The Sun.
London, England, 1823-12-06 00:00:00

DOMES l'It: EcONom y.

grim PATENT PREPARED BARLEY.
li and PREPARED GROATS, for making BARLEY
WATER. or GRUEL, in Ten.Minntes; and me highly es.
teemed as a nntritions Food for Infants and Invalids; the
Barley makes a delicious Podding, and is superior for thick.
ening Broths, &c.--These Articles having gained the highest
approbation of 'omicrons- Medical Gentlemen of the first
eminence, MATTHIAS ROBINSON, Sole Inventor, has
obtained for the manufacture of them "His Majesty's Royal
Letters Patent," in order to protect the Public front spurious
imitations, as ibe celebrity of his Preparations have•toduced
imprineipled persons to pirate his "Directions fur stet.," and
vend Aricks label), denominated Prepared, but which are
totallydevoid of the superior and efficacious qualities of the
Paten Preparations.
Said in lib. Packages' at Bd. and Canisters at 2s. each,
which have tinder the Royal Arms the word Patent, and the
Signature of. Matte. It,ihinson. They are warranted to keep
in any Climate, and are therefore well worth the attentiOn of
Merchants, Captains of Ships, and others trading to the East
and West Indies, &c. • • •

Sold wholesale, Retail, and for F.xportation, by the Paten-
tee, Matthias Robinson, (31, Red' Lion•street, Holborn, the
comer of Engle-itreet ; Butlees, -Druggists, 4, G►enpside,
and 240,1tegent-street, London; Waterloo-place, Edinburgh;
and Sae1;011e-street, Hut►lin ; and 'Retail by all the principal
Druggist's, firocers, ,Sze. &e. throughout the Kingdom. ' .

VIDOW 'WELCH'S FEMALE PILLS
• have obtained the sanction and approbation of Geo.
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Purchasers are requested to remark, that, as a testimony of
authenticity, rash 13111 of Directions is signed with the
name of

r/ _O7,
--)C.A. ,ea 174 i
ci."

in writing Sold wholesale and Retail, in London. by Wright,
No. 46, Fleet.btreet ; Barclay and Sons, Fleet Market ; New-
bogy and Sons, St. Paul's Church Yard ; Sutton and Co. Bow
Church Yard ; SaiTer, 350, Oxford-street, opposite Bond-
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Greek-street, Soho ; Butler and Sons, cheapside; Godfrey
and Windus, Bishopsgatepstreet and by all Country Venders,
at 21. 9d per Box.
_

sr.« It is necessary to inform the public that KEARSLEY'S
is the only original and genuine Medicine, and has been pre.
pared by them for trio!! than thirty years.

GENTEgf. cIitATINU.—A whimsical writer thus
observes—" Thou bast seen the old women ht
the curd table; she is known to us all! Observe
the intense anxiety of her countenance, her hue.
ried manner, her eager watclifulm NI, her two by
honours' every deal! What is it that prevents
her sweeping every sixpence on the board into
her own lap? Precisely the same fear of cons°,
quences which prevents the notorious pickpocket
from forcing his hand into your pocket : the same

mean, despicable feeling influences both. The
common caution of ' hold up your cards !• soundi
exactly similar,in my ears, to' take care of your
watches, Gentlemen !' It might, perhaps, be :sup,
posed that this sordid feeling is confined to the
old and avaricious., A,las! I ,sincerely wish It
was so. But it is too,evident that it pervadeathe
mintrof the .young and beautiful. At the round
game, ' petty larcency' is committed with the
most unblushing effrontery ; and' slight of hand'
is practised with a dexterity truly admirable.
The ingenuity is tortured to invent little petty
tricks and artifices to cheat with success. Observe

that beautiful girlfingering that shilling which be-
longs to her fair companion, who is busily engaged
in extracting the ace of trumps from the pack !
See the sweet Madonna countenance of another,
distorted with rage and disappointment at hold.

ing the ' losing card!' I have seen a beauty look
absolutely disgusting by the bravo-like manner
in which she bats turned up' ACM' I was once
cured of an ardent passion for a very pretty girl,
by seeing her attempt to transfer a card from my
hand to her own ; the feeling was so mean, so
low and grovelling ! It was level antithesis.'
The pretty rogueb if they will steal, why coin.
mit such petty sordid thefts ? why not aim at
stealing our hearts ? In ,that case,, they will
kindly recollect that exchange is no robbery.'
There it a variety of modes of C killing time,'
much more edifying than cards; but if they must
play, let them play for love Por some such
stakes."

