The Sun.
London, England, 1824-01-07 00:00:00

don' t know what I said ; I believe I said we had been netting.
Q.. Had you a white hat when you went into the lane on the
followliig morning ?—A. 1 don't know; I think it was a black
one ; I sometimes wear one, and sometimes the other.
The examination was then continued in questions, which led
to the following answers :—I think Mrs. Probert put the gold
chain on her neck which Thurtell gave her. When she spoke
to me about her uneasiness as to what had been done, I did not
communicate any part of what I knew to her. I did not know
that the sack and cord were in the stable until Thurtell told me
to go and'fetch them. I never was in a scrape of this kind be-
fore. I was never charged with felony. When I was in the
Ring's Bench I was charged with taking silver out of the till of
man who owed me 1001. In consequence of this charge I
was sent to the House of Correction ; I have been in Here-
fordshire ; I was not charged with sheep-stealing there ; I was
accused of buying skins which were afterwards claimed as
another man's property ; this was not being the receiver of
stolen goods; nor was I sent to prison for it. I have passed
two or three years of my life in the King's Bench and the
Rules for Debt. I have been in Horesemonger-lane for felony,
and in the House of Correction. I was committed under my
bankruptcy for not making satisfactory answers to the Com-
missioners ; I never got my certificate ; I owed two or three
thousand pounds, and never paid any dividend ; I have been
brought up five or six times under the Commissioners' warrant.
—I have been discharged two years ; since which time I have
been doing business for my brother in the Strand, in the wine
trade; that has not failed yet ; I think Hunt had a white hat.
The first time I saw Mr. Barber Beaumont was at the Cock in
the Haymarket; I never mentioned to him the threats which
had been made against him. When Thurtell came down to
my house I was obliged to introduce him to my wife. I knew
he was making love to my wife's sister; I did not think it
likely to come to any thing, and therefore I did not mention
what I knew of him. Ido not know that there was any card-
playing on the Sunday at my house; I do not think my wife
called for the cards; I never saw her play in my life ; I heard
-nobody say it was a bad example; •I was out part of the night ;
I have been in London eleven years ; I am certain I do not
nnow when I last employed Mr. Noel to do any business
for me.
By Mr. THESSTGER.—I do not remember that I had any
.:onversation with Hunt about the night he was to go down with
me; I have known him perhaps for twelve months ; I intro-
duced him to Thurtell, ahout seven months ago, at the Cock ;
1 never invited him to my cottage that I know of. On the
Friday in question I drove him, but I don't know who invited
him ; I did not express my surprise at Thurtell's taking him
down at that dine of night, although he had not been introduced
to Mrs. Probert. Hunt paid for the pork in Oxford-street, end
I have never paid him again ; I believe it was only eighteen-
pence. When Hunt desired me to take no notice of who was
in the gig, I did not make any remark. 1 had a handkerchief
as my share of the plunder ,• I burnt a mark out of it ; it was
a " W." It is very likely I said that Hunt and myself knew
nothing of the murder until after it was committed. I have
been convicted of felony ; but the public were satisfied, though
42 men were not.
[The COURT thought this kind of examination should not
'be pressed, and the cross-examination then stopped.]
Re-examined by Mr. GURNEY.—I was about two Insure
absent from home• on the Sunday evening. After the murder
I did not accuse Hunt and myself of a previous knowledge of
the murder, while we were in custody.
By the Court.—Q You have been asked what answer you
made to Mrs. Probert when she questioned you ; and you said
you had been netting. 'What led to that answer ?—A. When 1
went up stairs, she flew into a passion, and almost cried ; she
said, " What have you been about, you three ? you have been
burning papers and counting money, and dragging a substance
across the garden,"—to which I answered we had been netting.
Q. Did you observe the bed-room windows were open.—
A. No.
[The witness was then conducted out of Court through the
dock.]
Mr. Justice PARK here called the officer of the Court, and
said he had felt it his duty in the morning to commit a man
who had disturbed the proceedings of the Court, and he should
do so again on the repetition of such an offence. But he did
not wish to exercise the necessary power he had in this respect
with any severity ; he ordered that the man in question should
now be discharged.
