The Sun.
London, England, 1823-11-05 00:00:00

Deputies of the Cortes, as Valdez, Alava, and Infante*: W-
rap; Yandiola, Alanzanares, and Calatrava, are also here....
They seem much at a loss to,select a point of retreat and tecu.
city. 'At flritit was their intention to hi.Ve gine, over to Ceuta,
and maintained themselves ',as Constitutionalidti; but having
practised a reconntOsance, the want of 'supplies, and .inadq•
quitry of the works to withdtAnd a siege, induced them to
abandon the project, as they knew they might imme-
diately expect to be attacked by‘all the French disposable
force, who no doubt would be more happy to have such an
excellent plea far obtaining possession of that highly important
fortress, which they might hold as a convenient check on this
garrison. There is a warm feeling-among the inhabitants of
the rock in favour of these unsaccessul Patriots. John Bull
participates in their sufferings, and seems inclined io alleviate
them, and revenge their cause, would the policy of our Go-
vernment but give an opportunity of checking the rising pride
and power of rival France; the navy in particular are loud for war
ere it be too late, and before the French seamen acquire expe-
rience and confidence. We have had many French men of war
lying in the Bay ;on their first visit-they worked in an extraor-
nary unseatnanlike manner, but are no'w improved. I dined on
board the French frigate Guerriere the other day at Algeci-
ras, and was most agreeably surprised to heai them sing the
Spanish Cnnstitutional songs with great life anti spirit; the
whole of her crew appear to be animated ',ty liberal sentiments,
which they shewed a few days since in so strong a manner, on
being ordered to attack the island of Tarifa, that it was deemed
prudent not to carry the orders into effect.
Sir Robert Wilson arrived here a few days line° from Cadiz
and Tarifa ; he was at first undecided as to his future destin-
atitm, but has determined at last to return to England, in the
first packet; the Spaniards insinuate, he wished to negociate,
but I think the circumstances of his situation and elevated
character will, on the contrary;- have impelled him to an op-
posite line of conduct ; however, all these battles will doubtless
be fought over again by his friends and constituents, and due
credit will bt given him for his actions and .sacrifices.
There never war stitch an influx of Contrabandistas to Gib-
raltar.;. they take advantage of the disorded which every where
prevail' throughout Spain, to smuggle with impunity.
From Cada, we lam, ail the prohibitory commercial regu-
lations have been revived, allurtf;aV the French watch their exe-
cution, excepting when it iniplitfatee any of their own vessels.
They are also repairing the fortifications with great activity;
the breaches formed by the sea
are almost closed up, and it
Is understood they intend to erect a fort on the Puercas, or
rocks at the entrance of the harbour. These precautionary steps
a
indicate strongly that the occuption is not quite of such a tem-
porary nature as many would wish to believe.

