The Statesman.
London, England, 1824-01-08 00:00:00

I

ter, of minus it followed that be could net have.been aided
and assisted in it by Hunt. If, however, they thought
Thurtell ivitty; it did not follow that Hunt was guilty
also, as the two cases stood on different grounds. He hoped
they understood the distinction he Mil drawn between the
cases of the two' prisoners. They had heard the defence
of Then'.ll; and part of it, towards the close of his address,
if it really were his, din him great credit. It was manly,
energetic, and proper. This praise appeared justly due to
that part of it. He (Mr. Justice Park) was, as every one was
aware, who knew him, not disposed to go out of the way to
say harsh and severe things of any one. But be could not
approve of the middle part of the defence. It contained a
'reflection of Tales, mere Romsnues, for aught he knew,
from the " Percy Anecdotes," him jest books possibly, or
from the. Newgate Calendar. Who knew any thing of
these ? and what weight could they have as authorities ?
The opinion of Lord Hale bad been referred to as to the
ippropriety of convicting of Murder or manslaughter where
the perpetration of the deed bad not been proved by the
finding of the dead body. This opinion, though not bear
11.1( on the present case, was one of great value; but what-
ever weight it bad, as here introduced, it had been greatly
weakened by the effect of that farrago with which it had
been, to say the least of it, most injodiciously connected.
The Prisoner had argued on the ground that if circum-
stantial evidence were acted upon in a case of murder the
ienocent might sometimes suffer. if this doctrine were
carried si far as the prisoner seemed disposed to carry
it there would be an end of human judicature. If we were
;rifted with omniscience, to see every thing, in that case
circumstantial evidence would be out of the question. But
how, while we arc as we are, could justice be adminis-
tered if circumstantial evidence were rejected? Though
in human judicature, as in all which concerned men, to
the course of some hundreds of years, a few instances might
b. found to occur where the innocent bad been punished
as guilty ; yet the wisest and most enlightened Judges
and the most eminent men who bad filled the respectable
situations of the tientlemen near him, as they well. knew,
fisd been of opinion that nothing could bring
.such sails-
tlietory conviction to the mind as circumstantial evidence
generally afforded. For the witness, Probert, in this case,
he would admit that a more infamous character had
never presented himself in a Court of Justice. The
r.„pprto,te Solicitor who had been examined for the
defence had siid he would net bell• ye him on his oath ;
but very properly added. unless that oath should
he snm•ported by other testimony. And why not ? Because
he believed him to have perjured himself before the Bank-
emit Commissioner.. Bot was it worse for a mac to perjure
himself before Commissioners, than to conceal a murder?
Certainly not.. And when it was presumed that Probert
plight swear falsely, being engaged in a conspiracy with
others against the prisoner at the bar, it was proper that
t'sey should remember where they were. They wine then
in a Court of Justice, is here 53 witnesses had been ezioninvd
in support of the prosecution ; they Must suppose all those
rrsons to be conspirators, if all that Probert bad stated
was false. Where then, he would ask, was there a
case, _in which circumstantial evidence could be
more earful than in this ? Ile admitted that the eel-
loves Aught to he viewed wills doubt, or why tiers the
.I”rf and hinwelf brought there?, Why had they bren called
,tpnn to art in, that Court, but to exercise all the powers
l; M wheeid had given them to protect the innocent—to
detect the guilty? :net+ turn Hier, to 'Ermine the testimony
stiv-n.brfisre them, that every thing might be sifted to
the bottom. The prisoner had told them that if they bad
a demild upon their minds, they ought to give himthe
b••nelit'of that dOuht ; so they ought. If they had any
&Olt, such as conscientious and rational men could en-
tertain, the prisoner had the right to benefit from it. • There
wms enoglicr circumstance at tbe wart of this ease so
which hr must refer. Hr was reluctant to use harsh
1-•nanage ; but he should be unworthy of his situation—bit
planild be rpemtwimpeachment, if when it became neces-
sary. be were net fearhssly to perform the painful duty.
