The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-08 00:00:00

THURTELL'S DEFENCE.

Mr. Justice PAU IC then informal the prisoner Thurtell that if he
had anything to say in his defence, the period was arrived when he
must state it to the Jury.
Thome!! then rose, and baring bowed to his Lordship, he
turned towards the Jury, and addressed them, in a flint sod audi-
ble voice, to the followirg effect:—
May it please your Lordship—Gentlemen of the Jury—Under
greater difficulties than ever man before encountered, I now
rise to vindicate my character and defend my life. I have been
supported in this hour of trial by the knowledge that my ease was
beard before an enlightened tribunal, and that the excellent land-
Minton of my country have plead my fate in tho bands of timbre
own unbiassed by prejudice, 'and unread by power: rhos* ads.

represented by the press, which carries its benefits or curses on rapid
wings from one extremity of the country to the other, as a man of
depraved habits, more profligate and cruel than any heard of In
modern times. I have been held forth to the world as guilty of
a murder under circumstances of greater aggravation, and alto-
gether characterised by more cool and premeditated atrocity than
any recorded in the calendar. af crime. I have been represented
as ■ ruthless, remorseless, heartless, prayerless villain, who
seduced his friend Into a sequestered path to despatch him with
greater security. I have been repreeented as • monster who
crept into the besom of my friend only to destroy him. I have
been unhesitatingly declared guilty of • crime at which human
nature stands aghast, and represented, after having committed it,
as having washed away the remembrance of my guilt in the riot
of debauchery. You, Gentlemen ef the Jury, have read the de-
tails which have been daily, nay, hourly published, and it would
be requiring more than the common virtue of our nature to ex-
pect that you can entirely divest your minds of the feelings—l
will say the creditable feelings—which such relations are calcu-
lated to excite; but I am fully satisfied, that as far as possible
you will enter into the grave considerauoos that fall to your lot,
with minds unbiassed, and judgments uuprejudiced. The atrocious
calumnies circulated against me, rendered it necessary to hay
this trial delayed; but this day you hare assumed your sacred
office. In the first place, Gentlemen, I must remark that guilt,
such u mine is represented to have been, cannot have been the
effect of custom, but must have been the innate propensity of my
infant mind. It must have

" Grown with my growth, and strengthened with my strength."
But you will this day hear, from gentlemen whose characters are
unimpeached, and whose testimony is above suspicion, that the
time was when my bosom ovcrP.owed with the most kindly feelings,
and my only failings were those of improvident generosity and un.
suspecting friendship. Beware, gentlemen, of preconceived opi-
nions—brware of an anticipated verdict. Believe not that a few
short years could so have reversed the mune of nature, as to hays
converted the benevolence I possessed into what none but demons
tan resemble. No, Gentlemen, rather believe that the press has
of late become the propagator of innumerable slanders against me,
and that, deserting its duty, it has been more zealous in pandering
to the worst feelings of public prejudice, than in preserving that
high, dignified, and impartial character it used to sustain. I
was reared, Gentlemen, under the auspices of a kind
and, above all, a religious mother, who early directed my tender
accents to the praise of Him sho searches the hearts and guides
the understandings of you, Gindenien of the Jury, and the
Learned Judge who presides over us. My father is also remark.
able for his piety, and universally beloved for his kindness and
charity through all the sphere of his acquaintance. On leaving
my paternal home I entered the service of our late lilonarch, who
was emphatically termed " the father of his people." Foe some
years I bore a command, ar.d served under the colours of my count
try; and it is my pride, that I never disgraced the one or tarnished
the other.

" I have done the State some service."

