undoubtedly one of the most mon strous description ; it is attended with circumstances of no common kind; it is imputed to one of the prisoners that he committed the act, and to the other, a knowledge of the inten tion to commit it; it is, therefore, a crime perpetrated in the most deliberate manner, and coolest blood, under the most aggravating circumstances, but in proportion to the enormity of the crime ought to be the extent of the proof. I shall not ask for your verdict but upon the most conclusive evidence ; and, indeed, when you consider the nature of the case, you would naturally call for strong proof, because it would require themost ceeeincing evidence that such a murder had been committed as that charged against the prisoners, who, if they are guilty, ar guilty of murdering a man who lived with them on terms 0; ac quaintance, if not intimacy :,' but with respect to the nature of the proof to be produced in such cases, it is not alsiays direct. The murderer chooses his place, his time, and his opportunity, when he imagines he is seen by no human eye, and heard by no human ear. We are therefore, in many cases, compelled to resort to circumstantial evidence, which, however, is often not less satisfactory than positive proof. There is also another description of evidence which is sometimes allowable—l mean that of an accomplice. It is right that all criminals should be reached by the strong arm of Justice, but we are some times compelled to make use of the guilty to punish the guilty. After a cool and deliberate consideration on the part of my Learned Friend and myself, we determined to give one of the persons accused as an accessary the benefit of an open confes sion. Something has been said respecting another confession and promise of pardon ; hut there has been no breach of faith ; 1 for faith, when given, should be kept on both sides ; but when the condition on which it is grounded is not performed, there can be no claim to pardon. The person whose death is imput ed to the prisoners, the late W. Weare, is said to have been a gambler, or connected with gamesters; but whether he was the I least of the most estimable of individuals, was a question of no importance. The prisoner John Thurtell, it appears, had some cause of complaint against Mr. Weare. The other prisoner, Hunt, was a public singer, and it did not appear that he was in the habits of any friendship with Mr. W. Weare. Probert was a dealer in wines and spirits, and resided at a place near Elstree, and a few miles from St. Alban's. The cottage at which he lived was made conducive to the crime now charged against the prisoners. Probert was much in town, but his wife resided at the cottage, which was a small one, affording few accommodations ; and those were occupied by Mrs. Pro bert, Miss Noyes, some children of Thomas Thurtell, and a servant boy. Weare made some engagement with John Thar tell to go down into the country for a few days, this was a few days before the 24th day of October, and three days before the murder. On the night before the murder it will be shown that Weare went to his chambers at Lyon's-inn, where he provided himself with a change of linen, and made such other preparations as a man would make who intended to spend a few days from home. On the afternoon of the day on which the murder was committed, Weare took a hackney coach, into which lie put such articles as he meant to take with him, and left Lyon's-inn about four o'clock. lie drove first to Charing Cross, then to Madox-street, flanover-square, and thence to the Edgeware-road, where he met a friend in a gig ; lie took his things out of the coach, and they departed together; he with the intention of going to Probert's cottage, hut it was never intended he should reach that place. I must now state to you, Gentlemen, the various circumstances which preceded the perpetration of the act. The prisoner, John Thurtell, and his brother, Thomas Thurtell, were desirous of a temporary concealment on account of some prosecution against them on another charge, and th e y accordingly gat a priv ate l o dging at Mr. Tetsall's, Coach and Horses, Conduit-street, B on d-street ; they were there the two days before the murder and flnnt , a nd some days afterwards. It will be shewn that the prisoner, went to a pawnbroker's in Marylebonne, and purc h a sed a pair of pistols, that he went to some oth er pl aces , at one of which he hired a horse and gig; at one of those places he also inquired where he could procure a sack anti was told he might procure one somewhere over We bridge, whi c h roa d lie had told the person of wh om he h i re d the horse and gig he w a s going. Somewhere or oth er, h o wever, he did procure a sack. It will be next shewn th at H unt , Thur. tell, Thomas Thurtell, and Noyes assembled at th e. Coac h and Horses; but I say it with perfect sincerity, that neither Noyes nor Thomas Thurtell were at all privy to the int ent i on o f th e act imputed to the other prisoners. Some conversation, how eve., did pass between them, which will appear in evidence ; I need not, therefore particularly state it. Hunt prepared the gig, and announced to J. Thurtell that it was ready, and he left th e Coach and Horses at or near five o'clock, statin g at his.depar ture, that he had to take up a friend ; before he w ent he d es ired a person to bring