The Sun.
London, England, 1823-12-05 00:00:00

'AzultiyEtt OF mit. www-ttit.

HERTFORD .TSSIZI,!:S.
bn Wednesday evening Thomas Thurtell was
brought by authority or a 'writ of habeas Corpus,
to give evidence for the prosecution upon the in-
dictment of the prisoners, for the murder of Mr.
\Venire, to the gaol at Hertford,where he was de.
livered Into the custody. of Mr. Wilson, the Go-
vernor of the prison, merely for the night, as he
is still in the custody of the. Sheriff of Middlesex.
Ile seemed very IoW spirited, and made an Wee-
donate inquiry for his brother.
Mr. Knapp, the Clerk of Arraigns, arrived on
the same night with the indictment, which, di-
.vested of the surplussage of legal technicalities,
indicts John Thurtell for the wilful murder of
William %Veare, and Probort and .Hunt, not as
accessories before the fact :(according to the tenni
of their commitment), but as aiding and abetting
in the murder. This intention, as will he seen
in the sequel, was altered late in the dal, and
Probert is the witness admitted for the Crown.
Mr. Harmer read yesterday to Hunt the final
instructions he had given his counsel : and Hunt
read to his solicitor the address which he means
to deliver when called upon for his defence.
The High Sheriff, on his way to Lord Yero-
lam's, called at St. A lben's gaol on Wednesday,
and sent a message to Mrs. Probert, offering to
be the bearer of any message which she had to
send to her husband in Hertford. She thanked
him for his visit, evinced rather a gaiety of man-
ner, regretted that she had not more suitable at-
tire than she wore, to appear upon the trial, and
added that she had no particular message to send
to her husband.
Messrs. Jay and Fenton returned to Hertford
early yesterday, and communicated with their
client John Thurtell, to whom a flew suit of
clothes had been lent by his own desire, to he
worn oo his trial. Mr. Harmer also arrived, and
saw Bunt.
At half-past 10 o'clock yesterday morning the
Judges (Mr. Justice 110Iroyd and Mr. Justice
Park) arrived in Hertford, from Lord Verulaet's,
where they slept an the previous night, and
were conducted and escorted by the High,Sheriff,
&c., in the usual form, to the Court-house, whef:e
the Commission was opened : they afterwards
repaired to Church, to hear Divine Service, and
a sermon preached by, the Rev. Mr. Lloyd; end
the Court met again at 12 o'clock to proceed to
business.
After the routine business of reading the pro-
clamations, calling over the roll of Magistrates,
Constables, &c. was disposed of, the following
Gentlernvn were sworn upon the Grand Jury
There was an unusually full attendance of Ma.
gistrates and Grand Jurors :
The Hon. William Lamb, of Hatfield, M.P., Foreman.
The Rt. Hon. Sir George Onseley, of tiartingfordbu ry, Bar
Sir John S. Sehright, of Flamstcad, Bart.
Sir Culling Smith, of Essendon, Bart.
Sir George Duckett, of Cheshunt, Bart.
The Honourable Baron Dimsdale, of. Essendon.
Henry Cowper, of Servin, Esq.
William Baker, of Raiford, Esq.
Thomas Hope Ryde, of Ware, Esq.
Nicolson Calvert, of Hunston, Esq.
Thomas Byron, of Bayford, Esq.
Samuel Smith, of IValton, Esq.
Thomas Daniel, of Little Berkhamatcaul, Esq.;
Daniel Giles, of Standon, Esq.
ettrolphus Mectkerke, of Juliam, Esq.
Patrick Hauldow, of Shepley, En.
William Robert Pbillimore, of Aldenham, Esq.
Charles Edmond Rumbold, at IVatton, Esq.
William 'Wilshire, of Bitchin, Esq.
John Currie, of Ersendon, Esq.
William Heygate, of North Mims, Esq.
Thomas Nash Kemble, of North Mims, Esq. and
Jacob Bosanquet, of Broxbourn, Esq.
THE JUDGE'S CHARGE.
Mr. Justice PAna then proceeded to deliver
is charge to the Jury, to the following effect :

Gx)rt.tur); or. TII E fIaAND J unr.—We are assembled
here, at this unusual season of the year, under his Majesty's
Special Commission of Oyer. and Tertniner and General Gaol
Delivery, for the purpose of trying such offences as have taken
place in this and the neighbouring home Counties since the
last Summer, Assizes. In this service it becomes our duty to
discharge one of the most important functions which can belong
to us as members, of
,civil society, namely, the administration
of criminal justice. The present appearance of the gentlemen
whom I am now addressing, satisfies me that his ilfajesty's
wisdom in Issuing these Onurnissions will never be frustrated,
as frustrated it would undoubtedly be, if ever the time should
come when the administration of justice was not attended by
gentlemen of the first dignity, rank, and respectability, because
such an event could not but lessen the administration of his.
tics in the, eyes of the common people of England. Nothing
can be more important and more essential to the interests of the
community than the administration, of justice should be main-
tained in its purity, by the countenance of all honourable and
respectable men.
Gentlemen, the Calendar now presented to us contains, un.
doubtedly, a considerable number of offences. lam sorry to
observe a great number of crimea..of various descriptions, set
down for trial. What the result of these trials may be, (yen.
tlemen, it is not for me now to judge.. Notwithstanding the
number, and the variety ,of these offences, they are not, in gc.
tiers], of such a nature as to render It necessary for me to ad-
dress to you any particular observations. • I am sorry to say
that they are, for the most part,,such offences, us you, and other
Magistrates, are weekly, and, I ant almost afraid, daily occu-
pied in investigating ; and the principlett,-of law applicable to
suchcases ate, probably, as well known to you its they are to
my Learned Brother and myself. 1 need scarcely add, that if
any difficulty should arise in the progress of your investigation
of these eases, and you should wish to make any, ifinntry,
Learned,Brother and myself Kill most .lo eerfttlly and readily
affbrd yott our:tit:deem.
T_heru is one rase, however, on which it is necessary that 1
Should say
something, because I understand it has made a cone'. I

justice.

, . • ..
derable noise in the world. NVlren I say this, Ido not eny it
idly ; for I can assure you, with truth, that I have seen nothing
connected with this case, except the depositions Which were
sent to me when I was appointed a judge Of this circuit, and
that I have most cautiously abstained from reading one single
• •
..
word which has appeared in any of the puldicprints. 1, for one,
therefore, may say, that, as far as any previniks opinion of the
,eese.is eencerned, a more impartial person then myself never
entered a Come of Justice. I feel it necessary to make a few
preliminary observations on this case with a view to future eir-
cumetances. The language of reproach is never pleasant to me;
it is hostile to my feelings; but in administering the juctic-e of
the country I have a duty to discharge which is paramount to all
personal considerations. These depositions have, somehow or
other, as I have been informed, been copiously dispersed ,by
means of the public press. The fault certainly originated_..
though I have no doubt most unintentionally, and I beg not to
be understood es throwing out any personal reflection on the
conduct of any gentleman--lott the fault certainly originated in
the Magietrates allowing any person whatever to enter their
private room during the investigation of the matter,, and to
take notes of the case. I hold-.--anti I believe I shall he borne
nut in what I say by my Learned Ilrother—that there is a vast
difference between the inquisitorial and the judicial power of a
Magistrate. IVbere a Magistrate is acting judicielly, he is liable,
like all other Judges, to be heard and judged of himself. rot'
my own part, .I may truly say, that I wish my judicial opinions
to be examined with all possible freedom. I trust that I
always mein to do what is right, but I am aware that I am con_
tinually in error, for no human being can doubt that be errs
continually, because he is a human being. When a Magh-
trate, however, is inquiring into a crimo, to say that all the dr-
pesitions in Audi a case should be published generally to the
world, is a proposition which cannot be listened to for a single
moment. It is his duty to investigate, to inquire; and the
Statute law prescribes a rule for his conduct in the iliedrarge of
that duty.
.She Statute of Philip and Mary, which was passed
upwards of two hundrod and fifty years ago, requires that all
examinations before Magistrates, in cases of murder and felony,
shall be taken in writing, and.tranamitted to the Judges of Oyer
and Terminer. The constant practice, with respect to these
depositions, has been to transmit '.them directly to the Judges,
and the party accused, or his advisers, have never been permitted
to see them. The deposition* have been subject to the inspec-
tion of the Counsel torah° prosecution, and to the Off :Teo( the
Court,as wel.as to the. Judges, but they have always been re-
ligiously kept from the observation of the accused. The cense-
quence of the publication of this evidence is, that the accused
party knows all .that will be produced against him at his trial,
and the object of sending the depositions to the Judges is in
this manner entirely defeated. It occurred to me, while the
oath was being administered to the Grand Jury, that there was
another strong argument to chew the importance of reserving
.Judges
the depositions for the use of the and the prosecutors,
the (hand Juryman swears to keep the King's counsel, his fel-
lows,, and his own secret ; but by the publication of the deposi.
lions, ail the evidence is published before it comes to his know-
ledge. This never can be right under any ciremnxtrinces. I
haye said thus much, because I am most anxious to preserve
the purity, of justice; and because, highly as I esteem the li.
betty of the press, I hold the trial by jury, as a palladium of
British liberty, in still higher veneration; and I am convinced
that that palladium can only be maintained in its purity, as
long as the administration of justice continues pure and uncor-
rupted. I mean not to say that the administration of justice
has been affected by this proceeding; but It may he put in
danger. It is a proceeding which is not only dangerous to the
accusers, but it may be so to the accused. Of this lam quite
sure, that it is a proceeding most injurious to the administra-
tion of justice, and calcUlated most materially to impede its
course. It *pews upon Judges the necessity of ethlressing
even Gentlemen of your high character in the country with un-
usual energy, in artier to prevent any improper bias either on the
one side or on the other. The publication of evidence is, upon the
whole, however, more favourable to the accused than to the prose-
cutor; because it gives the accused a benefit which the law of Eng.
land never, contemplated, namely, an opportunity of knowing
beforehand the points which may he brought in evidence against
him on his trial. .Whether this may be beneficial to one of the
parties, or disadvantageous to either or both of them, I w

