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

don' t know what I said ; I believe I said we had been netting. Q.. Had you a white hat when you went into the lane on the followliig morning ?—A. 1 don't know; I think it was a black one ; I sometimes wear one, and sometimes the other. The examination was then continued in questions, which led to the following answers :—I think Mrs. Probert put the gold chain on her neck which Thurtell gave her. When she spoke to me about her uneasiness as to what had been done, I did not communicate any part of what I knew to her. I did not know that the sack and cord were in the stable until Thurtell told me to go and'fetch them. I never was in a scrape of this kind be fore. I was never charged with felony. When I was in the Ring's Bench I was charged with taking silver out of the till of man who owed me 1001. In consequence of this charge I was sent to the House of Correction ; I have been in Here fordshire ; I was not charged with sheep-stealing there ; I was accused of buying skins which were afterwards claimed as another man's property ; this was not being the receiver of stolen goods; nor was I sent to prison for it. I have passed two or three years of my life in the King's Bench and the Rules for Debt. I have been in Horesemonger-lane for felony, and in the House of Correction. I was committed under my bankruptcy for not making satisfactory answers to the Com missioners ; I never got my certificate ; I owed two or three thousand pounds, and never paid any dividend ; I have been brought up five or six times under the Commissioners' warrant. —I have been discharged two years ; since which time I have been doing business for my brother in the Strand, in the wine trade; that has not failed yet ; I think Hunt had a white hat. The first time I saw Mr. Barber Beaumont was at the Cock in the Haymarket; I never mentioned to him the threats which had been made against him. When Thurtell came down to my house I was obliged to introduce him to my wife. I knew he was making love to my wife's sister; I did not think it likely to come to any thing, and therefore I did not mention what I knew of him. Ido not know that there was any card playing on the Sunday at my house; I do not think my wife called for the cards; I never saw her play in my life ; I heard - nobody say it was a bad example; •I was out part of the night ; I have been in London eleven years ; I am certain I do not nnow when I last employed Mr. Noel to do any business for me. By Mr. THESSTGER.—I do not remember that I had any .:onversation with Hunt about the night he was to go down with me; I have known him perhaps for twelve months ; I intro duced him to Thurtell, ahout seven months ago, at the Cock ; 1 never invited him to my cottage that I know of. On the Friday in question I drove him, but I don't know who invited him ; I did not express my surprise at Thurtell's taking him down at that dine of night, although he had not been introduced to Mrs. Probert. Hunt paid for the pork in Oxford -street, end I have never paid him again ; I believe it was only eighteen pence. When Hunt desired me to take no notice of who was in the gig, I did not make any remark. 1 had a handkerchief as my share of the plunder ,• I burnt a mark out of it ; it was a " W." It is very likely I said that Hunt and myself knew nothing of the murder until after it was committed. I have been convicted of felony ; but the public were satisfied, though 42 men were not. [The COURT thought this kind of examination should not 'be pressed, and the cross-examination then stopped.] Re-examined by Mr. GURNEY.—I was about two Insure absent from home• on the Sunday evening. After the murder I did not accuse Hunt and myself of a previous knowledge of the murder, while we were in custody. By the Court.—Q You have been asked what answer you made to Mrs. Probert when she questioned you ; and you said you had been netting. 'What led to that answer ?—A. When 1 went up stairs, she flew into a passion, and almost cried ; she said, " What have you been about, you three ? you have been burning papers and counting money, and dragging a substance across the garden," —to which I answered we had been netting. Q. Did you observe the bed-room windows were open.— A. No. [The witness was then conducted out of Court through the dock.] Mr. Justice PARK here called the officer of the Court, and said he had felt it his duty in the morning to commit a man who had disturbed the proceedings of the Court, and he should do so again on the repetition of such an offence. But he did not wish to exercise the necessary power he had in this respect with any severity ; he ordered that the man in question should now be discharged. Mrs. Probert sworn and examined. —I remember the night of the 24th October, when John Thurtell and Hunt came to my husband's cottage. I remember hearing the sound of a gig passing the cottage about eight o'clock. About an hour after wards there wa s a ring at the bell ; no one came in immediately after that ring. It was more than half-past nine or ten when my husband came home. At ten I came down stairs, and found John Thurtell, Mr. Probert, and a stranger in the parlour. The stranger was introduced to me by the name of Hunt. Mr. John Thurtell produced a watch and chain that night; it was a gold watch and such a chain as this (one was here put i nto h er hands) ; he offered to give it to me, but I re fused for some time, but afterwards put it on my neck. I re member giiing up the box and chain to the constable, before the Magistrates, afterwards. John Thurtell and Hunt sat up that night. When Miss Noyes and I went up stairs that night we left John Thurtell, Hunt, and Probert in the room I did not go to b e d di rect l y but went on t h e stairs to listen ; i overheard whisperin g , at first I thought they were trying on 'clothes, and heard one say, " I think that will fit yo u very well," but all in a whisper; I also heard a rustling noise like papers on a table, and also like papers thrown in the fire. I afterwards went to my room ; out of doors. I saw two