While it was Yet gray dawn, warms' of people
had collected aboet all the avenues of the Court.
A t half-past seven o'clock the floors were opened,
and the greatest part of all the space in the Court
was filled immediately. It is needless to de-
_
s,ribe the kpression of eager curiosity which
took and kept possession of all faces. The boxes
of the Magistrates, and .:,}toss set' amp, for the'
accommodation of the gentry of the county,
, •
(among the latter class tsitere ought lick about
ladies,) were tilled 'last. • At eight o'clock. the
,
,trumpet announced.. the. approach of toe ,
and within a minute or two Mr. Justice Park
took his seat. Before the prisoners were called
in, he gave directions that no one should be
allowed to stand up in the galleries during the
trials. As many as could sit were at liberty so
to do ; but the effect of standing up, as was
found yesterday, would be to stop the circulation
of the air, and therefore, after this noticeotny
one so offending should be instantly ordered out.
His Lordship also directed, that the prisoners
should not be called until the Court was per-
fectly quiet.
The clanking of chains was immediately heard,
and the stillest silence prevailed, all eyes being
turned towards the dock. The prisoners ap-
peared and took their stations--Hunt first, on
the left hand of the Judge ; Probert followed
and stood next to him, and Thurtell took the
place next to Probert, The appearance of all
three, as to exterior, was respectable. Hum and
Probert were in decent black, rather worn
Thurtell iu a blue coat, with fawn-coloured
trowsers, and a waistcoat nearly corresponding--
the whole in a style rather elegant than otherwise.
The general appearance ofllunt was unpromis-
rag--a face of little expression, with nearly a
straight profile—statute of middling height, with
slender proportions. Probert is plump in the
cheeks and corpulent, clear but inexpressive
eyes, surrounded by features the character of
which might be deemed sensual ; the hair, which
sems to have been black, thin, grey, and curling.
The appearance of • Thurtell was the most gen-
teel : his frame seems to be well knitted ; his
countenance bold-7--hia hair
,of a, good auburn
hue, and combed backwardsprojecting brows,
and a. recoding forbhew4asith-an air of martial
' firmness, rather agreeable to the beholder. The
Worst part of his face is his mouth, which has a
very obstinate and rather stupid expression.
The Clerk of the Court was preparing to read
the indictments,
Mr. ANDREWS rose to address, the Court upon some preli-
minary objection, the nature of which did not transpire in that
part which was assigned to our purposes-
Mr. Justice PARK interrupted him by saying, " ) know
nothing of objections nor of Jurymen, until after issue joined
and I know nothing either of objections, or of the nature of the
issue, until the prisoners shall have pleaded."
Mr. KNAPP, clerk of the arraigns..—John Thurtell, hold up
your hand. The indictment Charges you, John Thurtell, that
you, not having the fear of God Were your eyes, but being in.
litigated by the devil, did on the 17th of October last, in the
parish of Aldenham, with a certain ppistpl, value 10s. in your
right hand, then and there held do the left side of the head 'of
Wm. Weare, of the county of Middlesex, gentleman, wilfully
strike and thrust, and make one mond fracture, of which the
said Wm. Weare then and there died. (Mr. Knapp teed the
other counts relating to Thurtell.) , And the indictment further
charges that you, Joseph Hunt, in' the parish of St. George,
Hanover-square, in the county of Middlesex, :before the said
murder, did stir up, move, abet, and counsel, hire, anti procure
the said John Thurtell to commit the said murder. Haw any
you, John Thurtell, are you guilty or not guilty ?
Thurtell.—Notyttilty.
Mr. KNAPP.—HOW will you be tried ? •
Thurtell.—By God and my country.
Mr. KNAPP.—Joseph Hunt, how say you, are you guilty or
not :guilty ?
Bunt.—Not guilty, my Lord.
Mr. KNAPP,—HOW will you be tried?
Hunt.--$y my God and my country.
Mr. Kw arr.—You John Thurtell, you Joseph Hunt, and
you William Probert, are charged under the Coroner's inqui,.
lotion, that you; John Thurtell, did murder William Weare,
and you, Joseph Hunt and Will Probert, as accessories he.
fore the fact. How say you, John Thurtell, are you guilty or
not guilty on the inquisition
not_
guilty.
Mr. KNAPP.—Haw say you, Joseph Hunt ?
Hunt.—Not guilty.
.
Mr. KNAPP,-,-IroW say you William Yrmien; are yoU
gUilty or not guilty P
Probert.—Not guilty, my Lord.
Clerk—How wtil you be tried?
Probert.—By God anti my country,i,
Mr. ANDREWS, in behalf of the prisoner Thurtell, tetiti he
had to apply to the Court that certain affidavits, them prepar-
ed, might be sworn.
Mr. Jay, Mr. Fenton, and another gentleman, then came
forward with a bulky paper, and being asked by the Clerk of
the Arraigns the usual questions as to their signatures, swore
to the contents of the of iii
Mr. Ham sign handedan affidavit to the officer of the Court,
which was sworn to by Hunt.
The affidavit of the solicitors, pUblished in our Paper of yes,
terday, was then put in. The crier of the Court read it over to
himself,. marking it on the several pages, agreeably to a new
regulation of the Court, by which the officer is to be prepared
With a precise knowledge of such instruments so as to be en-
abled to identify them when they may be called in question.
This ceremony being over the deponents were sworn to it.
The Clerk of the Court then proceeded to read it, and having
read RS fitr as that part of it which refers to the circulation of
vie Pintes, and corresponding infruence of such publication
upon the public mind.
Mr. Justice Palm directed him to stop. He knew nothing
of the matter in these alleged publications. However the fad
might be, he could say conscientiously, that there was one per.
son in Court who lied not read one word of the alleged descrip.
dons or animadversionie Some among the Jury might also
remain iArterant of them. Such calumeies, if calumnies they
were, rught have been circulated. even to the extent suited in
the affidavit. Put supposing the fact to be so, and that the
Court, coneurrlng in these representations to consent to the
postponement of the tried wouhi not have the effect of injuring
the very
dveignzeisnetancordttloieusrngpeptobret of.i Vett:lit
btheyeotinfliddwasiiinttwhaesifltasidnntett!lw?
ase.eanui4deili
leis Learned
atei
rt*nteeindts4z;,n6atinilredeagiyi,un.Beore.
professional
ittlinii:stion4pecOabliraecrVity
orti OAI to
nthde„rwX
to say, whether they would IrCnigt
aieldvaileeekOdret7enCod:
A 14 TillEWs,
AVhile the remainder of the affidavit was
e pro n respect for the
reading, there would tune fur
ex tb them
rtoopcodneoutlt.
self and Lstar:edn'Fbralednatna hail repehtiteidmiyvdd4ehliirrelratitletiltluhpionn‘"
the step new (44,4 and utter giving the gravest consideration
to the subject, their Gould give no other answer to his laird,

