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

IIF. NATIONAL REGNITIIIt

divers-et-edible witnesses, a considerable distance from
the said B.!1 Lame, to wit, by one Thomas Jennings,
one John/Holden, jun. and others, being ail persons with
whom the said Abraham Thornton had no previous con-
nection er acquaintance, walking along a lane leading
to Cantle Bromwhich, atin-esaitl, close to the litrm-hottae
of John Holden the elder, which was the way leading
to the said Abraham Thorntoa's fitther's house, where
the said Abraham Thornton at that time resided.—
And that he was walking slowly and leisurely and not
in any way in confusion or disorder. And when he had
continued his course atomic a mile from the said house
of John Holden, the elder, as -aforesaid, he wa.gi. seen •
ly one John Haydon, and then anti there atopped and
conversed with the said John Haydon tar the space
of a quarter of an hour, after which he parted from
him and continued Avalking on tmvirds the hOuse
of the said Abraham Thornton's father ; and the
said Abrelatin Thornton s.tith that one John Woodcock
saw him Fe stopping and converting as aforesaid to
wit, &c. And the said Abrithaia Ti.oratnn ferther
with, that he was also seen by one James White at
about twenty five minutes after five of the clock, in the
morning when he was still walking slowly and liesitrely
towards his father's house, and he was then about
half a mile distant from his father's house. And he
further saith that the distance from the house of Mary •
Butler over and across the said harrowed field in the
said counterplea mentioned, is--one guile, two furlongs,
and thirty yards, and the distance from the workhouse,
which is the nearest point of the village of Erdlington
to John Holden's farmhouse, is one mile, three furlongs,
and sixty-two yards ; and the distance from the said pit
of water found by Erdlington aforesaid to the said farm
house of Jchn Holden aforesaid, is two miles, four fur-
longs, &c. and he saith that the most ready and accessi-
ble way from the said pit of water to the said farm-
house, and also the shortest way, except as hereunder
mentiuned, is the following, viz across a certain close
into a certain turnpike-road, called the Chester-road, at
the part thereof near to the garden wall of one Mr. Hip-
kis, and also leading to the farm-house of the said John
Holden the elder, and the distance of the said way is
one mile, seven furlongs, and one hundred and seventy
yards. And the said Abraham Thornton further Faith,
that the distance from the said pit of water to the said
farmhouse is one mile, four furlongs, and sixty yards ;
but he saith that there is no foot-path in that direction
except for a distance of one hundred yards, leading to
the Canal Bridge, and that by the intersection of the
hedges and fences, by and between the said pit of water
land the said bridge, it would take a longer time to ar-
rive at the said farmhouse, than by taking the more
circuitous road above pointed out. And the said A. Thorn-
ton further saith, that the clock at the house of the said
Mary Butler, where said Mary Ashford had been on the
morning of the 27th of May aforesaid,w as on that morning
without any alteeation whatsoever; and the time mark-
ed by the said clock on that morning was carefully
compared by one William Webster, Esq (not known to
or acquainted with this defendant, but a witness fur
the prosecution) with the true time at Birming am;
and also the clock at John Holden's was without any
alteration and was compared with the true time at Bir-
mingham, by one William Townley, and the said se-
veral times above mentioned are all connected and re-
duced to the same measure of time: that is to say, to the •
true measure of time kept at Birmingham aforesaid, on
that day, as hereinbefore stated. And the said Abra-
ham Thornton further said', that on his arrival at his
father's house, on the morning of the said 27th day of
May aforesaid he changed his hat and coat, and no
other part of his apparel, cud he had on the same shirt
and breeches, and the same atockings, and he wore the
'same respectively, at the time of his apprehension on
the charge aforesaid, that is to say, &c. And the said
Abraham Thorton further saith, that, on such his ap-
prehension, on the said raorning, he was taken before
one William HAford, Esi one of his Majesty's Justi-
ces of the Peace in and for the County of Warwick,
and the -several witnessess against him sera examined,
and in his examination, which was afterwards reduced
to writing, he, the said Abraham Thornton, gave an
account of the several places at which he had been du-
ring the night of the said 26th of May, and the morn-
ing of the 27th, and the several times that he had been
st such places respectively ; and he Balch, that there is
no fact stated by him which has in any way been con-
tradicted, and all the said facts have since been con-
firmed and corroborated by various witnesses, as well
those called on the Rrosecutiou of the said indictment, as
those called on the part of the said Abraham Thornton,
in his defence thereto, And the said Abraham Thorn-
ton farther saith, that at the General Sessions of Oyer
and Termini r held 'in and for the said County of
Warwick, &c.

here the r4plication set forth the commission st War-
'tick assizes under which the defendant was tried on.
two indictments, the one for the murder and the other
for the rape, and stated his acquittal on each, in the
usual technical firms of law, after which it concluded
in the manner following :—" And the said Abraham
Tturnton in fact saith, that tho several facts proved,
atibrd stronger and more violent presumption and
stronger proof that he is not guilty of the murder

vgbere:)f 1:e stands amealed, than the said presumption
aril proofs in the said counterplea set firth that he is
guilty. And ther.lbre the said Abraham Thornton
prays ju...:gment, that he may be permitted to wage
battle with the said Win. Ashford."

M. Le Blanc.—Thcre is an affidavit attached to it
as f7d;.)%v":.

Fiero Mr. Le Blanc read the nffi(lavit.
" In the King's Bench, between the Kiug and Abra-
ham Thornton, upon an appeal of M erten
" Abraham Thornton, late of Castle BrainwiA, in
the County cl Warwick, yeoman, but now a ;'risen r
'confined in the King's Bench Prison, hereby maketn
oath and with, that the several matters and facts in the
yeplication hereunt. annexed are true, as this deponent
is informed and verily believes"
Mr. Clarke.—My Lords, on the part of the appc!.
lant, Wm. Ashford, I must beg your Lordships to
allow us time to answer this replication. Until Thurs-
day next, will be time enough.
Lard Ellenborough.—l think that seems a reatona.
ble time What do you say, Mr. Reader?
Mr. Reader.—My Lord, I can have no possible ob-
jectien.
_

Lord EllenboroueL—Then la it be until next
Thursday.

THE DRAMA.

DRIJItY-L

On Tuesday night, a young lady from the Dubin
Theatre, whose name we understand is Smithson, made
her first appearance here, in the character of Lt ii
Hardy, in the Belles Siralagem. After the eminent
success which hus attended Miss Brunton, ut the other
house, in this very difficult part, Miss Smithson's Was
a bold undertaking, and we arc so:: to add, her• suc-
rzss was not equal to her (laving. In the scene where
she assumes the awkward airs of a rustic hoyden, she
was very happy, but in all the rest she was deficient ;
her singing is not good, and her dancing, which, as it
is intended to captivate, should be excellent, was far
from gracegil. In characters of a diff?•rent, coarser
kind, site may succeed, but certainly not in this.
Stanley's Doricourt was very bad ; the Manager
might surely have found a better, though we have not
our eye on Mr. Rae when we say this.