ffelinied he was not afraid of ant man on earth ; and if
he were certain of bring 'tracked by time whole artillery
Of libel, he'woild still proceed. It was painfiil for those
entailed in theadministmtion of justice to be compelled,
fie every woof this loft, to commence by beseeching Juroei
to banish from their misds what they had beard out of
ribose, Millser would drive from them a pestilence. To
hate the facts Which were to come -befors the Jury, as
it id been ,done in this case, was to peisoh the springs
pf Justice in their riource ; and if the practice were not
theelanl, •trenahle fur the fate of the country.
Tire prisoner M. denies the fairness and truth of his alleged
ionfesaion, which was put into the newspapers; it was
tendered to me by the Collor! for the Crown. This is a
• otievOns circumstance. I have thrown additional
labour on myself ; but at the. same time I did not wish to
place time prisoners on trial in a state of public irritation,
and thereard, gave them time, froin which I hoped the
est find happist result. I hope no newspaper reports,
no ties, oo etlumnies, will affect you, Gentlemen of the
'Jeri, but that yon will discharge your duty as you shall
answer it to Hon. There is one point more to which I
11).1:!t allude, namely. the application to delay the trial of
Joseph Hone. fur it I. not now contended that he is not a
ropeesonlj et for, trial. But all; that application is not
f• rine or tier yon, Gentlemen of ,the Jury, to cousider. I
bare net the power to dispense pardon, application must
be made to another quarter ; for high as my antorite may
he here, it does nut extend to the grant of this application.
depen Is in this case on the evidence of Probert and
his wife; and the distinction as to the reception of Pro-
Aimee evidence is between his competency and his Crrdi•
bility. By law he is a competent witness; but I caution
you„Oentlemen of the Jury, not to believe him unless lie
is corroborated in a variety of the circumstances connected
with the case. I a,cerle to much that Thurtell has said
about Probert, and I tell you again cautiously to sift his
evidence.. A great cleal has been said about admitting
neromplices as witnesses ; bat l say it is conducive to the
pohl)c good to put an end to confederacies like that out
of which this csase:grew—confederacies which were only
dotinded in fraud, which are never worthy, of confidence,
.and in which bbd wee. or tome one of them, are generally
the first to betray each other, as in the preseot. case. You
perceive, Gentlemen, that Hunt's complaint after
raliselosing against his, companion in gpilt,lmexpecteri
,pardon. You• %re heard of the interference of.. r. Noel,
'a morn unwarrantable interference on his part, who had
~.t the leastimainess with the trassattion. He tuwt cer-
stelnlythave•heeu very igispeant•of the law if he advised
;Haut to make *haste called hie conftesion. Ilvery,profes-'
taianal mite most knew that a Magistrate has no authority
\Utast a pardon t• nor did Mr. Clutterbuck. or. Mr. Mania
:Apr one here.. On the contrary, the conduct they pursaed
aliewthey felt very differently ; for they never examined
. Jos.:Heel upon oath. Had they :done so, they might then
. have received Liar •as a witness, or pot doing so. recent.
. nientisal him for favourable consideration. in Imbiber guar-
- Gentlemen of the Jury, _that they foltow,
iroperly too, a yet): different course. I
the prieoner 3:hiartell• bps said ;boat the
sing the identity of tbo, person said to 14
follow the example of the great. atoll 'nigh'
,Lard, lisle, wise eaid. not, end nevei
o person of murder tvitboat proof by so 401
fetal !blow being streetr or the identity .