It is my consolation that I have fought and bled for my country;
and can you believe, that be a ha feared not, amidst its open me-
tales, to raise his arm in its defence, could uplift the knife of the
assassin against his friend ? Oh ! Gentlemen, it is monstrous, hor-
rid, incredible ! Among other charges, I have been represented as
a sporting character—a gambler. To this accusation my heart
pleads guilty; at least I have been so, though it is nearly three
years since I was inside a gaming-house, or witnessed s fight, or
race, or any sporting exhibition ; neither have I won nor lost a sin-
gle shilling by gambling of any description. But if the charge were
true, I have yet to learn why I should be put out of the pale of society,
be e I have followed a practice of which half the Nobility set me
Imple, and some of the greatest statemen of the age have been
the apologists. (An attempt was made in the gallery to applaud
this passage of the prisoner's address, but it was immediately sup-
pressecl.)-111'hom have I ruined? whose family have I undone?
My own family hare suffered; I am myself the only victim. I
feel I am labouring under great difficulties, and such a mass of ca-
lumny as man had never before to bear; but, oh ! Gentlemen of the
Jury, I beseech you, by your regard to the sacred obligation you
have taken, beware of an anticipated verdict. It has been remarked
by one of the sages of antiquity. that no person becomes wicked
at once. I will lay before you the progcsts of my fife since I left

the army, and I hope, in so doing, I shill not tire your Lordship,
or you, lientlemen of the Jury, with unnecessary repetitions—(The
prisoner appeared coosiderably moved as he proceeded with his ad-
dress).—Oentlemes of the lury, you will.sygard my situation with
compassion. What Mosom can suppress a sigh, what eye can re-
fuse a tear, when you behold a wretched man before you, pursued
and oppressed as I have been, now upon my trial, charged with
as offence in *inch death must Mow on conviction. But though
the full heart may be relieved by indulging its sorrows, no pencil
can pourtray my feelings at this momentous period of my fate.
When you consider the megnitodt •of my stake, and the work-
ings of a mind ill at ease, I hope you will pity and forgive me.
The peace, which shed such a lobtte on the fortunes of the nation,
cast a shadow upon mine. I left the King's service, and entered
the commercial world with all those feelings of generous enthusiasm
which my military profession had sherished—feelings as general in
that society I had left, as they were %wife to the principles of that
into which I had entered. I considered every man& man of honour.
romen I treated my commercial friends as I had always treated my private
friends. The atesequenee was, that my mercantile transmit=
were race at the mercy of the former, as my purse had ever been
open to the necessities of the latter. Any forgone, however ample,
must sole have proved unequal tomes this double Claim. I became
&bankrupt. A solicitor, who was my eats lad meat familiar friend,
Demme a endear tome, mid pee* ever *she maks at my maths.
1 visa I had bum dam w enter thlipathe at sensate vale. 1
abetthi dm retained the ettealr my Meads; Ima Itiks4 is Nam
ail theist, I should berspilieerred my miltamptta. Vea

'Mow, Gentlemen of the Jary, issw ohm the ovaries of a a:editor
inducts him to run counter to Ms Tat, sod datroy the fair prospects
of an unfortunate debtor. Mr. Thomas Osborne Springfield was
my principal creditor. I had obtained thesiimetures of some of my
creditors, and the promises of the rest, to a petition for supersed-
ing the commission of bankruptcy; but whim I vainly Uttered
myself that my misfortunes had coma to a close, and my better
fortune was ripening, there.