Gentle men go from the parlour to the stable that night; they took a light and led a horse out of the stable ; after that I heard some thing very heavy, dragged, as I thought, from the stable to the garden ; I heard it dragging for some time, and had a view when they dragged it out on the walk ; it appeared very large, and was in a sack. The whispering which 1 heard, and the burning of papers in the room, was after what I had heard in the garden. Two men dragged the sack ; afterwards I heard it noise like that of a heap of stones thrown in a pit, it was a hollow sound. I heard Hunt say, " let us take a 01. note each," and a voice said, " we must say to the boy in the morning, there was a hare thrown upon the cushion—some one made us a present of a hare as we came along." I also heard a voice say, " we had better be off by four or five in the morning ;" and then I heard John Thurtell say, " we had better not go before eight or nine." I heard some one say—l think it was John. Thurtell—" Holding shall be the next." Hunt said, Has Holdi ng any money ?" Jo h n Thurtell said--" It is not h e o _a_ey, but revenge I want ; it is Holding has ruined my friend tneantnd destroyed his peace of mind for ever." I thought he nlr. Probert. I cannot answer whether Holding had nearl a j e in my husband's bankruptcy. It was past one, or R y /... ar0, when my husband came up to bed. die v u " any c onversation which passed between you and him, froni °th cornin , anieate to him any thing which you saw or heard e winclow or stairs ? The suestion wit l i e ! s shewing great reluctance to answer this or any 'eh seemed to bear upon. her husband's conduct in th e tran saction, was informed by Mr. Gurney that it was not ehriistnintention to ask her any 9uestion which could in any way Gentle to her husband. "'s our husband," said the Learned ~, :man, "has this morning been acquitted." n this intimation, which it appears had not sooner reached f_f e tProbert, she broke out into exclaMations, and was for e"enihedune overcome by her feelings. The Court evinced much eration and tenderness for her, and stayed further pro eeenli a we , n g until she was composed. She then said she would an- Sund a questions. I had some conversation with him. On and H av ,: t e had company. On Monday night John Thurtell Cross- came about nine; they supped, and went away. husband dewxamined by Mr. PLATT. —I did not know that my evidence b as to be acquitted of this charge if' he went and gave collect efore the Grand Jury. I was not told so that I re. There are two garden gates to our cottage, and e passing lower down on the left hand side there is s,tnablstable yard door. In passing from the lane through the yard to the garden there are two gates to pass. At the las t gate there is a high fence, which prevents any part ‘ u ,r_ , tl , stable door from being seen from the bed-room win .and when the horse was out in the yard it might be seen, cVia I think 1 have seen the door-way of the stable. It was a oteaMoonlight night; there was but one sitting room in the asd, ; the two persons I saw in the garden were my h us b an d dist' e L_mt--that was th e s h ort man . I cou ld not h ear very ' what passed in a w hi sper. Th ere was a groat d ea l ‘e an L whirs' a pering which I did not h ear ; b ut I spea k as near as I voices feoto what I heard. I t h oug h t I cou ld di st i ngush the n d e id red 39 lox,the persons I h ave ment i one d . M y h us b an d whis that I could not h ear him, nor can I say t h at he prengt,e . r. He ga ve me no money just before he was ap one sh oul d He did not tell me what I was to say in case any mentioned, cop e. I knew nothing about the Holding I have him in John Tileiuwrtaeallill' s y co h m ushand's acquaintance ; I never saw I and pany. It was about 12 o'clock that went up stairs Nolyes retired to bed. About a few minutes a ft er I I heard the hosaw the horse coming from the stable. Until the house. O ur mode from the stable I heard no one go out of a hole for them, and of preserving potatoes then was to make the pond •it is the n cover them over. I did not go near bottom o f co,uld ve b r e y seen sll shallow, o in w but I. cannot say whether the every part. I did not go out of the houie on Sunday or Monday. Immediately upon entering thegarden a portion of th e wa lk i s covere d over ; that part is dark garden, walk. I h ear d a dragging before it came to the Pond. and thenalk. I heard i t i n t hi s dark p art which leads to the Cross- examined by Mr. THESSIGER.—I did expect m husb an d home on night of the 24th October. not He had bee n ibgent since then Monday morning before that. He did not say n he introduced Hunt th at h e was the Gentleman of whom had of heard him speak. John Thurtell asked him to sing, and I a sked him also, and pressed him ; we had no cards that night; it was after supper, before the singing, that Thur. tell - gave me the chain ; I did not offer afterwards to return the chain ; there were cards on Sunday night ; I did not play at cards that night, but I am not positive whether my husband played, or was present at the time; I do not remember who played ; 1 did hear some one remonstrate at card-playing. Mr. Noyes came down on Sunday and remained till 'Monday!, but I did not mention to him what I had seen or heard; I did not show him the gold chain. Thomas Thurtell examined.—On the 24th Oct. I was at Tet sail's, in Conduit-street. I remember Hunt went away and came again on that day. He brought a sick, I rather think, and a gig. When he brought the sack he said nothing that I recollect. The horse in the gig was, I think, a grey horse. I rather think my brother went away in that gig. Hunt and Probert afterwards went away in Probert's gig ; I cannot re member exactly what Hunt said to Probert ; I saw some large pistols there; I asked one of them what they were going to do with them, and I think I heard Hunt say to Probert, " Will, will you be in it." The next day, Saturday, I saw Hunt at Tetsall's ; he offered to lend me .201. if I wanted ; I expressed my surprise to see him with so much money. He said they had been netting game. The witness was here admonished by the Judge, not to tam per with his oath and his conscience. He was aware of the painful situation in which he was placed ; but he had a duty to perform to God and to his country, and if he did not take care he should read his own depositions against him. Examination resumed.