THE MURDER Of' MR. W. WEARE

[FURTHER AND LATEST PARTICULARS.]
EXAMINATIONof MRS.PROBERT and MISS NOYES.
We mentioned in a former Paper that Mrs.
Probert and Miss Noyes were to undergo a private examina-
tion before the Magistrates, for the purposeof ascertaining how
far their -stories coincided with the statements of the prisoners
in custody.—This examination took • place yesterday, at the
house of Mr. Court's:tem:xi at Watford, but wns conducted,
from prudential motives, with great secrecy. All the Magi-
stretes, who have hitherto exerted themselves on this painful
subject, were present, as well as Sir CHARLES Poor.r, and
several of the principal inhabitants of the neighbourhood.
Mrs. Probert and her sister were taken down to Watford on
Monday night, in separate post chaises, the former in the cus-
tody of Bishop, the Bow-street officer ; the latter under the
careof Simmons, a local constable. They did not reach the
Essex Arms till 12 at night,. and it was then announced that
the Magistrates were forthwith to enter upon the examination.
After some time, however, it was notified, that the proceedings
were to be deterred till the next day. Miss Noyes seemed to
be much more sensibly affected than Mrs. Probert. She cried
almost incessantly, and was gratly depressed. After having
had tea in the same apartment with. the officers they retired to
rest in separate chambers, in which they .were locked up for the
night ; Miss Noyes intreeted that she might be allowed to have
alight during the night ; but this was refused, as well as a sub-
sequent request that the chamber-maid might be allowed to
sleep with her ; she in consequence spent the night in darkness,
and, we understand, in the greateet agony, not venturing to go
to bed at all. In the morning they breakfasted again with the
officers, and soon after ten were conducted on foot to Mr.
Clutterbuck's house. We understand, that the great coat worn
by John Thurtell on the night of the murder has been found,
with the lining of the sleeves cut out, as if for the purpose of
removing the marks of blood ; there are such marks, however,
on other parts of the coat. It is also rumoured, that the bloody
clothes of Weare have been found in the lodgings of some of
the parties.
It appears that Probert, after he was in custody, told Mr.
Field, the landlord of the Artichoke, that on the night of the
murder, he put Hunt down at the end of a lane near the Lime-
kilns, on the road from Elstree-to Badlett, at which place he
had agreed to meet John Thurtell ; anti that he afterwards
drove on through Radlett to his own house. On his arrival
there he saw John Thurtell, to whom he mentioned that he had
left Hunt waiting- for him ; on which Thurtell said, " Oh, I've
done the trick without him." Prnbert then said he must
went
back for Hunt, and he did accosdingly turn round, and went
back for hint in the gig.
It would seem from tite inquiry on the spot that John Thurtell
drove Weare past Probert's cottage, down (Jill's Hill-lane,
as
hr was seen at a turning in .the lane at eight o'clock, by a man
who noticed the distressed state of his horse." Thurtell had then
got out of the gig, and seemed to be feeling in the breast of hie
great coat for -something (now supposed to be the pistol) and it
believed, bet for the interruption he received, he would have
effected his purpose on this spot. Finding himself disturbed
here, however, he drove on down the lane till he arrived
at the place where the dreadful tragedy was performed. This
was about eight o'clock, as Freeillart and his wife, who heard
the report of the pistol, followed by the grottos, and the man
who met the parties, both agree. The acetic of action was
nearly half a mile from Probert's house, and after the murder
was accomplished, the victim was drawn through the hedge into
a turnip field, where the body remained till it was subsequently
removed to the pond in the garden. The bushes in the hedge
—the maple-tree close to the spat—and the fence, all bore marks
of blood—which have since been cut off by the curious visitors.
The lane in which the deed was dune would not admit of two
gigs to pass, and hart a singularly wild and romantic appear-
ance being overshadowed with trees. Men are now engaged
in widening it, and the place through which the body was taken
has ageorned quite a different appearance. After Thurtell had
committed the murder, he must have gone to the end of the
lane before he turned hie horse---this was not more than a dis-
tance of two or three hundred yards.
Proberee cottage is now in the possession of the Sheriff, but
it is visited by many persons. .? It has a must wretched and
deserted appearance. There is a large kitchen on the ground
floor, with a parlour and wash-house. The patlour is a small
roam of a very low pitch, and is not well furnished. It still
contains the couch on which Hunt lay on the morning after
the murder ; and the chintz covering of the squab is stained
with blood in several places. Mr. Mason, the Magistrate,
and the Coroner, were there yesterday, and noticed this CireUtti-
stance. The bed rootlet are of the most homely description,
extremely inconvenient, and very small. We understand
that before Probert occupied the place, it was used fur a private
still. Previous to that, sonic years back, it was occupied
by Mr. Heath, the Barrister, as a shooting box. The grounds
are beautifully romantic, and tire capable of being made ex-
tremely picturesque. The walks and trees, however, of late,
have evidently been let to run wild. The pond is of consider-
able lengths, stretching from the house to the end of the
grounds. The upper part, towards the house, :e shallow ; but
the lower end is wide and deep. It was drained on Sunday,
but no new discovery was made. From the house no view
of the pond can be obtained ; and the parlour door looks in
a contrary direction. lodeed so thick are the trees and shrubs,
that until you get to the pond side you cannot perceive it. The
place where the grave was attempted to be dug has been pettier
filled up ; it is not more than two feet deep, and then collies a
strata of strong brick earth through which it would have been
impossible to have penetrated without great labour.
The pond in which the body was ultimately found is up.
wards of three miles front Probert's house, end within a quer-
ter, of a mile of the Artichoke, at Eistrec. What appears
singular is, that the murderers should have chosen this deposi-
tory, when they actually passed over a bridge which crossed a
pond of wster of infinitely greater magnitude. It is clear that
the body never could have been carried front place to place,
and finally thrown into deep water by one person.
As a proof of the unfeeling depravity of Hunt, and of his
" Tarpon-like" qualities, we have to state, that while he was
in irons, last sieek, at the Essex Arms, in Watford, previous to

