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

ACQUITTAL OF •PIIOBERT.

Mr. GURNEY rose and stated that it was not
.his intention to offer any evidence against the
prisoner Probert, who was arraigned on the Co-
roner's Inquisition.
Mr. Justice PARK then briefly informed the
Jury, that as it was not the intention of the
Counsel for the Crown to offer any evidence
against the .prisoner Probert, they would, of
course, find a verdict of acquittal.
The Jury having acquitted him accordingly,
the prisoner Probert was then removed from the'
btir.

Mr. Justice PARK then stated, that as it was
the wish of the prisoners that all the witnesses
for the prosecution should be separately exa-
mined, all the witnesses now present would of
course leave the Court. Mr. Justice P. added,
it was thmeresssry for the mediCal gentlemen to
leave the Court.
Mr. 13nonEnwx, as Junior Counsel for the

Crown, then shortly recapitulated the heads of
the indictment.
STATEMENT OF THE CASE FOR THE CROWN.

Mr. GURNEY then rose and, addressed the Jury
.in the fol-
lowing words:—As thedelay which has taken place in the pro..
ceedings against the prisoners at the bar, owing to the late ex-
citation of public feeling mast have had its intended effect, you
are now assembled, I trust, with minds prepared to give per-
fect satisfaction by your verdict. It is important that criminals
should be punished in order to prevent crime; there is only one
thing more important, and that is, that the innocent should not
be punished for the guilty-. That principle is sanctioned and
acknowledged by the law, for of little influence would be those
safeguards which the law had provided, if any one were liable
to suffer unjustly. We have therefore Coroner's inquests to in.
quire on the spot ; we have county Magistrates to inquire,
(such Magistrates as are an honour to the country to which
they belong) ; we have inquiry before Grand Juries, under
the direction of the highest authority ; and, lastly, we have
Juries to pronounce their final opinion upon the evidence
on both sides. That is your province now ; you are to
pronounce only on the evidence which you will hear ; you
are to forget all which you may have previously heard respect-
ing this case, and come to the full and dispassionate judgment
to the consideration of the facts only. The crime with which the
prisoners stand charged is undoubtedly one of the most mon-
strous description ; it is attended with circumstances of no
common kind; it is imputed to one of the prisoners that he
committed the act, and to the other, a knowledge of the inten-
tion to commit it; it is, therefore, a crime perpetrated in the
most deliberate manner, and coolest blood, under the most
aggravating circumstances, but in proportion to the enormity of
the crime ought to be the extent of the proof. I shall not ask
for your verdict but upon the most conclusive evidence ; and,
indeed, when you consider the nature of the case, you would
naturally call for strong proof, because it would require themost
ceeeincing evidence that such a murder had been committed as
that charged against the prisoners, who, if they are guilty, ar
guilty of murdering a man who lived with them on terms 0; ac-
quaintance, if not intimacy :,' but with respect to the nature of
the proof to be produced in such cases, it is not alsiays direct.
The murderer chooses his place, his time, and his opportunity,
when he imagines he is seen by no human eye, and heard by
no human ear. We are therefore, in many cases, compelled to
resort to circumstantial evidence, which, however, is often not
less satisfactory than positive proof. There is also another
description of evidence which is sometimes allowable—l mean
that of an accomplice. It is right that all criminals should be
reached by the strong arm of Justice, but we are some-
times compelled to make use of the guilty to punish the guilty.
After a cool and deliberate consideration on the part of my
Learned Friend and myself, we determined to give one of the
persons accused as an accessary the benefit of an open confes-
sion. Something has been said respecting another confession
and promise of pardon ; hut there has been no breach of faith ; 1
for faith, when given, should be kept on both sides ; but when
the condition on which it is grounded is not performed, there
can be no claim to pardon. The person whose death is imput-
ed to the prisoners, the late W. Weare, is said to have been a
gambler, or connected with gamesters; but whether he was the I
least of the most estimable of individuals, was a question of no
importance. The prisoner John Thurtell, it appears, had some
cause of complaint against Mr. Weare. The other prisoner,
Hunt, was a public singer, and it did not appear that he was
in the habits of any friendship with Mr. W. Weare. Probert
was a dealer in wines and spirits, and resided at a place near
Elstree, and a few miles from St. Alban's. The cottage at
which he lived was made conducive to the crime now charged
against the prisoners. Probert was much in town, but his
wife resided at the cottage, which was a small one, affording
few accommodations ; and those were occupied by Mrs. Pro-
bert, Miss Noyes, some children of Thomas Thurtell, and a
servant boy. Weare made some engagement with John Thar-
tell to go down into the country for a few days, this was a few
days before the 24th day of October, and three days before
the murder. On the night before the murder it will be shown
that Weare went to his chambers at Lyon's-inn, where he
provided himself with a change of linen, and made such other
preparations as a man would make who intended to spend a
few days from home. On the afternoon of the day on which
the murder was committed, Weare took a hackney coach,
into which lie put such articles as he meant to take with him,
and left Lyon's-inn about four o'clock. lie drove first to
Charing Cross, then to Madox-street, flanover-square, and
thence to the Edgeware-road, where he met a friend in a gig ;
lie took his things out of the coach, and they departed together;