not pretend to decide, but I am quite satisfied that such a pro.
eectling is highly blameable. In conclusion, I have no difficulty
in stating my opinion to you, in the hearing of my Learned
Brother and I believe, my opinion is sanctioned by the autho.
rity of the Judges.of the Court of King's Bench, and by dint
of all the Judges who have sat on the Bench during the last
cantury,—that to print evidence a priqri on a criminal case,
which is to form the. subject of inquiry in a Court of Justice
before a Jury, accompanied with notes and comments, Is a
high crime, and misdemeanour, punishable, on conviction, by
fine, and imprisonment. such, according to my firm belief,
is the law of the land with reference to this point. There

was one piece ,of evidence in this case, which, as I have been
informed, was published, and of which I cannot but consider

the publication as most unadvised. Ido not wish to make any
harsh observations, but I cannot help remarking, that the,pub-
lic themselves have in some measure occasioned this mischief.

There seems to be a pruriency, and an appetite for news among
the people of this country, such has 4:haracterised the Athenians
_ .

.of old, who, as the Grecian historians Inform us, were always
desirous of reading something► new. In fact they seen to be
never.utisfled unless they are absolutely glutted with things of
this sort. The piece of evidence to which I have just alluded
is, as I understand, a confession of one of the prisoners; and a
very little reflection will enable people, to see the mischief which
must arise front the publication of such a document. A con-

(elision is, of all other things, that of which it is impossible to
say, until the period of trial, whether it tic or be not admissible
in evidence; and nothing, therefore, could be more unadvised,
tmlependently-of its illegality, than its premature publication.
I shall say no more on this subject at present ; but I trust that
what I have said will induce Gentlemen to reflect on the con.

sequences of u practice, which they have permitted, I have
no doubt with the best intentions, but from the continuance
of which much mischief would arise to the administration of
. .

Gentlemen, the cane which litts drawn from me these obser-
vittionS P 4 A chargewhist person named John. nutted], and
#gainsttwoothor.persons,parned Joseph Iluntandlirm.Probert,
u accomplices, for the crime of murder a moat awful crime,

PRICE SEVENPEXCEt

- sta
under whatever circumstances May haie been committed,. bu
which appears to have been 'committed in 'tide case under cir-
cumstances of peculiar ittrocity. `What the intention id' th'ese
who prosecute in this ease may be—whither to indict all three
of them as principles in the first degree, or to indict, sOrne of
them ne principeg in the second degree, or as atTCseariee before
'or titter the t cannot tell, NXitliiespeet to the three first de-
scriptions of eritue, ay temmiteer b:y peincipiati in the first and
seeinuU degree, anti by acceeiariem befOre the feet ; eltitough,
the form of stating ,the offences is somewhat different, the
feral
result to the individuals, if convicted, in the same. A princi
Pal in the first degree is the person who actually committed. tit e
murder; a principal in the second degree is a person who in
said in law to be aiding, present, assisting, and comfortime
the principal in the first degree. if a man, by keeping watch
and ward so as to prevent intrutuon, or in any other manner
aid anti assist the murder, though ne be nut the person wh
struck the blows he IS equally guilty with the principal in flits`
first degree. An accessary before the fact is be. who, thottils'
not on the spot where the murder is committed, 'yet by his ad -
vice, counsel, or connnand beforehand, assist in the crime.
An accessary after the fact is ho who, after the feet has been
committed, knOwingly receives, liarbonre, and entertaini the
principal felon nr felon*. Undet which of these'descriptions
the parties may be indicted in this unfottinutte case, I tins.
unable to tell you, for it is not rhyProVince to know. The
murder appears to have been one of a very dreadful kind, 'and
to have been committed under circumstances of horrible atro-
city by some person or other. The evidence in this case, as in
most case of murder, consists of a chitin of circumstances ; the
murder is not preyed by P'oSidee.faets, for men do not commit
these horrible crimes in the face of day ; they commit them in
secret, or at hetet imagine that they commit them in secret,
forgetting that Ilis eye sees them from whom no secret
is hidden. It is only therefore by a chain of circumstances
that you can get at the evidence of such crimes ; and
need not observe to men, whose minds are habituated
to reasoning, that circumstantial evidence is much more
satisfactory than what is called the positive testimony of
One et two witnesses. Circumstantial evidence establishes
similar results by a variety of facts, trifling, prhaps, when
separately considered, but Important, as they conduce to the
same end, and it is scarcely possible that the evidence of thirty
or, forty pertiOns on apparently unimportant particulars, could
chime in so as to produce a chain of proof consistent in all its
parts, and establishing the main qUestion of L'i•uik • In this re-
spect circumstantial evidence is much less liable to error or
suspicion than the direct testimony of one or two
There is one circumstance which I observed on reading the
depositions, to which I beg leave to direct your particular
attention. I understand that a person has either been re.
tnoved hither, or Is about to be removed hither, to give eei.e.
dence on this subject, before you anti the Petty JUST. I have
read the deposition of this person, who is a female of she name
of Probert, and, as I understand, the wife dime of the, per.
sans accused. Ihave no difficulty in stating, that if all these
theee persons are generally indicted for one and the same
offence, this woman, if she be the wife of one of them,
cannot be called as a witness, either to convict her IMF.;
band on the one hand, or to exculpate bins on the other ;
beeause the law of England on a principle of policy will not
allow a woman to be a witness either for or against her husband
lam afraid, Gentlemen, youwilt , ,'J detained you
too long, but I was anxious to make your minds easy by ex.
plaining every circumstance which might possibly create er
difficulty in your investigation of this case. I will merely
add, that you, as the Grand Jury, are not called upon to try,
the truth or falsehood of the charge ; you are merely to try,
whether it be a fit and probable case to put these persons on
their trial. If you, as the Onind Jury, were to hear the eves
4eacepro and con, you would be taking upon yourselves a
function which the Constitution does not empower you Co take
—you would be usurping the functions of the Petty Jury, who
are to be empanelled before me, and who are to 'receive the
benefit of my directions, if any benefit can be derived Irons
my directions. Having addressed these few observations to
you, Gentlemen, I have now only to request, that you will
,retire to expedite the business or the county.
The charge of the Judge (with reference to
Mrs. Probers) as well'as some other circumstances
Ivhich had occurred in the course of the'day,
tered the intention of the,prosectitors, and new
indictments were immediately prepared for the
Crown.—At two o'clock, 'Mr. Hroderick en-
tered the Conti, as of CounSel for the prosecu-
tion, and applied for leave to admit Probed.. to 'go
before the Grand Jury for a particular purpose.
,He observed that ho saw no other case in the
calendar against him, but one.

Mr. Justice PA UK said that the application
Willi MIA of course, and them Why Ho necessity to
say any thing more on the subject.