the gun down. On th a t evenin g Th urte ll w as seen in a gig, with a horse'of remarkable appearan ce ; it -- had a white face and white legs, so that it might be ea s il y i denti fi e d ; he was seen by a patrol on this side of Edgewae e • he was Seen also by the landlord of a public house beyond c:dgwa re , and from that time there was no witness to speak to him or his com panion, except another person, who keeps a public-house, and who will hereafter be brought forward. Probert had a horse and gig of his own, and he and Hunt set out some tim e after Thurtell, whom they overtook on the road. Hunt mentioned to Probert to pass on ; they passed each other ; Hunt and Probert listened on the road, expecting Thurtell and Weare to come up. When they arrived about a mile from Probert's cottage, Hunt got out of the gig, and Probert drove home. On his way he met Thurtell, who had passed Probert and Hunt unobserved by them. Thurtell inquired for Hunt, and was told that he (Probert) had left him behind. Thurtell then desired him to return and bring Hunt, as he had done without him. He (Probert) did su, and told Hunt what Thurtell had stated ; Hunt replied it was no great matter. Thurtell on se e _ ing Hunt, reproved him for want of punctuality, and stated that the pistol which he had brought was no better than a pop_ gun, that it produced no effect, and that Weare got out of the gig and ran away, when Thurtell following him, Wean said he would give him back the money he had won of him (John Thurtell) if he would spare his lire ; but Thurtell first cut his (Weare's) throat, and then struck the butt end of the pistol into his brain, and turned it round, saying, " Now I have made ' :sure of him." It will be shown to you that two persons saw a gig near the spot where the murder was committed ; that they heard the report of a pistol, followed by voices ; that spot was Gill's Hill-lane. You have now, therefore, the leading facts of the case: Thurtell then went to the cottage, and when he entered the house, inquired about Probert and hunt. They afterwards came back—Probert and Hunt in a gig, and Thurtell behind. They then went into the house. Neither Thurtell nor Hunt had been expected, and Hunt was a perfect stranger, and was then introduced to Mrs. Probert. Some pork chops had been provided. They afterwards went out on the pretence of calling upon a Mr. Nichols. This was only a pre tence. It was to go down to the body. Is was found with the throat cut. They enveloped it in a sack. They rifled the pockets. Thurtell had before got a large sponge, with which he sponged himself with great care, and sponge marks were afterwards observed on his clothes. He produced a gold watch without a chain. He also produced a gold curb-chain, which, when doubled, might be used as a watch-chain, and singly might be worn round a lady's neck. This chain he presented to Mrs. Probert, and placed it round her neck. Miss Noyes proposed to give up her bed to one of them, but they made light of it, and said, " Oh no, we shall not require a bed." She retired to rest, but Mrs. Probert felt alarmed and appre hensive. Gentlemen, it is scarcely possible, if it be possible, to commit crimes without betraying them by some disorder or demeanour. Mrs. Probert saw symptoms which awakened her suspicions, and she looked anxiously out. ,Thurtell, Hunt, and Probert had gone to the body, and fecund it too heavy to carry. They took a horse, and placed the body of Mr. Weare upon it. ft was . thrown across, nearly concealed in a sack. Mrs. Prtibert saw what appeared to her then like a corpse. When they came into the house, she came down stairs "and listened, her fears prompting her suspicions, and there she ob served that they were dividing some money-51. or 61. each, besides papers and other things. Probert went to his bed, and to his 'surprise found his wife awake. As early as six in the morning, both Thurtell and Ilunt were out searching in a hedge, and were Observed by labourers, one of whom spoke to them. Thurtell said, " I was nearly capsised here last night." The person who spoke to him said, ".I, hope you were not hurt?"—" Oh, no !" he replied, we were not thrown out." The labourers were somewhat suspicious, and searching, found first some blood, then a pen-knife, and afterwaids a pistol, the fellow of which I was found in Thur tell's room. Othe r a ppearances will' be proved to you, which can eave no doubt but that was the spot where the murder was committed. Afterwards Hunt appeared at the Coach and Horses, unusually gay. On the Sunday they were there with Thomas Thurtell. Hunt, who had before been very shabbily dressed, went up stairs dressed very fashionably • he was found to have bought a new spade, and he told Probert that it was for digging a place to bury the body. On Sunday they came to Probert's cottage. Some persons mentioned that the report of a gun or pistol had been heard in the lane on Friday night, which excited the alarm of Thurtell, and inspired all of them with a desire of removing every circum stance that could become evidence of the crime. Probert in sisted that the corpse should be removed. Thurtell and Hunt promised to remove it on Monday night. On Monday all went from Probert's cottage to the Coach and Horses, in two gigs, and in one of the gigs a boy of Probert's was placed, who had never been in London before, and who was then carried away, in order to remove every chance of evidence. He was lodged at the Coach and Horses till he was taken away when search for evidence was made. It will appear in evidence before you, that on the Monday night Hunt amused Mrs. Probert, while Thurtell and Probert put the corpse into the gig. Probert came in, and said `,‘ the gig is ready ; Thurtell and Hunt then went away ; whither Probert did not know.