The Statesman.
London, England, 1823-11-17 00:00:00

MURDER OF MR. W. WEARE.

About. one o'clock an Saturday lass, Mr. Feotorisoid red
in Hertford, and immediately repaired to the Town Hall.
where the Magistrates were then saline, fOr the purpose of
requiring permission to visit John Thurtell, for whom
alone he is professionally concerned. Mr. Fenton evade his
application in the first instance to the Itov. Mr. Loyd,. he
being the gentleman with whom Mr. Fenton, in con-
jonction with Mr. Jay, of Norwich, communicated iu
behalf of the prisoner on Thursday. Mr. Loyd imme-
diately informed. Me. Fenton, that he was sure the order
of the Magistrates for limiting the professional assist-
Niece to the prisoner to one solicitor, and he hcinz
Jay, would not be rescinded. Mr. Fenton being
satisfied with this ;newer. said, that as the town-agent
of .Mr. Jay, who was then in Norwich, it was his buuumulen
defy to make his application to the Magistrates collo.-
.tively. from the heavy professional relionsibiuity
which devolved upon him. Mr. Loyd said, that lissome
circumstances of a serious nature haul transpired since air.
Fenton was last in Hertford, it was absolutely necessary,
before admission of any hied. were allooeul in behalf of tee
prisoner, that the character of the applicant should he
,strictly investigated, awl that hr (Mr. Loyd) must comma-
ideate the circumstances to which lie alluded to the
magistrates. Mr. Fenton said, that he could have nos
possible objection to any investigation which the imuaeia
trates might desire respecting him elf, but that he shout I
like to he present at the time, to afford any personal expia-
tion obich the case miolit ruoquire. Mr. Loyd then add
that lie would repair to taemagistrates, and requested Mr.
.Fenton to follow him up stairs, which he accordingly. did.
After Mr. Fenton haul remained minutes in the lobby of
the magistrates' charither, be was sent for, and npots
entering the room he stated that his business there was to
desire permission to visit John Thum tall, as his proreeeional
adviser. He said that he acted as the agent of Mr. Jay,
who, from his residence at Norwich", and the nature of his
business (he being an eminent conveyancer), was not so
well calculated to conduct such a case as • solicitor
residing on time spot; therefuie Mr. Jay was anxious
that Mr. Fenton should give the necessary profeesioral
aid. One of the Magistrates reu.uariced, that the prisoner
Thane'', as well as Mr. Jay and Mr. Fearer. were
perfectly aware before air. Joy was admitted on Thersuley,
of the imperative noture of the order already ref to ul
to, that only one solicitor should be admitted, wiul hal the
opportnoity of making their own selection ; they had done
so, and as time choice had fallen umen Mr: Jay, be alond
could now be permitted to have access to his client.. Mr.
Penton admitted the fort to he as described by the enagise
trate, and that Mr. Loyd heard h Oh Jay and Mr. Fenton
consider which of them should visit the prisener on
Thursday; and Mr. Loyd here added, "Yes, and 1 beard
Thurtell himself refuse to see yon (Air. Fenton), and indeed
say, that as he never saw you in his life, he would tot
communicate with you if you did enter his spertuurnt
that he would not open his month, or tell you any thine."
Mr. Fenton replied, that in effect he believed Mr- Loyd.s
statement was correct, for upon Thurt. II being informed
that only one person could have access to him, be naturally
.selected the individual whets he had previously known
and when they agreed that Mr. Jay should conounnicate
ith the prisoner, it was for the purpose of apprising
Thurtell personally, that Mr. Fenton, whom he trout never
seen, was in point of fact his town-agent, possessed his.
confidence, anut that with him, if it were found necessary,
the prisener might confidently communicate. •
The Magistrates replied, that Thum tell knew in the first
instance how he stood with reference to the role framnel
by them, an I that if his selection had fallen upon a gee-
Hemet) whose local residence must embarrass his uppr•
tunnies of profession it coonnonicauion in the case, he Is id
wily to blame him AI fur his choice; but that they (t .o
Magistrates) could not rescind the oiler, nor impair or
qualify its effect. To this Mr. Fenton replied, that a
country solicitor and his town-agent were always
