The Sun.
London, England, 1823-11-01 00:00:00

THE MURDER OF MR. WEARE.

TURTHER PARTICULARS.]
Ruthven the officer, having in. custody John
Thurtell and Joseph Hunt (whose examination at Bow-street
has already been reported in our Paper), arrived at Watford
about five o'clock on Wednesday afternoon. The Magistrates
meanwhile had been most actively engaged in procuring evi-
dence, and by ten o'clock that night were prepared with a mass
of testimony of a very strong nature. Probart and Thomas
Thurtell were not brought from St. Alban's. The other two
prisoners were kept strictly watched in separate rooms,.at the
Essex Arms Inn, where the investigation before the Magistrates
commenced at half-past ten. The prisoners were not brought
into the room, it being thought best to keep them ignorant of
fie. entire evidence against them, at least for assort time.
Mr. Philip Smith and Freeman having stated the facts already

report ed
Elizabeth Freeman was called, and being sworn, stated, that I
on Friday night, a little before eight o'clock, she saw two men
in a gig, in Gill's-hill-lane.
John Herrineton, labourer, sworn—He was at work with Ro-
bert Hunt In alyeat six o'clock in the morning
of Saturday last, when two men, one of whom was tall, and
wore a white hat, and the other a shorter person, with large
black whiskers, passed them. When they had proceeded about
ten poles, they stopped, stooped down, and appeared to be
grabbling" in the hedge, as if looking for something they
had lost.. In about five minutes they went further up, and
turned back ; and as they passed again, one of them told
Hunt he was capsized there in his gig the night before.—
Hunt asked the men in the whitehat If he was hurt himself,
and he replied, " But little." On being asked if the horse and
gig were hint, the tall man said, " No, the gig did not go over,
nor did the horse fall." The same morning witness found a
pen-knife on the spot where the men had been looking, and
shortly afterwards, on the same spot, he found the pistol,.
marked with blood, &c. At twelve o'clock the same day, the
same two men came again down the lane, in a gig, very neatly
dressed, and both had black hats on. They ' looked hard"
at the spot where the pistol and knife had been found. About
htlf an hour afterwards, Mr. Probate, who occupies Gill's-
hill Cottage, carne down the lane alone, and asked some
questions.--(The conversation did not bear upon the case.)
Richard Hunt was sworn, and corroborated the testimony of
hie partner, adding, that the man in the white hat said, " The
lane is ad— nasty dart: place ; as dark as the grave. I way
corning up here last evening, and was capsized cut of my glg."
'itness asked hint if he had hurt himself, and he said No ;"
but he had lost a silk handkerchief and a pen-knife, but he had
found them both. Witness asked if he hurt himself or horse,
or if the gig was broken, and he said, " No, it never fell."
Witness said it was a queer thing that he should be I
cap-
sized out of his gig without 44 falling„ They went away

without answerini.
Susan Anne Woodroffe servant to Mr. Probart, at Gill's.
hill Cottage, stated that 'her master came home about nine
o'clock or. Friday evening last, with two gentlemen.
The The
same two left the house at ten on Saturday morning. y
were out that morning about six o'clock, and were gone about
half an hour. The two gentlemen did not go to bed on Friday
night. Neither of them came through the kitchen that night.
A gardener in the employment of Probart proved seeing the
two men go out together towards on Saturday