ship's kind euggestiou, but respectfully to reitutre that the atil:
davits should he read.
Ur. Justice Pant:.—That is (pike enough ; I beve not an-
other word to say, let the consequences fall as they may.
The Clerk resimiLel the reading of the affidavit, and having
came to that part of it went to spectre' the play.biiit of
the Surrey Theatre, some of the bills were produced.
:11r. Juetice Pattiz asked if the bills' were exhibited at the
tine of Swearing to the depositions.
The answer was in the negative, but that the deponents had
them in hand at the time of, wearing.,
.Mr. Justice Peas said that that was not sufficient :fur the
purpose. The deponents must swear to the papers.
The deponents were again :sworn aeeordingly,
Mr, satins: Pattie- directed that the prisoners should have
seats, am! be supplied 'With /MI, ink, and paper.
'l'ltnr:cii made the leneiest use orals latter privilege, and tie-
calionelly stooped (loan to
.solect from a COnSidtl44 11::41) of
Newsietperti which lay he Corte
The. 4,4liniM:6f.thaecifislisiljtt4iteentitx with the pley.hills And
extracts from the painPlikts to vv.-Melt. reference IS ritudo is tire
elepositione look eup more than an. hour.
31r, A le Li IttiVe thAn.toSc.--att a Court had heard :he
wiv;.new-able (ii:4oireiate the effects which inieht
likierbeese444kttfitin'-,l4Nretettkrbelk,si,Ntiee.W__ soil up,.
'tire itnpartiality Orinleithen7anit7‘WtrtirtatliNfo-7; ,ex.
peeled from those, to within . it inireeted the eiecaloti,
sacred purposes. Here it Was plain that those purposes had
been assailed, the righteous intent of the law defeated, and the
interests of public jestiee grossly endangered by representations
calculated to lead to the most unjust eensequences. And this,
too, in a country where it was the boast anti glory of the people
that the administration of justice was more pure and impartial
in all its offices and functions then in any other on the face of
the earth. That this wag's° in the execution or all the duties
connected with those offices, lie knew ; and he had also the
pleasure or knowing. diet one great example was now in hie
view, 'of high judicial officers who would listen to nothing,
who refused to have any understanding for any matters con-
nected with the trial of criminals, excepting such as came in
judicial form bet4re the tribunals. Still, though it was not
possible for the enlightened mind of his Lordship, tried and
established as it wits in right views anti habits of searching anti
judging, to be affected by such practices as these recited in the
affidavit, it was not impossible that the minds of common men
should have been affected by them. His Lordship's good sense
and excellent descernnient were safe; but it must be well
known that with commoner men, engaged in less consequential
pursuits, upon an extraordinary case like the present, when all
were greed
yof whatever 'information they could obtain, and
every one foinied sonic opinion upon the information received,
from whatever sources derived, that first impressions once taken,
.it was next to impossible to root them out. Ile said this in the
outset, to Meet the remark made by the Court, anti to show,
that however his Lordship's comprehensive knowledge might
secure him from that danger, the same inference could' not be
drown with respect to men or inferior note, of lower education,
and less judgment, and much mare strongly did his arguinent
beer upon the public at large. He reminded the Court of what
had occurred yesterday, when he had occasion to represent
that since the 24th of October, the day on which the
terrible circumstance occurred which gave rise to the
present trials, not once or twice, but day after day,
ti ioge pad been published, which, by the request of
1 the Magistrates, ought not to have gone forth-.-those Magis-
trates continually, but vainly, entreating and requiring ()revery
man seen with a pen in his hattd, either not to publish wliat wee
witnessed, or at least to publish every thing fairly. The press
lied been teeming, not merely with publications of facts and
circumstances, such as the law Was supposed to countenance
(though for hie-pert lie very much doubted whether the law
did warrant the privilege planned and exercised), but those filets
and Circurnetances accompanied with comments, rellections,and
criticisms; all going to fill up the outline of that skeleton, if he
might se speak, of original matter of evidence, end so in the
slats tneeeejodge. the grerit Ticstion which.*.hunianitysof
the law had reserved for the higheet tribunals.-namely, is the
prisoner guilty or not guilty ? It was a maxim in this country
that not only must justice be easily obtained, het justice must
also be Speedily obtained ; and as a proof how strongly that
principle inhered in British jurisprudence, they were now sit-
ting under a new regulation which the Legislature lucd derieed
in order to the More speedy attainment of justice. It had 41.
lien to him, notwithsunding, in this country more eminently
favoured than all others with the means of speedily effecting
the just purposes of law, and ahile acknowletling that supe-
riority and glorying in it, that according to the ordinary con-
struction:of men7s minds.-,,according to tire constitution of our
common nature—those who would have to try the cause
could not come to it. were it now to take place, with
unbiassed and unprejudiced minds. Ile had before atlinitted,
that so fur from the enlightened mind of the presiding Judge
being within this danger, his Lordship would have as great
difficulty in rooting out the sound principles which usually
guided him. The difficulty with others was in rooting out the
tint impression, though it was of injurious tendency. This
was so well ascertained, that in a recent instance, one Judge,
of veryfireat excellence in his rank, lied, on account of general
and injurions preposseseion, granted the delay required on
dint very account. Had he not then good grounds for the ap-
plication now submitted ? Having shown that of 10,000 copies
of it work moat ingeniously contrived and got up, 6,000 had
been circulated in Hertford county ; that the books had been
brought home to the very doors of those men who belonged to
the classes from which the Jury in all likelihoed would be,
taken ; and that the contents were calculated to till the ininds
of all those, classes with disgust and preposstatsiens against the
prisoners at the, bar. Wes human nature not the same in dif-
ferent parts of the same county,—was it altered, and if so, how,
wherc, and at what time had the Change been worked ? I.
,had the public mind been disentliralled,froni that power which
the press so dangerously held over it ? Was it not in the memory
Or till present, that a case occurred in which delay had beets
allowed on account of prepossession and prejudice? Was not
that deemed a sufficient reason for granting delay ?. Had he
not furnished the Court with grounds as strong as any which
had been laid before the Coutt on that occasion, for granting
delay ?
Mr. Justice PAVIC—TiII when do you ask it ?
' Mr. Annex:we would come to that point directly. He re.
glared that the trial of this indictment should be put off till the
next Assizes; or, it' that coulttnot be granted, for such time as
his hardship, in his excellent judgment, should deem sufficient
to remove those prejudiceswhich, as lie had shown, made it
impossible at present to obtain an impartial trial, It was for
hie Lordship, and not for him, to determine what length of
tune would be necessary for the attainment of that object, He
implored particultir attention to the situatiou elf the tinfortu_
nate men-e4hut out from any communication with their legal
advisees flsom the time of their comMitment until the 20th day
of November, and the press teeming with publications in their
prejudice the whole time. He knew nodung, nor did he pre.
some to scan the motives of the magistrates in making that
order. As they were honourable men, he had a right to imp•
pose that their reasons were good; and, at any rate, he was
convinced that they acted conscientiously, in not suffering legal
advisers to confer with the prisoners. He himself could not
understand what reasons theee could be for preventing any
man, imprisoned for any charge, from enjoying the most un-
restrained, communication with his advisers and friends. Hitt
it was of more importance to observe what had been the opi-
nion of the Judges opon the subject when it came to their
knowledge. Immediately on hearing of it, they sent down
their mandamus, cortiniandirx the restoration of the suspended
rights of the
,pritionere, being persuaded, in their superior
judgments, that the suspension of those rights WAS dangerous
to the interests of justice, and in the higheet detpte prejudi-
cial to the metals which the prisoners ought to have to pre.
pare tbr their defence. Not only bed they suffered from
premature and purtial publications in pamphlets end news-
papers, and this suepenston of their joist and legal rights ; but
play-nillg and infamous placards were seen upon the walls of
London, blazoned with the most glaring and attractive atone-
tees, calculated to excite curiosity in the rodent, and then to
fill them with horror and disgust towards the very men now
put on their trial. And this was tnost particularly effected in
the town and neighbourhood of Hertford--close to the hall of
justice,. where the attempts to pollute tier sancta try Were most
of ell acttve, lirepoisseseions were bespoke in the very lere-
cincts from which the Jiiry toast be taken, in A manner which
put it out of their power to come to the trial with pure and un-
blassetlininds.

Mr. Justice-P4t 11,X assured the Counsel that be had done all
in powerhis, to prevent rho efrects of any such prejudice, by
can,ing the Jury to be selected front the 111011 t distant parts of
the-county.
Mr. A.stniticws was convinced that every thing in hia LW-
ahip's power to do hut been done, so that these trials tniet be
realty imparthi ; ,bat he would, with the fullest respect or hia
Lordship's endeavouts, venture to ask, with what of