An order was then made that the gaoler
should forthwith prepare Probert to he hrought
before the Grand. Jury, and he was at hampl,t
three o'clock brought
into
post-chnise to the
Town-hall, and sent into the Grand Jury-room.
Mrs. Probert is also in attendance. The indict-
ment now before the Grand Jury, and upon
which, if found, trial will follow to-morrow, em-
braces the cases of Thurtell and Hunt ; the for-
mer is charged as the actual perpetrator of the
murder, and Hunt as aiding and abetting therein.
A timber of witnesses are in attendance, before
the grand Jury. nos. Thurten, in the course of
the day,applied to the Rev. Mr. Lloyd for permis-
sion to see his brother. The request was complied
with, and the interview took place in the Presence
of Mr. Lloyd, Mr. Jay (who was with his client
at the time), and two or three other gentlemen
they shook hands, and John 'Thurtell, after some
family questions, talked with an air of perfect
imliiTerence upon ordintiry topics. Thomas
Thurtell, upon quitting the gaol, expressed to
the Rev, Mr. Lloyd his utter nstonistmeot at
the apparent. coohless and sang frdid of his bro.
tiler. It was said late in the day, that the
change in the proceeding of the prosecutors
had been determined upon before the Court
met this morning ; that instructions had been
brought to Hertford at two o'clock this morn-

after a consultation at midnight on IVednes-
.l,!v with :11r. Gurney Mr. Bolland in town.
Double the number of Javelin-turn baym been

',worn in by the igh Sherino preserve order dor-
in,: the this, and a considerable number of special
t.)itstahies are to be in attendance'. Among the
Asitnesses for the prosecution are Bishop and
otliven of the Bow-street establishment. Upson
;Ind Nicholls, and others from the same °lli ce, have
ortierg, by a summary proceeding, to relieve the
town of stscivof the London thieves and, pick-
pockets who may think a proper lilacs, at the
present moment for ita rrying on their depredations.
The 2,reatek bust lever% ded ilertferd:yel;terday.
All the buts and private lodgings were occupied
t very e stilt vagant prices, and the streets
were thronged with post-riiaisyS and private

enuipages.
A report prevailed at Hertford yesterday that
the body Of Mr. Weary was disintered late on
Wednesday night at Elstree, for some purpose of
farther inveskation, hot that it was found to be
in such a state as to render further examination

unavailing.
ANtlieti Mr. Wilson announced to Probert at the
gaol that he was wanted in the Town-hall, he
hecatne greatly agitated, and asked Cur what paN
pose they desired his attendance ? When his agi-
tation sitbsided, Mr. Wilson informed him ; and
then rose into high spirits. NVhen taken. to
tire Town-hall, Ito was sworn as ono of the Wit-
,,;levses, his name put on the back of the hill, and
lie was placed in a room in waiting with other
'witnesses.
At four o'clock Mrs. Probert was examined
before the Grand Jury. She had not seen her
husband; means were taken to keep them in le-
-parnte rooms.—Thtimas Thurtell is also in at-
: _tendance as a witness.--Probert's gig wus sold at
the auction of his (41,ets at Gill's flillicottage,
and afterwards re- poreltased by the aactioueer.
t wan subsequently borrowed by an agrnt fur
:the prosecution, who drove it over the ground
:alleged to have been traversed by Probert on
the night of the'murder. It has not since':bren
returned to the owner.—Mr. Jay has spent the

entire day with lidon Thuilell.
The Grand 3 ury, after being in consideration
;of the evidence until 'half-past S o'clock, and
ekamining 9.2 witnesses, among whom were
Mrs. Prohert and Probert, who were examined
• (4eparately) for a considerable time, returned at
the udge's lodgings a true bill against John
Ihurtell for the murder, and against Ulm t as an

.-tieeessnry before. the favt.
The following nilidavit has been prepared by
~the legal advisers of the persons Li) be tried
litinTFORD ASSIV.E3,)
Dezember, 11123. r
THE XINt: AGAINST JOHN TULTItTELL.
John Allen Adana!' witite, of Dalston, in the County of Mid.
gentleman, and George Jay, of the City or Norwich,
gentleman, and Francis Tarrant Fenton, of Austin-friztrs. in
the City of London, gentleman, and John Helme,.or Austin-
. friers, Clerk to the KllfiFrallvis Tarrant Fenton, severally made
omit and say, and first this deponent Frauds Tarrant Fenton,
for hiteistlf saith, that he, this deponent,' on Thursday, the 13th
-clay of November last, waited on 'Mr. Nicholson, the Under
Sheriffewho reoerns tine jury fin the County of Hertford, for the
perpo..e or giving an undertaking to the said Under Sheriff to
put in bail fora gentleman wholuttl been arrested on an attach.
meet of privilege at the suit of Andrew Vansandom for 40/
thie dello:tent
,stuth, that he at the sante titre offered the under.
•tcking or the said George ,fay, of NorWich, who it a. inert re,
speeted de attorney and 149licitor, and possessed of gowl property,
end )alto have- iiIT7II iillltrAltted by the friends of the said Jobe
'nuts ell, with his clnc.irrence, to defend the pro-,' ctifim vend.
:teetinSt hint for murder; or, if necessary, that he, tins de.
.par.lClit, and the seed George Jay, would execute a bail-bond
the atbresaid gentleman ; but the said Mr. Nicholeon told
t'ti's deponent, that he knew very little of this deponent, and
eething of the said George Jay, except that he was concerned
74 Thl1111:11; the murderer, and , that he considered that
circtimseance of itself, slifilvient ground to decline to accept his
responsibility,' or words to that effect.' Anil this deponent
ti.irther Kahn, that he, this deponent, remonstrated with the said
Niehol.son on the impropriety of e professional roan speake
ee in :each term s of another professional man for acting in a
:'ence whh!li, after lie had been called upon to undertake, he,
deponent, considered him, bourn! to undertake; and that
,id George jay, was employed by the ftiends of the
,',.•oe ell, and not by Thurtellhiniself; but the said 141 r.
::,t that he thought even Thurtell's own father (might
• eee.re in sash a ease, but leave John rrliurtell to
.e. wheels to that effect. And this deponent 'eeth,
tether n, with the said Nicholson on the
'‘e-itty of a professional man calling a prisoner a mur.
e tail he had been proved so according to the laws of
his
..,•; arid before a proper tribunal; upon which the said
'Henn iiaid that he was so satisfied with the guilt of
•irtal rani his companions, that he should not corn.
were hanged withont trial, or words to that efr!et.
—An:l this deponent saith that he bath lately been much at
;411.ertrottl, and has had a deal or conversation with intlivi-
,e3als residing there, and of the rank or class of pettple not or
conmion jeers es are: generally elected, who: all expressed
tii.ratselves so satisfied of the guilt of John Thurtell and
Atle companions, that this deponent iS quite sure it, will li.'
tally' impossible for the easel prisoners to have a fair and
1).`"11 triA in. the county of Hertford, afoyesaid, at these
Aisizes t and this deponent saith, tiLit he, thbt deonent,
olds
. in tot/wetly with the said George joy, apply on the 13th day
Lit November Ut the Reverend illr. Lloyd, one of dm visit.
ing Magistrates, at Hertford gaol, for the"purposc of s..e-
.iog and emstdimg with the soul Thurzell as his pr t.
ete4sional ::wiser in ceedeetny with the said Geierge Jay ; but
tl.e said 31r. 1..10yd informed this deponent, that in con:
sequence of an order lately made. by a nu- terous nil of
snag...orates, he could admit only one professional adviser, and
tte.% 'f'aurtell had informed him that he should prefer to
317. J'l,' ; and Oil ;eorge Jay
Lod this deponent, it vies jadited proper that the said Geinge
b.ing It to the, prisoner, witielt this NV,AS 11,,t,
this deponent, never having weal the said John Thurtell),
,V 1 d, the pre per person to visit hint as his professioAal adviser
.in that instance; and this deponent and the liald George ihty
.I,_d the :elk' Air. Lloyd whether, after die-said George .ley
fuel been the said .leint Thartell, and had taken his preliminary
ieestritetions for the defenc.,, and had informed iti,n, the said
Jelin TiturtiAl, that this deponent had Ids the said G..mge,ilty.:i
eontitlettee, anti that leer, titt said John 'Thorn:ll, might, cen.
'ii-ti in this depoeent, lie, this deponent, would afterwards ite
allowed to ee e the ,‘:tit! John Thuriell alone ? when die said
12nyil inforoitel Ceis ti,.por,ent and the said Ocorge itty,
'last aftec ch.le.:'r lee real George Jay or this deponent had
mate seen the eeid Jelin 'Phurtell," the other would never be
eteertnitnel to s-e blue till the day of trial I and this deponent
mite], that from die 41,.etst distance at which the said George
.1-tty resides front London, being one Ittindred and nineteen
tutes, or thereabouts, it was eseentially necessary that he, this
dopenent, ehonid have free and u»interrninetle access to
'*'.aid John Thurtell, for theintrpose of preparing, his de.
•ieace. And this depentnt scale, that on Santrtley, the 15th
oay of Novenilmr Ir.A. this deponent applied to the Bench of
,Magistrittot, then siteirg at flerzford, apparently about twelve
in rnimber, to he admitted to the said John Thurtell as his
professional adviser; but he was then informed by the said Mr.
Istloyd, on the behalf of the Magistrates then assembled.
lii
Ate:: presence, and with their.coneurreneeethat they retesed to
Trutt Knelt aecess and detlined stating their reasonA. And this
ti epUrlent Waal, that on Ni''erinetlity, the litth day or Sovember
lave he, this,deponent, applied to itts MajestY's Court of King's
Bends, for a mirldamur, coonmolding the said 'Magistrates tit
alma this deponent to the said John Thttrialll as his profes-
advivr, which the sttid Cettrt granted, and this deponent
saw the said John for ,the first time on Thursday, the
2t)th day of Nee.nn",,•:r last. And this deponent salt;), that
'..n Saturday, erg, '2'l:l day of November last, Robert Clutter-
back, Kitt., mai 11.1astiN JEati., two 'Magistrates of
1,/,:s county, came to the, jail at J ertford aforesaid,
,with
'witness %/hem the said lial.iistrates informed this deponent
ttwy intended to iutieednee to the said' John Thurtell, for
/be poroese of re tili;)g over his depesitions to the littid prisoner,
in his, the 'alit nr;:501;Cl?. ; sadthey :'t the suns:
infitented terry depopeitt, dint ti aulf: must be eonsidered
tis
ctt indttlgenc'e; to the said prisener, insomuch as he might not
he taken by surprise sly the eviiiesice af the isaia wime3s en the

