The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-26 00:00:00

Mary Butler, elan. Bell-lane, and over the stir! .
harrowed-field, ill the collider-
j,ll.l.l MC1111011(.11,
1111 the pit of wilier where the said Mary Ash-
ford was drowned. is our mite. too fibrimigs, nut!
thitty yard.. /Sod the disoloce f otti the farm-
house of Joint Holding to the said pit is one mile.
three furlongs, and y;irti.i. Awl the itiptinice of
1 he Paid pit of water round by io ttie hone
or his tither Is 101) *.tiles and 1 wo fin-limp at the
And the said Atirolusin Thin, Ittilla funnier with, hit I
the way to tile said farm-house of .1111111 Holdih g.
the elder. by %%16411 any 'heroin travelling on foot
could i •.eal it its the shortest. time, is il e j
ing : that is In say—Along the said pit avd tlirotiqh
certain closes. by the Chester road, near to the 1
skirtlen wall of one Mr. I lopkio.. moil -is over cer-
thin other enelo-ores, to it certirio haloe be rose Mr. I
I.riffer's, and so to the farts-house of the said John
Holding. the rider. Aid the. tlistithee of the
said pit of water nom that measured
by that wad, os olv• ulitvs VPVt'll forlongs, and
170 yards. And the sent A lit-wham Thornton
farther seith, that the distalice from the said pit
of water, in is direct lira., to the fapirn-honie of the
said John Holding, the elder. is one link. fair I
furlongs, mid GO lards—but that there is, no fole• •
path ill the direction last mentioned. eseisitt fist
/111011 t one IhUndred yards by the ealial—thid,
the intersection of different enclosure.. owl the
iiiterventi )))) of hedges, it would require a lii,Jvr
time to prone-A by the la.L-tnentiouiii cool
'him the more Chico stools presiously rooted
riot. Aid the s.iid Alsrahain Thornton farther
Barth, that thse clock at the .urge or the wild Mary
Butler. by which the time of the departure of :lie
said Mary Ashford thelefrom is faxed, o coot-
pared, on the 27th day of Mar. before any iliter4.•
titres was made ill the time, by Win. Psi'. a
person wholly wok •Il to the said A. Thorritoo.anil
called us a witioh.s by the Phoseeutor, with the true
time kept at 011(1 found to be cm net. j
And that the time Id• the clock at the 611111...1111Wte (If
John Holding, the elder, was also. on the 11117th day
of May, before any alteration was made in the
time, c pared by Edward Twarnley. with the true
time kept at Birmingham. and found to lie correct.
And the said Alnallarn Thorium' therefore saith,
that the quarter after four, when the said Mary Ash-
ford left the house of the said Mary Butler—and the
t•iiity-five tmfuute. or half hour after four, when
lie was seen at the iir3oh„ I lidding. the
elder, together with the other times uncut .41,
were all correct, being measured by the tribe time
at Birmingham on that day. And the said A br4tin
Thornton farther smith, that on his arrival at Ins
father's Infuse at Castle !!toroth, on the monolog
of the 27th of May, he changed the hat and coat
which he wore on the preceding night, but no
other part of his wearing apparel—mod continued
to wear the same shirt, breeches, stockings, nod
shoes. which he had on the night before—awl these
lie also wore whets taken iuto custody for the mud
felony and murder. And be farther saith, that
on his apprehension as having been guilty of
the said felony and murder, he was taken before
one William Bedford, One of his Majesty's
Justices of the Peace for the county of Whir-
wick, before whom the witnesses were examined in
support of the charge—and he beiug also examined
did give its his examination, which was afterwards
signed by him—in which said examination, he
Save am account of the several places lie had
been is on the night of the 26111 and the morn-
ing of the 27th of May, and described the se-
veral persons whom be saw during the said night
and t.x. Anil no fact stated by him in
Ins said examination ham been, in any m ocher, coil-
i trailicted by any evidence then or subsequently
given ; but, on the contrary, all the material facts
have since been fully colifirmed by various wit-
nesses, as well throe for the prosecution of the
indictment, as those examined for his defence.
And the said Abraham Thornton farther said),
that at the General Session of "yr.! 141111 Terminer,
holden at Warwick, on Saturday the 22.1 of
in the 57th year of his Majesty George 111. before
Sir James Bailey, Sir G. S. Holroyd.
and others their fellows, be the said Abraham
Thornton was indicted for the murder of the said
Mary Ashford, amid the following is a true copy of
the indictment.