— Hunt said something about "We Turpin lads." Hunt said he had been killing game, and Probert held the bag. The word " murder" was used by Hunt in joke ; he said he had been committing murder or something of that sort. He said, "we have been committing murder, to be sure." I went down to Probert's cottage on Sunday. I walked as far as Maida-hill, when Hunt and my brother took me up ; I observed a spade in the gig which Hunt asked me to throw over the, garden , wall; I said he had better take it farther; he answered, "No, I know what lam about;" he said he did not wish Probert's wife to know about it. Cross-examined by Mr. THESSIGER—I was at Probert's cottage on Sunday night, and remember cards being introduced. Thomas Noyes examined by -Mr. BOLLAND—On the 24th October I was at the Coach and Horses, and saw there John Thurtell, Hunt, and Probert ; Thurtell went away in a gig, drawn by an iron grey horse ; Hunt and Probert also went away in Probert's gig; I saw them next on Saturday morning at Tetsall's ; I saw John Thurtell; I went to Probert's cottage on Sunday ; Thurtell took me up in a gig. On Sunday night I remember cards were introduced. John Thurtell, Thomas, and myself played, but we did not play the game out. I can't re member whether Probert came in during that time. Hunt and John sat up that night; I went away next morning, but the others had left before me. John Thurtell threw his cards up, saying he could not play with such cards which were not sorts. Miss Ann Noyes was now called in, and after being al lowed a short time to compose her spirits, was sworn and examined. On the 24th October I was at my sister's cottage; I heard the noise of a gig passing about eight o'clock : I also heard the bell ring about that time. Some time after John Thurtell en , tered and Hunt and Probert; Hunt had a black coat on. [ln consequence of a noise from the street here interrupting the Court, the Judge assured the officer, whose business it was to keep order out of doors, that the next interruption he would visit with a fine of 501. on i him.] Examination resumed.—Mr. Probert had a white hat, but I did not see any that night. They all went out, having proposed to go to Mr. Nicholl's to shoot, and were away three quarters Bert's that neck. of an hour. I remem b er a go ld wa tch which Thurtell shewed evening, and a watch chain, which lie put round Mrs. Pro_ —[A chain was here shewn to witness, which she recognised to be the one in question.]—l did not breakfast with then: the next morning. I rerriember their going out. On Sunday Hunt and Thurtell came down. Hunt had on a black coat and waistcoat and a white cravat. Mr. John Thurtell ob_ served, " How smart Mr. Hunt is dressed this morning." heard Thurtell say Probert would not do for a Turpin - lad.— Mr. Probert was out a part of that rnorning•—[-k Penknife was here handed to witness, which she identified as one she had seen in John Thurtell's possession. Cross-examined by . Mr. ANDREWS.—I did not go down to breakfast because I was poorly on Saturday morning. Mr. Probert had a black hat and a white hat—the white hat was in the. hall. This hall leads from the parlour to the kitchen. The kitchen joins the parlour by one door, but there is a passage.— I did not hear Probert get up on Saturday morning ; he was out all the morning. I saw him come in, but did not observe what hat he had on. Thurtell did not • sleep always on the sofa ;he did sleep there all night. He was there for nearly a week, and then he slept in the little room over the parlour ; he slept alone. Woodroffe made the bed. Cross-examined by Mr. TUEssiGEß.—After supper, Pro. bert said, Hunt could sing a good song, upon which he sang. Thomas Tetsall examined by Mr. BoLt...a.xn.—l keep the Coach and Horses, in Conduit-street. The two 'l'hurtells and. Hunt o:equented my house. On the 24th October, these persons were there, and Probert. Thurtell asked me to lead Hunt Si. Cross-examined by Mr. THESSIGETt.—The Thurtells and Hunt were introduced to me by Probert. They frequented my house from the 21st of October. Re-examined by. Mr. BOL LAND—Hunt wore very large whiskers on the 24th, which I observed he had cut off on the Monday folloWing 'on that day John ThUrtell was differently dressed from any thing I had seen before. Hunt was well dressed. On Sunday they went away in a gig, in which I per ceived a shovel. Hunt was generally shabbily dressed. William Rixwerthy was again called in, and examined by Mr. BOLLAND—I have known Mr. William Weare fifteen years ; he was a man of considerable property, and carried his money to a large amount about his person ; I have seen him put his hand into the inside of his shirt, and take out large sums ; I believe he was acquainted with John Thurtell and Hunt. 0 Thursday preceding the ,murder, I saw John Thurtell and Weare together in my house. On the 24th I saw Mr. Weare : he called on me at •No. 6, Spring-gardens, between one and two ; I did not see him after that. Cross-examined by Mr. ANDREWS.—My rooms are much frequented • I often.see the same faces; I saw Mr. Weare's body after he was murdered; I did not see it disenterred.—[ The penknife before spoken of, was here handed to witness, and he identified it as one he had seen in the possession of Weare on the morning of the 24th of October.l Cross examined by .Mr. ANDREWS.-1 know the knife by a mark on it, and because it is a remarkable knife, and much worn. a yellow gig. He brought them back in the middle of the next day.. On Monday when he returned them, he said he should want - a - horse at half-past three; he had the roan horse' and a gig at about half past three. I examined the gig he re turned; it was dirty, and so was the horse; there was a little blood at the bottom of the gig ; the horse was distressed ; the whip was almost cut out. By Air. PLATT.