morning.
JaMes Haddis, aged 13, sworn—Had lived with Mr. Pro.
bare seven months, and looked after his horse and gig. Last
Friday about ten o'clock at night, Mr. John Thurtell came
to his master's house in d gig alone. It was a dark grey horse,
and a dark iireen and black gig. The horse's head was leading
front Bader s.green when he drove into the yard. He had a
great coat on of a light.colour. His outside clothes did not appear
to be dirty. In half an hour, Mr. Probart came in with another
man. Their is came in the direction front Radler. Ile saw
Mr. J. 'Thurtell~ inside clothes and boots on the following
morning, and they were covered with dirt—they were " nothing
but dirt." On his great coat were spots of blood; middling
sized drops. The gentleman with Thurtell had large black
whiskers. He saw the other gentleman rubbing Tburtell's coat
with a wet sponge. This was in the morning. Saw no blood
on that gentleman's coat. The gig in which Mr. Thurtell came
appeared very heavy, as if it had luggage in it. Thtutell never
said any thing to him about an accident. Thurtell was wiping
himself that night with a sponge in the stable. On Sunday, as
witness was coming from Mr. Nicholie's, he saw several
" lumps" of blood on the dirt-heaps, and two holes in the hedge
in Thurtell broughtl a .sponge with him.—
There was a bag in hie gig, with a brass padlock, and that the
two men took away with them on Saturday morning. They
came again on .Sunday, and witness went up with them
and his master on Monday. He was taken to the Coach and
Horses, in Conduit.street, Bond-street, and left there by Mr.
Probart, who was to return there in two hours ; but did not
earn e backlit sdls The gray horse and gig seemed hired.
The prisoner Joseph Huntwas then called In, and Mr. Noel,
who attended as solicitor for the prosecution, told him that the
Magistrates and he would feel it their duty to put some ques-
tions to hint ; but it was tit he should be warned, that he was
not bound to answer a sinle one unless he chose, and above
all, he was not at all bound to say any thing likely to criminate
himself. With this warning, he of course would exercise his
own judgment. The prisoner then underwent a very long in-
terrogation, and answered every question freely ; but as he
• afterwards made " confession," which for reasons hereinafter
stated we do not publish at present, it would be injustice to
those who are implicated by the confesldon, to give tint one
statement without the other. They ought to be read at the
same time, and compared with each other.
John Thurtell was next called, and received the same warn-
ing, and also underwent a very long interrogation. When it
had nearly closed, he was asked if he ever carried pistols, and
ste:/ he never did.; Being pressed, he said he found a small pis.
tot on a bank near Probart~ house on Sunday morning last.—
Ruthven found it upon hint. (Ruthven produced it.)
Mr. Noel said he had already cautioned the prisoner as to
his answering questions, and he was now about to put to him
some of a very important nature t" Do you," said Mr. Noel
suddenly, " know Mr. Weare ?"—Prisonerfirmly)—l do.
Do you know where he is ?—I do not.
When did you see hint last?—Oa Tuesday, last week, was
the last time.
Did you see him last Friday ?—No, I did not. I did not
meet him by accident on Friday, in the Edgeware-road.
Mr. Noel—Now Mr. Thurtell, you have said you found
this pistol near Probart'~.; what would you say when I tell you
I can produce the fellow to it, found within a few yards of the
same spot ?—I know nothing about that.
The pistol, still with the blood and hair adhering to it, was
then slowly eeposed to the view of the prisoner from the paper
in which it was wrapped, and his countenance and manner un-
derwent a change too striking to escape the notice of the must
careless observer. His complexion, naturally wallow, assumed
deadly inde, and he appeared to shudder and shrink back-
wards at the sight of the weapon, the state of which, however,
it should be added, was such as to be likely to produce a strong
effect upon a perfectly innocent man.
The pistols were then compared. They were of the same
• size, notch had " Hill, London," engraved on it, and they were
numbered end 3. In the make, ornaments, and every part,
they exactly resembled each other.
Mr. NOEL—I can tell you, Thurtell, Mr. Wears is riot to
found.
Thurtell— I ant sorry for it; but I know nothing about him.
The prisoner woe removed, turd the labourer, Herrington,
who wee placed in the room, sre positively
him that
on he was the
man wile wore the white bat`,
to
, acid spoke Saturday
mornitea
William Rex worthy, of N 0.4, Spring-gardens, hilliard•room
keeper, sworn. Ott Thursday last sa w John Thurtell and Mr.
Wears, of Lyon's Inn, at his houut, together. Mr. Weare said
then, he was going out of town with Thurtell the next day, for
a few days' shooting inn Hertfurdshire. On the following day,
M r. Weare called upon witness about three o'clock in the after-
noon, and said he was on his way to join John Thurtell, in the
Edge ware-road.
Thurtell was recalled, and persisted in saying that he had
never seen NVeare since Tuesday or Wednesday at the latest.
H runt was recalled, and after some questions was shewn the
two pistole. Mr. Noel, after acquainting hint with the manner
in which they were found, addressed him at some length, and
desired him to retire. In a few minutes lie sent for Mr. Noel,
and namely after he was again conducted in before the Magi•
strut, and made a very long statement. When he had finished
it was past nine o'clock, Yesterday meriting, the investigation
having continued without intermiseton through the night. lie
concluded by offering to conduct the proper persona to the spot
where " the body of Mr. \Vetere would be found." At this
period a gentleman who had attended, and taken notes of the
whole proceedings fur the Loittlon Journals, was about to quit
Ow room to make urrangemente for following the parties in
search of the body, when he was called back,and informed by Mr.
Clutteibuck, the senior Magistrate, that Ire was perfectly at
liberty to publish the whole of the proceedings, with the ex.
e*tien " the confession," and that, the Magistretes de-
sired, should not be published, as they considered such a pub-
lication would be exceedingly improper.
The Reporter said he was extremely sorry to be under the
necessity of settling that he must refuse a compliance with the
mandate just issued from the Magistrates.
Mr. Clutterbuck said, the confession, if published, would
prejudice the persons accused before trial, and it must not be
published.
The Reporter said lie was unwilling to prejudice any man,
especially one Inhourhig under so heavy an accusation as the
present ; and if he thought that the publication of this " con.
telsion" would operate to the injury of persons accused, he