The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-07 00:00:00

ARY 7, 1824.

points in his cootie...—.
dieted by his admissions at mom . _ ...
in Mr. Itexworthy's affidavit. This was sums-- tr.__
bad not given the full and true disclosure that he
made him liable to the imputatim of a crime of a d
tion from that with which he now stood charged. Latiesad
Counsel in Conclusion, urged the delay that had *pea in mating
this apilication : it might have been made at the lent Amities.
Mr. 11E1810En, in support of his original application hoped
that the Judge would determine the present question on its own
merits, and not on any point of form. A postponement had taken
place last Assizes on grounds distinct from these on which the pre-
sent application was made. He had to acknowledge the advantages
which his client derived from that postponement; for as he had
been but a short time previoes to the Assizes entrusted with his
defence, he was not supplied with those means for his vim-
dication with which he was now furnished. And had
this trial been proceeded in at the last Anises, he should
have been taken by surpOse, and undertaken his client's case
in • state of very imperfect preparation. As to the delay which
had elapsed in making this application, if there were a well-founded
ground for urging it, the delay must have prejudiced Hunt alone, 1
and instead of invalidating, should only serve to strengthen his
original claim. As to the admission of the evidence of accompffem
not principals, as witnesses for the Crown, by Magistrates, then
were the cases of the King v. /odd, and anima late OffellaT6lollll
Essex, which sufficiently showed that such power had been ex-
ercised by them. He did not contend that the direct and peskiest
power of such admission was vested in Justices of the Peace i bat
unless some decided objection were stated at the trial, this,powsv
which was invariably exercised by them was avert le
all practical purposes for their evidence being received. The mew
bad been recognised by the Courts, and foe die lest two Wmitral
yeses there was not an instance of its having been gamma sr
withheld. The whole foupdeden of the peeve came rated en the
testimony of his client. It wen a fact that Mt eradiates was M.
cessary, mad in truth, the evidence be pm me that width
no charge of murder could be spade oat, The had
bens proceeded in—difficuldee bid trimslice IS /witi‘l6—tisa ems
4in utter darkness before his denthlekin tie and open elm
fission it was that the ragwort discoveries ifteeparstit
the most important facts connewed olth - !Mild olt be
arrived at, but through the median' den ' It leislit be,
admitted that n was a matter of Ilatllille IP calskirou2
one of murder, union the body olf the wthwal were
At the time of the inquest, the Comm Mk ime ow • ~
themigh soy satisfactory mural of infe*a elf.
hemmal 4 they bad a conibeed ides of ..,,, ~.
were utterly Immo of when the - • ~„,.. ,
light wee thrown upon the love
He would be bold to say that it won ' to
that the present peoweibigs were ins mill dal
Learned Counsel, be bed -at made thins' diSthieselph tam we
would
hoof be hew DM. Wee it justice to kis Alit, ark soy
eftwr bed iluidebed eplathteMoiti ha
sided Ude k.,... wile. Of •
vitimem—awe be bed so ' de alga ?aro'
Unlash:a= pawinette fekthrf all* ii"ltorall I
Re wadi select the feet if the Mildew the bit ,
es that which entitled his Watt te the aim tif secelo
to mercy promised ee Sim That alliillere lOW was 84'
ead to do meek et the diesisenre hew now err
thowagleweies bee sieilliod Wm imeMbody
ee me set alloerit as he the ansztt
was no now 'the dialog es act Mimics in bit
The bureellot wake wee, window be, Is making the coo-
Ulm obi* hid make relied se the menthe of imsthel mkt/
abbe bed hem amok to him bdee blegisamm 0 the arm
des Midi bed been mods se the Court en a former day, the
=by Pram es a witness, the Court had net been In-
ills: of a
newistion had previously been entered into ibe the
admission of Hunt's testimony. Had his Lordship been applied
dist sae a promise u he now stated had been modi to his diem,
be weal hove paused and asked, " Why is not die wits he
mode kept ? what objection is thin to the fulfilment lif the smear'
was wade to him tit wee not wed to dm awed each
• with
bad been given, mod the EIIiNSINI into
wi client had been mil -imildely kept ost of
view. As to the charge ihreaht diedemis had set hem
mole by Awn in the drat :instance, he was wady to oink that
IWps were sot stated in the first csalbeeka. elisidi be wee
Prom the hurry with With that diesiontre else Wire
kent the confoselen neural to bis et the time of nuking it, may
lbws wet hove seemed his meathedea. But be wee reedy se ell
these to awed any mismmineent be might have inadvertently
took or Is supply any new or wariel fact which may at drat have
=his memory. As to the comersalions alluded to it Ilex-
allideit, they did not wan to any material variations
with his wilindese. Bern might here used certain expression*,
hot they mold sew es be spoken the purposes of bravado, or mo-
bilo in a mewed of intoxication. They were net such as should
decry the writs of his client, or diamide him to the delay be
Dm Work in order that hemilt= Walden for the mien*
elm a the mercy. of the Crown The next
old* be sum dews' of referring me that ef winding hie Lied.
alp the on. of the meet important exit ef the admiMmation of
palate waaa-to satisfy the public inked.
III& Justice PAM( intemipted die Learned Counsel, and said,
with much animetitm.." I bear we saheb of public opinion. I have
• thaq le discharge zr el *tick
ellg Set duty 1 win hugedisc shiserby the
bezel public applause or the km sitfiP camio."
_ , Tomatoes' resumed—Tbe et vied k width he in*
wiled to submit the proposition he hi joie aide we. Is mime
the policy et arep4faith with kw the amis•
eity of the caw, be adm subs, The
hereafter might be injuriously to the Wow of *MUM
Telecom of die present application mighi;l7:67 witar
Wl:ethos, eiroderly divined, from widow
widow in pulite faith. Besides, bf will sot Wile
readyzimitah decision and preniptbutle i dude discretion woo
dim and ailed We meletisk ind tisk eendssuast
till'n arahrtri=7. Ile
lia
"wimps with a ow of tbe.lnvenaste he
alto the wisdom Of preserving public faith to wands, and of
desasying faith wompt them. Lie would await patiently and
ensionely for the deaths tithe Court towards a person standing as
his client was, as the verge ef the most awful fate that could Uhl
a human creature.