•
Could his Lordship Judea of that which it would hi...lmpossible
to find out with el:n(lmm ? -Could he ascertain to the satiefee.
don of his own mind to what extent the prejudices had reached?
Could he be sure, in a case of this extraordinary nature; coh-
cerning which all pereorts were hungry sifter information; that
the statements which had been furnished had net efirried prepos-
sessions into' the minds of some of those who Were exiled 'stem to decide ;the 'question of 'guilt or in, tence ? (,pee ef the
ablest men that ever lived, ,whether considered as a statesman
or a phiceropher, found occation to say—".l,tt a stn,7
la false and incredible be repeated every. d.ty for a year, in
the ears of than who at first refuses to give credit to it, and
by the eed of the time he will bell .ve ,:tietly tit '. teexim of the great Burke to the ordinary occurrences and events
of life—Apply it to this most. remarkabie occurrence, and he*
fearful the consequencos ! Uneaten a little better.retd in the
statementi, or a little more conceited' as to his knowledge of
them, meets the company-in the evening, sod tilie leis imptisie
tive and more ignorant neighbour with feetelui peehenskets.
...These were the grounds of his application .feeetteleyerethere
notes he time giver, to Not sari the. preeint fitepK4eetitifia and lively disgust mist(' against theprivonerN; before they could be
justly tried. Was he'to he asked fer instenese b. which such
delay had been ;!rant. tt ? There had been one 'tbecerrence of
the kind lately at York, in which the Judge rimier, aiding'in
the other Court had thought that the Ifrounda wirtelt he now
alleged were so important HA- to,justify the peetpertenteet. ]le
had proved enough, in Nhewing that untleo .coureee hart been
taken in regard to the prisonere, and that the.l', ivia.prehability
that the poison of misrepresentation had crept into the minds of
those who were to pass their verdict towel their rives.
Mr. JUstiee PARZ maid, that the Lemuel Counsel intent
.to assimilate the Css(' et York with the present, he was entirely
micaken in it. The.cale was no more like, this titan any other
case which could be mentioned. in the York cave the most
flagrant and direct attempts were made -epee the persons who
composed the pity. Bills.were printed end blinded about the
neighbourhoot , bespeaking the concleinnittion of the pri-
soners ; the streets were filled with cries to the netne effect much as, " Make way for the witnesses against Win. Mend,"
and others as bad, which tended to the most dedared and open
perversion of justice.
Mr. Awrineews justified his statement by the contents of the
reports made of that case.
Mr. Justice Pane said, that lie could bear of Co reports
against the authority of the Judge's notes, which he had read
over attentively.
AstanEws said, that he nittin, with all inunility, con-
tend, at least, that the case showed that prejudicial publican
dons and statements were considered to be a good ground for
the po'stponement of a trial, But why need ho cite eases ? Was
there seer a ease which resembled tine, either as to the degree
of public sensation, or the power used by the press in raising
and exciting it ? This was the ground tot asking--not but that
any juror empanelled might be us pure as his lawciship, and,
according to the rights Of, his understanding and his general
capacity, be prepared to decide as honestly; but their inferior
education, the realm of their circumstances, and every thing
that belonged to their condition, aided in preventing them from
rooting the prejudices and feelings Which the puhlications
must hate imparted to their minds. Ile would appeal to the
Court, to hear what would be the danger of postponcinente—
Could the ends ef justice he either compromised or defeeted ?
Was the preetelent to be deemed 80 nrwous 1/5 to rt quire that
the application should be refused ? de.appreltentled not—he
apprehended that the gravest duty of a Jtitige was to edininiater
instice with an equal hand, without feeling too much interest
fir the prisoner to prevent hint front fully considering the into.
rests of the public. What did he ask but delay, and that only
for two short months ? Could the public inconvenience be so
lgreat 115 te jw.tify refusal ?•7Cotildelre public mit:chief to be a,
rehended be a sufficient 'reason V Ile wus convinced this coulgd
,not he; because; brit for the additional :naive which had been
appointed for the general interests of justice, thc month of March
would have beim the proper time for these trials.. Then look at
the sittuteion Ut' the pritionere: let it be enesidered how unfortu-
nate they were, besides being among the taril' in ste r cot which fell
within the new regulation, in the setting of Knell a stet Ant of prc-
judicial statements against then,. He could not doubt the wis-
doin of the Legislature in appointing the third assize ; but it
roust be owned, that in this penicillin. carte, attended with these
extruordinery eiremnstanees, that which had been designed,
anti wisely 30, for the interests of jllstietis Ir‘ir likely to operate
harshly upon then'. What other argument could be brought
against his 'application P " Why," it might be said, "do it
new, and you may put any trial off by proving that the facts
have been previously published in the newspapers." He rip-
prehentled that such a case would nht occur ; he expected that
the stage and the tires, would never be put itt action in the same
manner again, to the detriment of public justice. Ile expeited
this ronsequenee from the proceeding ot' to-day, especially it'
the Court should assent to the reasons which he had adduced.
As it was, he Apprehended, that the -comments which would be
made, by his Lordship upon this most tiangerans practice, to-
gether with all the various declarations !bid) were likely to be
elicited from other gutters; would so operate, that no such in-
justice would ever be done vain. fie hoped that he had drown
sufficient grounds for granting the delay which had been falkiAl.
Mr. Ott IiXEY then put in a short affidavit front Mr. Nichol-
son, the Under-sheriff, denying the expressions Attributed. to
hint in the effidavit, and admitting others, which, though put
eepatbetieelly, might be supposed to lead to a harsh concu-
sion upon Thurtelfs case.
Mr. A wttn ewe thenked his Learned Priend fir the upper-
Utility of ehowing the effects which hall been wrought, when as gentleman like the Under-sheriff; man °flaw, with consider-
able professional experience, and great knowledge of the world,
could suffer front them. lie, being it Minister of justice and
legal agent, found the doors of his mind so locked up by pree
jtitlice, that he could, by no means agein open them, to the ape.
ration Of 'contrary conviction, but felt himself compelled to pro.
flounce upon the guilt of the prisoner before he bud been
brought to Wei.
Mr. PLATT spoke in the sameargument. It was not enough
to *how that in the case done or two persons likely to he called
upon the Jury, there had been no prejudice !Wiled nor was
it enough that one or two persons should feel' satisfied that
no prejudice bad been worked ; the. publics mind, in the go."
neral 'tense of thin expression, most be eatiefiedethist the
priioners were brought to a really impartial To show
this was impossible, after the going forth of *riled state-
mews, and the publication of heated anti prejudicial Amts. The time which had boon asked was ineoneiderable—
only three abort months ; the object was of the deepest import-
Airco to secure the purity ofjuatice. One exemplary itietsince of
the power of these prepossessions had heen hut now Ibmisku`d
to them. fle cared not, for his arglimet;t, whtt'iier the cattail-
sions of the tinder-Sheriff were hypothetical or not. it plandw..
evinced what was to he eepected Prom tnintle .lette eaperienced
and relined, and therefore leas worthy to be trusted. Still,-'he
hail is higher authority than that case afforded him, to show the,
power and extent of the prejudice. IliaLonitthi had foti
/I necessary, in the exercise of' his great judgMent,p to colic' urtet •
Jury trout other and .more distant parts of the country. That
wax the strongest argument which could he. urgers favour of
the application. There was fear in the mind of the Judge that
theprtsoners would not, without dun precaution, 114V0 a fair
trial. What had the legal advisers of the prisoners done to coon-
the parties engi?ged in this mode of counteracting
teract thiaprojudice? They bad done all in their power-41
the due ad-
which the Jaw empowered them to do, to expose atel plinieh all .
ministration ofjuetice. Vrom the time whe.n they had cognise ttee'
of these transactions, and from the time when they had access
tie
their client, but !leiter+ of the term remained unexpired. During
those eight days, Counsel had been oecupied,in tiling erfotieal
informations against the offending parties—egaiust the Public
prep.i_against tile thestree. Now, see the. advelitegs of this
nuepension. Public justice will have time to act
onether term
Will allow the Counsel for the.prieonera to entio, ita ibr poseible,
the mischief which at present operatic. It is true that under
any circumstances, and almost at any tittle, a prejudice must
exist against the ,prisoners front what has alreedy, occurred
but ;till if a reasonable time be allowed for the counteraction
of what}Net beeh done, the punishment of the parties who have
impeded the course of pohlte justice will have some weight in
securing an impartial feeling. The strong arm of the law wilt
have its forte—the intervening time will have Bard its weight, end prejudices will have subsided. He did not mean to say
that those who necessarily incur:cliche imputation ()ribose pre-
judices, were culpalde; Indeed, if culpability could be *scribed
to them, he knew not where he mold step in casting the impu-
tation. What individual in the county—what individual in etie
kingdom, he might edd— had not ;cad, end nutting bad nut
felt the operations of the itatements which kad, been 140
rwualy disseminated ? In that very town, Of one publication
alone, no leas than ti,Q(lO copies conk! be: proved, to have ,been
circulated hoW many snares of others, all. tending tn. the: rustic
excitement, it was impossible to say fact,. there was IMP
jury in the kingdom which could hew be .empariellitl;• that it
would not be dangerous ill the prisoner* to appear beiota-.lle.

