Star.
London, England, 1823-11-11 00:00:00

. .
ghat justice ielsieb sutb 211 -carte* so richly deserved.
'The Learned Serjeant aprehended that the above was
stating the law NO arsitsgly; :Wires ndt the duty of a
Jury te oottsidellter millets: so oogewt was pro-
duced, that isf sfeting in n criminal 4/be OR a wa'
charged with arson, 'they abould be Wood, in theaxer-f
'cite of their duty,upon such evidence to find him guilty.
Be submitted that in a civil case, the Bury were to take
the probabilities into their view ; whereas, in a criminal•
proceeding, if they had any doubt, they were -bound to
give the prisoner the benefit of it. He contended that
the plaintiff mast provetheire happened by accident.
Mr. Justice BURROUGHII.--Brother 'faddy, what iv
there short of -the felony that could make good the dc.
fence ? •
Mr. Serjeant TADDY.—Negligence, my Lord. In
the case of marine insurances, it had been held, that if
the owner of a vessel caused his own loss, by his negli•
Bence, he could not recover.
Mr. Justice PARK said, that the defence was, there
was that which would constitute felony. That was the.

ground he took when he charged the Jury.
Mr. Serjeant TADDY observed, that at the time of the
trial, they were not in possession of the evidence that
they now were. The Learned Counsel then recapitu-
lated some of his former statement, and observed that
John Thurtellod the Sunday morning did not get up-
till 10 o'clock, and before he went to the fire, staid to oil
his shoes, and expressed no surprise at the circumstance.
Mr. Justice PARK observed, that the defence in this
case was, that the house had been purposely set on fire;
he therefore told the Jury, that if such defence was
made, a felony mast have been committed, and that it
was their duty to ascertain that fact. The watchman.
said he had been up all night, that be never fell asleep,.
and that if any person bad gone out or come in, he
must have seen him.
Mr. Serjeant TADDY proceeded. A Judge ought not
Ito have cbarged a Jury as if he was trying an indict-.
ment. The next morning, when Thurtell heard of the
fire, he expressed no surprise. at t, Having already.
stated the grounds on which he moved for a new trial,
the Learned Serjeant said. that sone other facts of a
very, extraordinary nature had come to light since the
trial, which he should now disclose. He had the affi-
davit of a man named Ridilesworth, clerk to Messrs.
Hargrave and Co. who swore, that in the mouth of Dec-
-1822, just'after the insurance was effected, a man named
Snowden had been selling goods belonging to Thurtell,
20 per cent. below their value, aid that he was informed,
the two brothers were playing a deep gaine. The same
deponent did not suspect what the object of the parties
WAS in selling their goods in that way, until be read the
report of the trial in the newspapers. Deponent, whose
affidavit is dated October 10, said the goods brought
by Snowden to the warehouse of Messrs. Hargrave and
Co. corresponded with those set forth in the invoices
that accompanied the goods sent to Thurtell's ware-
house. The.next affidavit was that of a person named
Joseph Hunt, and was made in consecpience of trans-
actions which had. recently occurred. Hunt, who is
now a prisoner in Hertford viol, swore, that in a con-
versation he had with John rhurtell about the fire, the
latter told him (Hunt) that he knew the exact time when
the fire would break cur, because he had placed a cer-
tain light in such a situation, that at the end of a given
period it would set the place on tire. These facts were
stated by Hunt after his examination before the Coroner.
It appeared by Mr. Beaumont's affidavit, that the Grand
Jury had lately found a Bill against Snowden, the,
Thurtells, and another, for a conspiracy to defraud the
Insurance Office.

