The National Register.
London, England, 1818-01-26 00:00:00

APPEAL OF MURDEZZ.

COURT OF Ki BENCH, JAN. 21:
THE KING V. ABRAHAM T:HHINTON.
Though the importance of this case has (if possible)
increased by the procrastination of its discussion and
final decision, the crowd was not so early this morn-
.
•
inga., when the case was before the Court the lust Term,
• but it was equally numerous. Notwithstanding the
wetness of the morning, by letlf past nine o'clock,
every avenueno the Court was immensely crowded.—
,
At half prat eight the defendant left, the apartments
tbut are provided for him at the King's Bench Prison in
a hackney coach, under the escort of two tiastaff, and
having arrived ut Westminster by nine, he was con-
ductal up iatothe Court by the.pa.ss.ve loader the House
of Lords, and was placed in his old position at the bar
,of the Court.
It is said, that during his confinement, he has been
in most excellent spirits, and entertains the firmest con-
viction of his ultimate acquittal. He was dressed in a
new black coat, drab-coloured kerseymere breeches, and
gaiters ; had on a pair of new yellow gloves, and main-
tains his former appearance of a respectable looking
farmer. He does not appear to like publicity, hnd
maui-
fested that dislike a good deal in part of his conduct
while in Court this morning. A portrait painter of con-
siderable eminence was in Court for the purpose of taking
his likeness, but as soon as he observed him, he inenctli-
attelv turned his back to the gentleman, and placing his
hand on that side of his face, remained in such a position
as to preclude the possibility of his accomplishing his
purpose for upwards of an hour and did not alter it until
the Court commenced its proceedings, when, from being
obliged to stand up part of the time, .he necessarily al-
tered it.
At a quarter before teno'clock the appellant entered
the Court, with his attorney and a friend who had come
from the country with him. At ten Mr. Reader and
Mr. Reynolds entered the Court, and seated themselves
on the right hand of the defendant At a quarter
after ten Mr. Clarke, Mr. Gurney, Mr. Richardson, and
Mr. Chitty, the Counsel for the appellant, entered the
Court.
Mr. Justice Bayley, who entered the Court before
• the other Judges, 'disposed ofscveral motions of course,
and other routine business ; after which he joined the
other Judges in their chamber behind the Court.
At half past ten their Lordships entered the Court,
when Mr. Clarke addressed them as follows :
Mr. Clarke.—My Lord, the appellant is here accord-
ing to the order of the Court.
Mr. Reader.—My Lord, the defendant has a Repli-
cation here, which he wishes to verify by affidavit.
The Replication was then handed in, and read by Mr.
Le Blanc, the Clerk of the Court to the effect follow-
ing :

REPLICATION-IN THE KING'S BENCH.
111 E KING V. "MINTON.

On Saturday next after eight days o St. Hilary in,
fhe 3Sth of Geo. Ht.—And the said Abraham Thorn-
ton saith, that notwithstanding the said matters alledged
is the said counterplea, he ought to be admitted to wage
battle, becauseprotesting that he isinnocent; and though
he is not under any necessity nor in any way bouud to
answer the sinue,nevertheless in replication he saith, that
before and at the time of the. writ of appeal issuedagainst
him, there•wcre and now are, strong presumptions that
lie was not, and is not guilty of the felony aforesaid, in
the said writ of appeal so charged against him as afore-
said. That is to say, at the time when the said Mary
.Aslithrd went In the house of Mary Butler, at Erdling-
,ton aforesaid, as in the counterplea above set forth, she
the said Mary Ashford went there alone, and unaccom-
panied by the said Abraham Thornton ; and he further
with, that the said Mary Ashford left the house of the
said Mary Butler about a quarter of an hour past four
of the clock as the morning, alone and unacompanied by
the said Abraham Thornton, and proceeded towards
Langley aforesaid; and the the said A. Thornton further
J 1 sith that a short time after said Mary Ashford had so
left the house of the said Mary Lutler, she was met at a
short distance from the same, walking in a lane, called
Bell Lane, leading from Erdlington to Langley, by one
Joseph Davison, he the said Abraham Thornton not has
ing in company with her nor in any way in sight. And
tido. said Abraham Thornton further saith, that within a
short space afterwards, that is to ary., within the space of
a quarter of an hour from the time she so left the house
of Mary Butler, she was seen by one Thomas Broad-
hunt, crossing azertaia t urnpikeroad leading from Lon-
don to Chester, at that part of the road where a certain
lane called Bell 'Lane, crosses the said turnpike road,
and she proceeded .along the said lane, then being alone,
and unaccompanied .by the said Abraham Thornton.—
And tke said Abraham Thornier' further saith, that at
the several places where the said Mary Ashford was so
seen by the said Davidson and Broadhurst, the road
was broad and straight•for a considerable distance, and
.that he 'the said Abraham Thernten must have been
reen at a considerable distance, if he had been proceed-
ing with .her. And the said Abraham Thornton saith,
that cu the morning of the said Tuesday, at a quarter
after four of the cluck, or net.leter than five and twenty
miautes, he the said Abraham Thong= was seta by