1

meant dangerous, from the natural effect of the excitement
which had been so unfortunately excited. Ile did not mean
to insinuate that there was any certainty of an unfair trial, but •
seemly that there was a danger of it. Under such circum-
stances, he called upon his Lordship to secure to the prisoner the
fair trial to which, as a British subject, he was entitled. lie
WAS not aware that he could offer any further remarks in ad-
dition to those so ably charged •by his Learned Friend (Mr.
Andrews); but it did appear to him, that he could not sit down
without most seriously calling his Lordship's attention to the
.ittiation in which the prisoners stood. His Lordship, indeed,
fek that strongly when he made the just and true remark in
his charge to the Grand Jury yesterday. It was not alone the
Jurors so whom that remark applied ; in fact, there was not
an Individual in the county, nay in the whole kingdom, to
._whom it had not reference. He was the more anxious to press
these observations nip) the Court, from the particular nature
'eef the indictment : I,ordshipknew,.that this was a case from
which, if conviction followed, all mercy v,,as Shut out ; the
resat was not only easy, of anticipation, but solemnly and
irrevocably prescribed by the law—certain execution must
speedily follow upon conviction. In the same proportion that
tree danger °file prisoners was imminent, did he call upon the
Court to pause and weigh the prejudice under which they
eeffered. What he asked was not alone on account of the prt-
roterS, but on account of the public. The administration of
tlse law must not only be firm, but also calm and dignified.—
tif what vane, then cottld any verdict be, which must be
tinctured with prejudice? It could tend to no public advan-
tage, but to quite the reverse., He implored, then, the Court to
put the prisoners upon theirtrial when they could he assured of
Having an unprejudiced jury—at least one unbiassed as far the
nature of the case permitted—Ruch a jury as, in conclusion, he
-humbly submitted, the prisoners could not reasonably expect to
have at the present moment.
Mr. Currcv faluwed on the same side. He commenced
by impressing strongly upon the Court, the violent effect
of the public excitement which had taken place in this
cause. That excitement was, from the very nature of
its operatitin,
.general. Who could draw a line in society,
4:which was to set limits to the poisoned, effect of the publi-
cations which had gone forth ? Who could say where that
*Non ceased to flow, or where it had not tainted ? Then how,
he asked, were the prisoners to have the constitutional mode of
. trial to which by
.law they were entitled ? The Jury empa-
nelled for such a trod ought to cane prepared very difibrently
for the performance of their duties. 'When he alluded to the
e-prejudice which so unfortunately prevailed; and naked the post-
' ponement of the trial, he did not mean to say that the trial
ought not to be,speedy ; he desired was, that it should. take
place when the minds of' men were ably, coolly, and dispas.
sionately to try the indictment. Criminal informations; had
already been granted. against those who had prejudiced the
public mind against the prisoners. On what principle did these
• criminal informations proceed? Upon no other than the pro..
bable influence which necessarily arose cut of the bete which
these informations inipagned. This was distinctly avowed in
si judgMent pronounced in the case of the " King v.
It was the statement of evidence given before a Coroner's Jury,
and where no malicious motive could be imputed to the party
publishing suchstatement; and where, in fact, those who pub-
bests; it deliberately, cautioned their readers to exercise their
own cool judgment, and not be led away by a hasty and too
implicit perusal.
Mr. Justice PATIIC.—What do yeti read, Mr. Chitty ?
Mr. Cii IT Y.-My Lord, I was .reading, or about to read,
the remarks of Judges of the Court of King's Bench, epon the
case to which I referred, and particularly what fell from Chief

Justice Abbott. .
Mr. IlltitiCe PARK.—You were not here yesterday ; indeed
you could not well have been, when I stated to the Grand
JOry my, most decided opinion,. that the publication of evi-
denee before trial, of' that which must afterwards comic officially
before a jury, and especially publishing with comments, was a
high misdemeanour, punishable by fine and imprisonment. I
think these were my words.
Mr, Cirri" sit resumed, lie knew well, he said, that such
were his I..nrdship's seotiments, and that his upright and rea-
soehig mind would levet the influence of such ex-party
im-
Pfessiense•, but he also hnew, that with the public ,ut large the
:transition from the inflammation of passion to the coolness of
reesen WKS, gradual.; Besides, one half the Jury empanelled
on the peeeent 0 :.t lion voightnot have heard one word of his
Isirdshtt's charge, and consequently lost the benefit of his hu-
Mane and just admonition. It wits, therefore, upon principle
that he tirgEoli the .iroteetiote of his client from the weight of
.prejudiee which enesirrentssed hint. He did not mean to
argue the mere Oleg:ale/ of such publications, but to call the
attentine of the Courteuktlis principle upon which they were re-
Ar. ostisa3,7layley, also, in the case to which he
bed ittre;led, enlarged Upon the great importance of necuring to
prieouer triet wittioat prejudice--free from ex-partr infiu-
einse, end IA 1147titiv, solely founded tipon whit Khali be heard
'ilia Chief'dustice, uniced, upon the same oC-
,CitSioo, entered Meoly largely upon the necessary effect of there
ex./HI/1e statertenss, and said, tlitit every man, who fir, a moment
retiected upon tile operation of his own mind, when acted upon
la they manner, must be itistwely struck with the natural effect
this Y produeed, and th its V. probable eonsequence, Struck
with their, trilecinveha tendency. Still' moremisthievous
• roast dims etaternents be, when circulated with cetntnents.
:The toqatereent tfif pre:edice was therefore the terinciple
upon which informations of the nature he alio&
ee to were reminded. • Ile would .hate another case, to ahoy
the unfeeliog end unmanly terdency of getting at conclunions
by 64014 hasty 'and irregular strides. It was a case in which a
snan'S oWn counsel felt it hit ditty to move for the postpone-
:vent 'Allis trial) rather than be instrumental to the creation
of,an undue prejudice, although that Pyrjudice was favourable
to himself. It was the case of " the Icing and Jollitib," dth
'Term Reports, 9415. The cam there was an information which
ilea even Amnia against Mr, jolliffe, for a misdemeanour,
title tete:m..l,4lg his functions as It magistrate. There was an eel-
- datit, that three days before trial, the defendant gave the ludi-
vidual three or four printed papers for distribution, which were
calculated. to create an ingression favourable to the interpreta-
tion of his condnet, and to affix an imputation upon the pro-
secutor: In that case Mr. Jolliffe's own Counsel applied for a
• pesonmement of the trial, and Lord Kenyon entirely concurred
in, the propriety ofshe grounds which were urged on the occa-
pr.t. haw highly aggravated wail the present case ? (In
the %evoria, of this overt, Month in the town in which the Judges
were et't.
,e present moment sitting, publications violently pre-
judicial ei the prisoner); had been disseminated. If; therefore,
inStend of the precedents being many and with him, there had
not been anyelhia he would lay was the cane which ought to
Illa!re such it precedent. No upright Judge could hesitate to
adiTlit such a precedent.
Mr. Justice raute.—What is that case in Burrowes ? .
Cit IT Tr said, there were several cases in point, where
the prejudice, was 'much lest than it appeared respecting the
prisoners at the bar. There were here publications on the 2EI
of December, which were circulated with g'reat activity through-
out the county ; 10;090 at kest might be mentioned;' and con-
- siderings that such publications were lent front tenet to hand, it
whet fair to infer that these 10;000 publications lied had upwards
of 40,000 readers. How could it fair jury be empanelled under
• Such a 'wide-spreading excitement.
• Mr. jttlitiCe PAlLL.—Consider this—suppose the trial Were
pot off for a Month,' what reason have-you to suppose that this
-prejudice will cowse?
Mr. ere. Y saidlhat their effect would balm inished by the
gladioli operation or time : the public rn!nti would recover and
improve by reflections--a jury would appeal to their own fair and
unbiassed feelings. Indeed, he was convinced that the present
jury would rejoice at a postponement, which would mkt: their
verdict more satisfuetory. If he could put the question to their
ova breastnelui knew their answer would be—" For God's sake
let there be no supposition prevail against us : let us not put
public justice in peril, by trying a fellow-creature while sneh a
feeling is afleat," The &Iva arose both ways-=lst, to the'
prisoner, lest he might be sacrificed to passion; and 2dly, to
the polite justice of the country, lest a .Tury might withhold a
vtirdlet of conviction to escape the Chance of having their
motives, suspected: A short delay would obviate this serious
evil,,...tlere would then he the reaction an well as the action of
the' public mind. Such was the case in the trial of " the King
v. 11,lead," of all the particulars of which I have the fullest re-
collection.
Mr. Justice PAlt X—T thought that case was tried at York,
Mr. CIIITTY replied that it was, but sonic motions were sub-
sequently made in the Court of king's Bench, in which he was
coneerned with Mr. Jones, and he was therefore ucquainted
with the whole case. In that case, Mr. justice Ilolroyd most
unque,ationably admitted and enforced the broad poli rinciple for
whieh lie was now contending, and said, `'that although it was
most important that charges of a criminal nature eh' mild be
tried as Apeedily as the interests of' public justice permitted, yet
still he thought it highly important that judges shoold attend
to what would secure to the party accused a fair and impartial
trials not, indeed, that is corrupt motive might not be Liss-1104
fiat that the excitement of passion should be avoided in the
certain admistration djustice.. It was important that of verdict
should not only be just, but satisfactory to the public mind:
hoe, was such satisfaction to be assured, unless the'motive
for the Verdict were as deer as day ?" Lord Coke had also ably
and truly said, " that it did not follow though a trial was long
nostpontal, justice was delayed." In the preseut case the most
abominable excitement had been practised. Not only. were the
parties held out to the world as directly implicated in a cruel
and deliberate murder, but motives were directly imputed to
them for their conduct, and they. were described as beini haae
c ouspirators: The vilest:fabrications were made to destroy be-
fore trial the character or one of the prisoners (Thurtell).
11
"false and infamous anecdote was circulated, of his having, while
an officer engaged in thii service of his country, killed'a foe at
the siege of St. Sebastian, while yielding and sinking under
the agony of a mortal. wound. Was not such an anecdote cal.