trial, but this deponent declined to accept such indulgence ;
and this denooent saith he bath been informed, and believes,
that on Friday, the 'Pith day of November last; the said last-
named Magistrates again 'came to the said gaol, and, in the
absence of this deponent, introduced the said witness to the said
prisoner,. for the:purtgaie --. • ' tbtifyittteliW-' t Ind this dot,
neiA with, that front tl. a t other *erre_ p f ns, tlfe initt4
of the said-prisoner be
materially to impede a epdnent in lire** his defens
And further, a idiflie y 01 also, by, atleentroduef .
a fresh witness, at that late period thrown upon this d&
ponent in knowing' what case, on the part of the prosecu--
tion, he should • he callei eupen to. ~neeeta .eitiad.ahlisetless.
ponent further saith, he lath perused a certain daily. news-
paper or journal called The Times, published on the let
dais of November last, which journal or newspaper contains
a long relation of the circumstances of the murder of the late
Mr. Weare, and amongst other things a confession or statement
Mentioned to have been made by Joseph -Hunt also indicted,
ea this deponent believes, thr the said. murder, before the Ma-
gistrates whoexamined him touching the said murder, in which
confession or statement the said John Thurtell is represented
to have informed the said Joseph Hunt that the said John
Thurtell had murdered the said Mr. Weare; and this deponent
saith, that ein the saki confession or statement, the following
dialogue or conversation is stated to have taken place between
the said John Thurtell and William Prohert, on their ar-
rival at Probert'a cottage,- on the evening when the said mur-
der is supposed to have been committed, that is to say, " I"
(meaning, as this deponent believes, the said John Thurtell,)
" have settled that b— who robbed me of 300/." Prohert
said, " Who d'ye mean ? What d'ye mean ?" Why, said John
Thurtell, " I mean to say I have blown his brains out, and he
lays behind ,ft hedge in the lane."' " Nonsense, nonsense,"
said Probert, " you have never been guilty of a thing of that
kind, John Thurtell ; if you have, and near my cottage, my
character and my family are ruined for ever, but I can't believe
that you have been guilty of so rash an act. here, Hunt, (to
examinant) (meaning the said Joseph Hunt, he being then
under eeamination before the said Magistrates) take in thaloin
of pork, and desire the cook to these it immediately." " I
(meaning the said Joseph Hint) went into the kitchen and
waited until Probert came in, which, to the best of' myknow.
ledge, wits after a lapse of five minutes. Before we went' into
the parlour, I said to John Thurtell (meaning the said John
Thurtell mentioned in the above-mentioned indictment) you
arc jcstiog about killing a man to-night." " Abebut I have"
Was his (meaning the said John Thurtell's) reply, and no one
else but Wears that robbed me of 3001. And this deponent
saith, ' that he bath also respectively perused the journals
or newspapers, called The Times,' and the Morning Chro.
niche, published on the 3d Noveinber last, each of which re-
lates or sets forth the proceedings and depositions of witnesses
on the Coroner's Inquest, held on the hotly of the said Mr.
Weare, containing amongst other things a statement, entitled
". Hunt's confession," in which the soil John Thurtell is re-
presented to have told the said Joseph Hunt, that he, the said
John 'Thurtell, had Murdered the said Mr. Weare; and also
avetatement by Wm. Prohert, who is also indicted for the said
murder, in which just mentioned statement is related the fol-
lowing conversatieth or dialogue, said by the said William
•Probert to have. passed between' iim, the said -Wm. Probert,
anti John Thurtell -" about.o o'clock, we (meaning the said
IVilliern Probers, and Joseph Hunt), left here, (meaning the
Artichoke public house, in or near the village of Elstree), and
went to near Mr. Phillimore's lodge; Hunt said, I moat • wait
here for John Thurtell, and you may go on." I (meaning the
said XVII). Probers) got within a hundred yards of my house,
and then I met John Thurtell. Ile (meaning the said John
Thurtell) said' Where is limit ?' I (meaning the said Wm;
Probert) said, I have left him on the road waiting for you. Ile
(meaning the maid- John Thurtell) said you must drive back,
then, and fetch him, for I have killed my friend, and don't
want hies ;" and this deponent saith he believes that the said
William Probert, In representing such his statement or con-
feseinn, this, the said John Thurtell had used the words " I
Haase killed my friend," meant it to be understood' that lie, the
'Reid John Thurtell, had informed him, the said Wm. Prober;
!tent he the said Jo';n Thurtell had killed the said Mr. Weave.
And this deponent saith he bath perused the said newspaper
or Journal called The Times, yublished on the 4th of No-
vember last, iti which is sat forth a further statement or
confession made - by the said Joseph Hunt, containing
aMongst other statements tending to show that the said John
'Thurtell murdered the said Mr. Weare, the following pas-
sage f-a" I (meaning the said Joseph Hunt) forgot . to tell
you something. On the return of Thurtell (meaning the
said John. Thurtell) after the body was removed from the lane
end sunk in Probert'a pond, Thurtell produced the reader,
(flash fur note-case), out of which he took three five-pound
not: and also a purse, from which he took four sovereigne ;
he gave Probert -and myself (meaning the said Joseph Mtn)
61. each as our share. 'of the property found. He then burnt
the mite-case and theeptirle; lie also burnt it betting-book, a
red one. At the requeit of John Thurtell, I pureoased, in
Ilindeareet,allloomsteiry; a sack and sante cord, which went.
down its Thurtell's eltaise. Vurthcri John Thurtell told tor,
, when describing the manner in which he bad tackled with
Mr, Weare, that at one time he had nearly mastered hini
and got above . hint, upon. which he (meaning- the said John
Thurtell) took out his knife and cut his throat, the blood of
1 Mr. Weare, its conseqaceee came in Iris face and into his
lanouth ins. such, 'quantities that - he was pearly chnaked; it
was in consequence of this that he was seized with sicknese
lit supper and could net eat any pork ; after he had cut Mr.
.Ilreare it throat, the unfortunate Oentleman's strength failed,
and he threw him off; he ti•ien took his own shawl, and
Wrapped it round the neck of the corpse to prevent the effusion
of blood." - rand this deponent saith, that the Morning Ch rd.
nk:.'e, of nth of Nov. contains the following passage (amongst
'other thiegs) es" The murder of Mr. IV. Weare.---Further and
latest particulars."—" On his (meaning the said William Proe
bert'e) arrival there (meaning his, Prolieres cottage), he saw
John Thurtell, to- whom he mentioned that he -had left Htint
'waiting fur hint, on which Thurtell said, Oh, I: have done the
trick without hint;" meaning- as this deponent believes, that
be,.the said. Jolm 'Thurtell, told Probert- that he had murders
cd the Keil William Weare without ,Hunt's assistance; and
in the said last mentioned number' of the Nereinee Chroeide
is the following: passage:---" it would seem from inquiry-oe the
silt, that John 'Thurtell drove Weary_ pet Probertie cottage,
down (;,ill's-hill-lane, as he was seen in a•turning in the lane
at eight o'clock, by a man whonotieed the diatreesed state of his
horse. Thurtell had then got out of the' gig, and seemed to
be feeling in the breast of his great coat for something (now
supposed to be the pistol) ; anti it, is believed hut for thci
interruption he receiyitil,,be would have effected his purpose an
this spot. Finding himself disturbed here, howevex,,he drove
on clown the lane till lie arrived at the place where the ilteatlfil
tragedy took place. This was about eight o'Clodk, asPreemioi
sod Ins wife, who heaid the report of the, pietel, followed hy
the groans, and the man who met, the parties, both agree. The
scene of action was nearlyhall-a-milefrom'irobert'shouse, and
after the murder was accomplished, the 'victim. Was ili*AWri
through the hedge into a turnipetield, where the hotly remained
till it was subsequently removed to the pond in the garden..
The, bushes in the hedge, the maplestree cloteeo the stair, soul
the fence, all bore marks of blood, which have been since
Out off by the curious visitere. The lane in which the deed
:was thine would not admit of two gigs to pat's, and ha 4.
a •• singularly wild
..and romantic _appearance,. being over:.
shadows(' with trees. Men are .now engaged in widening ite-
and the place through whiCh the body 'was taken-has assumed
quite a difliaent . appearance. After Thertell had connuittecl
the murder, he must have gone to the end of the Line beferei
he ferried his- horse. This was nor more than a disi:ove-of
20!) • or 300 yards." And this deponent said>, he bath perused
the :said newspaper called Vie Times,. which wits published on'
'the '(ith of November last; and hath extracted the following 1
passage from an article, therein, headed" The Murder-or
,11r. Weare.'—" i ywould,appear froin'.what .hiss ben -.stated:
' liV one of the prisoneri (Hunt) that a desperate struggle took
pitiert- between -John Tlitirtell- and Wears beftire the latter
aria, ...Conipletely overpowered. Hunt: says. that John Thurtill
Shot Weare whilst lie was sitting by las hide- in the chaise.
- Thurielrbad- intended; to blow out the brainit of his victim,
. but the . ball struck upon • •Weare'a cheekAieut and stunned
libsi, win_
fell which. the assassin threw bins oat of the. chaise;
W When eare upon the ground, lie _ recovered in sonic
degiee from- the efleets -4f the shot, and got up rind ran a
few yards. - Thurtell then jumped out of the gig, • ran up to
Weare, and drove the barrel of the pistol into his hmsl.--:
Weare closed-upon• his aaaaillint, and, to use'-Hunt's words,
' a sharp scuffle took place,- ited Weare was near getting • the.
better of him onee or •twice, .until tieing at exhaaritcd,
Thurtell succeeded in cutting his throat with his peli4de.'---
Ilunt • was asked •how lie knew all thiS, 'he answered, ' Why'
jack (meaning the said John Thurtell as this deponent lie-
lieves,). told- me himself.'" And this, deponent said), he
bath partly perused the -said journal, 'called 'The Timex, pub--
it:tiled its the I/sit of lust November, which contains -an-article
under the title, " Murder of Mr. Weare," from which the fel,
}awing le an extract: "linnt is equally earnest in his teisevera"-
tiee at •mnecence of the crime, and, together with Prohert, denies
arty knowledge of the dreadful occurrence: until apprised of the
murder by Tiutrt-11 himself, when, (as has been already stated)
he solicited permission to conceal the dead hOdy in the pond of
the cottage.' And this deponent &dal, he bath partly -perused
the said journal, calhd Tine Times, which was published on
the VI day Of November last, in which is an erode imded
" The Murderers of Mr. 'Metre," giving so account, als,-cigst
.other things, of further evidence adduced against the taid
'John Thertell.- and evidently holding out . to the public that
the said John Thurtell is one of the murderers of the said Mr.
Wean. And - ibis ileportent aaitli he had perused the tnfm.l
Journal called The Times, published on the Bth di y of Noven-
her last, wherein he read an Article, headed " Murder of Mr.
\lrmo," Storti which the ,following is an, extract t.....“, It is

