Star.
London, England, 1818-01-26 00:00:00

'?-'-taltaveen the said pit of water, and the said bridge,
k would take a longer time to arrive at the said farm-
house, than by taking the more circuitous route above
pointed out. And the said Abraham Thornton fur-
ther saith, that the clock at the house of the said
Mary Butler, where the said Mary Ashford had been
on the morning of the 27th of May aforesaid, was on
that morning without any alteration whatsoever; and
the time marked by the said clock on that morning
Was carefully compared by one William Webster,
Esq. (not known to, or acquainted with, this defen-
dant, but a witness for the prosecution), with the true
time at Birmingham ; and also the clock at John
11,,Iden's was without any alteration, and was com-
pared with the true time at Birmingham, by one
WMiam Townley, and the said several times above-
mdationed are all connected and reduced to the same
measure of time—the true measure of time kept at
Birmingham aforesaid, on that day, as before stated.
And the said Abraham Thornton further saith, that
on his arrival at his father's house, on the morning of
the said 27th day of May aforesaid, he changed his
hat and coat, and no other part of his apparel, and
he h id on the same shirt and breeches, and the same
stockings, and he wore the same respectively, at the
time of his apprehension .on the charge aforesaid,
that is to say, &c. And the said Abraham Thornton-
further with, that, on such hit apprehension, on the
slid morning, he was taken before one William Bed-
ford, Esq. one of his Majesty's Justices of the Peace
in and for the County of Warwick; and the several
witnesses, against him were examined ; and he also
has examined, and in his examination, which was af-
terwards reduced to writing, be, the said Abraham
Thornton, gave an account of the several places at
which he hal been during the night of the said 26th
of Maw, and the morning of the 27th, and the se-
veral times that he had been at such places
tively ; and he saith, that there is no fact stated
him which has in any way been contradicted ; and
all the said factshave since been confirmed and
corroborated by various witnesses, as well those
called on the prosecution of the said indictment, as
those called on the part of the said Abraham Thorn-
ton, in his defence thereto. And the said Abraham
thornton fiirther saith, that at the General Sessions
of Oyer and Terminer held in and for the said County
df Warwick, &c.
Here the replication set forth the commission at
Warwick Assizes under which the defendant was tried
on two indictments, the cam for the murder and the
other for the rape, and stated his acquittal oneach,
in the usual technical forms of law, after which it
(occluded in the manner followiag—" And the said
Abraham Thornton in fact saith, that the several
facts proved afford stronger and more violet': pre-
sumption and stronger proof that he is, not guilty
of the murder whereof he stands appealed, than the
. said presumption 'and proofs in the said counterplea
set forth that he is guilty. And therefore the said
Abraham Thornton prays judgment, and that he
may be permitted to wage battle with the said Wil-
liam Ashford."
Mr. Ls Bwre.--There is an affidavit attached to
it as follows:
' Here Mr. Is Buxc read the adrift..." In the King's Beath,
between the King and Abraham Thornton, upon an appeal of
Murder.—Abraham Thornton, late Castle Bromwich, In dm
County of Warwick, seaman, but now a prisoner mauled in
Mc King's Bench prima, hereby makcth oath and saith, that
the several matters and facts in the replication tumult° anitme4
are true, an** Deponent is inktmed, and verily believes.*
Mr. Ct.nouss—My Lords, on the part of the Ap-
pellant, William Ashford, I must beg your Lord-
ships to allow us time to answer this replication.-.-
Until Thursday next will be time enough.
Lord ELLatinionouen--Lthink that seems a rea-
sonable time. What do you say, Mr. Reader?
• Mr. asapea—My Lord, I. can have no possible
objection.
. Lord Etzeasonocou—Thee let it be until Thurs-
dny nett.
The, Appellee was-then removed from the bar, and
conveyed back to the King's Bench Prison in the
same meaner he had bean brought from thence.
Daring these preceedings.he preserved the same ap-
parent calmness ands imfifference to• his situation.
On Thursday he. will, be brought up again, when
the mast probable course of the proceedings will be
a demurrer to•the replication on the part of the Ap-
'seller, and the question will be-argued on demurrer ;
and whatever may be the decision of the Court, it
will be in the nature of a judgment-of respondent
louder, which, however, will not prevent the Appel-
lor front accepting the wager of battle, or front ob-
jecting such other matter as will deprive the Appellee
Lrw of the ancient right of trial by single combat.
Upon the prisoner being conducted from the Court
to tie hackney coach which waited for him, he was
pursued by an immense crowd, many of whom ex-
pressed their feelings upon his alleged guilt by groans
e.'d hisses. This was the first expression of popular
indignation on the subject, and seemed considerably
to affect the prisoner.
The Court e len proceeded to hear arguments on mo-
tions for new trials, which were destitute of interest.
SUSPENSION OF VIII HABEAS CORPUS ACT.
About three o'clock, Lord ELLENPOROUGII
anti-
ai:ttcd that Le had beer. infarnted there were some
persons in Court desirous cl making motions—lf so,
he would hear them then.
A man of decent appearance, dressed in black,
with his hair powdered, then roce, and said he had
a motion to mak:!. He was not prepared yesterday.
He had not money enough, nor was he possessed of
those means that would enable him to throw away
iv!. in employing others to represent his interests.
He wrote to Lord Sidmouth to consult him how he
WAS to act ; but his Lordship declined an interview
with him. He had applied to his Lordship (Lord
Elienhorough) with the same view, but his Lordship
had sail, that be was not a Counsellor ; that it was
not his duty to give advice, but to sit at a Judge.
Under these circumstances, he had again to present
himself to their Lordships notice.
Lord ELLENBOROUGH—" We cannot listen to these
interlocutory speeches from every individual who may
think proper to address us. What is the motion you
have to make ?'
The person in question—" My Lord, I beg leave
to.move, either that I may be discharged from the
recogniaances into which I have been forced to enter,
or that I may be brought to trial lot thwith.
Lord ELLENS9ROMR—" On what ground do you
move to have your recognir.ances discharged?"
The Mtorney-General then catered the Court.