— It appeared afterwards that they had gone to a pond near Elstree, at some distance from Probert's house. In the bot tom of the gig blood was found. At last the rumours of a murder reached the ears of the Magistrates, and Thurtell, Probert, and Hunt were apprehended. Hunt, when he heard that it was known that he had hired the gig, . had recourse to various means for changing his appearance; he shaved his whiskers, which, you know, Gentlemen, alters the ap pearance more than any other means. Inquiry was made as to the person supposed to have been murdered, and at last the body was found, and found certainly upon the informa tion of Hunt. Gentlemen, no other use will be made of his confession, and this use is perfectly authorised both by reason and precedent. If a thief give information where the stolen goods are lodged, it is evidence. The confession of a prisoner under the influence of a promise is refused in evidence, because he may be induced to state what is not true; but a fact of finding goodiestolen; or a body murdered, is undoubted evi dence. You will find, Gentlemen, a most perfect chain to esta blish this case. The-facts, in some measure, depend on the evi dence of an accomplice, for Probert is undoubtedly an accom plice in receiving and harbouring the murderers. He may be represented to you as a bad man, and;Gentlemen, what accom plice is not a bad man ; for what heart does not revolt at the concealment, if not the encouragement, of persons guilty of murder ? You will therefore receive his evidence with jea lousy ; but it appear& to me that his evidence will be sup ported with a degree of confirmation which you cannot resist. Thurtell set off with a Gentleman from London, who did not arrive at Probert's cottage ; the property of that gentleman was found upon him. Some time before pistols had been bought, of which one was found on the spot where the murder had been committed, and the fellow of it in Thurtell's room at the Coach and Horses ; the blood was traced on the spot, in the gig, and on the clothes of Thurtell. After he was appre hended; he was asked what he had done with the knife he had had ; it was found that it had been thrown over a hare; there the knife was found; it had been Mr. Weare's. As to . Hunt, he had been a stranger to Probert, and could not there fore have gone to visit him as a friend. The double bar relled gun, and the backgammon-board, part of the plun der of Mr. Weare, were found in Hunt's room. Upon the person of Mrs. Probert the gold chain was found. A red shawl was found round the neck of the corpse, and it will be proved to have been seen in Thurtell's hands before. These, Gentlemen, are . the facts which will be proved to you, and I have felt great anxiety not to state any thing what ever, which I do not believe the evidence will support.— But there is one thing, Gentlemen, which I hope I have ex plained i t i s , that after Thurtell had been apprehended, he was asked what' he had done with the knife ? To this lie made no reply ; but it was found that he had thrown it over a hedge. It is said that Hunt became accessary after thefact, but' f tbat I find no evidence whatever. Gentlemen, it is an arduous and painful task you have to perform ; and if any doubt can remain of the guilt of the prisoners, you will acquit them ; but if the evidence be clear and satisfactory against them, you will per form your duty, and find them guilty. [During the delivery of this speech, both Thurtell and _Hunt were very busy taking notes. They were accommodated with seats, and a communication was opened between them and their Counsel. Both looked extremely anxious and attentive.] THE EVIDENCE. John Beeson examined by Mr. Bo 1. LaND.—I am a Constable at Watford. I apprehended Hunt and went with him for the body. fi e pointed it out. The body was concealed in a sack, down to the knees. It was near Elstree. There was a rope lying on the sack • it was about a yard long. There was a stone fastened to the end of the rope. It was carried to the Artichoke at Elstree. Cross-examined by Mr. ANDREWS.—The pond is about a quarter of a mile from Elstree, and on the right hand of the road. To the left there is a finger post, directing to Battler's Green. There are four ways. If a man ignorent of the road were going to Probert's he inst mistake his way ther e . If by mistake a person went from that place on the, road to Radcliff; he would, by turning down the lane, get again on the road to Probert's cottage ; the roads there are very narrow and bad, and must he travelled slowly. By Mr. THESSIGER, for Hunt—Pour of us, besides the coachman, went for the body. The pl ace w h ere we f oun d it is -two milesfrom Probert's said cottage; we w e n t a ltogeth er to the brook and searched about five minutes, a es, and found the body in. repeatedilot the iid body h : the deepest part ; it was the u eepest near the hedge ; no one or two men could have placed , it there without . g oin i nto the water. Witness, on the question thought if two men laid hold of the body, th e y might ha* swung it to the place it was found, on e could was five yards from the edge of the pond. Re-examined—Pheard Hunt point out the pond before we searched it; the body might have been placed where we found it by throwing the stone and rope over the pond, and then dragged the hotly in. By the Court—T e pond . is about as large as the Court-house; all the rope was twisted round the body i n a careless manner when it was taken out of the pond ; th ere was a handkerchief full of stones in the sack. Robert Field, examined by Mr. BitonErtics.