—Did not see any one but Hunt. Benjamin Coxwell examined by 3I r. Bo LLAND.--I am shop man to Mr. Ball, pawnbroker, Of High-street, Marylebone; I sold a pair of pistols like those now produced, with a key and a mould, to two men, strangers to me ; one was tall and the other short ; it w a s on the 24th Oct. ; 1 received I?. MS. for them ; I should not know the persOna of the men. • John Butler examined by Mr. BRODERICK.—I am ostler at the Bald-faced Stag, Edgware; I remember the 24th Oct. last, a Friday ; I saw Mr. Prober between six and seven at the Inn ' • he was alone in a chaise drawn by a bay horse. Wm. Clarke, examined by Mr. BoLLAND.-1 was landlord of the White Lien, Edgeware ; I knew John Thurtell ; I saw him on the 24th October, about 7 o'clock, near the nine-mile stone ; he was in a gig, another was with hiin ; it was a white faced horse ; I was then going to King's Langley ; I returned home, and there saw Probert and Hunt in a gig; they had some brandy and water; we talked about the Thurtells ; Hunt had large whiskers; I saw Thurtell on the Sunday afterwards near Edgeware, walking with Mr. Noyes; I observed to Thur tell, he looked poorly ; I did not see hint afterwards until he was in custody. By Mr. A NDREWS.—It was not quite dark when I saw Mr. Thurtell ; there was a lamp in the gig; I was passing one way and he on the other; and all that passed was his calling out, "'lra, hip!" to caution me in the dark, he being on the wrong side of the road. I think Probert and Hunt were in my house a quarter of an hour. By Mr. THESSIGER.—Probfrt was impatient to be gone, and not Hunt. David White, a boy, examined by Mr. Bnot)Enrcx.—l re collect Mr. Probert calling, on my father, who is a cornchand- ler at Edgeware, 'on' the 274th Oettiber last; it was in the even ing; he was in his chaise with - another person ; he staid about ten minutes, having purchased some beans. • By Mr. A NDREws.-- - -He was in no hurry to get away. Stephen Probate examined' by Mr. Broderick.—l keep the White Lion at Charing-cross Hunt borrowed a horse of me on the 24th and 25th October, and on the Sunday following he had a bay horse. I saw Hunt on the Saturday evening; lie said he wanted the horse the next day to go to 'Dartford. He produced money ; a Mr. Reece was there at the time. He pulled out a pistol somethinglike the one now produced, and said something which I understood to be an intimation that it would do Mr. Reece's business well. • This was said to me. By 111 r. NDREWS.--1 do not know that any thing certain was meant by the observation about Mr. Reece. It was o:a the 25th of October I saw Hunt, en a Saturday ; I cannot be mistaken as to the day. 'The - horse is in the town here. It could not he a difficult matter for a person who understood horses to distinguish the horse by his white face. Robert Field examined by Sir. BO know Pro bert ; he called at my house in his chaise with another person, whom I know now to be Hunt, on the 24th of Oct. They had five glasses of brandy and water ; Probert asked his friend to sing, he said he could not. They stopped half an hour. Pro bert's was a brown horse. 111 - y house is a few hundred yards from Elstree. I saw the singing man on Monday with John Thurtell, about hale. past five in the evening. They called at my house and'smoked their pipes. - I saw Hunt the next day, about a quarter past eight in the evening ; he came from Lon don. I gave the constable a sack and shirt which were in my possession, given me by hiM; I gave • him the same that he gave me. By Mr. PLATT.—I am certain as to the time. Coaches pass my house frequently. Richard Bingham examined by Mr. BRODERICK, in • the presence of Mary Molony.—l am ostler at the White Lion, Edgware. -1 recollect two g entlemen calling there in a gig on the 24th October. One had whiskers down to his mouth, and a sallow complexion. The other had high cheek bones. Mary Alcilony . was now sworn, and said the description of the first person corresponded with the appearance of Mr. Weare. Bingham re-examined.—Said the taller of the two gentlemen had a white coat on. I should not- know the horse again. -A second gig came up in the course of the evening with two other gentlemen, whom I should not know again. Cross-examined by Mr. ANDnEws.--The first gig might have got on a mile or more, before the arrival of the second. • James Freeman examined by Mr. • BwonEntox.-4 am a labourer at a place near Mr. Probert's cottage. On Friday evening 24th of October I went out about eight o'clock to Gill's Hill-lane; there is a gate about 30 poles from Probert's; I saw two Gentlemen in a gig; I heard the gig before I saw it ; it must have come by Probert's cottage very rapidly; one of the Gentlemen got out; I spoke to one of them ; I saw the horse had a white face; it is the horse I have seen here ; the moon was not up ; it was a starlight night; it was between eight and . nine.; I should not know either of them ; one had a long white coat ; I went out to meet my wifeanci see her home. •• Cross-examined by Sir. PL AT T.-1 t was not a yellow gig,, and I have never said it was. The knife was then shewn to the Jury and closely examined by them. In answer to Mr. Justice PARK, he said he had seen the body of Weare when'taken out Of the Water ; the legs were then naked. Here the Learned Judge was obliged to retire, apparently in a state of exhaustion: - He was supported out by the Nobility a nd Gentry w h o were round the Bench : he returned in a few minutes, and Philip Smith was called and examined by Mr. BRODEItICK. was at Mr. Nicholls's on the 24th of October with my wife and child; we returned a little before eight, I on foot, and my wife and child in a little chaise I heard the.report of a min and gr oans ; I wa s not eading m y . donkey chaise, 1 was walking b e hind it. Richard Addis examined by Mr. BOLLAND.