Mr. Justice I'Anz said the finding of a bill of that
kind would not ire sufficient ground for granting a new
trial. An application had once been made to the Court
of king's Bench for a new trial, on the ground that an
indicttnent for perjury had been found against a wit-
ness, but was rejected by. Iforrl Mans6eld, who said that
to grant .a new trial on such kronur', would be the
most mischievous thing in the world; for then there
would be no end to indictments for:perjury. There,Wasl
a similar instance in which Lord Ellenborough rejected
an application to stay execution.' He'said it was a most
dangerous experiment, and ordered the rule to be dis-
c-barged with costs.
The Lord Chief Justice Dar.Las.:ahora was a re.
cent case, where it was held that even a contictioa
would not be a sufficient ground fur a new trial.
Mr. Serjeant Taony said he would not have pressed
his application on that ground alone. But as.tbe fact
had been stated in an affidavit, he thought it right to
mention it.

The Cntri Jurrica —The question was very properly
put to the Jury on the trial, and wonlit 'myself have
given the same direction as my Brother Park &A
The COURT then told Serkant TAD= he' Might take
a rule to spew cause, on the usual condition Of payment
of costs ; because the direction 'of the Judge arid' tbe,
finding by the Jury was right according to the evidence.
Mr. Serjeant TARDY said he_ had the affid!iit. of a.
luau who lived opposite the howl 110.19. ill WatiOr
suet; who swore, that before the fire, he lt:s,d frequently
looked into, the room occupied by ThuOell:and thatit
aPivared'ent4ell eaVIY.

The following is the afidavit of Hunt. Ileigneuithe
information which, it contains. when he was. tuiteuinte
custody, about * fortnight since. On Sattliduyilut iti
was thetsgita proper to take his infottuation.onauthis. • -
%Joseph Hunt, of Cumber land-street, New-road., fhli4 many
nr Mlidleoele)
; maketi
deconent) some
the plaintiff, r
since In Vit
he (the-sahl
lately the eitaat
Plat a certain V
41tipc of the
'said John The
4tn)4he eau,
t4kllg

..g A hOtaA4
.idby insuring
ibea tensing the
411,,Thurtelly •
Sart
Wore

GENERA. AVRBAG,E PRICE! OF Blum
(war.. novssels4lll.7ines),
Far the Week ended Ncri. 1, Aside up from th
11 the Inspectors in the afferent - and Towns
and Wales.
50s Od I .oats ..t!la;o.444ißeasss
!fancy, gys sd 11%.414,1feas

PRICE OF EDGAR. '
The Average Price of Brown er Mescovado Sup
(torn the Returns made In the Week ending Nov.
335. 60. per cwt. exclusive of Custom Duties on imp

NEWOATB AND LEAD/WM ALL MARK WES
Beef 25 04 to 95 84 I Veal , 2s 11
Mutton ...... 25 Od to 3s 4d Pork
Lamb - 26 ad to 3a Ad.

• PRICES or HAY osos STRAW TICSTER
rr. sown's. wurrectiti
Ray 51 8s Od to 51 lOs Od IMy 41 os t.
Cover 4110. Od to 61 so ud r Clover SI 104 to
*raw 1113* Od to 21 Ss Od I Strata 11 16s ti

PRICE OF HOPS.
saw TOCEITS. 111 W RAG
2001 to labs I Kent

',net

2201 to ,2211 s
is co 9101
iat a to 201 Os

&Mtg. • :6•4•••
BIM ••••••

PRICE OF ladirs,ssos,....
' Butts, so:hp Mb, each 4. 4.......111111.t
Ditto, S 6 to 661bs, sub ....... ..... ~....t..,. is
Dressing Hides
Fine Coach Htdes. *V''
• • Crop Hides, Si to 40Ibs for outvingA..:t sw to
Ditto. 45 to 1110Eps .......«..i..cosoMe
Calf Skins, se to 401bi1........pik."4....t.p..W0rt0
Ditto SO to 7011ii.,.....rr0pr..ti ._ .411
Ditto 70 to 5011i5...:........„ .. . ti
&EA Saab (Oreinlanst) ,:.:.. is ?:.1.11.'.....1.L1te1l
1 liorreilitto ... .. ... ..............4.461 4:44i. ......iar e
• Towed Horse Hide vs. 4.4,5r.,-(••• 144 Al
, , SPsol4.llDrse ffillies••• ?..” •1•,-1.•isg-m—t--3.4.1. g