The National Register.
London, England, 1817-11-23 00:00:00

OF MUItULIt.

On the entrance of their Lord hips the Conrt was crowded
to excess, and lung betere the doors opened a great number
of persons were assembled on the outside, in the hope of
admittance :- special constables were employed to dear the
avenues, which was arcomplisheil with great difficulty, 'and
after strum; resistance.
Messrs. Clarke, Gurnee. Richardson, and Chitty, appeared
as Counsel for the Appellee.
When Lord Ellenborough and the rest of the Judges had
taken their seats, his Lordship called upoa Mr. Reader, who
moved that Abraham Thornton du now appear in Court to
Lord Ellenborough.--Let Abraham Thornton be placed
at the bar. _ _ _

Abraham Thornton was accordingly brought Into Court in
custody of the tipstatl and the deeper of the Marshalsea
prison : he was placed in the centre Of a flout row of Bar-
risters, and behind the King's Consel ; Mr. Reader, heiiig'
upon his left hand, and .Ir. Reynolds behind him. He
bowed to the. Court, and seemed in good spirits.
Mr. Le Blanc (the master) Own addressed him in these
words Abraham Thornton, hearken to the record," and
then proceeded to rout in aloud voice the count delis ered
is by the appellor on the tirst day of term.
Mr. Le Blase afterwaids said—Abraham Thornton, how
say you ; arc you guilty of the felony and murder wherof you
are appealed or nut guilty.
Mr. Reader put a paper into the apprillee's band, on which
were written the following words," Not Guiltyl and I ins
ready to defend the same upon my body.;
The appellee read this paper to the Court, but rather Irian-
daily. He then produced a large glove or gauntlet, which
he held up in the taco of the Court, and which, by desire of
Mr. Reader, he Hung upon the floor, between the liar and
the bench. In falling it struck the head of the appellor,
Ham Ashford, who sat before the appellee and under the
King's Counsel.

Mr. Clarke then rose, and said he appeared on the part of
the appellor.
Lord EllenborongL—The appelkemust he caged.
Mr. Clarke. —lie is in Court.

William Ashford then stood up, (the glove still remaining
on the door e !Aim); but Loud Ellimborough said, ,that
he t be formally carried into Court.
Mr. Le Blanc.—William Ashford come 'nto Court.

,lifurd.— I am bete.

Mr. Clarke then addressed the Bench as follows :- —My
Loi ds, 1 did not exiiect at this time of day to 'rive 111,11 d this
sort of demand made in ausw er to the charge that bus been
[nought against the prisoner, viz. that the IRSOe b111.411d de-
pend, not upon a trial before a July, but upon trial by, hattle
at least we may say it is an obsolete practice, and it may be
considered a s cry extraordinary and astonishing circumstance
that a prrstio charged with the mime of murder should be
permitted to rel el z hat charge by committing another nitirder:
such a proceeding is both ancient and bat barons ; hot I
shall exhibit the appehlor before your Lordships, and you
will sec that he is not 4 Iler6(111---
Lord.Ellenhot (nigh (interposing).—l seislt only to cornet
an expression you have used : you say , " by co. 1111 l itting
tiler minder ;' if it be the law, what the law authorizes is not
out riler.