—Lived with 31r. Probert in October last ; he looked after his horse and gig ; he had the horse and bay horse—a good One.gig about two months ;• it was a brown On the 24th of October, he heard the noise of wheels near Probert's house ; he thought it was going t o wards Radlett, and ping fast. About nine o'clock there. was a ring at the bell.; WitnesS• answered . it ; he found John. Thurtell at the gate ; he told witness to take the horse, and keep in ; he noticed the horse and had seen it since in London ; it was a kind of iron-grey ; the . horse seemed to come from Bat- Thuitell told the witness to take the horse and keep in, as he was going to look for Mr. Probert. Thurtell:returned alone, and did not then give him any directions. When the gig returned it Was very heavy indeed, and hesaiv a gun poking out on eachside between the leather ; saw nothing else that night. On the Saturday morning he lifted up a bag—a carpet bag and a box ; the box was in the parlour. Thought the box now in Court was the box. Probert or Thurtell told him to fetch it from the Parlour.:atid put it into the gig. On that night Thur tell w ore a li g ht great coat. Witness's master came home three quarters of an hour afterwards, as if coming from Ratlett. Hunt was in the gig, and Thurtell was behind him. Witness saw spots of blood on . Thurtell's great coat. _This was on the Mary Malony examined-4 was laundress to the late Mr. night' of which he had been speaking. He saw Thurtell Weare. ;h e liv e d a t N o . 2. Lyon's Inn. On Friday the 24th sponging his great coat. Ile was most confident that Thurtell October, 1 went into his room in the morning. Some of hi s Iced a s ponge, and was spon g ing the collar of his coat. This things were on his drawers ; he put them into his carpet bag. was a ft er w itness's master h a d c ome home about three guar (The hag was he re identified.)—There were five linen shirts. tars of an hour afterwards. Thurtell fetched the sponge, six pairs of stockings, a shooting jacket, and gaiters. A pair and asked if there were any water . Ile grahbled about in of laced-up boots and Wellingtons; he had a backgammon the water. He afterwards saw his master , Mr. Thurtell, board and men, which were put into the bag; he ;lined at one and Mr. Hunt. His master came to him at the stable door, o'clock that day ; I un d ers t oo d h e w a s going out of to wn , an d and as k e d hi m for th e lantern. Did not know whether this fetched a coach for him at nearly three o'clock. I got it from was before or after Thurtell had been sponging his coat. All the stand opposite the Spotted Dog. It drove up to St. Cl e . three then went out, and went as if going to Batter's Green. inenes Church and then up Holywell street; the carpet bag His ma s ter s a id he was going as far as Mr• Nicholls's. They and double-barrelled gun were put in ; Mr. Weave had a bufF went out a bo u t three quarters of an hour ; when they came waistcoat on and a new olive coat; he had a double cased gold home h e b ea rd his master tell Susan to put the pork chops on. watch and a chain, which I know. Witness staid in the kitchen a little while, and then went into [The watch and chain were here handed up, and identified the stable. John Thurtell and Hunt came there. Hunt was by witness; some shirts and collars and ozher articles of wearing outside, and Thurtell came in. Thurtell was sponging hat apparel were also identified as the property of Mr. \Veered coat. They went as if going into the house. Witness put Thomas Cave examined.—l ant driver of a hackney coach ; the horses up for the night, and then went into the kitchen; drove for Mr. Beckett three weeks ; during that time I took a saw Probert come out for a bottle of turn, witness believ_ gentleman up at Lyon's Inn ; he was the only one I took Up ed. He kept his rum in a place which he used as a sort of from that place during those three weeks ; a young woman cellar; Thurtell pulled out his watch, which had no chain; called me ; a carpet bag and gun were put in ' • this was in 0e- Probert said it was awkward to have a watch without a chain. tober, but Ido not remem b er t h e wee k, but have no doubt it Witness went to bed about twelve, and saw no more of them was the week in which th e m ur d er i n H er tf or d s hi re was coin - th a t ni g ht. Th e nex t morning ie rose at six, cleaned the mitted ; I drove him to Charing-cross, and thence to Maddox- horses and fetched up the cow, and having done this he went street, and then to Cumberland-street, New-road ; here he got to Thurtell and Hunt about eight o'clock ; Hunt was sponging out, anti after being away for a little, returned with a tall gen. John Thurtell's coat ; it seemed to him he was sponging it all tleman in a rough coat ; they carried away the things ; the over ; he cleaned their boots, which were very dirty ; they lamps were partially lighted. went away about ten o'clock. Witness's master seemed in Thomas Wilson .Broderick.—l am a horse patrol; I was on low spirits ;' was sent in the afternoon with a message to Ni duty on the night of the 24th October on the Edgware-road ; I cholls s ; witness having heard something front Harrington, do not know the prisoner, John Thurtell ; I met a gig about went down Gill's Hill-lane; he saw the ground stained with five miles and a half from Tyburn-turnpike ; the horse was a blood. On Monday morning witness went to London with Mr. roan grey, and they were driving furiously. The horse had a T. Thurtell; T. Thurtell was set down on the way; Hunt white face ; I have seen it since at Mr. Probates stables, where took witness to Tetsall's ; witness had nothing at all to do in I pointed it out. London. Cross-examined by Mr. ANDREWS—It was light enough for Cross-examined by Mr. ANDREWS.—Had often been up me to distinguish the horse. I never described to any one that Gill's Hill-lane ; it was very difficult to turn in Gill's Hill the horse was different from a roan grey ; the horse was driven lane, and where this could be done there was a heap of mud, up the road where you were afterwards, in order for me to in- and great danger of a gig being overturned.-1 The noise which spect ; I knew it was coming ; I never said that I had before prevailed during the remainder of this cross-examination pre taken it for a grey, but I now found it to be a roan. 