+cud. Acting with, this view, l pat d
.identifyof Weare,.which was fully proy
my and tote broth,/ of the murdered mar ..
may wifely sey. we: have evidence,ef
Atonal sad ss.ttts sometime Isnutt tiers
Isswarmed .mmildivestifacieti'varPoft•She
WA oral geckos.* Oil thisAri4. klieg oeibin
'ard.tilsat au owls! itt table Maim slAstfeetfuto flat
Nisembeleimillenatt I hare 340.441. WO, WI
the fang OnktialtdOr 1 •IPIPLiki*11:1110it!O

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by affecting indifference, which were not consistent with
his general conduct. He in one instance was heard to say
e td. A
of
frohtilerps ownaR
he old not care a about what had happened.
While the irons were placing on his legs, he took out his
hiouff box, but found it completely empty ; he asked
'Bishop, the Bow street officer, who was present, for a
"Ipir el) Ps
el ynt
t I with the contents
dmix. Before they separated, lie pia out his Land to Bishop
tend begged to shake hands with him for the last time t
but l spas exhnat
furnished
Bishop instantly grasped his hand, and they parted.
Aftet being ironed, the prisoners were each placed in a
condemned cell, e kb persons to watch with them as before,
Thomas Thurtelt was sent back to London ; he was griatle
distressed. Probert was set at liberty. The Judge lilt
;town almost immediately after the trials had concluded.
The general impression at Hertford is, that Hunt will
not be executed, although the arrival of the London bang.
'man with the necessary apparatus for the execution of two
persons would warrant the idea that it was determined that
;Hunt should suffer in the case of his conviction.
The piece of execution has been during the last ten
years in a gravel pit in a field immediately opposite tie
prison door. It is now stated that Thane)l will suffer on
the drop lately constructed. This, however, is by no means
certain, for so lately u last Saturday the Magistrates had
no intention of suffering the new apparatus to be used till
after a future general gaol delivery, and this was promie•
gated, that in case of a verdict of guilty being given agait -t
the prisoners, who were then to be tried. no confusion
might arise trout its being supposed that any preparations
were to be made for a different mode of execution.
An express, wae, last night sent off to Norwich, by Mr.
Jay, to inform Thus tell's father of the result of the trill.
Tbnrtell has had an interview with his brother, when both
were very much affected.
The room in which Mr. Wilson placed Thurtell little
corresponded with the idea farmed by the frequenters of
Nesegate, of a condemned cell. It was large, spacious,
and airy, lighted by a lamp and, candle, and warmed by a
comfortable fire. Three or four persons are ordered to
attend him coast:ltaly ; and as an a.lditionel preeautios
handcuffs were applied to him. His books are a Bible,
Prayer Book, and one or two other volumes, containing
religious consolation. As soon as the arrangersieuts for
his final confinement were made, the Chaplain of the gaol
waited upon hint. 'fburtell. struck by the presence of
the gentleman, whose appearance (as he uteerally er
pressed it) consoled him, burst iiro tears, and far the first
time since his imprisonment, manifested the warmest and
must agitated sends of his deplorable condition. Tha
Chaplain, as we understood, eepressed the gratification he
felt at finding this happy change iu Tlinrtell's demeanour,
Ind impressed in the strongest manner the necessity of his
availing himself of the few hours which remained to him,
to offer up his contrition and prayer for mercy, where alone
he could now expect it. Thurtell instantly, with his eyes
suffused in tears, declared that his contrition was sincere.
that he forgave the world, and implored the mereifal for-
giveness of Gem His manner was fervid and impassioned,
but at the same time fret from any whining affectation
of mere penitence. or tremulous apprehension at the
near prospyci.of thd new ecerte into which he is about
to pass. fills declaration of contrition was at once manly
and resigned; lid his manner so unaffected and
solemn, diet it wet calculated to inspire very great
interest in his fate, notwithstanding the dreadful circam•
stances of his sow established anti admitted crime. He said
that lath to him, after the misery of his late mode of life,
was a relief. atid that be could go forth with the firmness
of Y Christian to his fate( but he added, that domestic
recollections—the anguish of the surviving members of
his family, and particularly otkasether and sister, whose in.
structions and society would. If adhered to, have made that
life respectable, which would cow only be remembered
with shame--these were, he said the reflections which
overwhelmed him with grief and sorrow. He was now
ready to resign himself to any preparation for his fate. *nil
more particularly with a gentleman who hal never al •
preached. him, as others had done by letters, to tamper
with his feelings, but to compose and assuage his afflictior.