professionally considered as one and the same, aryl their
For:joint efforts never before denied to a prisoner. '1 he
Maxistrotes. however, pet severed in affixing the peremptory
constriction upon the order.
Mr. Fenton egain urged the professional reasons *filch
rendered k iocumbent upon him to make the present ao-
plication, and alluded to the difficulties which were imposed
upon anysolisitor who had the management of this dctenco,
from the ex parse strstements with which the public press
had teemed throughout this business. Upon an observa-
tion from some of ae Magistrates that they had i.e
official knowledge of Mr. Fenton's connexion with Mr.
J or, Mr. Fenton said that he was certainly unprepared at
the invent with a written authority from Mr. Jay. He
then added, that as he must apply elsewhere for that per-
mission which the Maeivretes. persisted in refacing, he
begged to know finally and explicitly, if he was to under-
stand thot they alisolotely dented to him time professional
access which he now sought; the answer was " Certsialy,
and more particularly, as there are not present teeeral of
the Magistrates who stoned the restrictive order, we carnet
. take upon ourselves to revoke what they haul done ;" an
Mr. Loyd at length seiut, in the result, " We refuse to alter
the order, without stating our reesons." This business hellos;
at an end, Mr.Fenton said, that he had an observation to off c
before he departed, which had no reference to this cease,
bat related to himself personally ; and be then called up
Mr. Loyd to state a hot were the serious eircutnstenves
which he had discovered since his last visit to Hertford,
that called for an investigation of character, becalve, Ut
they related to him, lie w us ready and anxious to meet them
at once before the Magistrates. Upon this the Magistrates
said that they were sitting only on public huskies+, and
could not enter into private and personal topics. Mr.
Fenton rejoined, and said, that has Mr. Loyd had been
in private communication with the Magistrates for souse
time before lie was admitted, he presumed' that he bed
during that interval, mentioned the save a lesion to clie-
racier which he had stated himself at his first interview that
morning. He (Mr. Fenton) feeling himself tittle alluded
to, and being as well descended and as well connecte.l as
any of the gentlemen whom he had the honour of :of -
dressing, was naturally solicitous to vindicate himself.
He thought he bad a right to know whet were the seri.:
ous charges alluded to, and to explain them before he .
left that room. The Magistrates then all concurred its
the propriety of the request. Upon this Mr Loyd row,
and asked Mr. reams whether, since the. year 1821, he
was not indebted to Mr. Nicholson, the Solicitor of
Hertford, "deceit shillings and sixpence" for his ties as
Under Sheriff. Mr. Fenton said, that be certainly
owed no such debt ; lie however recollected that about the
time alluded to, he had gent down a writ to Mr. Nichol•o'iro
' not as under sheriff, but as a Solicitor, to be. executed.
That he thought all the fees had been long since {raid ua
the usual manner ; he. however, recollected that Mr. NI- •
cholson had lately sent au account of 11s. Gd. foe agency.
which, if called for long age, he had no doubt would have
been regularly pall by some one of his clerks ;• but in this
instance. Mr. Fenton had heard nothing of the chore* ••
until a year after the bankruptcy of his stunt, by which
eiretunstance, he had himself lost all costs. He added, that •
on the first day of his fouling to Hertford, and when he
called upon Mr. Nicholson to offer an undertaking•for the •
' liberation of Mr. Festoon.. lie reminded Mr. Nicholson of
this trifliogoeharge. of which Mr. NiChalson profesera • to
have no reiteillectlon, and immediately paid it. .Mr. Fenton •
'skit to the Magistrates, after this explonatiop, to turn
what opinion they pleased upon the taste qf ;he intrudes-•
don of this topic. The Magistfates expressed their' *too
faction at this esplaoation, and in reply to a Wilier reuter'e
:of Mr. Fenton, said that they were perfectly satisfied set'
the conduct of that gentleman.
Mr. Fenton, after *inking the magistrates for tta
personal attention. withdrew.
14 the coarse of the conversation of the day. Mr. Loy,
made a remark spa r. Fenton's having offered gis
v.