'eluded us front collecting more than that it generally tended to James Shepherd.—l am ostler at Mr. Cross's livery stables, confirm what had been stated by other witnesses.] Whitcomb-street ; I know the prisoner Hunt ;he came to hire By the JUDGE.—Thurtell frequently came there, and was a gig at my master's stables on Friday, the 24th of October; generally provided with a bed. it was a dark green gig ; I saw the horse in it, and Hunt told Susan Woodruff," was then called in. me he was going to Dartford. The horse was a kind of roan The annoy:, now desired to know if the Jury wished to ad colour, but there w as nothin g rem ar k a bl e i n hi m ; h e had a journ for the night. He co u ld not by the law of th e l a nd dis white face. charge them, but if they desired to retire, they might be per- Stephen March, examined by Mr. BoLLAND.-1 am ,ostler mitted. to Mr. Probatt, the liveryman ; I know Hunt ; I recollect his The Foreman of the Jury, after consulting with his brother hiring a horse on a Friday ; it was the Friday on which, as I Jurymen, expressed a wish to go on. heard, the murder was committed ;it was a d a rk roan ;he The witness (Susan Woodruffe) was then examined by Mr. hired it to go to Dartford; he was to put it in a gig ; he brough Bwonsatticw.—Heard on the 24th of October, a gig passed her it back on S a t ur d ay . O n S un d a y h e b orrowe d a b ay h orse and master's cottage at half-past eight. She saw Th u rtell after- wards, who Came into the kitchen. She saw something on go. ing to stir the tire,which seemed to have been rolled up. Sup per was ordered, and afterwards - put las , heremasteri• Hunt, and Thurtell, were going out. After They came honte; they had supper. Thurtell and Hunt sat up that night; had not seen Thurtell there 'before. Rose next -morning at six o'clock, and met Hunt and Thurtell coming tip'the 'steps of the garden ; their boots and shoe. were very muddy. After ' wards she went to fetch some water. She went into the par lour, and saw Thurtell on the sofa ; itched her master's white hat on. She saw a bag in the parlour ; it was not like that now produced. • There were two bundles beside. - She 'oaw Hunt and Thurtell set off from the cottage ; they had then black hats on. On Monday morning witness went into the; chaise-house; she saw a bag hanging up which had been cut open and was very wet. ' - John Harrington examined by Mr. BOLLAND.—Was at work as a labourer with Richard Hunt in Gill's Hill-lane, at six o'clock in the morning on the lath of October. Be saw two Gentlemen come there, and identified Thartell as one of them, he described the other to be a short man. Thurtell-wore a white hat turned in on all sides. He then described the conversation which had passed between them nearly as it had been de scribed before the Coroner. He also described the finding of the knife and pistol. Richard Hunt having been called, The prisoner Thurtell then addressed the Jury. He re quested his. Lordship to speak . to. the Jury. He hoped they would consent to retire, as he felt much fatigued and required some repose. If the trial went on, as he could not come to his defence until the middle of the night, he did not feel competent to make it in a satisfactory manner, as he otherwise might do. 141 r. Justice PARK said, by the law of England he could not discharge the Jurors until the trial' had been brought to own elusion. - He had before spoken to them on the subject of ad journment, but they had preferred going ore; if such was their wish, they had a right to claim that it should go on. Thurtell said he was much fatigued, having been up from six o'clock in the morning; and he hoped his Lordship would press on the Jury the peculiar situation in which he stood. He then addressed himself to the .fury, and humbly hoped they would take his case into their consideration. The JUDGE said he tvas informed by the Gentlemen for the Crown, that they had but little more to ofl'er. Thurtell replied to this, that the defence of Mr. Hunt and himself would occupy the Court two or three hours. • The JUDGE said, at all events it would be desirable to go through with the case for the prosecution. He had reasons for this. If then the prisoner should find that he could not conve niently go on, his Lordship would take upon himself to adjourn the Court. Richard Hunt examined by Mr. BrlonEßlcx.—Was at work in Gill's-hill-lane on the morning after the murder. He corroborated the testimony of the last witness. William Wooler examined by Mr. BOLLAND.—Spoke to having seen Thurtell and another in the lane, early in the morning of the 25th, as described by other witnesses. Charles Nicholls examined by Mr. BRODERICK.—Knew Probert ; Proliert did not call on him on the night of the mur der. He described the state in which the knife and pistol were found. Cross-examined by Mr. ANDnEws.—Was at home all the evening of the 24th ; was quite sure of that. John Pitcock examined by Mr. BR ODEItICK.—Was at the Artichoke at Elstree when the body of Mr. Weare was found. He did not see it taken out of the pond. Hs saw it taken out of the sack. When the sack was removed from the head he saw a red shawl handkerchief (which was here produced) about the head. The body had no clothes on. •It was naked. John Fleet examined by Mr. BitonE ItlCK.—Was assistant to Mr. Johnson, the Messenger of Bankrupts ; h e w a s, on the 24th Oct ., at the house (the Cock) in th e H a y mar k e t ; Thur tell went there in a gig; Hunt brought a note from Thurtell, which had been destroyed ; the. purport of the note was to de sire witness to deliver a red shawl and handkerchief, which was in his room, to the bearer. Caroline Williams examined by JTr. BoLLAND.—Was sem.- ant at the Cock in the Haymarket ; Thomas Thurtell kept the house; she had seen a shawl there which was like that now produced. Lucy Slater, another servant at the Cock, spoke to Thurtell's living there, and had seen a shawl like that now in Court in his possession. . JohnPiarshall, examined by Mr. BnonEnrcx.