he with the intention of going to Probert's cottage, hut it was
never intended he should reach that place. I must now state
to you, Gentlemen, the various circumstances which preceded
the perpetration of the act. The prisoner, John Thurtell, and
his brother, Thomas Thurtell, were desirous of a temporary
concealment on account of some prosecution
against them on
another charge, and they accordingly gat a private lodging at
Mr. Tetsall's, Coach and Horses, Conduit-street, Bond-street ;
they were there the two days before the murder and
flnnt,
and some
days afterwards. It will be shewn that the prisoner,
went to a pawnbroker's in Marylebonne, and purchased a
pair of pistols, that he went to some other places, at one
of which he hired a horse and gig; at one of those places
he also inquired where he could procure a sack anti was
told he might procure one somewhere over We
bridge, which road lie had told the person of whom he hired the
horse and gig he was going. Somewhere or other, however,
he did procure a sack. It will be next shewn that Hunt, Thur.
tell, Thomas Thurtell, and Noyes assembled at the. Coach and
Horses; but I say it with perfect sincerity, that neither Noyes
nor Thomas Thurtell were at all privy to the intention of the
act imputed to the other prisoners. Some conversation, how-
eve., did pass between them, which will appear in evidence ; I
need not, therefore particularly state it. Hunt prepared the gig,
and announced to J. Thurtell that it was ready, and
he left the
Coach and Horses at or near five o'clock, stating at his.depar-
ture, that he had to take up a friend ; before he went he desired
a person to bring the gun down. On that evening Thurtell was
seen in a gig, with a horse'of remarkable appearance ; it --had a
white face and white legs, so that it might be easily identified ;
he was seen by a patrol on this side of Edgewaee •
he was Seen
also by the landlord of a public house beyond c:dgware, and
from that time there was no witness to speak to him or his com-
panion, except another person, who keeps a public-house, and
who will hereafter be brought forward. Probert had a horse
and gig of his own, and he and Hunt set out some time after
Thurtell, whom they overtook on the road. Hunt mentioned
to Probert to pass on ; they passed each other ; Hunt and
Probert listened on the road, expecting Thurtell and Weare
to come up. When they arrived about a mile from Probert's
cottage, Hunt got out of the gig, and Probert drove home.
On his way he met Thurtell, who had passed Probert and
Hunt unobserved by them. Thurtell inquired for Hunt, and
was told that he (Probert) had left him behind. Thurtell then
desired him to return and bring Hunt, as he had done without
him. He (Probert) did su, and told Hunt what Thurtell had
stated ; Hunt replied it was no great matter. Thurtell on see_
ing Hunt, reproved him for want of punctuality, and stated
that the pistol which he had brought was no better than a pop_
gun, that it produced no effect, and that Weare got out of the
gig and ran away, when Thurtell following him, Wean said he
would give him back the money he had won of him (John
Thurtell) if he would spare his lire ; but Thurtell first cut his
(Weare's) throat, and then struck the butt end of the pistol
into his brain, and turned it round, saying, " Now I have made
' :sure of him." It will be shown to you that two persons saw
a gig near the spot where the murder was committed ; that
they heard the report of a pistol, followed by voices ; that spot
was Gill's Hill-lane. You have now, therefore, the leading
facts of the case: Thurtell then went to the cottage, and when
he entered the house, inquired about Probert and hunt.
They afterwards came back—Probert and Hunt in a gig, and
Thurtell behind. They then went into the house. Neither
Thurtell nor Hunt had been expected, and Hunt was a perfect
stranger, and was then introduced to Mrs. Probert. Some pork
chops had been provided. They afterwards went out on the
pretence of calling upon a Mr. Nichols. This was only a pre-
tence. It was to go down to the body. Is was found with
the throat cut. They enveloped it in a sack. They rifled the
pockets. Thurtell had before got a large sponge, with which
he sponged himself with great care, and sponge marks were
afterwards observed on his clothes. He produced a gold watch
without a chain. He also produced a gold curb-chain, which,
when doubled, might be used as a watch-chain, and singly
might be worn round a lady's neck. This chain he presented
to Mrs. Probert, and placed it round her neck. Miss Noyes
proposed to give up her bed to one of them, but they made
light of it, and said, " Oh no, we shall not require a bed."
She retired to rest, but Mrs. Probert felt alarmed and appre-
hensive. Gentlemen, it is scarcely possible, if it be possible,
to commit crimes without betraying them by some disorder or
demeanour. Mrs. Probert saw symptoms which awakened
her suspicions, and she looked anxiously out. ,Thurtell, Hunt,
and Probert had gone to the body, and fecund it too heavy to
carry. They took a horse, and placed the body of Mr. Weare
upon it. ft was
.thrown across, nearly concealed in a sack.
Mrs. Prtibert saw what appeared to her then like a corpse.
When they came into the house, she came down stairs "and
listened, her fears prompting her suspicions, and there she ob-
served that they were dividing some money-51. or 61. each,
besides papers and other things. Probert went to his bed,
and to his 'surprise found his wife awake. As early as six in
the morning, both Thurtell and Ilunt were out searching in
a hedge, and were Observed by labourers, one of whom
spoke to them. Thurtell said, " I was nearly capsised here
last night." The person who spoke to him said, ".I, hope
you were not hurt?"—" Oh, no !" he replied, we were
not thrown out." The labourers were somewhat suspicious,
and searching, found first some blood, then a pen-knife, and
afterwaids a pistol, the fellow of which I was found in Thur-
tell's room. Other appearances will' be proved to you, which