[Here the indictment fur mnriler, and the record
of the A ppellee's acquittal, were introduced.—!'hen
followed a declaration, that the Abraham Thornton
merit' d in the said indictment is the same Abra-
ham Thornton now appealed of the 9B id murder—
and that the Mary Milord mentioned in the said
indictment was the same Alury Aelifurd of whose
murder he is appealed.]
" And the said Abraham Thornton farther caith,
that the facts. circuinstancee, and prorif4, in the
counter•plea mentioned, and considered as strong;
and violent presumptions and proofs, that lie is
Oily of the said :r.:;rder and felony, and also the
said wend facts, tire lances, and proofs, men-
tioned in this replication, were. ill troth. proved
at the said trial of the said indictment against the
said Abraham Thornton, for the said murder and
felony.
[Here wens introduced a copy of the indictment
aramst the Appellee foe the rope, and of the re-
cord of his acquittal.]
" And the said Abraham Thornton further mitt'.
that the facts and circumstances set forth iu this
replication, *fiord stronger presumption and proof
that he is Nat Guilty, than the said facts and cir-
cumstances, in the said counter-plea set forth.
afford presumption that he Is Guilty, of the felony
and murder of which he is appealed :—Wherefore
he asks judgment—and prays to be permitted to
wage battel against tile said William Ashford.
(Signed) Anaurissi TunavriKa.“
the King's Bench—Between %Vahan) AA-
ford and Abraham Thornton.

" Abraham Thornton, late of Castle
in the county of War%%tek, but new 2 prisoner in
the King's Bench piistin, labourer, enskeili math,
that the (Nett' stated in the above eplicut ion are true."
The replication and affidavit of verification hay-
ing liven gone through,
Mr. CLARKE said—". On the part or the appel-
lant, I ask for time to answer ihi. replication. If
your Lordship►' pietist, till Thursday next uill bes
sufficient."

Lord Er.t.snsoßoua►t inquired whether Mr.
Reader would assent.
Mr. READFIL—" My Lord, I can haw uo ob-
jection." •
I.old ELLESIOROUGH—(to the Appelloo)--

ail - -v0,..:rii-
•... 4, • _
t.. ..
,

A`ou na!nppear on Thursday next to answer this
leplicatiou."
. ,
Tie C glen proctede I tn liettr orguot.tit* on
nunions ''_ w trials, which were destitute of
p;thlie i • ,
SI'SPEN." i 1 OF TUE H Br.:ts CORPUS ACT.
A. t tlirrr•o'clock Lord ti.i.Ertaititoucui
matted tie 101 l ,seen Informed th,it there weir some
persons in Cit Art deairons of making motions; if .u.
lie would brier them then.

A nom of &vent appearanew, dressed in
with his hair powdered, Own rose, nod said 1w has.
motion to make. He wns not inspired yesterdny.
Ife hod not onooney.eoloor4lo, nor wa... he rich enoor.:11
to throw away ten pfMillig in enillinVing Other!. It:
represtoot 1110 Illtgrotr. He wrote to Lord Sirtmoutli
to Consult loot how lie was to stet ; hot his Lordship
deelitseri nio ilot,orolo i! with him. He had applied to
hie totit.foip (Lunt Ellentiorootit with the *Arne
view, loot lois Lirdooloito had said, that hr was not a
coonsettor: that is was not lois duty to give advice.
hut to 'lt a.., ode. roofer these eireuonstoinces
he load a4sioi ;o present littnewif to 1.1;•.2ir Lordttlius'
notice.

Lo'fil Et r 1 N BOROUGH —" We cannot listen to
these interlocutory sin•tchta from every
who may thick prove' to address tm What is t.ie
isvotiois tou have to snake E."
The peihoia in tre4tion—•' My Lori!, 1 lec.o
to fume, either that i oily Ile tll.-iffirged Boni tae
rreognizittice4 :tap which ( hove betit fotcod to
ter. or that I may he brought to tral forthwith.-
Lord F. WM11011.013:4 —" Ow what y,runnd do
you move to have your ircogilizancev di-charged ?'•
rronsEy-(ANFRAL at this moment elf:-
teed the Court.) •
. .

Lord 14:t.r.L.Nr.onot..cn now asked the !taint of
the pers.or w:1.11 ildlite•sed 11,01 ?
The two, Atemeretl—.‘ John Johnstone."
Lord ELLi-.trPORCI.;O•• —l. 14 there nu! reengrii.
&thee ut John Irhubtone before the Court _

DiALIKY, Clerk of the Uro•vti
arnang his papers, and answered to the lir-
fir:native.
r.
Lord 10.1.1.E1BOROU:al—" Read the recogni-
zance."