--Ts a gun ma the gun now i n C our t w ithin the last twelve s then the property of M r . Weare. l: e r ; months he ltad ; repaired it J. Blakesley, examined by Mr. BOJ.LAND.—Lodged in Oct. last at 19, King-street, Golden-square ; Hunt and his wife lived there; he saw him come home in a gig on the 25th Oct. bringing with! him a gun in a dark case ; he also brought a carpet bag, out of which he took a dressing-case, two coats, and other articles. John Upsom examined by Mr. BRODERICK. Had taken the prisoners from London to Watford. Thurtell told witness, who had made him no promises, held out no threats to him, he gav e. that he had throw n away a watch abbot a mile and a • half be fore he came to 'Watford. He had thrown it away where there .‘w,i-e_crietrnesessms. had P ad : . n l ii askedfin e d g S, by over which he had sent it among the grass. him where the watch was, and this' was the account e. Mr. TWESSIGER.—Before this, Hunt had given an order for the delivery of the things at his lodgings. J a mes Foster examined by Mr: BRODERICK.—Was a constable. Re described a conversation with Thurtell, who ha d s aid that If unt.was a rascal, for nosing him iu the way that he had, done. He would not have served Hunt so. He s a id he ha'-' O nly been offered 25/:Tor the watch, though it was worth 601. Thomas Thurtell was again called, but did not appear. he Judge said, the Jury had relieved bins very much by go i ng through so much of the investigation. He thought it would be most satisfactory to themselvi;s to reflect, that every opp ortunity had been afforded. for the fullest inquiry, and he w ould therefore now adjourn the Court His Lordship then directed two Bailiffs to stand forth to be s worn in the form he should prescribe. Two officers came forward and were sworn to keep the Jury i n some proper and convenient place till the next sitting of the Court; and not suffer them to be spoken to by others, nor s peak to them themselves touching the matter in issue. His Lordship then, in consideration of the very fatiguing day they had gone through, adjourned the Court to nine o'clock to-morrow (this morning). M a quarter past ten, the prisoners were conveyed back to gaol in a post-chaise. The derrieanour of the Prisoners betrayed but little sense of the situation they were in. Hunt evinced the least firmness ; but Thurtell hardly spewed than he' felt as though he were en gaged in any thing beyond an ordinary every day business.— He made frequent applications to his snuff-box, occasionally refreshing himself with oranges. As the trial proceeded, Thurtell sat nearly in the centre of the front. of the box alMost touching Hunt; on the right hand of the latter Mr. Wilson, junior, was seated. Mr. Wilson the elder s a t to th e left of. Thurtell. Hunt was pale ; he was at tentive to the proceedings. Thurtell frequently took notes of what was passing, and sometimes when facts were stated a smile of contemptuous surprise played on his cheek for a mo ment. He frequently leaned over the front of the dock to con verse with some of the Gentlemen who assisted him profes sionally-. The sleeves of his coat were turned up at the ends, that he might write with greater freedom.. After the decision of the Learned Judge there was a strong expression of disap pointment and horror in the countenance of Hunt. COURSE. OF EXcHAINLiE, January is. . :kinglet,.lain Ditto, at Sight . 12 0 ' Hinterdaiii 12 4 .rawer) l4 :i Hanilmrgli 97 S 24 Us 3.ltona Paris,3 Day'.. sight Ditto flonrdeakix, ditto Berlin .... .. 7 10 Frank fort rut tli e 11ain Petersburg!) . 9 Vienna lO Id Trieste Madrid Cadiz [Whoa 35,3 Effective Barcelona Seville Gibraltar Leghorn Gel ..a ...... ....431-Venice, Ital. Liv 27 30 Malta .7.5 -Naples 351 PAlenuo Lisbon Oporto ltio Janeiro Bahia . 51 Dublin .... 91 Cork ( ft p.. 1 Cent. BULLION. l'ortoe,al (1011,i 0 Coin / .0 0 0 pet es Foreign (4014, ill liars S 17 • 6 New 1)001)1...ons New Dollars 0 4 9+ Silver 10 11ktes. Standard We are glad to perceive, by the Greenock newspaper, that the Cherokee sloop of war, concerning which some painful rumours were current, arrived in the Clyde from a cruise on Wednesday last. The Martial sloop of war, and Chichester Excise cutter, arrived from a cruise the preceding day.—( Cakdonian Mercury.) 'I <0;- 7 ,, t --- Aj i ly. ' " al r 4 .4 . / Alt g - ...014, SECOND EDIICION. SUN-OFFICE; IT -ALE...PAS - 1' SIX O'CLOCC VERDICT THURTELL, AND -HUNT. The Learned Judge having qortincte(l, the sum , ; ming up of the tvitience l the .turf- immqcljntely retired.—After deliberating for a thort time, they returned a verdict of GUILTY , against J. Thur• tell and Joseph Hunt. Some motions will be made in arrest of jag. ment. THE CASE OF CONNOLLY. The following case , ;•eerns to apply to a lat.': unfortunate occurrence : COOK'S CASE.-CRO. CAR. 537. Cook was indicted for the murder of Marshall. Upon his arraignment, pleading not guilty, 'it was that Marshall was a Bailiff to the Sheriff of and had several warrants upon several capias ad satisfaciend.; against the Said Cook and his father, directed unto him and other bailifly ; and that they by virtue thereof, entered into the said Cook's stable and out house, and hid 'themselves there all night .; and at eight of the clock next morning, came to Cook's dwelling-house, and called him to open his doors and suffer them to enter, because they had such warrants upon such writs, at the suit of su ch persons to arrest him, and willed him toobey them. But thesaid Cook commanded them to depart, telling them they should not enter; and thereupon they break a window, and afterwards came unto the door of the said house, and offered to force that open, and brake one of the hinges thereof. Whereupon the said Cook discharged his musquet at the said Marshall, and stroke him, of which stroke the day following he died. And whether upon all this mat ter, he be guilty of murder or of manslaughter, was the doubt. And it was now argued by Rolls, for Cook, that it was not murder ; for although a bailiff were slain,. yet it was by his own procurement, in doing an unlawful act, viz. in breaking the window and door, and