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Pa t.

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is sailmeakitig prigeuionelly In the eader-sberilf, .le put
to ball for• Mr. Pearson. Mr. Fenton admitted the feet
and- he raid that be had dons so for the bed*, di moues,
Mite thoaght Mr. Poulton would, list liberty, be of service
to him is the dinkier. of his duty; and then alluded to,
the insoseistest.." of altering the rooms of the ttmes
upon any sop Position of his typing conversed in a ire
sweet se pike Mr. Primo in the •gaol. when he hid in-
stantly .trend this madertaklng .for his release, antimaid
ody wart hie attsidaace • "4+ .' •
Maglitraes' temarked. that they NNW WC is est
ciatiosse.
iB
It Is vanderstoeti that Mr. Fallen Wise& eleW
Court of 'fines Bench for a .Illsodamet, to directed to
the magistrates, enjoinleg them to admit him to the psi
forthwith as Jobe Thortell'e attorney. At -present re.
indite noes° strong against Thane% that it will, la all
probability, lead to 'mother motion to the Court .bore,
vain4r, that the trial of the parties (barged with tee lie-
tiler shall be removed to SflrldWi. rm.
Sinai the visit of Mr. Jay, the solidest Of Norville ill
•Thartelits Hertford gaol.'l bested appears 10. sash; mad hes
directed the attemleate who procure fee him his food, to /midi
for Probers whatever be desires, sad that he (Thertell) has the
cash for it; bet of Rust he says he knows nothing
Meperslsts is denylog his guilt. mesas to ref St upon es alibi
for his definite—the evidence (as hitherto disclosed) would
Ix the time of the perpetration of the murder about sight
o'clock, and Mrs: Prebert does sot spiek to Mortars wdts!
at the cottage before tee o'clock, '
There Is no doubt that the• defeede will ho an attempt to
prove se alibi, end that. from the eiremestaears of the ease,
the trial cannot be terminated in one day. Thuetroll, slam Me
visit of Mr. Jay. enTiureday, has been amlideoes la preparing
aatsrials for his defence. His rash was expended unity In the
week, and he was one.day actually oa **gaol allowance.
, Mr. Alcienhem, the solicitor, of Red Lion Square, has been
appointed by the parish *facers of the township wheel Mr.
Nears was murdered, to eondoet the tion. 7lse Ma-
Wistrates at Hertford last Saturday red. that they had no-
thing to do with the appointaseet of the Wiener for the pro
secetlon, whisk they said nest rest with the perish offers on
the spot. No legal assistants has as yet beets offered for Pro-
bort or Hunt.---Mr. Nicholson. the Under Sherif (as we
mentisaed aa Saturday), positively denies that be is retained
for Probers.
Sr. Awes :es, Saturday. Nov. 15.
Several persons were inquirers at the gaol. this day,
lifter the be,lth of Mrs. Probers: she le rated to be daily
petting worse. The surgeon who attends her sad Miss
Noyes. speaks very doubt fully of her condition. Min Noyes
leas become calm. and is chiefly employed its reading
books of a religious kind, which -hare been pl teed in the
apartment for her use. She has repeatedly expressed her
surprise at bring detained In custody, when she,
is entirely ignorant of the transaction. Ori Friday
night Mrs. Prohert was frequently in tears; she declares
that her husband knew nothillif of the deed till after it was
perpetrated; which declaratios she persisted in before the:
snaparstrs. Mr. Noyes expects to be liberated on Tuesday
next ; but we are slaw used hit a meeting of magistrates
will take place. to determine if Mr. Noy et and his sister
shall be admitted to bin. or if they shall he committed to
the county plot till the winter assizes. to fire evidence on
the trial. It loss been decided that Mrs. Prober' is not to
he enlarged till after her busband's trial, aid she has been
tinnily examined.
MILL. SIMDAY.—The favourehle state Of the
weetber this day has iodated some hundreds to visit this
vow attractive spot, and from an early hour vehicles of all
descriptions crowded the lane to the cottage so recently
°retired by Mr. Probert. The inns at Elstree and Radian
have bees crowded all .'ay, and as company was expected,
ample preparations were ma le for their accommodation.

- -
The whole of the property sold at 6111`s Hill Cottage, on
Friday, was removed from the spot on that afternoon and
storing the following day. Some of the purchasers who
found a iliMeolty in removing the seine day. obtained: the
consent d Mr. Wardell to allow it to rentals on his pee.,
rises till the next morning. The place now appears quite
desolate, end in a rosiness condition ; and the windows of
die cottage are closed. A great mattypersons were down
trim London yesterday, to view the place. and it is stated
that Mr. Smart, the present occupant, has cleared upwards
of two hundred potted@ by exhibiting the cottage, garde*,
Am stone shilling a bead. The forthcoming trial of the
parties excites astonishing interest ; 'so much so. that
already beds are engaged at Hertford by persons who are
*onions to be present to witness it.