—l keep the Artichoke Public-house, on the road to Elstree ; a dead body was brought to my house on the 30th of Oct. ; I saw it drawn out of the pond; it was in a sack fastened with a cord; there were two or three yards of the cord hanging when the body was drawn out • the same body was after wa rds shown to Mr. Rixworthy andßichard Weare. John Upson, examined by Mr. Bot.Laten—l am a Bow. street officer. I was at Watford when the prisoners were ex amined on the 29th and 30th of October ; on - the 30th I had a conversation with Thurtell; I was 'one of those who went for the body ; we got a rake and fish fork, and searched the pond without success ; a man 'got a ladder and was searching the pond ; Hunt said it was nearer the edge ; it was found there. William Rixworthy examined by Mr. BRODE ItICK.-1 was intimately acquainted with the late Mr. Weare. I save the body dead at the Artichoke on the clay, of the Inquest, the 30th or 31st of October. lam positive that it was his body. Coss-examined by lir• knew the body as well as if he was alive. I never expressed a doubt of it. Richard Weare examined by Mr. BOLLAND.—I saw a dead body at the Artichoke, near Elstree, on or about the 30 th of October. It was the body of my brother William. Thomas Abel Ward examined by Mr. BRODERICK.—I am a surgeon at Watford, and exurnined a dead body at the Arti , choke on the day of the Inquest. There were several marks of violence about the left temple, which corresponded with the muzzle of a pistol then produced; the wounds penetrated . the scull; several portions of the bone were broken and driven into the substance of the brain ; the wounds had every appear ance of being produced by the pistol; they would have caused immediate death. A wound on the right cheek had the appear ance of being from a gun or pistol shot; it would not have caused death ; there was a lacetated wound on each side of the neck, given by a knife or sharp instrument ; the jugular vein was divided on the left side. . _ _ Cross-examined by Mr. PLAT T.—Th2 impression of the pistol was made on - parts of the skull that were not fractured. More than one of the bones of the skull was broken, it might have been done by a larger instrument than a piStol. The wound was an inch and a quarter long, by seven-eighths wide. Witness here produced the fractured bones taken out of the wound. A great haemorrhage must have taken place, if the wound wasinflicted on a living person. It is impossible to say whether the wound was inflictedtefore or after death.. After the body was in the water three or four days 'I could not judge. The body was quite fresh. Had I known the individual in his life-time, I should have recognized his body. Richard Ruthven examined by Mr. BoLLAND.—Is a Bow street Officer; apprehended Thurtell on the Wednesday after the murder, at Tetsall's. He found in his coat pocket a pistol, which was not loaded, and a key and a knife in his waistcoat pocket.—(These articles he produced to the Court.)—He also found a muslin hankerchief, close to his bedside. There were marks of blood on it. ,He also found a shirt, with marks of blood on the collar. A black kerseymere waistcoat was found on the prisoner, the pocket of which was marked with blood ; and a black coat, with stains of blood on the left shoulder and on both cuff's. A hat, spotted with blood, was alsofound.— Witness apprehended Hunt at 98, King-street, Golden-square, on the same day. On the following day he examined litint's lodgings, where lie found a double-barrelled gun in a case, and under his bed a sponp;e, which was then wet. A carpet bag was also foUnd. • To The best of his recollection it was empty. He found a Pair of breeches, a pair of gloves, a pair of leggings, one pair of half boots, and one pair of Hessians ; he found a cord, two waistcoats, three shirts, two coloured handkerchiefs —two of the shirts were marked, one " W. W. No. 1," the other " W. ;" one neckcloth, one collar, four pair of socks, a nightcap, a clothes-brush, a powder-flask, a turn-screw, a bul let-mould, and a comb. He had had these things ever since in his possession. _ _ _ Cross-examined by Mr. CHITTY—When he arrested Thur tell his door was unlocked, so that any one could have had access to it. His drawers were unlocked, so that any servant or person about might have got at the articles they contained ; but most of the articles now produced were tied up in a hand kerchief. There were several inmates in the house. Thurtell was in bed when he entered ; there was another person in the room in a second bed. Thurtell offered no resistance whatever. Cross-examined by Mr."fiIESSIGER.