his examination before the Magistrates, he sung a celebrated
song ; and while he was at the Artichoke, during the sitting of
the Coroner's Inquest, he could scarcely ho restrained from
pursuing a similar course.

ADDITIONAL PARTICULARS.]
Hunt and Probert arrived at Hertford jail between four and
five o'clock on Sunday morning„ in two post-chaises, and well
guarded. John Thurtell, as before stated, has been confined
there since Thursday last. The visiting Magistrates have or-
dered the three prisioners to be kept separate ; that they be
double-ironed—and that no person whatever be permitted to
see either of them, unless by the special order, or the pre-
sence of a Magistrate—excepting the Chaplain to the jail.
—The arrangement of cells was discussed in the presence of
Hunt and Probert, on their arrival yesterday morning. On
the Magistrates' order being alluded to, Hunt betrayed con.
siderable alarm, and entreated that he might not be kept in
solitary confinement. " Why should you tear being alone ?"
was asked ; the reply was evasive, Hunt only observing, that
he should greatly prefer the company of three or four persons.
Although it is determined to keep the prisoners apart front
each other, it is neverthess ordered, that two men should al-
ways be with each, and Hunt's desire is, therefore, at present
complied with ; he is in one of the rooms usually devoted to
female prisoners, of whom there are none in the gaol at this