" came a killing fleet."
My principal creditor demanded a hew of WI. for his cement, and
he was backed by the person who meted as his and my solicitor. I
spurned the dishonourable offer, and was cast upon the world—the
dupe of many, and despised by all. My brother, after his mini in
London, entered into the same line of trade, and he availed himself
of my information to manage his bushman. His warehouse was acci-
dentally destroyed by fire, as it was proved after a laborioue inves-
tigation by the decision of the Jury, under the direction of the
Learned Judge (Mr. Justice Park) who presided at the trial of the
action against the Fire-office. It has been since represented,
that it was no accident, and that I was concerned in removing
the property before the tire. I most unequivocally deny this
assertion, and I am sure it will most unequivocally be proved
to be false, when the charge of conspiracy shall be brought
before the regular tribunal. Conspiracy, indeed ! Where does the
conspiracy exist? Where, but in the ems of Barber Beaumont,
who suborned witnesses against us, and paid for fahe testi-
mony. His is the only conspiracy. He is the only criminal.
This pretended reformer of abases--this champion of liberty,
who had the audacity to hoist the standard of rebellion in front
of his Monarch's palace !--he has a bead just capable of NOM
ceiving crime, without a heart capable of feeling fir the eases.
quenees. The case, however, will coma before the Lod Chief
Justice, and I have no doubt it will be fairly tried, The mouth
of my feelings may have betrayed me into some impseasiess that
are inconsistent with, the decorum doe to this place, bat--
" The leek will quiver mhos the pincers tear;
The blood will follow when the knife is driest."
It has hem asserted by the public pram that I was the suers of
decoying Woods into Manchester-buildiseps. for the wpm, of,
I murdering him. It is stated that he said ha raw male the mow
of the house. It is happy for me that I cam poweehZ the Issillog7
*inspectable friends at Norwich, that I Tar time at the ram

as mem is!

Far the salts of an Sonoma fop*
inyilleare Sever, plepaidll I_
ject to be called before a jury of his empstaphiet teak lob * "We
of obloquy*** prejudice urea hhe, who he light di Mama at
their disposal. The press, whidsdrealb be the AnemPutilligli"
the redresser of wrong, which meld M have agebised to pregerriag
the parity of that noble imedentigem-the Mel by jury Pu"
I say, has published eteldesents wild* soda other
could only hen Irma elesdalud ee peaty the grimiest esedulitf•
The most &treeless dambes have been published, sad the vicious
appetite of the public preepgrador as excess happily Iselseeeebeeied-
What would ban Send OP IMAM any other man, has in my case
may tinged it with $ deeper dye. One would have thought that
the yeses I spent in them:vice of my gauntry would have entitled
me to owe claim ale the consideration of my fellow.anunrymen,
but is my case It seems the order of nature was reversed, and the
character of events changed because I was connected with them.
The act with which I am charged has cart its livid shadow over
days long put. livery deed of my life has been examined to send
me with more hopeless prospects before you this day. I have been
told, that when the battle is over, the yielding, wounded, and un-
offending, are spared, but no quarter is shown to me.
The prisoner's agitation bad been increasing for some time, as
he proceeded, and he was now obliged to suspend his address, in
consequence of his tests.]
Mr. Justice Pill advised him to sit down a moment, and MOM
himself.

Thurtell resumed.—lt is represented that my supplicating friend
fell in cold blood under my steel; it is said that after murdering
him I titled his corpse—nay more, that I boasted of it. Is there an
English officer, an English soldier, or an English man, whose heart
does not revolt at so dastardly and bus an art ? Far better wduld
it have been, me I had seen this day, bad I fallen in the field,
turning with patriot arm the tide of battle—far better, than that
my father and family should be plunged into mourning for my lose
with shame and ignominy. [He was again mach agitated, but in
a minute he proceeded-] Before I proceed to read over the notes
I have taken of the evidence gives, is consequence of the bumble
conspiracy against my life, I beg to return my sincere and heart-
felt thanks to the High Sheriff and Magistrates, for the attention
they have shewn me during my confinement. I beg also to ex-
press my regret that any miausdastanding should have occurred