—Did not search Hunt's place on the 29th, when he arrested him ; Hunt's wife was not at home when he was arrested. Henry Simmons examined by Mr. BnoDERICK.—Was the constable of Watford; he got a pistol from Charles Nicholls, Of Batler's Green , it was spotted with blood, the pan down ; there was hair about it, when it came into his possession ; the tow in the muzzle was then much the same as now; he also got a small knife at the same time floin Mr. Nicholls. The wit ness produced these, with a red shawl handkerchief ; the last he received from Dr. Pitcock, the younger, on the 31st Octo ber. 'lie had got also a curb watchgold chain, and a small red trunk, which he received from Mrs. Probert on the 15th Nov. He received a sack from Robert Field, the landlord of the Ar tichoke; he received another sack on the 24th November from. Williain He received no other sack from Mr. Field; he also received on the 31st of October part of a coat from Ro bert Bates ; he. eceived three several articles from.the.persons he had mentioned in the presence of the Magistrates ; he also received a spade on the 18th of November; and a handkerchief from Mr. George Jones. Probert was now called in, and was placed in the witness box. He looked somewhat alarmed ; but was less flurried than might have been expected. • Examined by, Mr. GURNEY.—I occupied a cottage in Gill's Hill-lane ; I occupied it for six months before last October ; my family consisted of Mrs. Probert, and her two sisters,. the Misses Noyes, a part of the summer ; a servant maid, and a boy. In October only,one of the Misses Noyes was there ; I had also two of Thomas Thurtell's children, but none of my own at that time ; the children mentioned belonged to the pn soner's brother : I have been for some time past acquainted with the prisoner J. Thurtell ; he had been down there with me often ; he had been about there sporting with me ; he knew the road to my cottage very well ; Gill's Hill-lane turns out of the St. Alban's high road at Ratlet ; the regular way to town would be from my cottage to Ratlet ; the usual way which . I and -Thurtell travelled was by Ratlet ; my cottage was four teen miles and 'a quarter from Tyburn-turnpike ; the pri soner and I were together the latter end of October, at Tet sail's, the Coach and, Horses, in Conduit-street ; his brother was there too ; I certainly did not procure him a lodging there; I met them there on Friday the 24th, when I dined with John Thurtell and Hunt. Thomas Thurtell was there, and •Noyes. After dinner, Thurtell said something about Money. Three or four days previous to the 24th, I borrowed 10/. of John Thurtell ; I was to let him have it back on the Thursday or Friday ; on the Thursday I saw him at Mr. Tet sail's ; he asked me if' I had got the 10/. ; I said I had not, as I had not been able to collect any money. He said, " I shall want it to-day or to-morow, or it will be 2001. or 300/, out of my pocket; but," said he, " if you will let me have it to-mor row it will answer the same purpose." On the next day, I paid him 51. ; 1 borrowed that Si. of Mr. Tetsall; that was after dinner on the Friday. Ile then said," I think I will go down ,to your cottage if you are going down." H e added,;" You can drive Hunt, can't you ?" I said, " Yes." He said; " he had a friend to meet him at Steven's, after five o'clock, and he shall go down to. He then said of that friend," If I have an opportunity, I mean to do him, for he is a man who has robbed me of several hundreds. He said, I have shown Hunt where to stop, for I shall want him about a mile and a half beyond Elsteee. If you are fearful that you shall not go down, give Hunt a pound." This I did ; he s aid to Hunt, " Here, Joe, that is for you to hire a horse with. If Probert don't c o me , y ou hi re a h orsg, yo know w h e re to stop for me. I can't say that Hunt made any answe r . I.gave him twenty ,shillings in silver. Thurtell then it was a little after five o'clock when Hunt left the Coach . y Horses almost immediately. He hired a horse and dhiemha;ise, a grey horse, with a whitish face. Hunt my home; / took Hunt with me. ,When I came to the end of left the Coach and Horses ; I afterwards left it to go to to take with us for a supper. At the end of Ox said " this is the place. "—[Here the Court was Oxford-street, Hunt got out of the gig to buy a loin of pork at my request, Ox ford-street, he interrupted by a noise from the crowd, which made it impos sible to hear the witness idistinctly.l—ln our way down we overtook Thurtell about four miles out of town ; Hunt said, D r ive by and take no notice ;" Hunt afterwards said, " It is all right, Jack has got him." There were two in Thurtell's gig—Thurtell and another man, who was unknown tome. I passed them and said nothing. I stopped at a house called the Baldfaced Stag, about seven miles out of town, and about two miles short of Edgware. I had not stopped before at any other place. It was then perhaps about a quarter to seven, When Hunt said, " It is all right, Jack has got him." I asked who it was that was in the chaise with Thurtell ; Hunt said, you are not to know his name, yon know nothing of him. The Baldfaced StagiS 'a house which I have supplied with spirits. in which I am a dealer, I went in and stopped about twenty minutes ; Hunt would not go in, as he said he had not return ed some horse-cloths he had formerly borrowed there; I stop- Ind