Mr. DcAt.tr.lr then read the recognizance, which
was taken before F. I'. Lyon, Esq. at the Castle of
Exeter, and hound the defendant John Johnstone,
tinder the penalty of 1001. to appear iii leis ijes.
t)'s Court of King's Bench nn the first they of tl‘o
',reseal Term, to answer to :all and every thing. which
might be alleged against hem, and there to attend
from day till day non! clischarLf.A.
Lord ELLEN unitoutai—‘' Now what hive you
to object to this recoznizance ?"
NU. Jou SToN E—" wish to state the circum-
111311CtS under which my imprisonnient took &ewe.
1 have prepared an affidavit on the subject, which
I am desirous your Lordship should hear read."
Lord ELLEN coaotow—... I yesterday explained
that there was no occasion for the parties under rt.-
cognizance to attend till further culled On."
Mr. JOHNSTON I call yon to read my
ease, which is stated in the affidaviL I hold in iny
hand."

Lord ELLEtillortorc MIA object is to be
derived from hearing the affidavit ? '
Mr. JOHNSTON E—" The object which I have in
view is to have my recognizant:el, cancelled, or to be
brought th trial its soon us convenient. Ido not
me?.ii to he importunate."
Lord ELLENDOIIOUGII—" It must appear that
we have a right to cancel your recognizance before
it con he done. Av for bringing you to trial, that
is not in our power."
Mr. JouNsTown--1, I presume you v.ill give tne
a decided answer."

Mr. JOIINSTONE—" Then your I.cirtlNllist weans
to say that )ou'rettate to grunt any one el my iiii-
plieulunis
Lord EI.I.TNIOROUOM—" 11 !man to say what
The ATTORNEY GENERAL now addretted the
Court at followt :—" 11y 1.0 rd,, 1 had let nottce
whatever of any inch 111U1jOilb u% thtwe w!-Tolt you
hove heard being about to he inane this illy, ware
%lila I derived from the orilinitry channels of Ittoblea
information, iti which I istV reported thin which oe-
ettrred yestertlAy. Iu cnotetiotoce of n hat I thus
collected, I tilt it my duty to attend here and to
Snide, that I have every Beaton to believe the gent b.
wan who hat been looking diet•.. apphrottnitt, had
notice before he left 11.1Am:better that Ids atttridiniCtil
in Court would not be required.
Laid LI.LLNI.4O 611-.-'• Then the iuconvtui•

Mr. Justice BA YILEY—" Can yon chew us nnv
grounds ui which we shall be antliiiiized its ditty
lug the conclusion that the recognizance into verde
you have entered ought not to have been taken ?"
Mr. JOUNSTONE—" du not pretend to stiy that
there are any such grounds."
Lord are
a-.any
Then von are in gm
condition to make this motion. Unless you tau
spew us that your reeeizaiLinee has been illegally
take; we have no right to disturb it. Nlrt cannot
have the mine of the Court thus wasted."
Mr. 3°ll%m:ism—a The object which I am de-
sirous of obtaining is of vast impoi Sauce to Oar."
Mr. Justice BATLEY-4' sour ayplication is eon-
fined to two things :—First, that you should be
brought to trial forthwith. To this you hare re-
ceived for answer that tie Cuint have not the
power to bring you to trial. The second tlitog for
which you apply is to be discharged from your reo
cognizance, sod main this your answer has hetql
equally explicit. There is no ground upon which
thecen Courtsati csfy u. omply Ihat )i..ymtry irten tls re
co 4; itti
zao.nte:e.-st, u
h,a,lbnle
gaily obtained from you. You say your affidavit.
does not (co to shew that there had been au illegality
in the mode of taking your recolonzunee, conse-
quently we can afford you uo redress."
Mr. JolllesTo h F.—a Then 1 must vertiiiitly beg
of the Court (45 l shall remain in town, and by in
attendance from day to day, as my reci.gnizance
reqoires) to allow me the means of %typo, me-
self. It would ont be prudent of me to fr
my faintly, and still to have this rreogoi7ailVe lit hi
over my bead. It is my t:ecided wish. if my rurog..
Utlonce can't be discharged, that I be bought to
trial. Li the interim. I hope your Lordships will. •
afford me the means of tieing comfortaldy. v
. Olir
Lordships will not think this request mu easiinatili.."
Lord ELI.LNuttRoUGH —" four opplirphoo, if
nut unreationaiblve cti tautly ous traorclinaiv one.
The Court have nu power to comply with sour kW-
sire."

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