time.
On Sunday the three prisoners attended Divine Service ; they
were in three distinct pews ; the text was appropriate ; " Do
justice, love mercy, and walk humbly with thy God." A pin
might have %teen heard drop during the service. Beyond mute
attention nothing peculiar was observable in the conduct of
the prisoners.
John Tian-tell has written to a Mr. Jay, a respectable attor-
ney at Norwich desiring his early attendance. He still denies
all knowledge of the murder ; but when the Coroner was de-
tailing to a third person in his presence the mangled state in
which the body of Mr. Weare was found. Thurtell betrayed
evident constraint of manner, and was obviously affected,
although he seemed desirous of assuming the appearance of in-
difference ; his mouth was distended, his eyes were fixed and
strained, and there appeared a manifest conflict between the
resolution to conceal, And a suppressed propensity to coin-
,
municate.
Thurtell indulges greatly in arrioklng ; anti in the absence of
visitors hisipipe is his constant companion. He expressed much
satisfaction at the expectation of Air. Noel having the conduct
of the proeecution.
Thurtell has written to a friend for " Phillips's Speeches,"
to amuse him during his imprisonment; and when the Rev.
Chaplain observed, that he could put a book in his hands
that would be mote serviceable to him, he remarked that he
wanted " Phillips's Speeches," to enable him to draw up his
defence, which he meant to deliver himself. Thurtell indi-
cates by his conversation an aversion from dwelling upon
the horrid and desperate transaction of Friday week. If it
be mentioned, he maintains a sullen silence but if any other
subject- be started, he breaks out into a hurried pursuit of
the question, as most anxious of obtaining a momentary re-
lief from the thoughts of the murder. He continues to pro-
test his innocence, and endeavours to shift the onus on Hunt;
he says that he lent Hunt a good suit of black on the evening
of the murder, that he might appear respectable at the cottage;
these on the Saturday, he says, Hunt pulled off at his (Thur-
tell's) lodgings, putting on an inferior suit which he lent him ;
the better clothes Thurtell put on the day he was taken ; and.
accounts for te pistol being found in the coat.pneket by stat-
ing that Hunt left it there, having murdered Weare with the
fellow to it, which was found underneath the hedge. Probert
appears perfectly wretched, anti extremely depressed. He
wishes his wife to see him, but he has been dissuaded from an
interview. He yesterday observed—" I itm sure Thurtell's
life will be taken, and I am afraid my own will too."—" Not
if your statement,(Which we have already given) be true," re-
plied his spiritual adviser. Here a pause ensued, but It did
nut elicit any observation in reply. Probert, however, rather
courts than shuns the subject of the murder, and, unlike Thur.
tell, abstains from entering upon any other topic when started
by another.
Monday Hunt was in better spirits than he has hitherto been,
and expressed his " conviction that his evidence would be taken,
anti that he should be acquitted." If he should be admitted an
1 approver (which, however, we apprehend, may not be the case).
he will not by put on his trial. ,tie appears to be an ignorant
and ill-informed roan.
Early in life John Thurtell went to sea. On returning to this
country lie obtained a Lieutenant's commission in the German
Legion, then serving in Portugal, and, as we believe, still en-
joys the half-pay of that rank. On his returned from Portugal
he commenced business at Norwich, in the trade of that city.—
there he became a bankrupt, and never obtained his certiti-
eau. He then came up to London, and took the Black Boy
public-house, in Long-acre. His own name did not appear ae
the ostensible landlord, but he had the sole management of the
eopeero.......wideli Was' also ultimately unsuccessful. A. house
was then taken in Wetting .street, where the Norwich trade
was carried on by J. Thurtell, but in the name of his brother.
The destruction of thole premises and several other houseiley,
tire—the action brought against the County Fire Office—and
subsequent Indictment preferred by that establishment, will.
be in general recollection. Warrants against the Thurtells on