cutated to arouse against the prisoner the vehement indignation
of every British heart ? (Here Mr. Chitty evinced an emotion
which for the moment affected his utterance.) Then, again,
came the deliberate and infamous story of his having provided
an air-gun to assassinate Mr. Barber Beaumont; and dumb:
bells to murder Mr. Woods.
(At this momentlthe Court was interrupted by the rushing.
into the gallery of four or five persons.)
Mr. Justice leanx ordered them instantly to withdraw, or
else he would commit them ; and if he had adjourned this com-
mission, he assured them, their imprisonment would last a
month. The intruders were with some difficulty ejected.)
Mr. CHITTY resumed, and recurred to the danger of these
inflammatory publications. No man could, he said, calcu-
late upon the extent of the mischief which they had caused.—
While under their excitement, no man could act safely
as a juror on this trial ; anti when such was the fact,
what danger arose from a short postponement, to allow pas-
sions and prejudice comparatively to subside ? The prosecu-
tions which had been instituted in the Court of King's Bench
would correct much of the mischief now in operation, and give
a salutary lesson to the public. The novelty of the occurrence
would wear off—the influence of the day would be mitigated,
and the excitement of crowded audiences by scenic exhibitions
would :pass away. He implored the Court, for the sake of
public justice, as well as in mercy to the prisoners, to yield to
ins solicitations.
Mr. Guneuele said that he was not at all interested in the
success or failure of the motion' which had been made by his
Learned Friends., Ile appeared on- this occasion only as an
assistant, whose duty it was to promote, calmly and dispassion-
ately, the administration of justice. is Learned Friends who
were concerned for the prisoners had moved for a postponement
of the trial, which Motion was founded on three grounds. The
first of these grounds was, that the prisonei, Thurtell, could not
now come to trial fully prepared, because sufficient time, and a
proper opportunity for arranging his defence, had not been :tr-
ended him. To this allegation a plain statement of the circum-
stances would give a full and sufficient answer. The prisoner
was committed for trial on the Ist of Nov., and it was not until
the 12th that any application was made for professional assist-
ance. On the 13th he was visited by Mr. Jay; and on the 14th,an
application was made for the admission of another professional
gentleman, which was refused. On the 19th, a motion was made
in the Court of King's Bench, for a rule to chew cause why Mr.
Fenton, the prisoner's attorney, should not have free access to
li;ene The Court immediately granted a mandamus, directed
to the Magistrates of Hertford, anti calling on them to assign
their reasons fbr the refusal complained of. • The instant the
application to the Court became known to the magistrates and
even before they had acquired that knowledge, complete access
was given to Thurtell's attorney. Let it not then be supposed
that the same means of defence were not vouchsafed to hint as
would have been given to any other individual under the same
circumstances. Another ground of complaint was, that one of
the magistrates had attended at the gaol for the purpose of
enabling a witness to view theprisonec, fur the purpose of iden-
tifying him; and also, that it was proposed that the depositions
should be read over to the prisoner, to which proposition a de-
cided objection was taken. Now he would say, that a more
unfounded or improper complaint could not have been made—
first, because it was beneficial for the prisoner that he should
be made acquainted with the whole charge that was brought
against him; and next, decause it was essential to the ends of
public justice that he should be identified. The conduct of the
magistrates was dictated by a kind and humane feeling.
• Mr. Justice PARK, without meaning to anticipate what the
bearing of the Learned Counsel's argument might be,must say,
that it was extremely improper, on the part of the Magistrates,
to act thus. Doubtless their conduct was kind and well in-
tentioned ; but it was certainly wrong.
Mr. GURNEY proceeded.—He now came to the third ground
-namely, the ill effects which the various publications on this
subject were likly to produce. He entirely agreed in what had
fallen from his Learned Friends with respect to the nature of
the publications which had issued from the press on this occa-
sion, and which had been so properly commented on by his Lord.
ship. It was impossible that such publications could leave the
utinds of those who read them in the same calm and quiet
state ect which they would have been had those publications
not gone forth ; and be coincided in the opinion of his Learned
friends, when they observed that care should be taken, not only
to administer justice, but to administer it in the most satisfac-
tory manner. His Lordship knew it was probable that he might
be called on to sit in judgment on this case, and theiefore he
had abstained from perusing those publications. But he (Mr.
Gurney) was bound by no such restraint. Ile had read these
publications, and he had read them with the greatest pain ;
for he well knew that it was impossible that such productions
could issue from die public press without creating an effer-
vescence in the public mind which might possibly defeat jus.
lice, but which, beyond all doubt, most render its administra-
tion less satisfactory than it would have otherwise been. lie re.
collected the case of the King v. Fleet," which had been refer.
red to by his Learned Friends ; and the Court stated at the close
of time case, that it was fitting that the publications which
were then complained of should be laid before the law of-
ficers of the Crown. If that had been done, which was
perhaps called for on that occasion, probably. they would not
have seen those publications on which he was now Animad-
verting. There was no doubt whatever ,that the publications
of depositions before Coroners, and especially before Magis-
trates, which were calculated to give an undue bias to the
public mind, was, the Learned Judge had said, " a high
misdemeanour." Such publications could not be too strongly
characterized. They were mischievous and improper. lie felt
shame and sorrow when he found that an audience of English-
men had witnessed a dramatic entertainment founded upon the
late melancholy events. He regretted that the audience did
not put down that performance at once by unanimous con-
sent. Ile was concerned when he reflected that those who had
brought forward so revolting a subject were not driven from the
stage. He wondered how any persons dared to insult public
feeling, and to outrage public morals, by so disgusting an exhi-
bition, at the very moment when the parties accused were about
to be put nn their trial. He admitted that the public feeling
had been strongly excited in various ways; and the question
was, whether that excitation had sufficiently subsided, so that
the prisoners might aufely proceed to trial. The.latest publica-
tion on this subject, which was noticed in the affidavits, was
that of the 16th day of November. Whether any publications
had occurred since that period, his Lordship could nut officially
know ; neither could he know, supposing publications to have
taken place, what their peculiar character was whether they
were of one description or of another. It was not for him
to give an opinion on this subject ?, it was his duty to
leave the matter entirely to the decision of his hordehip.—
If his Lordship thought that the public feeling was stall-
ciently subsided, so that a jury could come to the considera-
tion of the evidence widi calmness and temperance (by the
exercise of which qualities alone could they do justice), he
would not postpone the trial ; but if his Lordship felt that the
agitation of the public mind had not so subsided, if he thought
that the gentlemen empanelled on the Jury would act under
any preposseasion, however created, Ile knew that his Lordship
would defer the trial for such a period us he, in his wisdom
might deem fit. His Learned Friend (Mr. Chitty) had ad-
verted to a civic, where the Counsel for the prosecution not
merely consented, but prayed for, a postponement of the trial.
That was a case where one of the individuate concerned had
been guilty of sending forth publications which tended to ob-
struct the course of justice. If those who had instructed him had
been guilty of the publications Which were complained of in this
csse, he certainly should not have waited until his Learned
Friends had called for its postponement: he would have
certainly called for it himself. Ills Lordship was the guardian
of public justice ; and he felt perfectly assured that he would
administer it purely, without prejudice-or bias. Ilia Lordship
would feel that there were parties to be tried for a very grave
offence, and he was well assured his Lordship wouldetive them
all
the protection which was due to them. As far as regarded him-
self, he would not attempt to take away any part of that pro-
tection. He should say nothin to aggravate their situation.—
All he wished fur was, that justice should be administered,
end satisfactorily, administrated. He now left the matter in
the hands of his Lordship, whose decision, be what it might,
would, he was confident, further the ends of justice, with re-
spect both to the prisoners and to the public.
Mr. Arenarivs, in reply, observed, that the Learned Gentle-
man was not opposed to -him, but was, in fact, an advocate in
hie cause. He had not attempted to struggle against the weight
of facts which 1w (Mt. Andrews) had stated to the Court; ut
had at once admitted that the publications iu question had
created a very strong reeling--had given rise to powerful excite-
ment—and he therefore censured them in the strongest possible
terms. It was inseparable from our nature, Abet publications
of the; character should excite strong sensations, and cause
a powerful, emotion in the othlic mind; and when the dates
of those productions were looked to, he wattle only cell
on the Learned Judge to ask of himself, whether the opera-
tion which they must have had on the mindie of society in gene.
ral, could have ceased and subsided at the present moment ?
If
his Lordship had any doubt upon this point, Ile would call on
him to Wok at the crowds which beset the doors of the Courts—.
to view the members that thronged the galleries, and who also
tilled the body of the Court, so as to render it difficult for threw
Professional Gentlemen who were engaged in the cause to per-
' form their duties with ease and satisfaction. He had ti-.=
Learned Judge's own high authority, delivered in terms which
he would not attempt to amend, that " those who dared to
publish those polluted accounts were, beyond all doubt,
'guilty of a misdemeanour, and subject to fine and imprison-
went. When his Lordship admitted that, and when he
(Mr. Andrews) stated that they continued publishing such
accounts down to this day, then he held that his Lordship's
opinion must coincide with his own. He contended that those
were mischievous publications, and were likely to lead to most
mischievous effects. Why was the publishing these accounts