. .
alleged that on the Sender when he (meaning Noyes, one
of the witnesses for - die prosecution) went down to Probert's
cottage after the •nitirder, he ..Was informed by the mur-
derers (meaning thin,dePonent believes, the said :lan
Thurtell, Joseph Hunt, and .-William Probert), that .they Ott
done the deed. And this deponent saith, he bath read in
of die said journal called The Times, published on the 10th iley
of November last, in which-is an article headed " Murder. of
Mr. Weare, containing a statement said to have been made by
Mrs. Probert, in which :she says that she saw Hunt and Sohn
Thurtell enter the gaiden.fron Bunt had a
light in one hand, and with the other was assisting Thurtell in
slugging along sonic heavy substance—that she could not-see
what it was, but it was something very heavy, and was enve.
loed in a sack ;" and also containing a statement made by the
said Thomas Noyes, as follows :—" That in a conversation with
his (the said Thomas Noyes') sister, Mrs. Probert, she told him,
the said Thomas Noyes, that she saw Hunt, Thurtell, and her
husband, dragging the' body of a person across the grennile,
and that Mr. hrobert and Thurtell were- the persons who had
hold of the corpse, and that Hunt only held the candle ;" and
also containing the examination of Charles Tetsall before
certain Magistrates of Hertfordshire. which said Charles
Tetsall is, as this deponent is informed and believes, bound
over to appear as a witness for the prosecution against the said
John Thurtell on his trial at the approaching Assizes for the
county of Hertford, for -the murder of the said Alr. Weare.
And this deponent saith he path perused the said Journal
called The Time:, published on the 11th day of November
last, in which is an article headed " Murder of Mr. Weare,"
under which ix given a statement purporting to be "An out.
line of the London life of John Thurtell ;" and this deponent
believes it is intended thereby to connect the said John Thura
tell us the murderer of the said Mr. Weare ; and this de-
ponent saith, he , bath partly read the said Journal called
The Times, published on the 12th day
.of November last,
in which is an article headed,. " Murder of Mr. Weare,"
from which the following is an extract e-s" Now, as the supa
position is that Hunt and Thurtell, while sitting up on that
night, burnt the clothes which they had previously cut from
the body of the murdered man, (meaning, as this deponent be-
lieves, the said Wm. alreare), it is not impossible but the ashes
might disclose sonic fragments of bone or metal-buttons,
which would establish the supposition already entertained."
And this deponent saith, he bath read the said Journal called
The Times, published on the 13th day of November last,
in which is an article beetled " Murder of Mr. Weare," and
commencing as follows:—" The situation of Thurtell, Hunt',
and Probert in Hertford gaol, continues under the stime rigor.
ous surveillance and restraint. Two prisoners remain in the
room of each to act, not as attendants, but extra guards ; and
owing to some improbable notion that a rescue was intended,
Additional watchmen have been provided within and without
the walls of the prison. The precautions display the iambi.
ble desire of the Alavistrates to :sedum the guilty culprits."—
And this deponent with he limb read partly the stud journal cal.
led The Times, published on the 14th clay of November last,
in which is an article headed " Gambling-house murderers."—
Two prisoners remain in the room ofeach to act, not as attend-
ants, but extra guards; and owing to some improbable notion
that a rescue was intended, additional watchmen have been
provided within and without the walls of the prison. • The pie.
cautions display the laudable desire' of the Magistrates to
secure the guilty culprits," evidently giving it to be understood
that Thurtell, hunt, and Probert are the gambling-house
murderers of the said Wm. Weare. And this deponent, saith
he bath in part perused the Morning Chronicle of the 6th of
last November, in which is an article headed " Altteder of Air.
W. Wean'," from which he has extracted the following pas-
sage :—" It is not a little singular that on the day on which
Thurtell and Hunt perpetrated the murder of the unfortunate
Mr. Weare, the father of:, the former had been re-elected Mayor
of Norwich." And this deponent with, he bath in part
perused the Morning Chronicle. of the 7th day of November
last, in which is an article headed " The Murder of Mr.
%V. Weare," front which the following is an extracts....
" Indeed suspicions exist that the murderers (meaning, as this
deponent believes, the said John Thurtell, Joseph Bunt. and
Wm. Probert) after the deed had been,committed, waited until.
the tinnily had retired "to rest, and then brought the body to
Probert's house, when the ceremony of stripping took plate.—
And this deponent saith, he loth in part perused the said jour-
nal called the Morning Chronicle, of the Bt.h day of Novem.
ber last, in which is an article, headed " The 'Murder Of W.
%Veere, conteinintc the examination of Mr. Tetsall,
who is, as this deponent 13 informed and believes, a witness
on the part of this prosecution; end time said last men.
apnea -Newspaper alst) contains three plates. representing
the facts of the said :opposed murder of %V. Weare, its the
:lame were detailed by the several witnesses before the Coroner,
at:the inquest on, the body of the said-Wm. Weare. this
deponent saith, that the first of such plates is headed—" Plate
1. I'r:inert's; Cettege and taarden ;" and represents Probert's
cottage and-garden, in which are the figures of three persons,
fats gated, ant this (11.ortent believes, to represent the said John
Thurtell, Joseph ttuntoold,Wro. Prohertorio.of whom are,
a 3 this tieponent h dieves, ill the act.of drugging. the hotly orate
i;aid Weare Siam ono part of a certain pond, represented
such plates to the other ;mart thereof, whilst the other ot' the-said
prisoners is represented to be at a shot distance *um the other
two with hie hand on a :pale mentioned in the confession of
the said Joseph Hunt before alluded to • have been taken down
to I'robert's cottage by. the, said John Thurtell, for the purposa
of burying the said 'm% nt.,W. care a and this, do p men t saela that
the second of such plate,: is entitled, " Plate 2—The scene of
the murder in bill-hillelane," in which a: person, intended, as
this deponent believes, to moan the saitJohn•Thurtell, is re., •
presented as dragging the body of a dead man, intended, al
this deponent believe, to represent the said WM:We:ire through
the hedge, whilst the horse
.And gig, intended, as this depos
nent believes, to represent the horse And gig. mentioned in
the evidence before the Coroner to be the Same in which the
said John Thurtell left London, and represented to be itandl
ing in the said lane, called close by the person
intended to represent the said John. Thurtell ; and this depoa,
nent, John Haute for hiMself :aids, that he bath perused the •
Morning Chronicle published on the 10tie of November lest;
in which there hi an anecdote represented as being related by the
said John Thurtell of himself, in these words (that is to say),
" lie (meaning the said Thurtell) was with the English at
the storming of St. Sebastian, and when they entered. the
town, he (meaning ethe said John Thurtell) saw e • Pa-
lish officer in the French service leaning against the wall,
seemingly done up with wounds and hard work. I (mean-
ing the said John -Thtirtell) though by the look Of him, he
continued, that he was a Nob, and must have sonic blunt
about him, so I just tuck up my sword an !his. ribs and
settled hint, and found-a hundred and forty doubloons in. the-
pocketa-a good booty was'nt-it Joe ? turning to llnnt, who.as-
sented with a loud laugh and enothet fugsend of a song," the.
- relation of whieheald anecdote is, in this deponent's judgment,.
calculated to create a prejudice against the said John Thurtell,;
and to induce the reader to. indulge an idea of the capability or
the Aga John Thurtell of committing tnurder. And this de-
ponent saith, that he bath perused the Morising Chronicle, put).
lished on the 11th day of November last, in which there is the
pear ,graph, entitled "'The:Murder of W. Weare, Esq." and
in said paragraph it is ended that " A curious scene was
exhibited in •Aleuchester.buildings on Satinday last, in conse-
quences:Ws/04*ton the messenger of the COMM issionets of Bank-.
ropt,breakiug into the premise:: lately oecupied.therebyJ.Thur-
' tell. Nearly 200 per-sons iv `re assembled, and an entrance be-
log, obtained, there was it diligeet search made for-any property
which might be there deposit:AL -t'u'bers -was very little furni-
ture in "the house; but there were several parcels of goods,
};lass, quart pots, &c.', founds which no doubt had been obtain-
ed under false pretences, bat the. valnes however,. was not more
than atit. Among other things found in the„parlour, were a pair
of immense dumb-bells, weighinall or 9 pounds- each. These
woman: weapons with which J. Thurtsll had intended to, have
murder ii Mr.Woodsehieriyal in the. affeetions of .Nlist Noyes,"
Arid this deponent rtirthet eaith, that he bath perused the Morn-
.fea.r Chronicle of the 13th of November, anti bath extracted 'the
Mr. fellowing passav front erticle thereineheaded " Murder of
Wan t--•`• Janice. Slack, a dealer in hardware, hits also
ben exeinitted ; he livei in Long-acre, and it appears' that it
weterrom.hinethe spade was purchased for the ,purpose of dig-
gingthe grave in which the body pf.the intended victim was to
-pulse been buried. Mr. Slack's desztiption of the person to
wham he Old the spade exactly corresponds with the appear-
ance.of Bunt before he shaved otlhie.whiskers. . The purchase
Took place on the Thnrsday before the murder, op that it would
seem :data that net only the deluder 'and- the •manner of its'Pera
petretion were, the aubject.of u settled pieta but that the mode
of disposing atlas body had also been decidedly fixed.. Con-
necting these recta with the meeting of all the parties at Teta
eall's before -the dreadful deed was committed, they excite. the
strongest sensations of horror, and, lead to ether sospiciona
of a painful" nature. We yesterday heard that limau,_ the
notorious gambler,- to- whom it is attributed' that he offered
And this eapenenntifoTritiintegrlaiilt:,
.John Thurtell.threc hundred pounds to put Wcare• out of the
way, lied. surrendered himself to time Police at. Paris, for the
purpose of' heing'sent home."
that in the said; last mentioned-paper, there;are- circuits:A:meta
detailed relative to the said ehatge aL,,ainst John Thurte,ll, and
among withal it is etatedethat that" on WednesdaY
Mr. John Thurtell was taken tip at the Cooth and Horne,
Conduit-street, tlond-staeet, under a warrant hewn dttiejeA.p.laargtifi
tthiehepribsoodnyerso:
v.rseess Watfoid. the occupied. by John Thurtell, a
large and email pheetwere fhund, and some clothes,•which Evers
minited, and in. some places almost soaked in blood ;" and in
ashlition it was stated that Mr. Ilunt, one of the persons Who
had been eppreherled, had been induced to disclose the
of the sw4pectA transaction, when it turned out, :weenie
iii,y to, his confession, that ,Icahn Thurtell, one:
had on the Frit* evening in question murdered a person of
the name of Weare at the spot in Gill's-billelane, where7the
two men had been et:eking in the hedge;