Mrs. Probert sworn and examined.—I remember the night of
the 24th October, when John Thurtell and Hunt came to my
husband's cottage. I remember hearing the sound of a gig
passing the cottage about eight o'clock. About an hour after-
wards there was a ring at the bell ; no one came in immediately
after that ring. It was more than half-past nine or ten when
my husband came home. At ten I came down stairs, and
found John Thurtell, Mr. Probert, and a stranger in the
parlour. The stranger was introduced to me by the name of
Hunt. Mr. John Thurtell produced a watch and chain that
night; it was a gold watch and such a chain as this (one was
here put into her hands) ; he offered to give it to me, but I re-
fused for some time, but afterwards put it on my neck. I re-
member giiing up the box and chain to the constable, before
the Magistrates, afterwards. John Thurtell and Hunt sat
up that night. When Miss Noyes and I went up stairs that
night we left John Thurtell, Hunt, and Probert in the room
I did not go to bed directly but went on the stairs to listen ; i
overheard whispering, at first I thought they were trying on
'clothes, and heard one say, " I think that will fit you very
well," but all in a whisper; I also heard a rustling noise like
papers on a table, and also like papers thrown in the fire. I
afterwards went to my room ; out of doors. I saw two Gentle-
men go from the parlour to the stable that night; they took a
light and led a horse out of the stable ; after that I heard some-
thing very heavy, dragged, as I thought, from the stable to
the garden ; I heard it dragging for some time, and had a view
when they dragged it out on the walk ; it appeared very large,
and was in a sack. The whispering which 1 heard, and the
burning of papers in the room, was after what I had heard in
the garden. Two men dragged the sack ; afterwards I heard
it noise like that of a heap of stones thrown in a pit, it was a
hollow sound. I heard Hunt say, " let us take a 01. note each,"
and a voice said, " we must say to the boy in the morning,
there was a hare thrown upon the cushion—some one made us
a present of a hare as we came along." I also heard a voice
say, " we had better be off by four or five in the morning ;"
and then I heard John Thurtell say, " we had better not go
before eight or nine." I heard some one say—l think it was
John. Thurtell—" Holding shall be the next." Hunt said,
Has Holding any money ?" John Thurtell said--" It is not
heo_a_ey, but revenge I want ; it is Holding has ruined my friend
tneantnd destroyed his peace of mind for ever." I thought he
nlr. Probert. I cannot answer whether Holding had
nearl aje in my husband's bankruptcy. It was past one, or
Ry/...ar0, when my husband came up to bed.
diev u" any conversation which passed between you and him,
froni °th cornin
, anieate to him any thing which you saw or heard
e winclow or stairs ?
The
suestionwitlie!s shewing great reluctance to answer this or any
'eh seemed to bear upon. her husband's conduct in the transaction, was informed by Mr. Gurney that it was not
ehriistnintention to ask her any 9uestion which could in any way
Gentle to
her husband. "'s our husband," said the Learned
~, :man, "has this morning been acquitted."
n this intimation, which it appears had not sooner reached
f_f e
tProbert, she broke out into exclaMations, and was for
e"enihedune overcome by her feelings. The Court evinced much
eration and tenderness for her, and stayed further pro-
eeenli
awe, ng until she was composed. She then said she would an-
Sunda questions. I had some conversation with him. On
and Hav,:te had company. On Monday night John Thurtell
Cross- came about nine; they supped, and went away.
husband
dewxamined by Mr. PLATT.—I did not know that my
evidence b as to be acquitted of this charge if' he went and gave
collect efore the Grand Jury. I was not told so that I re.
There are two garden gates to our cottage, and
e passing lower down on the left hand side there is
s,tnablstable yard door. In passing from the lane through the
yard to the garden there are two gates to pass. At
the last gate there is a high fence, which prevents any part
‘u,r_
,tl, stable door from being seen from the bed-room win-
.and when the horse was out in the yard it might be seen,
cVia I think 1 have seen the door-way of the stable. It was a
oteaMoonlight night; there was but one sitting room in the
asd, ; the two persons I saw in the garden were my husband
dist' e L_mt--that was the short man. I could not hear very
'
what passed in a whisper. There was a groat deal
‘eanL whirs'apering which I did not hear ; but I speak as near as I
voices
feoto what I heard. I thought I could distingush the
ndeidred 39 lox,the persons I have mentioned. My husband whis-
that I could not hear him, nor can I say that he
prengt,e.r. He gave me no money just before he was ap-
one should He did not tell me what I was to say in case any
mentioned, cop e. I knew nothing about the Holding I have
him in John Tileiuwrtaeallill'sycohmushand's acquaintance ; I never saw
I and pany. It was about 12 o'clock that
went up stairs
Nolyes retired to bed. About a few minutes after I
I heard the hosaw the horse coming from the stable. Until
the house. Our mode
from the stable I heard no one go out of
a hole for them, and of
preserving potatoes then was to make
the pond •it is then cover them over. I did not go near
bottom of co,uldvebrey seensllshallow,
o inw but I. cannot say whether the
every part. I did not go out of
the houie on Sunday or Monday. Immediately upon entering
thegarden
a portion of the walk is covered over ; that part is
dark
garden, walk. I heard a dragging before it came to the
Pond. and thenalk. I heard it in this dark part which leads to the
Cross-examined by Mr. THESSIGER.—I did expect m
husband home on night of the 24th October. not
He had been
ibgent since then Monday morning before that. He did not say
n he introduced Hunt that he was the Gentleman of whom
had
of
heard him speak. John Thurtell asked him to
sing, and I asked him also, and pressed him ; we had no cards