•
treated as a misdemeanour ? Because it tended to mislead the
public mind. In this case, confessions had been published
that never were made ; and which, even if made, should not
have publicly appeared there with the Name of Thurtell.' or
Hunt signed to them. Had such documents been introduced to
the Court, his Lordship would not have allowed them. to be read.,
Why were such publications sent tbrth amongst the public?
Was it to advance the ends of justice ? No; it was for the dirty,
paltry gain that belonged to those productions which every Sun.
day and daily paper sent forth so unsparingly. If he could nut
procure a delay of three-or four months, •he should gladly re-
ceive any postponement which hia Lordship's charity, con-
sistently with his duty, might incline him to grant, He ap-
pealed to his Lordship's justice, and to his merciful exercise of
the power with which he was invested.' Happily he felt that
he had the pleasure of addressing a Judge equally venerated
for his moral and religious feelings as for his extensive legal
knowledge and his great ability. He confidently asked.for this
delay, because he was convinced that it would answer the ends
of justice. To promote those ends had been his Lordship's
constant and anxious wish ; and a compliance with the request
now made by himself and his Learned Friends would raise
still higher the exalted character which his Lordship had ever
maintained.
Mr. Justice PARK said, this application bad been made on
long affidavits, and was formed on two distinct grounds.--.
The one was, that sufociont time had not been given for pre-
paration. 'Phis, however, was not the fact ; for snore time
had really been given than was usually afforded. They all
must recollect one of the most atrocious cases of murder ever
perpetrated in this country, where the offence was committed
on Monday, and the culprit was executed on the Monday fol-
lowing. It was not stated in the affidavits, that any one wit-
ness could not be procured, or that proper assistance could not
be commanded, on account of the shortness of the time, and
therefore lie could not on that ground accede to the application.
—With respect to the arguments of the Learned Gentlemen
who had addressed !tiny on behalf of the prisoners, he must
say, whatever might ultimately come of this motion, that he
thought the cases quoted did not at all apply to the present mat-
ter. The proceeding in the case of " the King anti Fleet" was
merely that which every, man who had read a law book, or who
was connected with the inns of court, must at once recognize to
be established law. The application was against a printer,
for doing that which was now complained of—namely, pub-
lishing certain prejudicial statemente, and the Court acceded to
it. Again, there were the cases of " the King v. Follett," the
King r. Grey and another," which was tried before Mr. Jus-
tice Ilolroyd ; in every one Of which cases it was to be observ-
ed, the guilt of the publication and dispersion of the obnoxi-
ous papers was brought home to individuals connected with the
prosecution. In Follett's case, an attempt was made to preju-
dice the minds of the Jury against the defendant. The same
might be observed in the "King v. Ray;" and with respect to
the " King v. Meade," which was tried before Mr. Justice
Holroyd. The circumstance to which that Learned Judge's
observations applied was, that the publications, horrible as
they undoubtedly were, were clearly brought home to the
prosecutors. He endeavoured to pervert the course of jus-
tice by publishing placards in the city of York, and by. in.
setting gross libels in the newspapers. In these productions
he asserted that the Governnient was oppressive—that the
Judges of the land felt no disposition to do justice; and that
every part of our establishment was corrupt. In short, a
greater body of infamous charges he never saw brought for-
ward than was contained in that case. It was a case of a wit-
ness for the Crown who was defended by Government ; and
all these publications were issued by the prosecutor to cor-
rupt and prevent the due administration of justice. There-
fore it was a case wholly different from the present, since
it was not pretended that those by whom this prosecution
was instituted were at all connected with the publications com-
plained of. He must here take leave to say, without mean-
ing to reflect on any individual, that he did not think it was a
very wise thing to bring all those papers immediately under
the observation of those who were likely to compose the jury.
If their minds were strongly excited by those publications a
month ago, surely they were calculated to make a deep.impres-
sion now, and therefore ought not to have been again forced
into notice. Ile had said yesterday, and he would repeat it
to-day, that nothing could be more disgraceful than publica-
tions of this nature. The trial by Jury was the great palladium
of public liberty ; it ought to be protected, and nothing should
be tolerated that tended in any degree to weaken or impair it.
If, on account of the pruriency of the public mind, or if from
the desire of gain, publications of this mischievous description
were to be sent out to the world on all occasions, however grave
or important, justice would in the end be defeated. Thera was
a circumstance of considerable importance attached to this
case, which he could not pass over. If the trial were put off,
the prosecutors would be subjected to an enormous expense ;
for he observed the names of no less than 55 witneesee en-
closed on the bill, whir had been brought here at a very great
expense. Still, however,
.he world say, that no idea of expenee,
that no apprehension of judicial labour, should interfere to the
prejudice of men who were placed, in such an awful !situation.
Ile had no appetite to try this cause, but still he would take
care not to shift the burden from his own shoulders to the
shoulders of others ; and if he put off the case now, lie cer-
tainly would himself try it at a future day. He perceived very
plainly, that the same difficulty which was now urged might
be urged with equal force at the next Assizes. It might be
stated then, as it had this day been stated, that those improper
publications had been disseminated through the country, and
it might be asserted that a new Jury were likely to be infected
with the same prejudices, the existence of which was dreaded
at present. All he had to say and to hope was, that those
who presided over the country, for the guardianship of ju-
dicial justice--he meant the Government--wouid use their
most strentious efihrts to prevent that horrible delay of jue-
tice which was productive of so much mischief. Consider-
ing the greatness of the delay,,he would nut put off, the trial
till the next Assizes. If those people were, innocent, as he
fervenly hoped they were, why should. there be such a delay
of justice? Why should these special cotnmissions be ap-
pointed at this unusual season of the year, but for the purpose
of 'arriving more speedily at justice? Sonic of the causes
which occurrea were very proper for a special commission. In-
deed if there were no other cause to try but the present, it would
very well justify such a proceeding. Ile hoped and trusted
that something would be done to prevent the evils which he
had yesterdity alluded to as. arising from publications similar
to those which had been recently brotight under the notice of
the Court. Such publications might injure the accuser's in a
way which he would not state, and they might likewise inflict
injury on the accused. This, however, lie would observe,
that in divulging to the accused all that Might be said and
urged against him, you imparted to him a very considerable
advantage. What, however, lie lamented was, that by.allow.
ing such a course of proceeding, justice was impeded—justice,
if net defeated, was retarded, and therefore it ought not to be
tolerated. He trusted that those who had erred, doubtless
without intention, on this occasion, would consider the cruelty
of such conduct towards 'individuale, and reflect on the evil
they were committing against society, by adopting a system,
the tendency of which was to paralyze the efforts of junice.—
Having said thus much, he would now adjourn this Commission
to Tuesday, the 6t14 qf January next ; the prisonces at the bar
most clearly understanding, that he would not, when their trial
came on, listen to any grounds, similar 'to those advanced this
day, for the purpose of procuring a farther postponement.
If they attempted to put off this trial again, it must be orrnew
and distinct grounds. The court is now adjourned to eight-
o'clock in the morning of the Grit of January next, then to meet
in this place. ".
The Court was about to break up, when Mr. Andrews spoke
to his Lordship in a very low tone.
Mr. Justice PARK thanked the Learned Gentleman for bey-
ng reminded him of a point which lie had omitted. It had
/been supposed that that which passed in a Court of Justice was
not en unfair subject for publication. But where an affidavit
of the description of that which had been just laid before the
Court was produced, repeating all those reports and rumours
that were complained of, and which had formed the subject of
inquiry and discussion during tine morning, it was to be hoped
that it would not for the present find its way beyond those
*ails. Ile trusted that the feelings of humanity, of kindness,
and of tenderness, towards the accused, would Induce every one
Who was within the sound of his voice, to disclaim and to with-
hold such a publication.
The prisoners were then removed from the bar, and the Court
adjourned. .
Thurtell rose before 0 o'clock yesterday morning, was shaved,
and dressed himself with perfect composure. Mr. Jay, his so.
licitor, lied sat up late with him on the preceding night. Mr.
Wilson, as soon as Thunell was dressed, informed him that
some idea (improperly be believed) prevailed that his hostility
to the prisoner Hunt was such, that he contemplated, by act or
gesture, to assault or insult him, when they met in the dock.--
M r. Wilson added, that be had no d esire to crowd attendants upon
the Prisoners in the dock and therefore he hoped Thurtell
p
would relieve lihn from the neceesity, by he_ hop
.bis word
that he had no intention of molesting his felloiv-prisoners._—
Thurtell instantly complied with Mr. Wilson's request, and
said he would not on any account commit Mr. Wilson by tak-
ing any offen3ive notice of them. He kept his promise, took
saulfoccasionally with Mr. Wilson in the dock, often asked
him the hour, as if tired. of the legal arguments of his Counsel ;
anti the only remark lie made while at the bar, was upon hearing
the sound of sonic men's Voice who was crying ballads in the
streets : turning to Mr. IVilson, who recommended Min not to
distract his attention by listening to any noise outside the Court
Oh ! I dare say it is the last dying speech some fellow is
h
crying." On his way back to the gaol in the coach with"
Wilson, his attention was struck with the'crowils in the street,
and he said, " What a concourse of people are here !" He
moved with a steady and aimposed air to is part of the prison.,
and Probert and Hunt were lodged in a similar manner in