can eave no doubt but that was the spot where the murder
was committed. Afterwards Hunt appeared at the Coach and
Horses, unusually gay. On the Sunday they were there with
Thomas Thurtell. Hunt, who had before been very shabbily
dressed, went up stairs dressed very fashionably • he was
found to have bought a new spade, and he told Probert that it
was for digging a place to bury the body. On Sunday they
came to Probert's cottage. Some persons mentioned that
the report of a gun or pistol had been heard in the lane on
Friday night, which excited the alarm of Thurtell, and
inspired all of them with a desire of removing every circum-
stance that could become evidence of the crime. Probert in-
sisted that the corpse should be removed. Thurtell and Hunt
promised to remove it on Monday night. On Monday all went
from Probert's cottage to the Coach and Horses, in two gigs,
and in one of the gigs a boy of Probert's was placed, who had
never been in London before, and who was then carried away,
in order to remove every chance of evidence. He was
lodged at the Coach and Horses till he was taken away
when search for evidence was made. It will appear in evidence
before you, that on the Monday night Hunt amused Mrs.
Probert, while Thurtell and Probert put the corpse into the
gig. Probert came in, and said `,‘ the gig is ready ; Thurtell
and Hunt then went away ; whither Probert did not know.—
It appeared afterwards that they had gone to a pond near
Elstree, at some distance from Probert's house. In the bot-
tom of the gig blood was found. At last the rumours of a
murder reached the ears of the Magistrates, and Thurtell,
Probert, and Hunt were apprehended. Hunt, when he heard
that it was known that he had hired the gig, . had recourse
to various means for changing his appearance; he shaved
his whiskers, which, you know, Gentlemen, alters the ap-
pearance more than any other means. Inquiry was made as
to the person supposed to have been murdered, and at last
the body was found, and found certainly upon the informa-
tion of Hunt. Gentlemen, no other use will be made of his
confession, and this use is perfectly authorised both by reason
and precedent. If a thief give information where the stolen
goods are lodged, it is evidence. The confession of a prisoner
under the influence of a promise is refused in evidence, because
he may be induced to state what is not true; but a fact of
finding goodiestolen; or a body murdered, is undoubted evi-
dence. You will find, Gentlemen, a most perfect chain to esta-
blish this case. The-facts, in some measure, depend on the evi-
dence of an accomplice, for Probert is undoubtedly an accom-
plice in receiving and harbouring the murderers. He may be
represented to you as a bad man, and;Gentlemen, what accom-
plice is not a bad man ; for what heart does not revolt at the
concealment, if not the encouragement, of persons guilty of
murder ? You will therefore receive his evidence with jea-
lousy ; but it appear& to me that his evidence will be sup-
ported with a degree of confirmation which you cannot resist.
Thurtell set off with a Gentleman from London, who did not
arrive at Probert's cottage ; the property of that gentleman was
found upon him. Some time before pistols had been bought,
of which one was found on the spot where the murder had been
committed, and the fellow of it in Thurtell's room at the
Coach and Horses ; the blood was traced on the spot, in the
gig, and on the clothes of Thurtell. After he was appre-
hended; he was asked what he had done with the knife he had
had ; it was found that it had been thrown over a hare;
there the knife was found; it had been Mr. Weare's. As to.
Hunt, he had been a stranger to Probert, and could not there-
fore have gone to visit him as a friend. The double bar-
relled gun, and the backgammon-board, part of the plun-
der of Mr. Weare, were found in Hunt's room. Upon the
person of Mrs. Probert the gold chain was found. A red
shawl was found round the neck of the corpse, and it will be
proved to have been seen in Thurtell's hands before. These,
Gentlemen, are . the facts which will be proved to you,
and I have felt great anxiety not to state any thing what-
ever, which I do not believe the evidence will support.—
But there is one thing, Gentlemen, which I hope I have ex-
plained it is, that after Thurtell had been apprehended, he
was asked what' he had done with the knife ? To this lie made
no reply ; but it was found that he had thrown it over a hedge.
It is said that Hunt became accessary after thefact, but' f tbat
I find no evidence whatever. Gentlemen, it is an arduous and
painful task you have to perform ; and if any doubt can remain
of the guilt of the prisoners, you will acquit them ; but if the
evidence be clear and satisfactory against them, you will per-
form your duty, and find them guilty.
[During the delivery of this speech, both Thurtell and _Hunt
were very busy taking notes. They were accommodated with
seats, and a communication was opened between them and
their Counsel. Both looked extremely anxious and attentive.]