the murdered man was first of. all on Friday evening disposed
of in a pond in the grounds belonging to the house occupied
by Probert, and lay there till Monday, when it was removed to
a pond two miles distant, and there thrown in and left." And
in the same, article it isefurther etated.ittot "on the person of
ule John Thurtell was fod a tifitel, the feTloW of the one picked
up in the lane. ler hisvaietcoat-pocket were ten swan-shot,
aeienknife, and-a-P)stql-liey. The penknife was identified by
Mr. It ex wortliy, as thsitroperty of the deceased, and he saw it
in his..possession- on the Friday when Mr. Weare left London.
Alr. Ituthven, the officer, also produced on the Coroner's In-
quest nmuslin handkerchief marked with blood, a black waist.
coat marked with blood, as if a bloody hand had been thrusted
into one of the pockets of a coat, which was marked with blood
in several places, all Of which were found on John Thurtell,
or in his possession. In Mr. Probert's stable, a torn and bloody
shirt were found on Thursday, with the intitials of the deceas.
ed, etnd it was .of the sante make as a shirt :found at John.
Thitrtell's lodgings._ The gige which was-hired for John Thur-
tell and himself by Hunt on Monday, and which was used to
convey the dead body, was observed, when carried home, to be
stained with blood. Mrs. Probert is understood to have deposed
that she saw. from, the window of her room Hunt holding a
candle, and John Thurtell drawing a corpse along the ground ;
that she heard the conversation between her husband- Thur.
tell, and Hunt, about sharing the money." Anil' it is
further stated in the said last mentioned paper, that " before
leaving London on the Friday evening, it appeared that
'Thurtell :and Hunt had agreed the latter should be put
down. by Probert at a certain place called Philimore's-lodge,
which accordingly took place, and that Probert then drove on
tie his own house. Here he met John Thinned', -by Whoeedirec--
tions he went back for Hunt, and brought hint hack to the
cottage in the gig.—The presumption therefore is, that the
.murder and the whole scheme for carrying it into effect was
planned (and was to he executed) by Thurtell and HUnt con-
jointly. Owing, however, to Hunt being later than the ap-
pointed time, which was again owing to stopping and dringing
on the road, Thurtell' performed the whole deed himself.
From the state of the body, there is reason to believe that the first
assault .was firing a pistol at Air. Weare's head, and the cheek-
bone turned the ball aside; that afterwards his skull was
fractured by repeated punches with the muzzle of a pistol;
and that, finally, his throat was cut when he was lying on
and grasping his assailant. After he was murdered, Thutell
dragged the corpse through a hedge, and left it lying there till
the arrival of Probert and Hunt, when all the three went down
the lane,- and removed it, carrying, t and throwing it into
the pond, close to Probert'a house. On Alonday night
John Thurtell and, Hunt went down to Probert's again, and
with his assistance the body was taken out of the pond,put into
a gig, carried away a distance of nearly two miles, anti thrown
into the place where it was found." And this deponent further
smith, that he heth perused the Morning. Chronicle published on
the l,lth of November last, and that he read therein an article,
entitled " Murder of Alr. 'Weare," and front which said article
this deponent made the following extract :—'c It is remarkable
that Mr. Wearee watch, which -John Thin-tell exhibited to his
associates on the eight of the murder, has not yet been dis-
covered, although the most diligent search has been made for
it in till directions." And this deponent further saith, that
he bath perused the Mornini; chronicle,• published on the
Ifith of November last, and fretri ae, article, entitled,
" Murder of Mr. Weare," he has made the following
extract :—" Evidence has been obtained which carries Mr.
AVeare front his own chambers to Cumberland-street, New.
roar!. In Cumberland-street he is met by a tall man (be-
lieved to be John Thurtell), who assists hint in removing his
things to a .house which it is presumed was the same taken in
the name of Brown. He is here lost till shortly after seven
o'clock, when two men aro met thriving in a gig very, fast to-
wards Elstrce, near the ninth mile-stone on the Edgware-
road. One of these Men is recognized to be John Thurtell :
the other there is every reason to believe was Weare."-.
And this deponent saith, he bath been informed, and be-
lieves, that above 7,000 copies of the said journal, called
The Tithes,. turd 3,000 of the said journal, called the Morn-
ing Chronicle Are respectively printed daily. And this depo-
Dent further saith, that having seen in circulation, and stuck
up in diffizent parte of London, publications, appearing
to this deponent to he similar to a certain play bill produced
and shewn to this -deponent at the time -of swearing this; his
affidavit, arid marked.with the letter(A) ; and on one of these
hiceing been delivered to this deponent, he, this deponent, there-
upon proceeded to the Surrey Theatrr, in the county of Surrey,
and this deponent examined the said exhibit. marked A with a
similar paper and advertisement stuck up. against the portico of
the said theetre, and, he saith, that the said exhibit A, is a
counterpart of duplicate thereof; and this deponent saith, he
hatli. been informed and believes, that the said entertainment or
performance announced in the said exhibit was performed on
Monday evening last, the 17th Of Ntsvember instant ; and this
deponent, Pritness Fea ton, saith that he, this deponeat, went
on the evening of the 34111 t: 17th of November, to witness the
Thaformauce of the said spectacle, called the Gamblers, for this
porpoise. or *eel ri!T thz .cireimistanecs and' nature' thereof ; and
son entering, the said theatre, bought of one of the personts in the
avenues of the tiaid theatre, whose employment appeared to be
to sell the play '.pills of performance at the said theatre, a smaller
play-bill or advertisement to the same effect as the said exhibit
(A). And this.deponent saith, that the incidents in the said
spectacle or entertainment are very similar to, antlindeed nearly
parallel with, the occurrences detailed ;in the evidence given
beihre the Coroner on the inntiest on the-body of the said 'Win.
.Weare, except that the. scenic representation appears to excul-
pate- One of the supposed murderers at the es:pence of the
other two; and this deponent is confident that one of the per-
sons in the enelodrame or exhibtion is intended to' represent
the said John 'Thurtell; andsthis deponent saith that there was
.a
crowded audience during the said performance, who appeared
to be Much excited, and expressed great and peculiar applause
when the officers seized the person, who, as this deponent-be-
lieves, was intended to represent the said John,Thurtell, and
saith that the said entertainment or performance is evidently
.calculated to prejudice the ..pablic mind with 'regard to the
trial about to. bike place, .of .the said John Thurtell, for
murder.- . And- this deponent,. re T. Fenton, that an
application was made in the Court of King's Bench, for
leave to file- a criminal inforMation against' the proprietor of
the said theatre .for a misdemeanour, • in exhibiting • the said
iieriOrmance, called it Tie Gamblers," founded, on affidavit
eettine- forth the facts immediately: above . deposed to by this.
deponent, and the said Court thereupon granted a rule to.
whew cause , why such criminal information --should' not be
.filed against . him 'which rule . the said Court afterwards made
abeolute. Anth.tllis deponent, john Heinle, further saith, that
'he, this, deponent, has been informed, and verily believes, that
• upwards of 111,1100 copies of the book or pithliCation herennto an-
pixed, marked 11, Have recently been sold .and distributed, and
that upwards of 5,000 copies of the said work have .been sold,
and circulated in the county of Hertford ; arid thereupon this
deponent, by the direetion'of the -said Francis T. Fttnton, on
Settaday, the 22d:November last. went to the printing-office and'
shop, of Joseph Edgerley, No. 70, Fleet-street, London, printer'
and publisher,- in which said office and shop the seid Joseph
Edgerley then: did and still doth carry, on the butinees of printer.
andlmblisher, and seller of books, and as such printer and
publisher bath printed; published, and sold,. a
.great number
of the books i.tal publications similar to that hereunto annex-
ed and marked li,. and' thereupon this dePonent on the same
day purebased.of. . a young man in the said printieg-offiee•
and shop, who it a brother of the said -Joseph Etigerley,
and aled his apprentice asp such printer, as this deponent
is informed and verily. believes, the• book, publication,' and
narrative, hereunto annexed, marked li., and paid him for
this same one shilling; and which . Said liook, publication,
and narrative, title 'deponent verily belieVei the said yoOng
man was authorized by the said Joseph Edgerley-
him, in the way of his said business of printer and pub-
lisher; - and this • said young man at the
h-gt
vi
seeenoriittctiiy:cliteiblenl
ele,ouritepei:l;kteiaalsTditoiltyest
aaiot printing-office and shop, told this deptneont, that the said
•?trie,oPollol,c4ogpeirt.i>seYolflatillres°l:laindt itviolerk7itainertilniatt
how-rite wnh%tineytifvewreh
csehnitrilionrtomalltieoritiftotritilssTerlelontoenbte
time
etruoshrseerivieddtl dtehpeoLcindt: f..pnrriteirngsa.oltinh,cathaat.
grit
in talluthinebr o saute
f
lar to that
ed
°l'
hand-billsEtcv;errciai nweCly 211::::iarliheLt.
s4(l-vvtibn,upe-illds:rlit.lii4((til'atraen-e6l:ad:;dei tvnbilgseyt'lsr. 'a;c6tssuileininettiningli
jelast °3ene, la!filittrirstn-lPaciriritinit:ett
ainetleg;
nd
saioh joseplt Edgerley as an
annexed ; and this deponent inisalindaoivtrrieetc,iii,is:epaAtit?cti:neio4t
fdolit.tid'iel4tiel;uniisttailied 12)47111 co or
Npouvlediini cba
al.hs e
twof
said work, markets A, antlirecis;4ficior
, a co ey weereo:
• sot hiec°r Still jiwe•vi tell:;(tihiat resittalkiet'huOirlrliaztielYtel°6lla.tityildltlittlerl there,
neaetiintimg.t:T; heetdlgi irnittelyesPiticiti°ll:eei
the saine ;
and which- youth gave thishl
' .
eponent the said two
grave this deponent twother
handll!-Ibeinltis olPnrtd .eopielt, and also
advertisements, similar to the'said advertisement
hereunto •annexed, marked C. A
co6intythoef saidll said2 work,dal is'deponent further
cattshc,. tahneotit4itil,
:w.hNicalevicsmahlesroinliNett:euPnuttO; annexed, marked with the letter: Di, 0
iileep :this dopenent further
.711.,Weilriv.i
IS:liTdr:ivio:
ti:,111:11,:i.,-1t: eit
Nn. Paternotiter-reW ones, in their shop,
sa4i: city, in which said
laith, that the eeid
are ever
“ce, flid
excrete,: - 'teed :carry on the tr t -I'
e and trhe'neets of b- le- • P
(to: -%e
Ana this 'deponent saith, that ' •
of the said books respeetiVely, ;Wears by the tide...nave
is the printer and publisher theretit
aft tire asset Joseph Ed,,,ttrley
believes .he Wati and is the.:print ead thia deponent verily
that tlie said work was 1401 d . et' And dishes thereof anti
Thos. Junes, at their - try. ate said IVro. Sherwood and
cud %dap
in laternoster-row. And ibis
sh°"lan

