Star.
London, England, 1823-12-06 00:00:00

MURDER, et MR. WEARS. ........ . . ,
The arrangements .rblti wt had mode for Obtaining
the egliest intelligence of the proceedings of the Court
at Hertford, enabled us to communicate in the STAR or
iesrerday, the adjournment of the Assizes for that place
till the 6th of January next, within two hours after the
decision was pronounced. We gave also as full a
sketch of the affidatit, and the arguments upon it,
'which led to this determination of • the Court, as the
wehoor at which our Express arrived would permit;
and we have now but to fill up that sketch by a few
additional particulars. . ..
When, iii the course of reading the affidavits by
it.ssrs. Jay, Fenton, &c. Mr. Knapp came to the part
where the extracts from the Newspapers began,
Mr. Justice PARK said—Before you read this part,
which I understand is to consist of extracts from pub-
icstions said to be calculated to prejudice the case of
the prisoners, I beg to offer a suggestion for the Conn-
.4l, There is one person at least in this Court, wohatas
lestread one word of the publications, in question: it'
may be possible that some er all of those who are to be'
worn on the Jory may be in the same situation ; and,
it •the calumnies which have been spread (if they are
.celomaies), are now brought for the first time under
the*, ofthe Court by your affidavits; and suppose
&trial not put off (though I do not say that it will or
.wiloot be put off), it is for you (the Counsel) to con-
sider bow far it may subject the prisoners to a prejudice
obey would not otherwise have suffemal by.bringing
this matter forward. • -• . .
Mr. ANuaaws—lt is our desire that' the affidavits
•Lisould be read. Unfortunate as the situation is in
which the prisoners are placed by the publiCations to
their prejudice, it is necessary that they should now be
trad, let the consequences be what they may.
Mr. Justice Palm ....Very well, proceed with the
affidavit, and let the consequences of reading it fall
.there they ought to tell.
When the affidavits and the documents to which they
,reined had all been read,
'. Mr. Annnews proceeded to make his nuiti4n for
.14c4poning the trial of the prisoners.Thurtell and Hunt.
He &eh first on the difficulties and impediments to
'which the prisoners were subjected in respect to a free
'communication with their legal advisers until the 20th
of November, when tir Mandaratia granted by...the
• Court of King's Bench came down. What reason.was
•there t)et any man :liquid not have an unrestrained
communication with Ms legal advisers? The Court
.of Ring's Bendh granted a visit to enable the prisoners
to obtain legal advice, not as a favour but as a right;
and it was manifestly implied, in this act of the Court,
that the prisoners had not previously had that sort of
intercourse with their advisers to which they were en-
titled. Aderting, in . the secford place, to the injury
.done to the prisoners by the publications in the News-
papers, the Learned Counsel observed, that he consi-
• detect it utterly impossible, that a Jury could be found,
' Ouse minds were not biassed by them. He need not
deform his Lordship how difficult it was to obliterate
preconceived opinions, and annihilate prejudice ; and
the men called on to judge in this matter were, for
'might he knew, chosen troin the parish where the mur-
.dcr was Committed., : . • :,‘ • . ' ' .
Mr. Justice PARR—I have taken care that air-Jury
limuld be selected from the most remote part of the
County. ,
Mi. ANDREWS knew his Lordship had done every
thing he could to promote a fair investigation ; but his
Lordship had not power to eradicate prejudice from the
human mind. The publications which had been read
bad been circulated by tens of thousands, and thoy
bad found their way not only into the most remote ham-
lets of the county, but throughout the kingdom at
hese The Public Press had power over the human
mind: and there never had beep an occasion where that
powerful engine had been more industriously employed:
hence What stronger reason could he urge to induce his
Lordship to give an extension of time? for he felt con-
silt* in his own mina that his client, Thum% could
aot,Wta the present occasion, have a fair trial: hence he
implored his Lordship that his trial-might be deferred. '
Mr. Justice-AUK -oTo when?
Mr. ANDesvits.:6:4 . ask for delay only till next
Assizes (Mr. Justice Park shook his head). Well, at any
rate till such time as your Lordship may think 'will meet
die ends of justice. The Learned Counsel concluded by -
;cling to his Lordship'sjostice tempered with mercy.
danger, he asked, 'could arise from granting fur-
ther delay ? - Could justice be defeated by it ? Could
• thepreeedent be attended with public injury? He-appre-
hended not. 'He hoped his Lordship would grant his
-alcliestion, andby acceding to it, teach the Press a les-
SRI to the conduct which has been pursued in this case.
Mr. Geßterf said, he had' an affidavit of Mr. Nichol-
son., the'Under Sheriff, 'which Went jo contradict, or ex-
plain away, what was stated in Mr. Fenton's affidavit.
Mr. Nicbolsoc's affidavit • was then put in and read.
• k dettied,-in strong terms, having said that Thurtell
-..10 tele' banked without trial. He had stated that,
al4 iris .published of him. was true, he should not
- ease if he was hanged without being tried at_all ; but
heistismid this hypothetically. •
- 'Ur? and Mr. CHITTY followed in .11,pOrt of
SO ', , .!•
Mr. Gummi, as Counsel for this prosecution, consi-
Omni 'himself as an humble assistant to his Lordship.
*Cpreimation of the ends of justice, and he would,
6
4:., respectfully submit such observations as had
to him on the addresses of the Learned Gen-
'.
atelt.... eir_.,- on the other side. It had been urged that
e hid not had time td ptipare his defence.
New,. this he denied ; that prisbner had been in cue
. endy five weeks, having been committed on the Ist of
November; on the ITO, he saw Mr. Jay; and, al-
...dikter it had been fully stated, and freely commented
. pllnni that he had not been allowed to have an inter-
. 410* with Mr. Fenton, yet it had.tiot been urgedshat
she tirisoner had, previously to the 20th ult. ear •
• sissy desire to see that Gentleman ; it, indeed, any such
ti atement had been made, be should have been prepared
with a sufficient answer, on affidavit. He contended, 1
'that the prisoners had now as full means of defence, as '
I fir as professional assistance went, as ever they could.
An objection had been urged to the conduct of the Ma-
- . .
/mate who had introduced a witness into the jail, in,
• seder to identify Thurtell.
- His Lonesuie.—Mr. Gurney, on this subtec• t-11 ..::,
interrupt you, to express my conviction of the. !MIVAII,
rt y of the conduct of the Magistrates in quest4U-
.
no doubt that all was done with the best
'minion, and with a &cling of kindness; but it rte.
.111ry wronsii... :- e • -
• Mr.* Guam.* iisinning, explained that the witness
Wes inteoduted into the prison that his evidence might