The Sun.
London, England, 1824-01-06 00:00:00

REMOVAL OF THE PRISONERS•

At about six o'clock in the morning the proper
officers attended the gaol for the purpose of re-
moving the prisoners to the Court House, and,
after some slight preliminaries, they were escorted
from their apartments, heavily ironed, to post-
chaises, into which they were ushered by the
officers. Thurtell and Hunt were bought out
first, and placed each hi a chlise, and Were
conducted, prior to Preheat, to the Court-house,
followed by an immi'ensity of persons, all anxious
to have a glance at the prisoners. On the arrival
of these prisoners at their destination, Probert
was the next object of attention, and in a short
time he was brought from the prison in a chaise
and conducted into the Court.

The arrival of the Judge (Plax), and the
various Counsellors in their robes, was pro-
claimed by the sound of trumpets ; and at the
approach of the prisoners from the gaol, the
streets were lined, and heads in profusion pro-
tr►►ded themselves from the windows.

The prisoners were conducted into the prison-
yard, after having taken some slight refreshment.
On Mr. Justice PARK taking his seat, we
noticed on the Bench the Marquis of Salisbury)
Earl Verulam, Earl Cowper, Lord Essex, Cap-
tain Eitzclarence, and other persons of distinction.
The various Counsel attended.
For the Prosecution—Messrs. BoLLAND, GunsrEY, and
BRODERICK.

For Thurtell-111eura. CHITTY and ANDREWS.
For Hunt and Probert—Messrs. CHAnI.Es l'HlLldrs and
THESSIG ER.

After a short lapse of time, Mr. WILSON an-
nounced that the prisoners were in perfect readi-
ness to enter the Court, but it was mentioned
that Mr. FENToN was absent in consequence of
the great crowd assembled outside the doors.
This caused some delay ; however, with much
difficulty a passage was made and he entered the
Court.

Mr. Wit.soN then led the prisoner Hunt first
to the bar. lie entered with an upright and
affectedly dignified air, and was dressed in black
with white hankerchief, &c.

He gazed round the Court apparently to recog-
nize some friends or acquaintances, and then took
out a white handkerchief, with which he wiped
his face as if perspiring.
Thurtell next entered the Court, and was
escorted to the bar by Mr. Nilson and other of-
ficers. He entered with extraordinary confi-
dence, and looked with much sang froid,
round the Court, and occasionally took a pinch
of snuff: He was dressed in a brown drab frock
coat, a grey waistcoat, and white corderoy small-
clothes, &c.; he looked in good health.

(SECOND EXPRESS.)
APPLICATION FOR HUNT' TO BECOME A WITNISII

FOlt THE CROWN.

Mr. THESSIGER now rose, and, after a few
observations, suggested to the Learned Judge
that his client was ready to make an affi-
davit relative to the statements he had made
before the Magistrates by whom he was ex-
amined, and submitted that his affidavit should
be sworn.

Justice PARK.—Why did you not make the
affidavit at my Chambers ?

Mr. THEssiGEß.—What, a prisoner, my Lord ?
Justice PARK.—Oh, I did not understandiou.
Hunt was then sworn as to the contents of an
affidavit which was put in, and he declared that

the eoute.nts were true, and that it•was signed with
his name and.hand-writing: white he was thus
engaged, Thurtell looked round on him.

Probert was now brought to the bar, and
placed between Hunt and' ThUrtell.. lie was
dressed in black, and did not appear to be much
affected. He looked round the Court, and each
prisoner occasionally looked round at' the Re,
porters with attention.

Hunt's affidavit was read first, which stated
that a promise had been held out to him of
pardon by the Magistrates of Hertford, if he
made a disclosure of the place where the body
of Mr. Weare was concealed, and that it was
made in the presence of Mr. Noel, and also
stating all the facts of the evidence taken before
the Magistrates, and the nature of the various
conversations which took place between him,
Mr. Noel, and the Magistrates.
During the reading of this affidavit, consider-
able interruption took place by the noise outside
the Court ; and Thurtell having his attention
thus disturbed, expressed his dissatisfaction
by a look of some discontent, and this gave
rise to an order from the Judge for the
Officer of the Court to go out to prevent the
noise, or to furnish more constables.