THURTELL'S PROPERTY.
Ma at Le now* .OF rc s. gentleman named Johnstone
entered the office, on Saturday. and addressing the sitting
Magistrate, Mr. 61111111,17 U, requested the hedstance of the
polier. to obtain entrance into a boom in Cumberland
Street. New Itosd. under the following circumstances :
The applicant said be attended on the part of the Conitnis-
stonirs of lisnkrnpts; who had issued proceedings against
Thomas Thurtell, and .having beard this man, who is a
bankrupt and is now in custody under the commission, had
secreted certain property in a house in Comherland Street,
they requested the authority of the Magistrate to search
the house.
The Magistrate observed the application bed been made
at other offices; he did not imagine be could proceed.
• Mr. Johnstone said hit object in applying to the
divisional Magistrates was, they having certain powers
within their district, could assist him is ieeoveriag this
pl oerty.
Itlegistrate : How do you know this property belongs
to. Thomas Thurtell?—Mr. Johnstone produced a letter
igned by that man, alluding to the property in
COmberland Street. part of which he claimed, in value
about one hundred pounds; the remainder was his
biother's.
•Magistrate: Who took the property to the house?—
Air. Johnstone: Why we are told John Thurtell and Hunt,
who took the apartments. under the name of Brown, and
wi can prove they brought it from the Gravel Pits, and the
GO& public house, Haymarket.
The Magistrate: Surely you tan obtain admission.
It is really a very delicate point, and 1 do not knew
bow I can interfere. Mr. Johnstone: 1. once got into
the house but could not seal the property. and bare several
times tried, and now find that trim so opposite house
ei4this an Veen by the bantropa4a friends *tick
completely fell any attempts, as we Prot get BO the
b Anse. •: •
The Magistrate committed several law books, and after
some conversation, said he would not attempt to interfere.
The property.might belong to John Tbuitell. and a tines.
lion might arise hereafter as to the Crown having a right
to it. There was no evitlenoe that it did not belong to that
unfortonste man, Land he might set op a claim even
new for it. Mr:johnsteae withdrew. saying he would
mike Nether enquiries.
On Saturday. • number of individuals were summoned to
appear before the Commissioners of Bankrupt, in Quality
Coat, Chancery Lane, to he examined touching. the dis-
posal of *certain property belonging to the Assignees of
Thomas Thurtell, under. his Commission, which is alleged
to be concmled from them. Not fewer than ten persons
were In attestlance. who hail transacted business with
Thoinnli Thurtell, his brother John, and Wm. Proliert.—
Amongst them them were Mr. Cousins, of fiensingtou
Mr. Top% of the Coach and fl • rses. tondoit Street, Bond
' street ='a female, at whose Loose some of the property luto
teen deposited ; the csrman, who was employed a day or
two prior to theissnin, of the tommission of Bankruptcy,
to remove part of the property. Mr. Cousins was examinjd
sefolva to a balm which his ;woe had been affixed; sad
Tetaatl was interrozated for nearly four hours, during
aeiriCh time hi er.thed unto a detail of tile whole traehatctioos
hadivith te metes: He sfeelared that he had never
received aby goods from either Prohert or the Thnrte lls
hot what he had paid fur, except two dosed of wine, which
he had inrclased from Probtrt and Thomas Noyeg, which

Tit g STA

were charged 61. Ea, and he.pe.id 6/.lwProbert on account
of is (as stated in his mentination before the klaetatrates)
on the Friday EU warder was committee. Mr. Temall pre.
diced the invoice le which the two dozen of wine were
charged tehins,and pa examining it tbetunount appeased
to be exactly 61., though the cypher next to the six very
much resembled a figure of 2, which accounted for Mr. Tot-
sail's mistake. At the suggestion of the COMiniiiioeffi
Mr.Tetsall fetched his books, and after examining them
tkey expressed their perfect satisfaition at his statement.--
The other witnesses were examined, and a considerable
quantity
of property, belonging to the assignees, was
discovered. There is a lack of proof that it was
concealed by the bankrupt, who persists that it was removed
by Hunt and hit brother Jobs, without his knowledge, from
the Cock,in the Haymarket, at a time when he was conceal.
is himself from his creditors.
Bow Stitant..—Tbe coachman. mentioned is the STATIS
Mak of Saturday, as having been examined at this Ace
is the hackney coachman who drove Mr. Wure on the
evening Of the mtirder.front his chambers in Lyons Ina.'
This IMO underwent a long examination in private before
Sir RICHAIM at his house early on Saturday, and hisevi-
dente Is said to be of groat IppOttaller. It will be re
collected that Tbartell was stated to have met Mr. Ware,
by appointmeet, at the end of the Edgware !toad, the'
evsaiag previoas to hit taking bias down to Gill's Hill
Cottage; bat there was no direct evidence of their haviog
met at the plate so said to have been appointed. This
deficiency Sit Rictuan Burns hat supplied, by lading
odt the coacbmaa,