The National Register.
London, England, 1818-02-09 00:00:00

Tim NA.,,TioN:k.i.

1 Mr. Justice l'irslry.—Nor do you aver that the de-
fendent was the person that had the ihicit interconree
will h. r: only that ;ann.,-person had had it. M
(Ishtord leaves Mary Butler's at about quarter past
11.• : and within a quarter of an hour after‘vards she
is;ee", .i.est by one and then by another, near Bell-
lane.
NIL Chitty.—\ that would allow Min fifteen mi-
nutes. •
Mr. Justice Bayleyee,.Then he has to go from Bell-
lane across the herrowol tield, and tle re pursue her,
and carry her to the place where the criminal inter-
course took place ; then to convey her to the pit, to
throw her in, and then to run on close to John
Holden's, which, necording to the nearest way, is a
mile and seven furlongs, within less than halt' an honr:
at this time, tot. it is open day, and many people will
be about to see hi:n. The great doubt I have had is,
whether the footsteps near the pit were made before 4.
o'cloek or idler: the prohabillity seems to be, that they
should have walked together towards the pit ; but
whether it was befiire 4 or after is the question.
Mr. Chitty repeated, that there was no positive aver-
meat of the appellee that hr was not there, and, for
aught that appeared, he might have had a horse. It
was laid down in all books, that evident.* of an ofThi
was to be received with extreme caution ; and there
was nothing to show what had beeume of Thornton
between half past five and seven o'clock at which last
hour the body was found recently dead.
Mr. Justice Bayley.—She is teen near the pit at half
past 4, and he is seen at 10,ininutes before .5, going in
a contrary direction
Mr. Chitty urged that their Lordships were not now
trying the cause whether the defendant were or were
nut really guilty, but merely a,certaining whether there
was suffleicat presumption against him to defeat the
trial by battle: whether eerugh was not stated in the
counterplea to induce their Lordships to resort to the
original constitutional mode of trial, instead of follow-
ing a practice which all mutt deplore had over been
pursued. If the appellee were innocent, he would. go
down to his trial in the country with all the advanta-
ges of his innocence ; if to alibi existed, he might prove
it, and no doubt all prejudice, if it existed any where,
would be banished from a Court of Justice ; the pro-
bability scented rather to be, that a Jury on their oaths
in a case of life and death, would be disposed to think
favourable of an individual placed in the situation of
the appellee. On all these grounds he submitted that
the replication to the counterplea was insufficient, and
that the appellee ought not to be permitted to wage
battle with the appellant, but must submit to the con.
stitutional trial by the country.
Lord Ellenborough and the other Judges consulted
for some minutes, after which his Lordship said, the
Court think it may be expedient that this argument
should proceed to-morrow ; he will then hear Mr. Tin-
dal on the other side.
Mr. Clarke asked if it would be the first called on ;
and Lord Ellenborough answered in the affirmative.
The defendant then retired from the bar, and was
followed through the hall by a considerable arowd, who,
by hisses and groans, expressed their feelings on the
occasion.