The attendants were struck with the altered manner of
the priseoer. and more affected, almost, time be was him-
self. He became calmer after Ida interview with the
Chaplain, end his firmness subsided into a decent resigna-
tion • he repeated his readiness to meet his fate as so.m as
possible, hoped fur the forgiveness of his family, and the
oblivion of his offences.

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ok indifference, which were not consistent with
al conduct. He in one instance was heard to say
tot care a ---- about what had happened. -
te irons were placing on his legs, he took out his
r, but found it completely empty ; Ile asked
the Bow street officer, who was present, fora
but his box also slag exhansted. A gentleman
famished Thurtell with the contents of his own
fore they separated, lie put out his Land to le.bep
feed to shake hands with him fur the last tune; t
ustantly grasped his hand, and they parted.
being ironed, the prisoners were each placed in a
led cell, at kb persons to watch with them as before,
Thurtell was sent back to London ; he was grtativ
d. Probert was set at liberty. 'Else Judge felt
nest immediately after the trials had concluded.
eneral impression at Hertford ie, that Hunt will
xecuted, although the arrival of the London hang.
It the necessary apparatus for the execution of two
would warrant the idea that it was determined that
mild suffer in the case of his conviction.
deco of execution has been during the last ten
a gravel pit in a field immediately opposite tee
loor. It is now stated that Thurtell will suffer on
lately constructed. This, however, is by no rneaes
for so lately u last Saturday the Magistrates hat '
dion of suffering the new apparatus to be used till
future general gaol delivery, and this was prone•
hat in case of a verdict of guilty being given agaill
otters, who were then to be tried. no confusion
rise front its being supposed that any preparations
be made for a different mode of execution.
:press, was, last night sent off to Norwich, by Mr.
inform Thus tell's father of the result of the tri
II has had an interview with his brother, when both
ry much affected.
room in which Mr. Wilson placed Thurtell little
ooded with the idea formed by the frequenters of
te, of a condemned cell. It was large, spacious,
y, lighted by a lamp anti, candle, and warmed ht' a
table fire. Three or four persons are ordered to
him constantly; and as an a.lditionel precaution
Ifs were applied to him. His books are a Bible,
Book, and one or two other volumes, containing
as consolation. As soon as the arrangersiems for
confinement were made, the Cl:aplain of the gaol
upon Lien. 'Martell, struck by the presence of
named, whose appearance (as he uniMunly es
I it) consoled him, burst in'o tears, and for the first
ice his imprisonment, manifested the warmest and
ifitated senss of his deplorable condition. The
so, as we understood, eepressed the ',ratification he
finding this happy change iii Thortell's demeanour,
tressed in the strongest manner the necessity of his
g himself of the few hours which remained to him,
r up his contrition and prayer for mercy, where alone
hi now expect it. Thurtell instantly, with his eyes
ui in tears, declared that his contrition was sincere,
• forgave the world, and implored the merciful tor-
ts of Goo, His manner was fervid and impassioned,
the same time free from any whining affectation
Ye penitence. or tremulous apprehension at the
prospeei.of the' new ecerie into which he is about
s. His declaration of contrition was at once manly
resigned; led his manner so unaffected and
that it wag calculated to inspire very great
it in his fate, notwithstanding the dreadful circom•
of his now established anti admitted crime. He said
eath to him, after the misery of his late mode of life,
relief, and that be could go forth with the &one!'
bristian to his Met but he added, that domestic
ections—the angoisli of the surviving members of
wily, and particulaily ofeesether and sister, whose in.
ons and society would. If adhered to, have wade that
tepectable, which would now only be remembered
stiame--tbese were, he said the redectioes which I
heltned him with grief and sorrow. He was now •
to resign himself to any preparation for his fate. and
particularly with a gentleman who hal never al •
la him, as others bad done by letters, to tamper
is feelings, but to compote and assuage his dais:tier.
ttendents were struck with the altered manner of
issuer. and more affected, almost, time he was him.