Mr. Clarke.-1 beg your Lordship's pardon ; I should have
said" by killing the brother °laic per son murdered:" I ap-
prehend that on inquiry your Lordships will hod that the
allowance of this plea is in a great measure discretionary,
viz. whether they will pernlit a battle in this cast' to take
place. Ido not say that it is a matter intirely discretionary,
but that it depends in some degree upon the reason of the
case : it the Corm on tin exhibition of the epellur, flails
that lie is of weak body, and on thin account incapable, that
I ht lir ve, is sufficient.
Mr. Justice Ravley.—Have you any authority for so stating
Mr. Char ke.—ilie authorities I have are only examples of
what may be on answer to the claim of trial by battle.
Mr. Reader here interrupted Mr. Clarke, and said, " The
Court will nut suppose that I air an unfitly or unpleasantly to
intorno Mr. Clai ke, but I apprehend that he is now adopting
u new course uf proceeding, li.a warranted by any audio. I-
ties. If there he any objections to the wager of batik Ile.
mantled by the appellee, they must be made by eountei-
pleading, and not by statement of Counsel, which can pro,
duce no bent tit to either side, and winch mac call upon me
on behalf of the prisoner for answers which 1 would tether
be excused limo making."
Lord Elleriburough.—llo you wish, Mr. Clarke, ty es/unit:F-
lit( ad ? '
Mr. Clarke.—Certainly; and we further request that time
may ht. allowed to enable us to prt pare oar counteruolea. •
I.oril Enenburosigh. —ln a proceeding so antiquate i and
ob,olele, to grant time is certainly a matter of millet justice
to yun ; I du nut apprehend that any resistance would be
amide to it on the part of the appellee.
Mr. Reader. —o.rtainly nut. The prisoner is too much
indebted to the Court for its kind indulgence already ex-
tended to him in this respect to make any objection to the
grant of oily reasonable time : to resist it would indeed be
most num adults on his part.
Los .1 talennutorigh Oro Mr. Clarke.)—What lime would he
convenient to enable you to pi epaie your coonter_plea.
Mr. Clarke.—l Wiry we should be ready oil Thursday next.
Lord LlVllbOrollg.ti (distCC etnenntlng with the other Judges).
—Perhaps Friday might be more convenient to the Lunt 1,
Mr. Clarke.--Any day after Thursday that may be appoint-
ed will answer our purpose.
Lord Ellenborungh again consulted the test of the Deitch,
and said that baturday would, un several accounts, be pre- i
ferable.
Mr. Reader addressed their Lord-hips as fellows :- I have
to pray the indulgelice of the Court but fluv one word, the
object of which is to put the defendant in the situation ill
winch he is entitled to be placed before your Lordships and
public. It has been ails onl, and tor myself I may say still'
lulls, dui, to consider .nol advise the appeilee what etairse lie
ought to adopt, and I have no difficulty in th.clating, that at.
tletersnoted to It:commend huts to take thus all- p, on aye, ttttt 1
01 Cit. extragedmat, and I may add, unprecedented prep?.
ince ilisseimmiti.4l .igilill,l hint 11110110014 i the country., in se-
gin il to Ihoi onfeo tesktie h in.•..el .
.11 I. 11, ader hat ini.: takt o les ',eat, 1...ril LUCIAIttr4IO6II 01'.
del tli that the prisoner sloon.l be ri mantled, ter air broOglit sip
again on SAMS day, when the other side would be ready wish
iili• villiaitel-pleit. . . ..
I I o.ing this interlocution, the appellee's g!tove was prr -
united to remain un the Raw kt Use. tett toli the apgeliot, Whe
did not take it up. ' •

;"443Y. 24.

MtritellterbliNtiaritriflirgrroTemaln— in the can-.
toily of the Coutvt) and tt was handed by 'the officer to the
Master.

Mr. Gurney observed, that in consequence of the MN-
sign prevailing tit the time in Court, the precise terms of the
prisoner') plea had not been beard ; •he therefore requested
that the Master, to whom the paper liad been banded, should
read the contents distinctly.
Mr. Reader said, that the appellee pleaded ore Irma, lzut
in order to avoid mistake the precbie form bud been written
down.
Mr. Le Blanc then read these worths, " Not guilty, cad he
is ready to defend the same by his body."
Lord Ellenbnrough.—Mr. Clai ke, a 4 this is a matter of
strict form, the Court wish to know whether yAti pi ay time
to counter plead, or whether you pray time generally ?
Mr. Clarke.-10 counter-plead, toy Lord.
Lord Ellenbormigh.—Lei the prisoner be remanded.
Abraham Thornton was then taken from the bar in the
same custody in which lie had been placed there.