The National Register.
London, England, 1818-04-20 00:00:00

OF munur.n.

This being the day appoiliteil, when this CHAP was last
before dais I.ordshir, for hearing the reply of Mr.antty, on
the part of the appellor; the Court was eriawdiol at a %cry
early hour. The appellee was put to the.har atmine o'clock,
and about an hour afterwards the appellur took his place
berm e COilllsCl, Messrs. Clark cy, Richardson. and
Chitty. Mr. Reader, Mr. Reynolds, si! Mr. Tindal a ttesideJ
as usual as counsel for the appellee. At half-past 10 their
Lordships tools their seats, when Lord Lllenburough called
upon
Mr. Chitty, who Legamhis reply by expressing Isis hope
that it would not be necessary for hint to occupy su large a.
purtino of the time of the Court HA he imagined would be
requisite on a. former Jay. He them statist the Maus points
made by Mr. Tindal in 44is argunleet. 1. That the trial by
battle is the right of the appellee, not of the appellor. 2.
That a counts!' plea is only allowed where there is One Sillg!n
self evident feet, on which the Judges can immediately pro.-
instinct. tliegnilt -of the party accused. S. Admitting iliattlx
conuterplea in this Case is and nut bad fur multi-
farionsimss, still that it is fully..allSvtereil by the teplicatiwt.
4. '111:.t the.judgmeut of theCaurt ought not to be, even that
the appellee .should be allowed to wage has battle, but that
he should be permitted to go sine die. Mr. Chitty. said, that
he should inutile the saute lisle, and should attempt an tills wiT
to these points, In the order in which they preset:test then:-
selves. Thei:drst position lie did nut dispute, and lie had
been surprised to hear so much upon it—that the trial by
battle was the right of the appellee, Ito never did and never
meant to dispute.
It is impossi ble.to follow the I.cmred Counsel through. Ws
argument, especially us it is not at all interesting to...general
readers,.being in points of Law, in order to prove that the
presumption of guilt was sufficiently strong to defeat the plea
of the battle. .

-•;ll;.3loitice Bayley asked if there was any thing in the
conoterplea to show.tbat Abraham Thornton was with Mary
Aslitord after three o'clock in the morning, when the murder
•, ors sopßosed to have been committed ?
Mr. (b tty answered, that there was nothing from which
could be galas eil,.bet the inconsistent allegations of the ap-
,pelli e.
Mr. Justice ltaylcy..7•They were together, ,aceording to
youi count el:pie:l,4om 1,2 o'clur k tietil ;Laud at au great dis-
tance trout the pit where the body was found ; and if these
appraranees on the grass, Ace. existed before J u.'elirek, the
presumption M. ninueenee is strimg. Is there notliiiig to
raise a presumption that those appearances ocem isd Ohl I 3
, o'clock in the moriiiiig i
Mr. Chitty referred to what was stated regarding the foot.
stevs, but the Court answered, that they sioxiii hare 'teen iiii.
pressed befurs, ..; o'clork, for any thing that WWI stated to the
contrary. Niitliisig etas Milled to 511t•W that the dew trait
been removed by nee blood Ilia was traced ohm: the closer.
glass, tow:tills the pit, niter,: the body Was tumid. This ty-
pe:tred to be an important unit••ion.
Mr. Justice Bayley etiserred, th.at there appeared to be
mulling to show 11n I Ihe pressure ol the figure upon the grass
1,1. lain of til..uif, and the 11,101Ster• near Cle. 111..., hail occult...
red after three in the morning. There were t0,,..1,,,by whsch
Many Ashford might heat e emote to her 1.1...it5.!.• .:insistent vita
.1 the
is':l:l"ll.ecril.ielt!itli triii.etu'itil:sPri:liiiiir.eliieSrhiLle,ililfiflir.;Xittit"ttirl''i'n lidiaryceadli'i7f
it' I7oipeniiimers ; or she might immt• foam' into theisit.
Mr. Cliiii alt-)tried, Ural lils,!lrebtilotiffit was ~,,,lent, ih.,..:
the .aunt, Itel's•OO %lisu haul lior_aut illicit cousiexion. %%pit ii„.,,
1,44) doted her, awl ibe ailistlire e0Olt",•ell, ;hitt he had
held that Illicit cOllll4, Xtett.• It %5.1,, out 1,1, _a e.. that
e: 14.111111'&1° 11.aai
*mimeo.) her to tiestroy lii iselt, either nailer tile soppositimi
Of CIIIINetti or 1 esistance to the appellee 1 because in the one
case, despair did not nook: so s 444444 , mut mull the roost:.
iinenees of her impruilli hee wet e.appau t lit ; and to flit• other,
thirst of revenge, and a sense of injory, would hair induced
her to prolong her existence. Having gone at length into the
1 pi nollatiti , presumptions ou the one aide, and out the other,