•
deponent further saith, that he did, on the said 22d day of
November instant, purchase a copy of another book or pub-
lication hereunto annexed, marked with the letter E. of the
shopman of Messrs. William Sherwood and Thomas Jones,
at and in their said shop in Paternoster-row. And this .de-i
portent saith, that it appears by the title-page of' the said last
mentioned publication, marked E., that Messrs. Sherwood,
Jones, and Co. are the publishete thereof'; anti this deponent
verily believes, that the said William Sherwood and, Thomas.
Jones are the -publishers thereof. And this deponent further
saith, that he • purchased the • said books hereunto annexed,
marked D and E, in the said shop of the said William Sher-
wood and Thomas Jones, in the asual course of their business,
and that • he verily believes that the said William Sherwood
and Thomas Jones fully authorized their ehopman to sell
the said works marked 1) and g to any person who should pre-
pose to buy the same. And this deponent further saith; that he
hash been informed-and-verily believes, that :0100 copies of the
said last mentioned book or publication, marked F., have
been printed and distributed. And this deponent further saith, •
that Lc bath partly perused • the books and advertisements
hereunto annexed end marked respectively with, the letters
B, C, D, and E, and that in each of the said works ere
contained statements not upon oath, the plain deduction from
which is, that the said John Thurtell, who so stands com-
mitted, as aforesaid, was guilty of the nmeder, of Which he
so stands charged ; and also that he had iniended to murder
one Mr. Woods and one Mr. Beaumont, in. the said annexed
books mentioned, and bath been in other resents a person
of infamous character; and to the best of this - deponenee
judgment the said publications respectively are calculated -
to create a very strong prejudice in the public mind, anti to
prevent the said John Thurtell front having a fair trial for the
offence for which he so stands committed, as aforesaid. And
this deponent with, that an application was made to the Court
of King's Bench for a rule to tile a criminal information against
the said Joseph Edgerly, William Sherwood, and Thomas,
Jones for a misdemeanour in publishing the said books art'
advertisements, and the said Court granted a rule iiisi to show,
cause why such criminal information should not be filed, and
on the said defendants showing Cause against such rule, the
said Court made an order, a copy of which is .hereunt".
annexed, marked with the letter F. And -.lnote 'depooctus,
Francis Tarrant Fenton and John • Allen Ademthwaites
for themselves say, that on the 25th day of Nuv tuber last
they, these deponents, went to Gill's-hill cottage, in the P3'
nisi' of Aldenham, in the said county of Hertford,
and there,
purchased - the exhibit hereunto annexed, marked with the
letter G. And these deponents say, that the person who
sold the said book, marked Cr, to these deponents, in.
formed these deponents that he had sold about ten thousand
copies of the acid book at Gill's-hill cottage aforesaid;
which information these deponents bslieved to be true; and
this deponent saith, that on Tuesday, the Ist day of December
inst., he, this deponent,. saw a copy of the said book marked
(0) exposed to side in a bookseller's shop in the town of llerN.
ford ; and this deponent, George Jay, sloth, 'that lie did on the.
- day of November last go to Gill's-hill cottage aforesaid,,
.and there purchased a copy of the said book marked el, al"'
was informed by the person who sold the same, that Abe°
10,000 copies of the said book had been sold at 'Gill's-bill cot-
tage aforesaid, which information this deponent believes to be
true ; and these deponents, John Allen Adamthwaite, Gow,
Jay, and Francis Tarmrd Fenton, atty., that- at GM's-hill
cottage they repectively. saw a hand-bill, or adverdeetnent, of.
• which the said exhibit is a duplicate, stuck up against the stabil
belonging to the said cottage.

