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

LAW EvrELLIGENCE.

COVET OF KING'S BENCH, %Tr%
SATURDAY, JAIMART 24.

APPEAL OF MURDER.

tt'IL.T.?Atl ASHFORD V. AGRAHAM TliortNTON.

'1 he pi tr,t,eritligs in this novel case Were re.tursed
this (hy. The Court having. near the close of last
Term, appoi,;ted the *scowl day of the present
'ferns, for receiving the replication of the Appellee
to the counter-plea put is by the Appellant.
iu answer to the plea of wager of battel. The
Court. at a very early hour, was crowded—
:not considerable sums were paid fur ittlinit•sioil.—
There were several Lair. present. A great con-
course of 'People assembled in ‘Vestinioster-Ilall,
determined, if they could not witness the judicial
proceethigs, to have at least a view of the parties,
wlyse relative situation has excited such unbounded
interest.

Ahrahnne %'.o-itton, the Appellee, entered the
Court by the private entrance, at Mlle o'cick. lie
troy ocrompoisieil by Mr. Gibbon, tip-matr of the
Marrhul of the King's Bench, attended by one of
the keepers of that prison. He took his seat in the
centre of the bar, the keeper sitting immediately
behind him. Thornton looks extremely well. Con.
fitsement seems to agree with him. fie is now, we
think, nit her more corpulent thin' when lie first op-
oast —a dr•—..-• ..:-..••••ie lo

perfect composure.
IVilliain Ashford, the A pellant, came into Court,
at half-past nine—and took his seal, almost oppo-
site the spot vshr.re Thornton was placed.
Both parties were dressed in black.
Prior to the arrival of the Judges, Thornton was
busily employed in lookint over the replication,
that bud been prepared, and which his Counsel,
Mr. READER. exhibited to him for that purpose.
At half-past ten the Judges took their seats—
when

Lord ELLENBOROVGIII called on Mr. Clarke,
Counsel liar the Appellant.
Mr. C1.4111LE.--" My Lord, the Appellant, 'Wil-
liam Ashford. is in Court. Mr. Reader appears on
the other side."

Mr. READY.R—" My Lord, the, replication of the
Defendant to the counter-plea is ready."
Mr. CLARKE inliiintecl, that Appellee, 110 t De•
fendant. was the proper trriii.
Mr. 14.sntelb—" I Amid corrected. I must call
him Appellee."
The replication was then handed to Mr. Le
Blanc, a Master in the Crown OCT.

Mr. CLAOILE—" The replica nand he vefl•
tied on oath."
Mr. Justice BAYI.Vir—" Is it so verified ?"
Mr. READER—" The Appellee is here. ready to
verify the facts contained in this replication, by
affidavit."
The Appellee wa• then sworr to the *kith of the
factt. After which—

Mr. LE BiLaac• read the replication—which was
in substance as follows :

" 111 the King's Bench. Abraham Thornton, at
the suit of William Ashford. On Saturday next,
eight dap, after the morrow of St. Hilary..
"And the staid Abraham Thornton smith, that he,
notwithstanding any thing stated by the mid Wm.
Ashford, in his counter-plea, should be permitted
to wage battel. For the said coualer-Plea 6 in-
sufficient. and lie is not bound 1•P•1he law of
the land to give in any answer thereto.--
But nevertheless he with, that before wad at the
time of issuing the said counter-plea, there were
and are, lie following strong ',roofs and violent
presumptions. that he is not guilty of the nukrder
and felony charged against him by the said oft of
appeal. That is to say—that, at the time the said
Mary Ashford went to the house of the said Mary
Butler, on the morning of the 87th of May, as
above set forth, she went there alone and unaccom-
panied by the said Abraham Thornton. And he
farther says, that she left the house of the said
Mary Butler. at about a quarter after four o'clock.
without him. and proceeded- from Erdington to-
wards Langlty, in the county of Warwick. A short
time after she left the house of the said Mary But-
her. sit.: was met at a short distance from the same,
is • direction leading from Erdingtrin towards
Langley, by one James Dawson—the said Abraham
Thornton not being then hi company withiter,•por
in sight. And in a short tune afterwarderroltalloin
the space of a quarter of an hour after she left Nee
house of Mury Butler, she was met by one Thomas
Broadhurst, crossing the turnpike-road from Lon-
don to Chester. She continued her course along a
-place called Bell-last, towards Langley aforesaid,
ahe being alone at the time. And the said Abra-
ham 'flioniton farther says, that at the said se-
weial places where the said Maly Ashford was, aa.
o,furesaid, seen by those two persons, the said
toad was broad and straight for a considerable dis-
lance. to :hat if he had been there he might have
been seen. if proceeding in the same direction with
her. And he farther says, that, on the same MCtflk.
log of the 27th of May, at half-past, or to tatitysfive
tnitsutea utter four o'clock. he was met be the M.
lowing permits, viz. Win. Jew gs, Mahlia Jen-
atings.audJohn Hayden the younger, being persons
with whom he had no sequaintatice, while walking
in a tine that led from Erdington to Castle Brom*
wick, which was the direct way from Erdingto•
to the house of Appellee's father, where he re.
sided—end the said Abraham Thornton was
then walking very slowly. leisurely, and cop's
pettedly, along the said lane--and did not appear In
any degree of confusion or dltOftllef• He farther
saith. that he stopped near the farm-house of John
Hohiblig—atirl, when he went a mile flom that
fasrm-house, he was seen by John Holding, still
walkiug its the same direction from Erdington to
Castle Bromwich. It was then about tire in the
anorniiie. lle was well acquaiitted with the said
John 116111161 g, and conversed with him for the
space of a quarter of an hour. after which
he parted from him. and continued to walk
toward+ the house of his father at Castle B -
wick. And the said Abraham Thornton farther
that one John ‘Vixoleock saw him and
John I loldiog flop anti converse together—awl he
war afterwards seen by one James White, at half-
an-hour or irt minutes past live o'clock. at Castle
Bromwich, when lie was walking slowly and lei-
surely towards 104 liitlwr's house. And lie farther
saith; that the distance from the house of the said