about 20 minutes. I then drove on and overtook Hunt near Edgware. I then took him into the gig again ; and I next stopped at Mr. Clark's, the Red Lion, in Edgware; we. both went into the bar, and took a glass of brandy and water; we stopped there about 10 minutes. We then went furtheron to a house. where I bought a bushel of corn for my horse, which was put in a sack. When we started from this place Hunt said " I cannot think where Thurtell is ; he cannot have passed us." We had only just stepped into the bar. I then drove on to Els tree to the Artichoke, kept by Mr. Field. I, should think I got there about twenty minutes before eight. Neither of us got out ; we took four or five glasses of brandy and water sitting in the gig, and waiting for the express purpose of letting John Thurtell come up with us. At last we heard a gig coming.— We then started. I think we had stopped at the Artichoke for more than three quarters of an hour. We then .went about a mile and a. half without stopping.; we were near • Mr. Phillimore's . Lodge, when Hunt got out to wait for John Thurtell: he said, " am going to wait here for Thurtell ;" I drove on through Ratlet, towards my o w n cottage ; .1 left Hunt behind. When I came near my cottage, I met John Thurtell short of it about one hundred yards ; nobody was with him; he called out "Halloo! where is Hunt ?" I told him I had left Hunt waiting near Phillimore's Lodge for him ; John Thurtell replied to that, " 0, I don't want him now, for I have done the trick." He said he had killed-his friend *hom he had brought down with him, and ridded the country of .a villain who had robbed him of three or four hundred pounds. I said " Good God ! I hope you have not killed the man." He said, " It is of no consequence to you ; you don't know him, and never saw him. Go. back and Seek Hunt, for you know where you left him." I returned to • the place where 1 left Hunt, and found him there. Thurtell did not walk down with me, nor did he tell me what he meant to do. I took Hunt into the gig, and said to him, " Thurtell is at my house, and he sayS he has killed his friend ;" and Hunt said, " Thank God I am out of it ! then be has done it without me." Hunt then said, " I can't think where the devil he passed us ; I never saw him pass, -and I am glad that I am out of it." He said at the place where I had set him down, " this is the place where we were to have done it." I asked him who the man was, and Hunt said, " You don't know him,'and I shall not tell you his name." He said it was a man who had robbed Jack of several hundred pounds, and they meant to have it back again." By this time I was near my own door ; .John Thurtell stood by it ; he drove through the' gate. Hunt then said, " Thurtell, where could you pass me ?" Thurtell said, " It don't matter where 1 passed you—l have done the trick; I have done it." Thurtell after wards said, " What the devil did you let Probert stop drinking at his d—d public-houses for, when yOu knew what was to be done." Hunt said, " I made sure that you was behind, or else . I should not have stopped." I took the loin of pork, and gave it to the servant girl to cook. I went intoalie parlour and in troduced Hunt to Mrs. Prohert ;. he had never been there be fore; John Thurtell followed; we had stopped in the yard be fore.we entered ; we three went out of the house . before supper ; we first went to the. stable, and Thurtell said, ".Now I will take you where he lies :," I went back into the parlour, and said I was going to ask Mr. Nicholls for a day's shooting ; I desired them not to get supper ready till we came back ; be fore this, Thurtell had taken from his gig a sack and cord ; he then went down the lane, and I carried a lantern ; John Thur tell said, as we were going along, " I began to think that you would not come." Hunt answered, I should have been in time, but I made sure that you were behind ;" Thurtell said,." Pro bert, when you get a little further on, it is beyond the second turning." When we came to the second turning, he said, "a little further on ;" we went further on, and he stopped, and said, " this is the place;" we then began to look for his pistol and knife, but neither of us found them; we then got over the hedge, and found the body lying there ; the head was wrapped up in part of the red shawl which had been worn by the deceas ed ; Thurtell then began to search the pockets of the dead man ; he took from them a pocket-book and three 5/. notes, which the pocket-book contained, a memorandum-book and some silver. He took no watch or purse at that time. Thurtell said when he had taken the pocket-book and memorandum-book, " These are all that he has got ; for I took his watch and purse away when I killed him." We put the body into a sack • we put the head in first ; the sack came down to about the knees of the deceased ; we tied the sack round with a cord ; it was r the sack which Thurtell had taken from the gig ; I cannot say whether the cord had been in the sack ; we left the dead body ' then • we went towards home. Th ur t e ll sa id, " Wh en first shot him, he then jumped out of the gig, and ran like the devil, singing out he would return all he had won of me if I would only spare his life." I have heard Thurtell speak of having been in the sea service : cannot say whether " singing out" is a sea phrase or not. Thurtell