between the Rev. Mr. Lloyd, the Visiting Magistrate, and my
Solicitors. I sincerely regret it happened, but I hope and must
the bonds of amity are now thrilled. The Rev. Mr. Franklin is
also entitled to my gratitude; he has inspired me with that awful
sense of religion, by which I am trebly armed, and have been
enabled to appear even before my enemies, with fortitude and
firmness this day. To Mr. Wilson, the Governor of the gaol,
though last not least, I tun also deeply obliged; he has behaved
to me in a fatherly manner; my memory must perish ere
I forget his goodness ; my heart will be cold when it
beats not for his family's prosperity and happiness. I have now a
few observations to read on the evidence ; I shall afterwards call
your attention more particularly to it, to show how far it is like
that adduced iu some cases I shall cite. I shall thew that it is full
of contradictions, and principally derived from the testimony of a
person who comes forward against toe to save his own life. Beeson,
the first witness says that there are several roads to Gill's-hill-lane,
so that the inference attempted to be drawn from my horse's head
being turned towards Beeler's-green, is without foundation. The
body was pointed out by Hunt. He was not ignorant how or where
it was placed ; he had placed it there himself; the witness also
said it could not have been put there by one person. What proof is
there that it was not put there the same night of the murder ? What
proof is there that it was e►er in Prubert's pond ? None but the
evidence of Probers himself. I shall now lay before you the proba-
bilities of the we. When I have passed through the evidence
you will see there is none particularly to the point of my guilt.
There was a pond, it appears, near the one in which the body was
found, much larger and apparently better adapted for its conceal-
ment than the shallow one in whkh it was-deposited. Who then
would have chosen the pond in which the body was actually placed,
but a person well acquainted with the country, and who would
therefore have known that the larger pond was often dry while the
smaller one was never ? An answer was elicited by the learned
Judge, by which it appeared there was a rope wrapped round the
sack. Both these were purchased by Hunt. I now come to the
evidence of Rezworthy. This witness, let it not be forgotten, is
by profession a gambler, and the supporter of gamblers. Ruthven

speaks of the dress in which he arrested met but what is there
surprising in the appearance of those clothe', when it is considered
that they were worn by Hunt for two deli? Hunt and Probert
put the pistol and the knife into the pocket: When f was talon,
there was no attempt to conceal myself. Berth the door mid the
drawers were unlocked. Was this the condtict d t tthirdaret,
anxious to deprive the pmsecutors of the means of convicting bins?
They found a shirt and cravat marked with blood. ?tubing
else was there of a suspicious nature. Those were what my
brother had pulled off. I never had than on. I forgot to I
' mention it to him when he was examined ; but he knows
well that I never wee white neckcloths. The officer kited
that there was another person la the mom with me. Was
it prudent, if I had been guilty of what is imputed to me, to have
suffered another person in my mom, who might have discovered and
disclosed my guilt? On his cross-examination by Hunt's Counsel,
this witness says nothing of any similar *pennon about Hunt. The
officer had to break open his house. Simmons produced a red skew]
handkerchief, which it was afterwards pawed was given to Hunt on
the evening of the murder. The sack was bought by Prebert and
Hunt on the same evening on their road to cottage. And
now I come to the evidence of the only man who ventured to con-
nect me with the murder. Who is he ? What is the nature of his
evidence ? Does it satisfactorily amount to a conviction of my
guilt ? This man, wording to his own amount, was a mindere',
• man of abandensed , who introduces ember, hot from
the &Imagism of es the fit sompanien of his wife !
Whom was oissiseedipipsnassd ► A grams its sibllsis his