Mr. Justice ?MIL said, that the topics which had been addressed
to the Court with so much vehemence and propriety did not apply
to him. They might furnish excellent matter for an appeal for
mercy to the King, if upon the trial the prisoner were convicted ;
but they formed no subject for the consideration of this Court. As
to the delay in making this application to the Throne, he saw no
reason why such an application might not as well be made whilst
he was in custody as Whilst he was out of it. As to the case of
Mn Rodd, although free pardon was granted, nevertheless the
trial was proceeded is ; end be was not clear but that the applica-
tion fur delay in that case was made before plea pleaded. As to
the conduct of the Magistrates, he was disposed to believe that
they acted front the beat and most proper motives. He DODId not
say that they acted either incautiously ur indiscreetly : these was
no right or power vested in them to make such a pledge as it had
been said on one hand that they made, and which they on the other
disclaimed. That they did not conceive, themselves, they had such
a palter, was manifest from the !applications made at the Amazes
I and at the Old Bailey Sessions fee -the permission of the Judges to
admit the testimony of witnesses for the Crown. In the present
instance it did not appear that the Magistrates had such power as
had been attributed to them. As to the admissibility of Prober',
which had been referred to, It was paid that he did not know of the
negotiations Odd had been entered into with Hunt. It was craft
he bad no knowledge of that negociation from the newspapers t but
the depositions were before him, andifrom them he knew of them.
It was not his duty, however, to advert to them. An epplteetion
was made for the admissibility of one witness, and he acceded to
it, as war his constant practice when such applications were made
on the responsibility of the prosecuting party. No mention or re-
quest was made for the admission of Hunt's testimony, and he was
in no way called upon then to advert to that prisoner. The redo.
eiations stated to have been entered into with Ilunt appeared to be
an assurance given to him on the responsibility of a person named
Noel, of when be was wholly ignorant, and to whose to
the Court was not bound to attend. Ile concluded wit • repeti-
tion of what he had at first said, that what had hew stated that day

might be introduced in an appeal for mem to his 3lajc .4, but it
furnished no grounds to warrant him trimdwitig a second postpone-
ment of the trial.
Thurtell here requested that his Counsel and Solicitors mien be
accommodated with seats near each other.
Thurtell spoke in a dear and manly voice. Owing to some con-
fusion in Court, however, Mr. Justice Park did not hear him, and
311.Wilvon, the Gaoler, repeated the request.
Mr. Justice PARK, addressing Thurtell.—Certalnly, sir. I have
given orders Woes, that inch accommodation should be afforded
them. ,

The Jury were then sworn.
Mr. ANDREWS, on the part of Thurtell, objected to the follow-
ing names:—Wm. Hitehin, II ert font ; T. Gill, ditto ; E. Osborne,
ditto; J. Harding, and J. Boyd.
The foliating are the names of the Jury sworn :
T. Brown, Foresaw! G. Stubbs Foulding
J. Bucke 3. Howell J. Hopewell
Reginald .inning! Q. Bunking, Sam. Pritchard
R. -Prior 2. Chalkaly Wm. liempaton
The Jury having been swctn,
Mr. KwArr, the Clerk or the Arnsigne,read the Indictment, and
the finding under the Coroner's Inquisition. " The prisoners" (he
added) have pleaded Not Guilty ; it is roar charge, Gentlemen
of the Jury, to inquire whether they art so."
The following la a Dopy of the Intlienuent
" HEITTOLD•IIIIX TO Wit.--The Jurors of oar Lord the
. _