the Bill of Indictment which was found, are now out against
them. From the time when the house in %Vatling-street was
burnt, John has continued to reside at the house of his brother,
the Cock, in the Haymarket, which is now in the possession of
the assignees, under the Commission of Bankrupt against
Thomas Thurtell. John Thurtell is 32. years of age.
In the course of yesterday many applications were made fur
a eight of the prisoners. Sonic of the applicants were of high
rank, but they were. refused.
Prohert has written to a friend, begging Messrs. Adolphus
and Alley may be retained as his Counsel.
The public have heard of a house in Manchester-buildings,
and the name of Woods, as that of one of the intended victims,
has been also mentioned. This young man, who was paying
his addresses to Miss Noyes, received a letter front Hunt, two
days before the murder, requesting him to hasten to the house,
where a lady, for whom he ode)
collected rents, was re-
presented to be in a dying state. ()n entering the passage,
Thurtell struck at him from behind the door with a pair of
dumb-bells; the blow fell on the arm of Hunt, who exclaimed,
Curse yoo—you have hit the wrong man, you rascal."—
Woods immediately rushed out by the balf•opened door and
ran off. He was pursued by Hunt, but succeeded in effecting
his escape. It is surmised, and may be possible, that Thurtell
was prompted to this attempt by jealousy.
It is stated that house's had been taken by Thurtell and a
gang of desperadoes in Manchester-buildings and Cannon-row,
situations which, front their contiguity to the River Thames,
were every way calculated for their atrocious intentions. Their
avowed object was to • inveigle persons under simulated pre-
-11 tencee, who..were known to be the bearers of smite worthy of
plunder, to these abodes of murder, teal there, first to aesassi-
, nate, and then cleepoil them of property they had about than.
Private information was received by Mr. Noel, the solicitor,
yesterday, that the moment Mr. \Vcare'a death was putliety
mentioned, A person who was known to be acquainted with the
'Thurtell's, and who lived at Kensington, suddenly disappeared,
and has not since been heart of. Means have been taken to
prevent certain persons on whom suspicion rests front obtaining
passports for France, and the utmost exertions arc making to
secure the parties, against whom warrants have been issued.
Thomas Thttrtell, who is at present in custody On the charge
of defrauding the County Fire Office, was formerly a Lieute-
nant in the Royal Marines, and in the year 1811 left his Ma-
jesty's ship Adamant, then bearing the flag of the late Rear-
Admiral Win. Albany (lawny, in Leith Roads. In tide ship he
served two years, during which time the ship formed one ot the
celebriited expedition to Welcheren, under the Earl of Chat-
hens. He shortly afterwerde relinquished his commission, and
commenced far Mer upon an extensive scale, renting a farm of
tour hundred acres, at a rent of WO/. per annum. Becoming,
insolvent !'ruin the pressure of the times, or more probably front
want 01' judgment, lie wee compelled to compound with his
creditors. He subsequently took a public-house, called the
Cock, in the Haymarket ; and, wishing, to avail himself of his
brother John's knowledge of the silk trade, he took premises in
Watling;-street--purchased various quantities of bombasins,
Norwich crapes, &c. and the whole concern, although the pro-
perty of Thomas Thurtell, was left to the manaeonnent of Julio,
who, from being tin uncertiticated bankrupt, was incapacitated
front carrying on business himself.
We understand that the unfurtnnate Mr. Martell, sen. has
arrived in town in a state of ag-ony which is not to be desciihed.
Yesterday Mr. Hunt, the vocal performer at Covent-garden
Theatre, and brother to the unfortunate
with his guilty coadjutors in the murder of Mr. %%retire, called
at the Coach and Horses, in (2000 k-street, to make further in-
quirks of the lendlord, Mr. Tetsali, into the late dreadful afiltir,
and eeemed anxious to know whether there were one or two
gigs left hie house on the Sunday after the murder. lie was
told only, one. lie appeared deeply afflicted at the awful situa-
tiun of his unhappy brother.