cottage, and within an hour of hla lotroductin of the ISOrderer.
Where was the body thrown ? Into his own pond. Who took it
there ? Himself. He hod a family of eight person raiding in •
small cottage ; yet from his own 'hewing he allows me to take down
a friend, when he must have known he could afford no kind of ac-
conmodation for either of us. He now gives a true Recount of the
loan of ten pounds. Before the Coroner and the Magistrates he
gave a different account. Yet on such evidence alone, you are to
400111 me to an ignominious death. There is a great different* be-
tween the statements of Hunt and Prober' ; yet these men tan a
race to be admitted as approvers. They put their evidence up to
auction, In hope of finding a bridle (bidder), in proportion to the
length of their CORSCiSOCC. He professed to relate a conversation
between himself and me, in which be shews the proposal to have
been familiar to him. I told him, he says, that lam going to do
Ware, as be had robbed me of several hundred pounds. Could
I be so egregiously foolish as to make such a proposition
to • total stranger? Probers says that I told him Hunt
was to stop at a certain place on the road, to which,
by the by, ha was • stranger ; for it is admitted on all
hands that he sera was at the cottage before. Why, then,
was this statement made? Because it had been agreed between
Hunt and Prober' there to commit the murder. Look at his con.
fession before the Magistrates. They both admit that they were
to meet as a particular spot, Is it credible that Prober' would al-
low a stranger, as Hunt then WIN to him, to go down to his cottage
unless he had known him and his errand ; yet he admits he was
to hays advanced 90 shillings to take Hunt down, if he had not
taken him in his gig. They purchased the pork together, and
regaled themeless on the road. Is this not convincing that they
were going on a joint business ? I believe firmly that Prober'
and Hunt invited Wear* to mot them, and that there deign
was, that I should fall the victim of their guilt. They
had prepared themselvtu for their bloody business by the
quantity of broody and water they took on the road. Hunt
slob en the sofa at Gill's-hill. Probers had agreed to re.
olive us without baring any accommodation. Hs had no spare
bed for either of we, without depriving Miss Noyes of hers.
As to dm property spoken of by Prober', as taken out of the bag,
I *WU mho no obsavations, as the statement from him is entirely
eeneheent wish my innocence. Was it possible, aosidering the
awe end awful danger to Probst, who, as he staid , bad no pre-
view information on the subject, that I should not fall to swill a
OMR Oa mom Wee Wm Moe Vinous When t ffetiewr"

isilhim ofeny intention to murder Barber Beaumont and Weeds,
she Tatter of whom he sates was on the eve of marrying Probert's
sister. Is h likely I should intrust such a secret to Probert, et all
man living? Observe the difference between his evidence and his
wife's. He says he took the body through the larders gate, and
thence dragged it to the pond. Mrs. Probert says she saw it
taken to the stable, and from thence down the garden.
He says he took a lantern, while his wits state Oar it was
a fins moon-light night. Probert says he went to bed home-
distely, and did not get up till nine the neat mconag, with
what truth will appear in his cross-examination, and the evidence
of his servant boy. He says I observed, after he told mu that
Nidsoll's had heard the pistol, " Then I'm baled." Yet it tip.
pears I returned to London, and lived where 1 had all the preceding
week, with both my drawers and room unlocked. Probert says,
Hunt tame down on the Sunday very dirty. He was in the black
coat SC= by my brother on the Friday night. I am satisfied, Gen.
denten, you will reject the testimony of such a man, and wholly
disbelieve his statements on this disgusting subject. Ile admits
that he did not entertain the intention of fixing the crime on me,
till Hunt confessed; and then began the strife which should make
out the strongest case to obtain the mercy of the Crown. After
much prevarication, though in his examination in chief he swore
he was not down stairs on Sunday till after 9 o'clock, be refused on
his aces-examination to swear lie was so late as eight, and his boy
says distinctly that he was up at seven. The character of this'
witness was wrungfrom him by Mr. Andrews. He admits that six
or seven times he was committed by the Caimmissioners of Bank-
rupt for perjury. I will not comment on the disgusting artifice and
affectation with which his wile gave her testimony. It was evident I
to all who saw her ; nor will I say any thing on her receiving and
retaining the gold chain, after all she knew about the murder. There
was a great inconsistency of evidence between her and her husband.
She says she saw two men bring out a tuna from the stable and
take it arta theback gate. Her husband says he took out the horse
to fetch the corpse. She says it was dragged to and from the pond.
She also speaks of whispers which she heard up a whole flight of
stairs and through a door. It is clear that a tale had been concerted
between Probert and his wife. I kno► not, but I believe firmly,
that the body was never in Probert's pond at all. Mrs. Probert ex-
plains the circumstance of the supposed grave by stating that she
had a potato store opened. Probert says the body was stripped
be the side of the pond, but I could not learn on which side. In a
print published of the transaction it was represented to be on the
opposite side of the pond to that to which Mrs. Probert says she saw
roe drag it. I now pass on to the evidence of Probate, the horse-keeper.
His nanie I believe is spelled the same, but a difference is made on this
occasion for the sake of distinction. From him it is evident that Hunt
hired the hone and gig; he got every thing ready ; he took the
shawl, afterwards found round the neck of the corpse, and Probert
supplied him with a sovereign to pay his expenses. The evidence of
Clarke, of the White Lion, at Edgeware, should betaken into your
serious attention. Ile says he met a gig on the wrong side of the
road; there was also a coach passing, the light of which enabled
hint to distinguish my person. This statement must he false in
the nature of things. Is it possible that on die opposite side of the
road, on a dark night, a man passing quickly in a gig could be
able to distinguish my person by the lamp of a coach passing be-
tween us ? The lamp would rather hinder than assist his view ;
but the circumstance of my being on the off side, having a gentle.
man on my left, must have prevented him from catching a glance
of my countenance. Endeavouring to prove too much, he fails
wholly. The demeanour of Clarke proved that he was n man on
whom no reliance could be placed. Ile is one of the worst charac-
ters in existence; no man that knows him would believe him on his
oath. I beg also to draw your attention to the testimony of the hack.
ney.eoachman who set Ware down at half-past four. lie said it
was precisely that time when the deceased left him, and that a man
in a light shaggy coat assisted him to carry away his luggage. All
the witnesses say I did not lave Neese:Fs that night till five. This
establishes the fact that some one else met him, and that this
charge is founded in a conspiracy against me ; but if he had been
allowed to see me, as the others were, perhaps lie also would have
identified me. Freeman states he met a gig with two men in it.
He told the Magistrates this was a yellow gig. He now denies this
statement, though to my perfect recollection he then made it.
Clark, the hostler, proved the night was too dark to see any thing.
Mr. Justice PAR I:- -1 du nut wish to intereupt you; but don't