upon
of:thp"Twodhilida him the said William Wear*, then and there felo-
Momady, wilfully, and dr his malice aforethought, did strike, force,
and penetrate : and that the said John Thurtell, by truth inking,
dithedng, forcing and penetrating the pistol aforesaid, in, upon,
nod Into the left aide of the head of him, the said Willidm Wears
as aforesaid, then and there feloniously. and of his malice afore-
thought, did give unto hint, the said William Wear; an and upon
the left side of the bead of him the said William Wear; one mortal
fracture, of the depth of two inches, and of the width of one inch,
of whichskid mortal fracture the said William Wean did then and
there diet And so the Jurors, on their oaths aforesaid, do say,
that the said John Thurtell, him the said William Wears, in man.
ner and form aforesaid, feloniously, wilfully, and of his malice afore.
thought, did kill and murder, against the peace of our said Lord the
King, his Crown, and dignity ; and the Jurors aforesaid, upon their
Oath aforesaid, do further present that Joseph Hunt, late of the
parish of Aldenham, in the county of Hertford, aforesaid, not hav-
ing the fear of God before his eyes, but being moved and seduced
by the instigation of the Devil, before the felony and murder was
committed by the said John Thurtell, in manner and form afore-
said, that is to say, on the same day and in the year aforesaid, with
force and inns, at the perish of tit. George, lianover-square, in
the county of Hertford, aforesaid, him the said John Thome!! to
do and commit the felony and murder aforesaid, in manner and
Sinn aforesaid, maliciously, feloniously, voluntarily, and of his
malice aforethought, did stir up and move, abet, procure, com-
mand, hire, counsel, and direct, against the peace of our said Lord
thtng, his Crown and dignity.
" Szeorta Counv...—And the Jurors aforesaid, upon their
oaths aforeedi, do further present that the said John Thurtell,
heretofore, dist is to say, en the same dayand in the year Aforesaid
with three oil arms, in the parish of Aldenham, in the county of
}heated elliesesid, it and upon William Wears, in the peace
'of (led mod sus said Lad the King, sod there being, feloniously,
',Mill,, and of his sal* albeethought, did make an assault;
and that the mid Aim nurtell, with a certain pistol, of the
value of a shibill. which he the said John Thurtell held
is his right MA dim and there, to wit, at the pariah of Al.
the gip. of Hertford aforesaid, had end held
h
Eta et= nii Wein in, upon, and into the left sib If Ilk
head of the William M care, thoorti and ditedallielia,
the
wtsirwhohasd
eve county
malice of
did
st I:stli4C,ibled, :41r4 121:0: 1,he 4
idalihn TArtrerida
to..i
hoot
„no 0
massaiLLaatiaaferesaid, tenuag.
Red wilfully, and of his the Mna2c. afore-
thought, did Rive RRMIN the said Wdliam Wear; in and
sped the ktt ads of the bend of the said William Weeirt,que
el the depth 4 tire Indies.. end of the 14IMIIhr
{{add diet tie mid John Thmtell, with siTzza
the value of shwa" width the said Jobe
lbws, to 141, at INV of Aldmbans, in the asenty•
pfuresid, hi his' t hand had and held, the mid
i _ours is sod um left side of the neck of hinny
. lilt WIN. w thdi mad there, to wit, at the perish'
killetellied aforesaid, felt', 1,0,
e•••'.1 did strike, wound, emit
Thurtell, b such stri
aid WM%
_aid partfating the said Wake,
the lett side of the peek of him the said *Miami
delli, . . apt there, to wit, at the said parish of Aldenham, in
at Ilietbd aforesaid, feloniously, wilfully, and of hit
alas did itre unto him the said William Wean,
it NW Mien the Mt elk of the neck of him the paid wimmi
Venn, we mortal wiled of the depth of owe fded. if _ the
width 4or hei i 4 silo length of two mbar,4 AIM
said Itettelitneters, and of which said mortal 14
the add etre, did this sad there, to wit, at the
I 3
Irup
' • . * - d aah*ldati„td, do' sadtye, thtlir
Jag die William Ware, in manner and
is I, 7, and of his malice ef
r Ind le wit. * pariah of Akienham, in the
kill mid atetier, pint the peace of
illialiMy. Andt
slut the
.
Illetyandmurder wu
Ell she Theft* la the NORM and form last
ie te try, es the isms day sari hs the year aforesaid, kithli!OTOe .
:12 et
the
Pelee sliattll:. 1111(1.1'1f°'erish (I,lB;i7re-lh2refa ,oin
,e Cinmatitie
:11‘14Matiwiti sty
and him is
esttrde
last slvaidn
in hurte
manllnertoant
Ash
. esfe,...audised
sli,r feloniously,
up, voilinL.and d.
u"coiunir2 direct against the piece of our said Lord
Ids (4end dignity."
UK VINE! before he proceeded to state the case against
the pelleters T 'Mid Runt, it was his duty to say that be
MA kis Into* to vitt:lice against Probert.
' Rt. Justice PARK that as the Counsel had foregone the
two of wallop rt, there being no evidence again*
csle was, in point of law, entitled to a verdict of " Not Cluiltr
um Corona's Inquisition.
4 Kx4rip then asked the Jury, whether William Probert woo
or oot guilty on the Coroner's Inquisition ?
Jury immediatelytetumed a verdict of Nut Guilty.
Peobert was then withdrawn from the her.
Thurtell fuel% made a communication to his solicitors, which
by them was mentioned to the Judge,
Mr. Justice Pelle said he was desired by the prisoners to order
the witnesses fOr the prosecution out of Court. lie therefore di-
rected them to withdraw, but to remain within the reach of the
tams, that they might attend promptly when called.
Mr. (Juarez!—Let the witnesses on all fides retire from the
Court.