Mr. Noel's affidavit. was now put in, and
read, which stated that a promise had been
made by the Magistrates to receive limit as
a witness if he disclosed where the body of Mr.
Weare was concealed, and unless he did so (they
said), it was likely that the murder would never
be traced.

Mr. GunNEY now rose, and made a few obser-
vations in a low voice to the Jude, respecting
the affidavits just read.
Mr. Justice PARK left it to the discretion of
Mr. Gurney, as Counsel for the prosecution, to
act as he pleased relative to the affidavit, and
those of Messrs. Clutterbuck and Mr. Mason,
(the Magistrates,) were put in, in opposition to
those already mentioned.
The Magistrates being sworn, the affidavits
of those Gentlemen were read. They went
on to state, that Hunt and Thurtell were
charged before them, on suspicion of the murder
of Mr. Weare, on the '29th of October, and a
number of witnesses were examined before them,
during which Mr. Noel went out with the pri-
soner Hunt, as they thought, for the purpose
of speaking to him ; but he made the promise
to that prisoner. without .their sanction or au-
thority, and denied ha ving made a promise or con-
dition of his making a disclosure where the body
was concealed, but they did promise, if he
made a full and perfect disclosure of every cir-
cumstance connected with the murder, then they
would cause the same to be laid before the proper
authorities, but certainly, no other promise, and
it eventually turned out that he bad not made a
full and perfect disclosure of the transaction.
Mr. Justice PARE, several times during the
reading of the affidavits, expressed his assent to
them.

Mr. GURNEY
said he not only in addition to
these, could produce affidavits of persons who
would prove that Hunt had made statements to
them of a nature calculated indeed to support
the case; but in tact they were necessary to
substantiate the fact, and it would be seen
that in his statements to the Magistrates he had
not said a word at all relative to certain facts, but
told a good story, and had given a most uncon-
nected confession, and all legal authorities upon
the question under discussion had decided that
the statements of an
approver must be entire and
complete, without
which he was not entitled to
any benefit from his declarations.

CENSURE ON TUE PUBLIC PRESS.
Mr. Justice PARK said that in order as much
as possible to spare the feelings of the prisoners,
by the detail of such facts, he would suggest that
the affidavits might be handed to their Counsel,
he had no doubt that course would be satisfac-
tory.

Mr. THEssIGER said he was willing to accede
to the arrangement, provided no difficulty arose
as to the discussion of them hereafter.

Mr. GURNEY thinn put in the affidavit of Mr.
Rooke, Coroner ; which, in effect stated, that no
promise w hatever, had been made to Hunt; but
that his statement was `voluntary. The Learned
Counsel then at some considerable length, pro-
ceeded to contend, that no ground whatever had
been established for the alleged recommendation,
to be acted upon.
Mr. THESSIGER for Hunt then rose, and said,
at the time he last appeared there, he was not
prepared properly for his task ; but, although he
since had made himself sufficiently acquaint-
ed with the state of his unfortunate client's
case, he felt how inadequate he was to do full
justice to his interest, more particularly in the
awful responsibility in which his client stood ;
but he should, he hoped, entirely to the satis-
faction of his Lordship and the country, show
that his client was entitled to the full benefit of
the doctrine of approval.
The Learned Counsel then entered into a long
and ingenious argument in support of the claim
advanced in favour of his client (Hunt.)

(THIRD EXPRESS.)
THE MOTION NEGATIVED.

Mr. Justice PARK.—I am certainly of opinion,
that notwithstanding the able manner in which
this question, as to Hunt's being put on his trial,
has been argued by his Counsel, that there is no
ground whatever to induce me to allow him the
benefit of any confession he may have made ; not
that I mean to say application may not be made
for mercy to another quarter.

[ln addition to the foregoing particulars, we
have received a considerable portion of the evi-
dence already taken when our last express left
Hertford. As that evidence however, has already
been wholly before the Public, in the reports of
the preliminary proceedings, it appears to us to
be quite useless -to delay our publication
for its insertion this day. Should our next ex-
press (who is hourly expected), bring any thing
important and new, we shall give it in a Second
Edition.]