Email, yourself, by stating ai fast wide\ I malt poussily
diet. Tbs loan did not state it Ind • pile* * row msoop
tram However, go on.

Thosell resumed—lt is so impreskil let mini aniiirigNit
the evidence of Yield says Prof ere Slid itliehliiktd.babo
at a quarter past seven. It is quite close Wit IMO
time, by the nearest road, for them to # old

deed and return to the Artielsoke, by tie
course was to fasten their oven guilt on lab
can you believe that Protiert, without' a or
done, would lease his eompotion Hunt; on a sight, add
and a half from his cottage, without knowing why t Is it pesilde
you coos be se imposed on t With respect to the endow
of Upson, Wbo spoke of a cosveltation which I had with
him, I admit that his evidence pin part corset; bat k it
not true that I spoke to hint the positive manner in width
be says I did. It is true I said that Illtus was a gent
scoundrel; but only acco-manied it with the elemettlieet,
that if I were in the secret I would not boat it. This
is no evidence of my gent. Very circumstantial evideoce lied
been given of the watch. If then the knowledge respecdkg
it wid so perfect, why was it not predated!
Thetis Is not, Gentlemen, any evidence so unwise...ldg ektillee.
manual evidence; it is the most fallible guide to leitsesJedgiddes
Ins ancies are upon record of a father being coadesediettikellitedir
of his child, and a girl executed for theft, abed siliseethe
weaned parties were innocent. These, ea wdl ep parag eilllt
esweses, femiated-sad memorials of eniegwidel halm* odd al
veiled solely on ciecanotential evidence. IThe petseets died
severd instants. recorded in Lord Hale, of the mieshkfe which
bare occurred ftom conviction founded to arcamstartell diddled
only. Amongst others, was a ease mentioned, In which A was
missing, B was suspected of having consumed him to ashes Os ibio
slight circumstantial evidence on which the sespicies washoesied,
B was executetL Phortly afterwards, however, A 1111111111111 i
abroad, where he had been, and in his own person satided de is.
justice which had sentenced It to an unmerited death. The pet.
sorter proceeded to mention various other anecdotes fives the seine
source, with a view of pointing out the injustice that freqesedly
arises from condemning a man solely on circumetantia evklaise:
There was not in truth any more unsatisfactory rale of juipmes.l
The prisoner then reed the following from the " Peaty Asee.
dotes,' as precedents, with a view of showing the &agar Roes.
'Wines any man charged with murder, solely on dresumuseil
evidence:— _ _ _