LINCOLN COUNTY ELECTION.
SEVENTH DAY.
LiNcor.x, DEC. 3.--Au itteith,tit ea titer novel
in an election occurred here to-tiny, which, thoug't calculated,'
one would imagine, to put an end to the contest, seems to have:
given new life and spirits to both parties.
Sir John'Thorold, whose unsought-for nomination has been
the basis of all the opposition raised lute, arrived in the Castle.'
yarti today about one-o'clock. He left his ea:fringe,- and pro-
ceeded immediately to one of the polling.bootbs, and gave big
'vote for Sir W. Ingilby. Sir William hail heard of his Arrival.
and waited outside the Castle-gate to thank him for his support.
The Ingilby party desireclnothing More than that Sir J. Th
old should come upon the hustings and declare his se:1011010
•
of the contest as tier as his own will was concerw,d in thisir
Uashwood prevailed upon hint to go to the hustings.
interval, several 'Hauls of both parties having got some H !flit'•
motion of what was • going ftirward,, repaired to the hustings.
likewise. Soon after the arrival of Sir Jchn Thorold !"date'
Dashwood, came Sir William Ingilby, and immediatelytem.
Sir IL Heron, 11r. Mix, Mr. Collett, and several othee
denten made their appearance.
Sri J. Titonor.n, on coming forward,
freeholders present. 11e ol:st:lved that he' ii"dit
ledge whatsoever of tile intentions with respect tO'''''-\'tj 11.
he Tecei'ved the letter franc
tie be, obevrve, hehe4 nelmtitltanc..... ire
him in his life. :The whole- or the contest proe'eecliogi
were, he could assure the freeholders, against his consents--
Ile was altogether unwilling to stand for the county, nod he
disapproved of having been put in nomination. Ile would new
•in any fartherpromo:e it, or &nye one shilling towards supPoc•
tic could assure the freeholders, that ho never isiivaggi
'ed -any tenant or dependent
,of his for his vote on 'the Pre4colle.
occasion. His steward, it was said, had appeared in the CS_t.l.s
yard. His steward was a freeholder,. and he arid-those of
cow v0..0.
tenants who had voted, were in3ependent men; and
as they pleased: He'again disclaimed any wish-to be eleoel_l,.,
but if tht-y would have'him, and no one else, he would,-
f
lurried, serve his county faithfully and honaurablv ; bnCd
cause in -which they were engaged was that of the' ireehol
rend not his..—(,Applattse.) • - rose
This eircumstaace teemed, as ivt. have obseriee, to hie
was lotally cheekrer(ol,b,?:
hat
the spirit of both patio, and great exertions were MO,
each in the course of the (fay to bring up their friends.
At the close3vioo;itlnlhieliinoplinendirltnoittiflaitievnyi..tti;!stir.i.:;rusna.p....pertr,c..d..—.
16. ,
For}.,)r Stilt!
Majority
Ftir• Sir William In(g;irlbsys
• • -
• •
Poll.
3461
1,341
For Sir !John Thotal - - 12
Majority . • - - • -

PORTUGAL,

F

i

i

LisnoN, Nov. 17:—The Charge' tl'Afrairegori!
---.m......
hiscite Adl
an jneas t
ciyb thetain
eEdinoproro hisr.
i‘' oil°
sitt u
is,,sai
t,i
1f hul Ma 1 .1.1 1 g 1 (0,4"
ale '
of
iii:ltsi
iiriglm:
to:Isle:
st
t(sliiitta,ht
etooci
cll:fisliltiitiotn,
Dal. 1
01 :: ri(t)i-; iii
ot:it:t,,i.eittiklu; ills!
(tii:d::.,l.oer::
1::
- set,
iii in,
eC.I
asiv;uo(o::gbr.g::
eui,aBeissin:llo::tf.soilot Ettiltilteaigi rage,
tsitihent,neviliiirnei,eiiti:w.:::::'lcet : It
ailhzi rlie:cflieil:( honouriiiibio:k : te:os:fi6.:tit:ota!e:lts,tt):l.:, 1::: nl::rite:::lSig: :::1:::?*:rtorii o:jtile: Y1:11'3:111:
I:::ltmie.a,n,l,
gays the
de itiltitittrer
.titi,s, 0:::11):11:::11t:itcf•
1,1. , ' •
andtiie lt,:hilet pfieirita)ri 1
i
feet of the Sovereign
already performed, and the offer o(' those Which, cii vol.'
able to perform in future.- These ere actions wh iefos: Oil
thera the bit reward ; the most brilliant that the
fiale, 04
receive is the glory of -having savett his liin.;, l'i' , g .
his country.' . ,i.
. ,ite ase r ect
Ili"
Your Royal Highness will permit me to to ~ le, rOF i
happy opportunity to express also the sentiment-: „I 5
and veneration." - • . - . ocies
tttivolliitri,hcat
tesjeit
„hxoreixe)sri,einiuifNci,l:noit!rv4ye.iri li
iittnli.3-1 —The
al
Ft
siellt
fa.aocinntaitotnatteenl
.s,ili i
LI
it! 1 tc.,lerail,,,
ii4d:sitoul till
el:hi:il:'s,:i .
.1
~. .
been performed.l ,ritY pei J
- ', '• C, ' ,
The (;.:.;tits says, that great praise is clite ,tu'g's
~ eat. v.e.
which this expedition was determined up3nAru,',-0,, etbeil,6i. e '
squadrop, consisting of the Amazon frigate 3 :'
~, 1. t‘ /: otl
sell, WVII tile new Governor 'Don illae.'.l 1- '1,00101%0i, . li
Castro, the 7th Regiment, some artillery, .1": . 1, of Attioa
• ITO ..- I
.11embers of the Cotmuission, arrived on th': -,„ win' tobcr,
After the most striceinvestightion, and hearing t„,i, of OC d,
fifty witne:ses, sentence was pronounced On the ",11,., died °151)• i
when there were twenty-five persons in pre,' '
''' ''
tried, /111':;oped i
son which he tool:, twenty-four were sunin.lieli.s:rz coro
neat
:triezd according to the Royal ()islet. ; 2.2, '
~,b,r inIC Ns! (
to various penalties, and two haVing ltee't
il,g, rebellio,. se.
demi criminal, were discharged. As no at?, .J.ur of ti'lt ref
taken place, it was possible to reconcile the
e: ..._,,„e. rr,,os
li
Intreign with the inflexible impartiality of th
..)__"l-'414 311. 'fe, it
the prompt measures with which his illejelslcieurrij I,"Tijacp
1
so opportundy arrested the prerjess of t!",1 ths Ferns otlitg ,
would have led to the gallows, along w!!,,,,,..,a. rest...,„„ or ti
the Borges, and the Carvallros of the .I,l"rors ,rote
victims, drawn into the w'nirlpool of revolt, gal- corm aitgl; i),
cluction and timidity, than from wicleeti.oe-
.„ A
1 jus,,,„ ten.; - not to li
—May this example of goodness tot
ly jou i _ .
seditious minds, since their perfect co e" . 1111, ,
hoped for. noi'ce ~..stepisJl:il ' ''
ides i 4 3 that 1/ 0
iSoeseNzie:tadvh:;eys2.,3o.blinee—,Staittrilp,eitipefnourrgin,:dtttclildeetiotin:rpfifaijosocrintait:Nlico::n:t:tslin;reta.dtJ:iv,:iritietttliticeijelitition.:?_ciiiltiiip,V,tillso:l.tii :
mese language, shall continue to havc.tia.eit bo wri tri•
kingdoms, and their dominions, ao tld
..1 ~0.
same principle-4 that it has constantly a or--