said, when Mr. Weare had got out of thegig, " I jumped out also and ran after him I got him down, and began to cut his throat, as I thought., about the jugular vein, but could not stop his singing out ; then jammed the pistol into his head, and gave it a turn round,. and then I knew that I had done for him." Thurtell also said to Hunt, "Joe, you ought to have been with me; I thought at one time he would have got the better of me ; these pistols e I thought, would have settled the business at once, but they are like squibs, and are of no use." Hunt said, " I should have been here, but that I made sure of your being behind." He added, " I thought one of theae pistols would have killed him. dead ; but, however, you had plenty of tools." We then re turned to my cottage and supped. In the course of the evening I saw a gold watch and chain ; Thurtell produced them ; It was a very handsome watch ; I think it was in a double case, but cannot answer for that; a gold chain was attached to it ; .the. chain now produced is a similar one ; he took off the chain, and gave it to Mrs. Probert, saying, it was more fit for a lady than for a gentleman. Mrs. Probert accepted it. The watch he put into his waistcoat pocket with the seal. There was but one spare bed in the cottage, which was occupied by Thomas- Thurtell's children; that bed being so occupied, there was in. fact no spare bed. Mrs. Probert asked Thurtell, if he wished to go to bed, as if he did, and chose to sleep with the child ren, there was a bed for him ? Thurtell said, he was much , obliged to Mrs. Probert, but could do very well with the sofa. Hunt sang two or three songs ; he was a singer by business. Mrs. Probert and Miss Noyes then went to bed... He thought they went to bed about 12 o'clock. 'When Mrs, Probert and Miss Noyes had retired, Thurtell took out the - •poeket book, the purse, and the memorandum book; there were some sovereigns in the purse. He gave me and Hunt 6!. each ; he gave me 51. and a sovereign. He said when he gave them, "'That is your share of the blunt." There were several' papers in the memorandum and pocket books ; these with the purse and books were burned. The carpet bag was then opened- Thurtell said that that bag belonged to the man (he did not: name him,) whom he had shot. The bag contained wearing apparel and shooting materials. All were taken out and exa'.- mused, and put in again, with the exception of two or three silk handkerchiefs which were left out. There was a backgammon. board, dice, and cards.—[Witness here identified those articles which had been produced.]—There was besides a double-bar reled gun ; it was taken out of the case. The carpet bag and the backgammon board were taken to town next day by Thurtell and Hunt in a gig. After examining the things it was proposed to have some brandy and water, and Thurtell said, " I mean to have Barber Beaumont and Woods." Barber Beaumont is connected with an insurance office in London. Woods is a young man in London, who keeps company with Mrs. Pro bert's sister, Miss Noyes. There might have been : more said, but Ido not remember that there was. I recollect that Thur tell said, " Joe, we must now go out and fetch the body, and put it into the pond." I said, 44 By God you shall not put it in the pond (the pond in my garden), for it will be the cattle of my ruin." Thurtell said, " Had it not been for Hunt he (Mr. Weare) would not have been here, for I should have killed him in the other lane, and then returned to to wn to i nqu i re o f his friends why h e had not joined me." We went out. At first only Thurtell and Hunt went out ; they came back to me : Thurtell said, " Probert, it is too heavy —we cannot carry it." They had been gone out about a quarter of an hour. Thurtell then said, " Will you go along with me, Pro bert ? 1 will put a bridle on my horse and fetch him." I went out with him, and Thurtell and I went to the stable, leaving Hunt near the gate. We took Thu r t e ll' s h orse, and went to the body ; Hunt waited about, and did not go to the place.— We put the body on the horse andbrought it into Mr. IVardle's• field, near my garden gate. Hunt then took the horse to the stable and came back to us in the garden, and we dragged the put a few stones through s into the the sae k, garden and thdroewwn the to h t b od e ypionntdo, the e w p r e ond. I do not know where the lanthorn was then ; the feet were then partly above the water;. Thurtell threw a cord over the feet, and I then dragged the body to the middle of the pond; we all three went back to my cottage ; I went to bed almost im mediately ; I found my wife up. Next morning I came dawn about nine o'clock ; Hunt told me what he and Thurtell had been doing ; he said they had been down the lane to look for the pistol and knife, but neither had been found. They asked me to go . and look for them ; 1 said, I would do so, b u t did 'not ; the reason I did not look for them was this :—When got into the lane, 1 found some men at work there; so I took no notice and went on ; after breakfast they went away in Thurtell's gig, taking the articles before mentioned with them. On Sunday they came down again with Thomas Thurtell and a man named T. Noyes ; Hunt and Thos. Thurtell came in a gig, and John Thurtell and Noyes walked down. Hunt brought a bundle of clothes, a spade, and a newspaper; the snade was to bury the deceased; Hunt got out, and T. Thur tell went back to take up John Thurtell and Noyes. 