" In tbereign of Queen Elizabeth, a penny was arralgssite+
fore Sir James Dyer, Lord Chief Justice of the Castor rum.
upon an indictment for the murder of a man who dwelt in din lane
parish with the prisoner.
The first witness against him deposed. that on • oink& fing,
mentioned by the witness, in the morning, as ha was ggins
a close, which he particularly described, at some dintsmia=
path, he saw a person lying dead, and that two wands Agymand
in his breast, and his shirt and clothes were mush NNW with
blood ; that the wounds appeared to the wittiest t• hits• heal ma,
by the puncture of a fork or some such isesrusert
about he discovered a fork lying near the ours, Wish ell
up, and observed it to be marked with the iniuele of Sr Obsesses
name; here the witness produced the fork in court, whisk the pel.
soner owned to be his.

" The prisoner waived asking the witness ay Minna.
" A second witness deposed, that en the meenimf of the dey en
which the deceased was killed, the witness bad sissy very earl with
an intention of going to a neighbooriag Mode* Sown, whieb he
mentioned ; that as he was standing la the easy of his own dwell.
ing-house, the street.door being ups. be saw she prisoner eine by.
dressed in a suit of clothes, theoriser sad holies if *bids beds.
scribed ; that he (the witness) was prevenswil ASS gelisp Se
and that afterwards the first witness liseught slides te the Mn l'
the death and wounds of the deceased, sad of desserftwit
being found near the corpse ;
_that upon this tepees was
apprehended, and carried before a jusice of poise; be, this
witness, followed the prisoner to the justices boss,, and ammidled
his examination, during which be observed the Odra's
the prisoner had made since the time be bed seen kir Ti dienterra-
Mg ; that on the witness charging him with he eling theft* his
clothes, he gave several shuffling mowers, sod wadi hem dasied
it ; that upon witness mentioning this eheemnienor at change of
dress, the justice granted a warrant so south the pebehees boos,
he the clothes described by the witnesses bwebighspepin we dace
Ihireneselwg i rites the ukases imeadatesessithlhithellasethis a
that allots nice search of two hours and upwarille, die very dashes
the witness had described, were discovered conceded lo &strew bed.
He then produced the bloody clothes In men, widelrthe prisoner
owned to be his clothes, and to have been thrust Jodie straw bed
with the intention to conceal them se the wreath of their being
bloody.
" The prissier .Lo waived oohing this meta wits, any
questions.
" A third witness deposed to his having heard the primmer de.
liver certain menaces against the deesase whence the prosecutor
intended to infer a proof of malice prepense. In answer to this the
prisoner proposed certain questions to the court, leading se a die.
covery of the occasion of the menacingrapressone deposal to; and
from tare witness's aoswer to those questions, it appeared that the
deceased had first menaced the prissier.
" The prisoner being called upon fee his defence, addressed the
Billowing narration to the court, as watal..ing all he knew aseeern-
ing the manner and circumstances of the death of tot sIONININI.
' He rented a close in the same parish wg the deemed, amid the
deceased rented another close adjoining to .. ; the only way to his
own close was through that of the deceased ; and on the day the
murder in the indictment was said to be committed, he KW city
in the morning, in order to go to work in his close with his fork in
his hand, and passing through the deceased's ground, he observed
a man at some distance from the path, lying down as if dead
or drunk; he thought himself bound to see what condition
the person was in; and on getting up to him he found him
at the last extremity, with two wounds in his bras, from which
much blood had issued. In order to relieve him, he raised him
up, and with great difficulty set him on his lap ; he told the de.
ceased he was greatly concerned at his unhappy fate, and the mere
so as there appeared reason to think he hail been murdered. He
'nitrated the deceased to discover if possible who it was, asset*
him he would do his best endeavours to being hint to justice. The
deceased seemed to be sensible of what he said, and in the midst of
his agonies attempted to speak to him. but was seized with a raiding
in bis throat, gave a hard struggle, then a dreadfid groan, and
vomiting a dral of blood, some of which fell on his( the prisoner's)
clothes, he expired in his arms. The shock he felt on account of
this accident was not to be expressed, and the teas as it was well
known that thee.: had been a difference between the deceased and
himself, on which account he might possibly be suspected of the
murder. He therefore thought it advisable to leave the deceased
in the condition he was, and take no furtive, notice of the matter ;
in the confusion he was in when he left the piece, he took the de.
ceased's fork away instead of his own, which was be the side tit the
corpse. Being obliged to go to his work, be thought it best to shift
his clothes, and that they might not be seen, be confessed that be
had hid them in the place where they were imited. It war true he
had denied before the Justice that he had Wowed his
being conscious this was art ugly circumstanced's* might b::42
against him, being unwilling to be brought ism tremble if be could
Vlore help it. He concluded his story with a most ' nos,
that he had related nothing but the exact tauth, adding or
diminishing one thtle,as he should answer for it Anightv.
" Being then called upon to produce his witnesses, diassimoser
answered with a steady, composed countenance god naelunon of
voice--' He had no witnesses but Ciod and his owe epsedence.'
" The Judge then proceeded to deliver his chew, is which Ile
pathetically enlarged on the heinousness of the ceimagaell laid greet
stress on the .force of the evidence, whit*, elliwilagh carom.
stantial wily, he declared he thought to be inesillibbr, and little
inferior to the most positive proof. The primer bad indeed
cooked up a very plausible story ; but if such or the like allege.
tions were to be admitted in a ease of this kind, no murderer would
ever be brought to justice, such deeds being generally perpetrated
in the dark, and with the greatest secrecy. foe present case was
exempted, in his opinion, front all possibility of doubt, and they
ought not to hesitate one moment about finding the prisoner guilty.
"The foreman begged of his Lordship, as this was a lase of lite
and death, that the Jury might withdraw ;_ and upon this maim,
an offiLtr was sworn to keep the Jury locked up.