TO THE EDrron Or THE SUN.
Sin—A statement having- appeared in an Evening Paper of
Monday, which has been adopted by most of the Pepers
for of this
deceased Mr. kVilliarn Weare, 1 beg of yoti,:
o make public,
morning, in which my name 14 coupled with hunate
that the whole of the statement as regards Mf. Weare and my-
self, is false. The proceedings against Messrs. L. and others
were commenced long before I ever knew Mr. AVeare, even by
name, and my meeting him was quite accidental at the office of
Mr Nora, when he was giving Mr. Noel instructions for the
purchase of a lease of a house during hi M Weas,re' absence
from London. I am, Sir, your obedient servant,
(heat Ormond-street, Nov. 4. R. H. GRAHA

THE PORT ST. MARY DECREE.

A. curious, and though strange, by no means
incredible account has reached us through the

medium of a letter from Paris, descriptive of the
circumstances that preceded, ,attii the causes that
left to, the celebrated ilegree,issued by Fel.-

dinand on his first landing at Port St. Maiy's
from Cadiz, in which he annulled all the acts
of the Cortes, in direct opposition to a
decree made public on the preceding day
in Cadiz. At the period of issuing the lat-
ter decree, his Catholic Mijesty was under

the influence of certain wholesome feelings,

which suggested to him that his present safety
might be endangered, and his future credit
affected by a contrary conduct. He knew that
his invaders or allies would advise him to tem-
perate measures, as they could only hope to be
repaid for the expences they had incurred,
by maintaining Ferdinand's character for jus-
tice; and he believed also, that on the Duke of
Angouleme alone he would have to rely for the
funds necessary for the mere retainer* about his
person, and to support something like the dig-
nity of a King. Ferdinand was therefore com-
pletely humbled, and disposed for mildness and
lenity, when he placed his foot in, the boat that
was to convey him from Cadiz. An unexpected
friend was, however, at hand, prepared to supply
his wants, and to encourage in him a perseverance
in those principles in which he had been edu-
cated, and on which he has all his life acted. This
was no less a person than the noted M. Ouvrard,
the ostensible contractor for the Regency loan,
who had put forth from Port St. Alary's
in a boat to meet the King, and who, as we
are informed, fell in with the royal vessel in the
middle of the bay, and was graciously per-
witted to come on board. He there made a di-
rect tender to Ferdinand of a sum, in money,
amounting to 9,000,000 francs (about 80,0001.
sterling), with protnises of further aid to any ex-
tent he might require from the leaders of the
ultra-Royalist party in Paris, provided he would
annul, in the most unqualified manner, on his land-
ing at Port St. Mary's, all the acts of the Cortes.
Various arguments were adduced by M. Ouv-
rard to obtain the King's consent, the principal
of which was the necessity of extinguishing the
hope of all future revolutions, by chewing that all
those capitalists who ventured to assist them with
money would be ruined if the cause did not ulti-
mately establish itself. The offer of the mo-
ney, which M. Ouvrard is said to have tender-
ed in money and notes, overcame all the good
resolutions of Ferdinand, and procured his unhe-
sitating acquiescence in a measure so congenial to
his natural disposition. On his landing, he had an
immediate interview with the Duke of Angouleme,
in the course of which money was tendered by the
latter to Ferdinand toany amount bemight require;
but he was iliformed,to his great surprise that he was
already supplied to an extent equal to his wants.
The obnoxious decree was issued in opposition to
the more liberal policy Inculcated by the French
Commander, and thus the intrigues of the ultra-
faction at Paris, secretly encouraged and support-
ed by the Russian Cabinet, triumphed over the
.better system which policy would have extorted,
and created a schism between Ferdinand and his
deliverers, who fount in this conduct their first
punishment for presuming to interfere in the
affairs of an independent nation.--(Times.)

MATERNAL AFFECTION.

Amidst the different forms under which woman
appears to the eye of man, none is more favour-
able to her than that of a mother. Of all the
passions that sway the human breast, few are
more proper, none is so respectable, as maternal
affection. It is no doubt truly delightful to gase
upon the budding charms of a youthful beauty.
The sight of a young and lovely bride, about to
confide the happiness of her future life to the
man of her choice, awakens feelings of interest
and of sympathy ; but the sight of a mother
bending with all the warmth of maternal fond-
ness over her child, forms a picture far more in-
teresting, far more admirable. The heart of
man may indeed feel the exquisite loveliness of
this picture, but neither his pen nor his pencil
can give an adequate representation of its real
beauty and sublimity. it is not only the imme-
diate object before his eyes that warms his soul
and awakens the bust feelings of his heart.—
These sentiments, powerful as they may be in
themselves, are still strengthened by the recol-
lection of the beloved being who gave him birth,
who nourished him with her milk, who guided
his infant steps, who watched over his earliest
slumbers, and whose smiling face ever met his
opening eyes.
As maternal care is the most important of
woman's duties, so it is that for which she shows
the earliest disposition. Whilst the virtuous
boy courts the most noisy ; the most violent
exercise, the more quiet girl, dresses her doll, or
carefully puts it to rest, and thus prepares her-
self to discharge the duties of a mother. The
boy may take occasional notice of an infant, but
the girl alone will fondle it, will nurse it, and
cheerfully dandle it in her arms. The boy will
exhibit the sincere but rough expressions of his
affection ; but the girl alone will display the so-
licitude, the patience, the softness, which mark
the future mother.
What reflecting and feeling mind can witness
this 'instinct, without blessing the providence
that bestowed it ; without loving and admiring
the interesting being upon which it was be-
stowed ! Great no doubt is the force of pa-
ternal affection ; but great as it may be, it is
still inferior, far inferior, to the love which a
mother feels for her child. She who can
behold the babe feeding on its mother's bosom,
or see her fondly watching over its cradle, with-
out indulging mingled feelings of veneration and of
gratitude, is a monster, fit only to live, not amidst
time most ferocious animals, for they are alive to
the sentiments of maternal affection, but
alone,
amidst solitudes and rocks,

A. P,