The Sun.
London, England, 1817-11-24 00:00:00

LAW-1N FELLIGENCE.

rCOITItT OT KING'S BENCH, Nov. it.

APPEAL OF MURDER.

WILLIAM ASIIPORD V. ABRAHAM THORNTON.

This day, pnrsdiant to the order of the Court,
Thornton %vas brought up, fur the purpose of
liffording an opportunity to the Counsel for the
sppellhnt to put iu a counter. plea to the plea of
water 'bait in hy the prisoner on a former
day. This proteeding has excited so much pnb!ie
interes•, that all the avenueN leading to V stmin-
Atter Hall, as well as the Hail itself, were thronged
lit least two hours before the moil 'time of open-
ing the Court The High Constable, together with
several constables aril police-oftcers, were in at,
"tendance in the Hall and l'Alace-y3rd, whose ef-
forts were F c re e y sufficient to restrain the
pressure of the crowd, and to procure egress
for the Counsel and others going to the
'Court. When the prisoner was brought up on
Monday last, the officers experienced con-
iiderable difficulty in getting him through the
crown collected in the Hall, and round the doors
of the Court on that occasion ; to avoid a repeti-
tion of that inconvenience, he was this morning
brought into Court, soon after eight o'clock, by
the private passage under the Bench, in custody of
Gibbon, Lord Ellenhorougb's tipsraff, and the
keeper of Warwick Castle. He was placed at
the Bar in the usual situation, and throughout '
the whole of the proceedings his countenance and
manner indicated the greatest firmness. The
Court was crowded to excess, and amongst the
persons present were several ladies.
Mr. Justice Abbott entered the Court about ten
o'clock ; soon afterwards' Lord Ellenborough and
the rest of the Judges took their seats on the
Bench.

Lord ELLENBOROUGH--" Mr. Clark, is your
tlienr, the appellant, iu Court ; if he is, let him be
ealled."—The appellant, William Ashford, then
appeared,
Lord ELLENBOROUGH-" Call the prisoner."—
Thr prisoner, Abraham Thornton, was then called,
and answered to his name.

The appellant then came forward on the floor
of the Court, and put his mark to the counter-
plea, and to his affidavit to the facts contained in
it, and delivered them in.

Mr. LE BLANC--" This is your counter-plea
and affidavit, which you desire to have read."—
The appellant-answered in the affirmative.

Mr. LE lit..ANc then read the. counter-plea,
which was substantially as follows
‘c- Saturday next, after eight days of St. Martin,
Itlichaelmas Term, in the 58th year of Geo. 111.
A,hford v. Abraham Thornton. The ap-
pellant submits that the said Abraham Thornton

;alight not to he admitted to wage battle with him—
bucaose, he saith, that before and at the time of
eotering his appeal, there were, and still are,
the violent proofs following that the said Abraham
Thornton was guilty of the murder whereof he is
appealed "
The counter-plea then detailed the circumstances
which were given in e vidcnCe on the trial. That,
on the 27th of May, in the 57th year ofGeo.
King, &c. at the parish of Sutton Coldfield, in the
county of Warwii:k, about the hour,of nine in the
.morning, the body of Mary Ashford, in the ap-
pellant's count mentioned, was found dead in a pit
of water. That the body Was taken out and exit.
mined by different creditable witnesses in this be-
half—and, from that examination, it was maul.
fested that the said Mary Ashford had been re-
cently alive, -and that she had come to her death
by drowning, as in the said count was alledged.
, • LSome circumstances were here stated respect-
ing tie violation 'of tlie deceased, which are not fit
- for publication.)
The said William Ashford further saith, that
the said Mary Ashford tvas seen in the parish of
Ashton, walking alone in a direction towards
Langley, which was then the place of her resi-
dence ; that there was a certain public-foot-path
leading from Bell-lane to certain closes ; and that
one of those closes, a short time before the 27th
May, had been harrowed, which last.mentiotied
close was near the pit where the body of the said
Mary Ashford was found. On the morning of
the 27th May there appeared, and were mani-
festly in the said harrowed field, the footsteps of •
the said Mary Ashford and Abraham Thornton, the
tame having been compared with the shoes worn ,!
by the parties respectively: From these it appear-
ed, that the said Mary Ashford had run and en-
..deavoured to escape from the said Abraham
Thornton, and that he had pursued and had over-
taken her in the said harrowed field, and it was
then and there evident, from the marks of the said
footsteps, that from the harrowed field, they had
walked together in a direction leading towards the
pit where the body was found, and also towards
the spot where the. marks and impression of a lot-
Man figure appeared as aforesaid, within about
forty yards of the said pit, w here the foot-
steps were lost and could not longer be traced,
by reason of the hardness of the ground there.
There also appeared in the said harrowed field
the marks of ()duo- footsteps of the said Abra-
ham . Thornton, tram which it was evident
that he had recently run by bihnself from the har-
rowed field in a direction- leading from the pit,
and no other marks or impressions of footsteps
were found or, were visible. On the said 27th
May there were visible awl manifest on certain
grass growing on the side of the said pit, where
the body was found, the mark and impression of a
shoe for the left foot, and the said A. Thornton
-on that morning wore shoes made to fit the right
and left foot, as appeared on examination.
The affidavit of William Ashford was then put
in and read, swearing to the truth of the facts
*Hedged in his counter-plea.
Mr. READER being called on by the Court, oh.
served he was quite sure their Lordibips would
Dot expect an immediate answer to this counter-'
plea. WhAt lie had now humbly to pray was, to
be allowed time for making his answer.
• Lord ELLENBoROUGH.—" What time do you
ask ?"

READER.—" My Lord, as I think it is not
possible this proceeding can be brought to issue
during the present term ; and as it is a question
of great importance, not only to the parries but
also to the puiflic, I would humbly pray to be