. . "
This trial came on the lint in the morning, and the Judge
having sat till nine at night, expecting the return of the Jury, at
last sent an °Meer to inquire if they were agreed on their verdict.
Some of them returned for answer, that ekven of their body had
been of the same mind from the first, but that it was their misfire.
tune to have a foreman, who, hating taken up a different opinion
from them, was unalterably fixtd in it. The messenger had no
sooner gone than the complaining uttinlyers, alarmed at the thought
of being kept under conliaenient all night, and despairing of bring,
ing their dissenting brother over to their own way of thinking,
agreed to accede to his opinion, and having acquainted hint with
their resolution, they sent an officer to detain his Lordship a few
minutes, and then went into Court, and by their foreman brought
in the prisoner net gnitty.
" His lordship could not help expeeming the greatest surpris:
and indignation at this unexpected verdict ; and after giving the
Jury a severe admonition, he refused to record the verdict, and
sent them back again with directions that they should be lucked up
all night withoutftre or [walk. The whale blame was publicly
watir laid on the foreman by the rent of the members, and t :pent
the night iu loading hint with reflections, and hewn. • un-
happy fate in being associated with so hardened a But he
remained inflexible, constantly declaring be would death
rather than change ns opinion.

" Atsowt a his Lcwdnhip came buerawmi Newt morning, he
sent Lgain to the Jury, un which the them Imerbeve joiued in re.
que.ting their foreman to into OMR, sommiai him they would
abide by tbeir farmer verdict wbateert its ter: ea ttecp:nce ; and

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