their respective apartments. An attendant carried in a bundle I
tied with a silk handkerchief, the quantity of newspapers which 1
Thurtell had in the dock.
Some doubts were now entertained as' to whether Mrs. Pro- '
Bert was to be sent back to St. Alhan's castle or to be bailed.
The Counsel for the prosecution were consulted, and we un-
derstand, with their sanction, as well as that of the Magistrates,
4tioil
that she was.permitted *go at ha ,e on finding sufficient sure-
ties. Her bail were, Mr. Thoma. 'enman, of Kingston, Sur-
rey, brewer, and Mr. Thomas Hob
,; Mr. Knapp, the Clerk
of the Arraigns, took the bail. On her return to the Salisbury
Arms, where she hadidined, she was in high spirits.
At three o'clock the whole of the witnesses were conveyed to
London by the same conveyances in which they were brought
clown. Miss Noyes and her brother were among them. Mrs.
Probert did not go up with.them.
Thomas Thurtell was taken to town the same evening in Mr.
Norris's Hertford coach, accompanied by Bishop and his as-
sistant. He was taken up at the gaol, and saw his brother be.
fore he departed. He was a good deal affected, and complained
of a violent pain in his head. He scarcely opened his lips dur-
ing the journey, and was safely lodged in Newgate at eight
o'clock last night.

LINCOLN COUNTY ELECTION.

EIGHTH DAY.

LINCOLN, Dec. 4.—Notwithstanding the de.
claration of " standing still," on the part of the Purple candi-
date, many of his friends were not idle, and in the course of
the day they polled nearly double the number of their oppo-
nents. The state if the weather was against both parties, and
in consequence the muster, not merely of voters, but of specta-
tors, wits unusually thin. There was not even the usual cover
from the weather which the hustings hitherto afforded. Thyy
perished in the storm of last night, which raged here with
great fury, and strewed their very slender materials in all di-
rections about the yard. Nothing remained this morning but
the platform and the front railing, with one or two seats in the
rear.—At the close of the poll the numbers were--
On the Day's Poll.
For Sir William Ingilby
For Sir John Thorold -
Majority - .
Gross Poll.
For Sir William Ingilby . 3,703
For Sir John Thorold - 1,464
Majority - —2,244
There is now no chance of the contest closing till the last
moment allowed by law.

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- 123
--11 S