'When he came Hunt was very dirty ; he asked - to go up stairs and change his dress ; he did so, and came down well dressed in almost new clothes; Hunt told me those clothes had belonged to the deceased. Hunt brought down a spade with him ; he told me so, and. that he had thrown it over the hedge into my garden he said he had brought it to bury the deceased. After J. Thurtell arrived he and I walked round the pond ; Thurtell asked if the body had rose; I said " No ;" Thurtell replied, 44 No, I am told it will lie there for a month." In the afternoon a person of the name of Heward called. I went with him to Mr. Nicholls'. After my return I- told Hunt and Thurtell what Nicholls had said. Mr. Nicholls had informed me that some one had fired a gun off in the lane on Friday night about nine o'clock, and cries of murder w ere heard. He (Mr. Nicholls) said, " I sup- pose some of your friends were trying to frighten each other. On nw telling this, Thurtell said, then lam baked." I said, "I think it is a bad job. lam very sorry it happened here, and am afraid it will be my ruin." Thurtell said, "0, never mind; Probert, they can do nothing to' you." " I said, " the ' body must be taken out of my pond." Thurtell said, 44 will tell you what 111 do, Prohert. 'When You are all gone to bed, I and Joe will take the body out and bury it." I said this will be as bad as leaving in my pond, if you bury it in my garden. John Thurtell then said, 44 I will bury him where you nor any one else shall find him." We were then going into the parlOur, when Hunt said, "they could do no thing with you Probert, or me either, as we were not present at the murder." Thurtell and - Mint sat up all night ; I went to bed; Noyes and Thomas Thurtell went also to bed.— Thomas Thurtell slept with his children ; I cannot tell where Noyes slept; in the morning they told me that they had intended to bury the body in the garden, but the dogs had been barking all night, and they therefore thought some one was about the grounds, and had done nothing with it; Thurtell said, they would come down in the night and take him (the deceased) right away, and that would be better for them altogether ; the next day, Thomas Thurtell, Hunt, and my boy left my cot tage to go to London ; I had no use at all for the boi , in Lon don ; he was taken away that he might not be at the cottage to answer questions. At night, John Thurtell and Hunt came down again in a gig; they supped with me; I and John Thur tell went to the stable, leaving Hunt with Mrs Probert ; Thurfell said, " Let us go and get the dead body, and leave Hunt talk ing with Mrs. Probert, and then she will not suspect anything." Thurtell took nothing out of his gig at that time. We went to the 'pond, and took the body of the deceased out; we took him out of the sack, and cut the clothes off; when the clothes were taken off, we left the body naked on the green by the side of the pond, and then returned to the parlour, and told Hunt that the horse and gig were ready. They were not, how ever ready at that time. We. then went to the stable, and ,John Thurtell took out of his gig a new sack and cord. We assisted him in putting the body into the new sack, and then carri e d it,, all three of us, to the garden gate. We left Hunt with the body ; and I flung the clothes into the field. The horse was then put to. Thurtell said, we had better leave the clothes, as there was no room for them in the gig. 'We put the body into , the gig. They wanted me to assist them further in settling it in the gig, but I would not. Some of the clothes which had been cut from Mr. Weare I burned ; some I disposed of ire other ways, as they had wished that I should. I was taken into custody on the Tuesday, the day after they had left my house. Cross-examined by Mr. ANDREWS.—i was apprehended by .Ruthven at Mr. Nicholls'. The confession which I formerly Insole was made of my own accord, and not in consequence of any offer of pardon. Do not recollect having been asked to 'turn King's evidence. Do not remember that as 'soon as Huut had Made his confession I talked to a person about becoming a witness; I do not know that any thing of the kind occurred. I knew the story which has been told by Hunt; at least I have seen it in the public prints ; I did not express my wish to be come a witness for the Crown ; I do not know that I expressed any wish of the kind ; I do not know that I had heard any thing on the subject till Mr. Wilson brought me the intelligence that I was to go before the Grand Jury ; I did not know what I was to be done to, but expected to be put on my trial; I have not seen Mr. Probert since I left my house. I was told by Mr. Williams that one would he admitted a witness for the Crown. I had no solicitor last October. Mr. Noel, lam sorry to say, 'was formerly my solicitor; he was so from 1819. Q. You knew that there was a man going to your house who was to be murdered ?—A. I did not believed it. Q. You knew it when you saw the murdered man !—A. Yes• Q. You let the man remain in your house who had commit ted the act ?—A. Yes, but I should not, had I not been is liquor. Q. We shall see that—you allowed him to remain the next morning, rbelieve ?—A. Yes. Q. Had you told Mrs. Probezt any thing about