Lord ELLrgoosou'Oit now asked dui name of die
person who addressed him?
The man answered, " John Johnstone."
Lord EL L zatottitovott.-•," Is thete any recognizance
of Jhhn Johnstone before the Court?
Mr. DsAvrot, Clerk of the Crown Office, looked
among his papers, and answered in theaffirmative.
Lord ELLEasottottott—" Read the toeognizance."
Mr. DIACTIIT then read the recognizance, which
was taken 'before E. T. Lyon, Esq. at the Castle
Exeter, and bound the defendant, John Johnstone,
under a penalty of 100 i. to appear in his Phgesty's
Court of King's Bench on the first day of the present
Term, to answer all and every thing which might be
alleged against him, and there to attend from day to
day until discharged.
Lord ELLENDOROVOII—" Now what have you to
object to this recognizance?"
Mr. Johnstone—" I wish to state the circumstances
under which my imprisonment took place. I have
prepared an affidavit on the subject, which I a:n
sirous your Lordship should hear read."
Lord ELLENBOROVOII—" I yesterday explained,
that there was no occasion for •the parties under re-
cognizance to attend till farther called on."
Mr. Johnstone—" I call on 'you to read my case,.
which is stated in the affidavit I hold in my hand."
Lord ELLZNDOROUGR—" What object is to be de-
rived' from hearing the affidavit?"
Mr. Johnstone—" The object which I have in View
is to have my recognizances cancelled, or to he brought
to trial as soon as convenient. Ido not mean to be
importunate."
Lord Ett.sxsottovolt—" It' mast appear that we
have a right to cancel your recognizance before it
can be done. As for bringing you to trial, that is
not in our power."
Mr. Johnstone—" I presume you will give me a
decided answer."

Mr; Justice BAYLEY—" Can you shew us any
grounds upon which we shall be authorized in draw-
ing the cnitclusion that the recognizance into which
you have entered ought not to have been taken."
Mr. Johnstone --" I do not pretend to say that
there are any-such grounds."
Lord ELtnxiionotnut—u Then you are in no con-
dition to make this motion. Unless you can shew
us that your recognizance has been illegally taken,
we have.no right to disturb it. We cannot have the
time of the Court thus wasted."

Mr. Johnstone—" The object which I am desirons
of obtaining is of vast importance to me."
Mr. JUstice 13Almay—" Your application is confined
to two things:—first, that you should be brought to
trial forthwith. To this you have received for an-
swer, that the Court have not the power to bring you
to trial.—The second thing for which you apply is to
be discharged from your recognizance& ; and upon
this the answer has been equally explicit. There is
no ground upon which the Court can comply with
this request, unless you can satisfy us that your re-
cognizance has been illegally obtained from you.—
You say,crhlevit does not go to chew there has
i been an a the node of taking your recog-
nizance, consequently we can afford you no redress.
Mr. Johnstone—" Then I must certainly beg of the
Court, (as I shall remain in town, and be in attend-
ince from day to day, as my recognizance requires),
to allow me the means of supporting mysel£ It
would not be prudent of me to return to my fishily,
and still to have this recognizance held over my head.'
It is my decided wish, if my recognisance cannot be
discharged, that I be brought to trial. In the interim,
I hops your Lordships will afford me the means of
living.corafertAbl.i. Your Lordships will not think
this requestunreatonable."

Lord ELLvssoitoucet—" Your application, if not
unreasonable, is certainly an extraordinary one. The
.Court have-no power to comply, with your desire."
Mr. Johnstone...." Then your i.ordship means to say
that you refuse.to grant any one of my applications?"
Lord ELLIMBOROViII4-" I mean to say what I
have said."
The Areceticev-Graram. now addressed the Court
as follows:—" My Lords, I had no notice whatever
of any such motions as those which you have heard
being about to be made this day, save what I derived
from the ordinary channels of public information, in
I which I. saw reported that which occurred yesterday.
In consequence of what I thus collected, I felt it my
duty to attend here, and to state, that I have every
reason to believe the gentleman who has been making
these applications had notice before ho left Manchester
that his attendance in Court would not be requited."
Lord Eu.stritonoucit—" Then the inconvenience
and expense of being absent from his family is attri-
butable. to himself."

The ATTORNEY-GENER 4.1.--" So I believe; ar.d I
believe that every other Gectleman who entered into
recogrizances under similar circumstances received a
like communication."
Mr.Jolinstone—.“ I do not mean to deny that."
Lord ELLINBOBOUGH—" Then there is an end of
this business."

Mr. Johnstone—" But I wish to state the nature of
the notice which I received."

Lord ELLENBOROUGH.—" Really the time of the
Court, which belongs to other suitors, cannot be thus
trifled with. We have your motion, and have giver.
you the only answer of which it is susceptible."
Mr. Johnstone—" Then I suppose I must submit
to the consequences."
Two other persons, named John Roberts and Sa-
muel Drummond made similar motions, which were
rejected. Other persons were prepared to follow the
same course, but the Court would not hear them.

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