attempting to enter'and serve process, which is not lawful for a personal duty, unless in the King's case : Sand fur thatpurpose, he cited Co. lib. 5. fole9l, Searnayne s case, 13 Edward IV. And after argument at the bar, all the- Justices seriatim delivered their opinions, that it wasnot murder but manslaughter only ; for although he killed a bailiff, yet he killed him not in duly executing process ; for it was not murder unless there be malititia prcecognita or malitia impli cita' as to murder one suddenly, or in resisting of an officer dur ing his office, by serving the process of the law, wherein he is• assisted cum potentate regis et legis. But here this bailiff was slain in doing an unlawfitl act, in seeking to break open the house to execute process for a subject, which he ought not to do by the law. And although he might have entered, if the door had been open, and arrested the party, and it had beeh authority u lawful ; yet h e oug ht not to b rea k open the house, for that is not warrant e d by ; and e s p ec i a ll y l y i ng t h ere i n t h e n i ght, and in the morni ng breaking th e w i n d ow and offtring to force orethe t i l n o a o y r, which, enterwho is h n a o t t h s o t i o f I t 'e r e a n b y l e s ; feohr ndercolour l tol andt thereof very one is to defend his own house. Yet they all held it was manslaughter ; for lie might have resisted him without killint him; and when he saw him and shot voluntarily at him, it was manslaughter. LAW INTELLIGENCE. COURT OF KING'S BENCH, J. a. MOUNCEY V. TIETZEN. This action was brought to recover a compensation in damag for a personal injury sustained by the plaintiff, and for the loss of his horse, occasioned by the negligence of the defendant's servants in driving his cart, so that it overturned the cart of the plaintiff. The plaintiff in this caseillas a milkman, who, at 3 o'clock in the morning of the 10th Sept. 1822, was driving his cart with cans, down the 111ile-end-road, to obtain milk as usual, for the supply of his customers. When he had passed the Lon don Hospital, he was met by the cart of the defendant, coming with fish to Billingsgate-market ; the vehicles came violently in contact; the plaintiff's horse was killed on the spot, and the plaintiff thrown out and his leg broken. He was carried o the London Hospital, where he remained fourteen weeks in a'state of great suffering, and will probably never entirely recover the free use of the fractured limb. Several. witnesses ascribed the accident to the violent driving of the defendant's servants, while others imputed it to the plaintiff's own misconduct. The Jury, after a few words from the Loan CHrEF Jos- T ICE, leaving the case entirely to them, found a verdict for the plaintiff—Damages 160/. MARSH V. HORN. The plaintiff', a silk merchant, at Bath, brought this against the proprietor of a coach, called the " Night Regula tor," to recover the value of a parcel, alleged to hare been lost or stolen out of the said coach, in consequence of the negligence of the defendant's servants. It appeared that Mr. Marsh had purchased silk of a manu facturer in Spital-fields, which on the 23d of January last was taken in two parcels to the Cross Keys, Wood -street, for con veyance to the plaintiff at Bath. When the coach reached Newbury, it appeared that one of the parcels had been stolen, and as the defendant would not be answerable, the present ac tion was brought. The defence was, that the parcel had not been paid for, as being above the value of 51., and consequently that the defend ant, acting upon a notice in his coach-office, was not liable. The Jury, in answer to questions left for their consideration by the Judge, said they were of opinion the defendant hal made himself liable for the loss, and that the risk was not more. than a common risk. They were then directed to find a verdict for the plaintiff. The verdict was accordingly given for the plaintiff. Damages 1341. 18s.—Costs, 40s. From the LONDON GAZETTE, Jan 6 Downing-street, Jan. 5. The King has been pleased to appoint Major-General Sir Benjamin D'Urban, K.C.B. to be Lieutenant-Governor of th e S e ttlement of Demerara and Essequibo. January 6. The King has been pleased to appoint Major-General Sir Hudson Lowe, K.C.B. to he Governor and Commander-i..- Chief of the Island of Antigua. Jan. 6. The King has been pleased to appoint Henry Bromley Bin rich, Esq., to be Lieutenant of his Majesty's Band of Pen sioners, in the room of William Henderson, Esq., resigned. BANKRUPTS. Wm. Hams, Sutton Valence, Kent, victualler, to surrender Jan. 10, 27, Feb. 17, at the Bankrupts' Court, Basinghall-stret. Solicitor, Mr. Taylor, Clement's. inn. Robert Dorrett, jun., Rochester, linen-draper, Jan. 10. 17, Feb. 17, at the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Jones, Size-lane. Joseph Bishop, Warwick, grocer, Jan. 15, 16, Feb. 17, at the Woolpack Inn, Warwick. Solicitor, Mr. Wortham, Castle street, Holborn. Wilcox, Bristol, waggon warehouse-keeper, Jan. 16, 17, Feb. 17, at-the Commercial Rooms, Bristol. Solicitors, Messrs. Williams and White, Lincoln's-inn. John Lyney, jun., Limehouse, sail-maker, Jan: 10, 17. Feb. 17, at the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Atcheson, Great Winchester-street. DIVIDENDS. Feb. 9, S. Feraday, B. Smith, and J. Fisher, Bilston, S:af fordshire, bankers—Feb. 3, J. Welsh, High Holborn, master mariner—Jan. 31, J. T. Thompson, Long-acre, coach-joiner— , Jan. 31, J. Stubbs, Castle-street, Leicester-square, jeweller— Jan. 30, J. Younge, and J. Deakin, Sheffield, button-manu facturers—Jan. 29, J. Ferguson, Liverpool, master-mariner.— Jan. 30, S. Gdeave, Warrington, shopkeeper—Jan. 30, J. Peet, Ashton in Mackerfield, Lancashire, hinge-ruanufacturer— Jan. 29, J. Niblock and R. S. Latham. Bath, woollen-drapers. CERTIFICATES, JAN. 27. E. Williams, Ipswich, jeweller—G. Green, York -street, Covent-garden, woollen-draper—S. N. Greenland, Frans- Sei. wood, Somersetshire, clothier—R. Smith, Piccadilly, fruitCrer —J. Ferguson, Liverpool, master-mariner—G. Oates, Sbef. field, merchant. ) ed. it.,, he tut ;¢ ,I