He became calmer after his interview with the
sin, end bin firmness subsided into a decent resigna-
he repeated his readiness to meet his fate as som as
Ile, hoped fur the forgiveness of his family, and the
on of Lia offences.
• POLICE.
eemennwese.
restox-noust.—The Loan MaTon yesterday am
red, that io consequence of the publication of the
of the unfortunate survivor, of the 'emigrants 103
rent ont to Porde, snore benevolent individnafs bed
I upon him and left with him a few trifling subserip.
fur the use of the destitute widow', and their sickly
run. Their cases were of all that he had met with
fatly severe and distressing; and those benevolent
ns whose dispositioas prompted them to relieve the
w and the orphan, could not find snore lit objects for
xercire of their charity. He hoped the public would
forward to alleviate the sufferings of the poor
urea, who were in the most abject state; and it would
him great satisfaction to apply any thing that !MO
sat for their relief.
was afterwards stated to his Lordship. that since the
cation was made respecting the widows the ether
an infant belonging to the widow named Black, had
from the effects of the climate, and there were so
is of giving it burial. His Lordship suggested that
ication should be made on the subject to the parish
!I'S of Blacewall, where the survivors who returned by
;keine had lauded, and now resided.
'oasato STRZET.—OIa Tuesday, James Huntley. a
tier's labourer, was brought hefore Mr. Twyford,
gad with shooting a man about three o'clock in the
ning, near lioxton watch house.—lt appeared, that
uent robberies have latterly been committed upon some
nished houses at Hoxton; near the Regent's Canal.
nging to Mr. Greenwood and 'Alr Jenkins. They air
lingly employed the prisoner (uiem whom they bad
'y reliance, and who was in their employment) to watch
premiers ; they provided him with a musket loaded
owder and old nails. About two o'clock yesterday
'ning be heard a noise in one of the back rooms; he
ediately apprited one of the parish watchmen, who
snipe/tied him, and they discovered a man and a wo
laying among the shavings; they led them toward,
watchriouse, but before they got there the man ran #l.•
prisoner pursued, and in 'order (a) he said) to imitate
e him, he fired the gun, the contents of which enter:d
deg and thigh of the unfortunate man, who was after•
'ds conveyed to St. Bartholomew's Hospital, where he
r lies. Bail to a considerable amount was offered• bet
the absence of the surgeon's certificate) was refused,
Lee was remanded.
noitittif.—on Tbarsday, the lit instant: at Edmonton. the ne' •
es. 'of March. lacer Ely, to Mary, youngest daaghter of iiphralntn
mellboser plan.
tleV.at St. James. Westminster. Mr. L. Term thaber_lllereban!:.rel
wee, to suss Margate% Walter, daughter of the 'late Mr. John D
cbeiter.
~lafer, Isis
. formerly of Maaebester, to Ellett, (say daughter a nouns s Moaday, the WA Deeetaleer. at llaatttergh. Thorn
of Altana. •
1111.1k.--0a Tueolay.tb• Seta December. 1.090g0r gii"beh
•,,y Stapleton. eldest' eta' ter of the night lieu. !llamas.
Dorm! lc
i the Rif lass. Slaru
it! liftwo4 Berg* atW earl
Elisabeth nhadde, Isnot of %medals abaside.
▪ Tgeolay, Otis snit ,at h s buuse la Upper Bedford place. tlartaa7 oYJ
•
to
▪ nielthiltis auilaug atuate.Debito, Lady smarm stowarit.aue;
isdrfaff Wickluw•
piNisbad and Rebtbboi
Las elles. No. out , Strad+
by R. WARDELL, L.Dillal9,Pdat9r.