-----
The witnesses widfdrow accordingly.
Mr. Bioutaigi this opened the pleadings.
Mt. 01.111 INT sext proceeded to state the ease for the
don ; boc for some time the confusion both within and without the
was so great, dila we could not hem the Reamed CounseL
Mr. Justice Pain complained that it was imposaible to proceed
amid such continued intefruptions from without, and such noisy
inauention within.

Silence having been partially obtained,
Mr. Guaxer resumed his address to the Jury. We under-
stood him to say, that at length the Jury was impeached to try
the prisoners after a delay granted at their instance, to avoid the
prejudicial effects that might have resulted from the great excita-
tion then existing In the public mind, but which now happily had
in • grog measure mad The delay that had been granted would
therefore conduce to the more satisfactory administration ofjustice.
During the time that had elapsed, he misted all feelings of preju-
dice against the pristine, had decayed, and that the Jury were now
assembled under suet circumstances as would enable them to ad-
minister justice to the perfect satisfaction of the couritry. It was
important that criminals should be punished, in order that crime
might be repressed. There was only one thing more important,
and that was, that punishment should fall only upon the guilty ;
and it was the diodaguishing characteristic of English law, that it
was careful to avoid -retry thing that could unduly tend to preju-
dice the case of an accused person ; for indeed it was felt that it
would be of little importance to any men that he was an inhabitant
of this country, if How anv defect in the safeguards of the consti-
tution be was liable to suffer unjustly: The laws of England had,
therefore, as a protection of Inman life, established a wise institu:
lion, called the Coroner's Inquest, which indeed was the country
making Inquiry respecting the delth of an individual. There were
also inquiries before the Magistrates, before the °rand Jury, and,
lastly, before such • Jury as he had then the honour of addressing,
who were sworn to bear the evidence on both sides, end finally pro-1
flounce on the guilt br innocence of the parties accused. On that
evidence, and on that alone, he wished them that day to give their
verdict. They had, perhaps, heard much before they had entered
the jury-box, and much that was erroneous in all probability.
lie trusted they would forget it all, and come to the consideration
of the question before them with pure and dispassionate judg-
ments. The crime with which the prisoners stood charged was
undoubtedly of the most heinous nature, and attended with no
common circumstances of aggravation. It was imputed to one
of them that he had committed the murder, and to the ether,

111;;;13114UIiill to be brought under the consideration of King upon their oath present, that John Thurtell, lam of the pa.
Ind the objection that would lie fo the reading of all the fish of Aldenhip, in t4i~e county of Hertford, labourer, not hay.
iil, he avoided. ing the fear of God before his eyea, bbt being moved and se-
iner usid, that the afildavflpek the Magistrates fully dueed by the instigetiss of the Devil, on the 24th 4y of (k-
-id refuted the farts ofidunt'il deposition. As • farther tobse, in the of our Lord, MA "
with fetes and arm, at
ten If
le tlehl=saintelae !In nginia/I"‘eerivlNlVlStisaliffti ewe IZ
is Iglngel"-wao
'armory before the fact ; whereas his confonias colt soar laid Lad' Zing, then and there being tillaterody, 'Hi-
m ammuiry after the murder. There were also many folly, and or ya stalk* aforethought, did mate as amid; and
tie coofession which were stated differently and contra- that the said elen Theetell, with a certain pistol of the value
is admissions at other times. These Were to be found of 10a which he the maid John linirtell in his right band then
worthy's affidavit. This was sufficient to show quit he and there held, then maid William Weare, in or upon the left side
. ..