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

asked who put it there, said it was be himself.l
It was proved in evidence that there was a pond
near Probert's house ; would it not have been
safer to have put the body there than in a shal-
low ditch. You have heard that the sack, spade,
&c. were purchased ; was it likely that he
(Thurtell) was the monster represented ; that. in
the room in which he was arrested, the drawers
boxes, &c., should be open, and no secrecy ob-
served, was this undisguised conduct that of a guilty
man. There was also another person slept in
the room, —was it not probable that his situation
should have been discovered by this individual ?
He went on making remarks on the evidence of
the several witnesses ; but we could not discover
any prominent feature of consequence in any
of them.] When he arrived at the testimony
of Probert, lie said that this man's evidence
seemed to be the
.only connected chain of
evidence produced against him, he had,
he said, told some truth to-day, but not before
the Magistrates, his (Probert's), evidence in
any point affecting him was not corrobo-
rated by a single witness ; this man and Hunt
had both set up their evidence for sale, look at
Probert's evidence—and the confession of Hunt
before the Magistrates. He was solemnly of
opinion that he himself, as well as Weare, had
been decoyed to the fatal spot by Probert and
Hunt, for destruction. Is it probable that he corn-
municated to Probert, that he intended to murder
Mr. B. Beaumont and Mr. Woods ? certainly
not. On his cross-examination P. admitted, that
until the confession of Hunt, he did not fix on
him as the murderer ; this witness, it was proved,
had been committed under the Commission of
Bankruptcy 6 or 7 times for perjury.
lie then remarked on the inconsistency of Whs.
Probert's evidence, when compared with that of
her husband.

From the evidence of Probert and another, it
would appear that he (Thurtell) was fully pre-
pared for the murder. Clark swore that by the
light from the lamps of the coach, when coming to
town,that he could distinguish him driving in a gig
with another person ; was it at all consistent with
reason that on a dark night he could have recog-
nized my features ? on the contrary, we know
that the faint light of a lamp from a coach
passile, along would make it even more
difficult to discover the features, but it vas
well known that when a man tries to prove too
much, he generally proves too little. Clark,
however, in his evidence, swore that - the
gig in which he was driving was yellow,
now this was another impossibility, for the
darkness of the night would not permit him
to discover tame colour.

-- -....,.---
I\r.gf
PARK— I do not wish to interrupt
you,l bu
state facts to would he useless in me to I,t you
the Jury which I must contradict
in summing; up .. Itt sti
it ce
the evidence ; the man did not
swear that the colour of the gig was yellow.
Thurtell—lt will not rest, my Lord, on my
statement alone. He then continued, animad-
verting on the horrible evidence, and observed,
why was not this witness brought before the
Coroner or before the Magistrates, if he knew
the facts to which he bus sworn.
Another circumstance, which in itself was
sufficient to disprove Probert's evidence, was
the improbability of his leaving Hunt one
mile and half distance from his (Probert's house)
on a dark night, without having some motive, or
without knowing the reason why.

Thurtell continued for some time to review

the evidence of the other witnesses, but nothing
important came out. He went on to say, that
he should advise them most seriously to con-
sider before they gave any opinion of this case,
as the British Law, in cases of this kind, re-
cognized the proof of murder by circumstan-
tial evidence, and the evidence, he thought,
instead of being against him, operated rather
in his favour to show he had not committed

this crime. Circumstantial evidence was at
all times of a kind most fearful, and he would
show, by a variety of cases, the necessity
of most particularly attending to it, as in
modern times, we had many lamentable instan-
ces of the immolation of innocent persons,
through the hasty decisions of Juries, there-
fore he believed, as he hoped they would,
that besides many points which were much in his
favour, there were more points that did not by any
means shew he had any participation in this crime,
and as such evidence, by producing a fatal result,
was so fearful in its effects, he would sincerely
advise them to consider well before they decided.
In order to show how often such fatal results
had arisen from the undue consideration of cases,
he cited several, from the works of Coke, Black-
stone, and particularly those of Chapman, Brad-
shaw, and several others who had beers exe-
cmed for murder on very strong presumptive
evidence, yet in some time after it had been ascer-
tained that they were innocent, and the real mur-
derers n ere discovered. Voltaire,in his works, had
emphatically censured the hasty decisions ofJu ries.
When they had deeply considered every thing,
he hoped, which he had said and gone through,
they would pursue such a course as would jus- I
tify them in acquitting him. lie had plainly
advanced these facts for their consideration,
feeling himself authorised so to do, and lie should
now, as he was drawing to a close of his address,
tell them that the only course they could safely
adopt, would be to return him to his country,
i mf
his liberty, and Isis family. This he thought
they should well consider, as hereafter they
would have the blessed consideration that a
calumniated and innocent man had been ac-
quitted by them. There were many points
of evidence doubtful, and they were bound
to give him the benefit of them ; the law said, no
man shall be convicted of murder, but by
clear proof, and if any doubts remained, the
prisoner was entitled to the benefit of them.
He again repeated his innocence of the murder.
He would beg them, nay, implore them to
find him not guilty. They well knew that no
horie i
was left, if they found him guilty ; and not
fo
but for his family, for the name
of a 3
longl
selline of honourable ancestors, whose
characters had passsed down unsullied, and with.