The Statesman.
London, England, 1823-10-31 00:00:00

DISCOVERY OP THE HORRID MURDER, NEAR
WATFORD.

On Friday night last, a murder was committed at a
place about six miles from the town of Watford, Herts.
It appears that on Friday evening last, a Mr. Philip
Smith, an inhabitant of Aldenham, was going from the
house of a Mr. Nicholls, at Butler's Breen, to his own re-
sidence in tiemp's Row, Aldenhain, when he heard the
report of a gun or a pistol, he was not certain which. In a
minute or two be beard great groaning, apparently pro-
ceeding from the same spot, which continued for three or
four minutes. He was with his wife at the time. She was
in a donkey chaise and he was walking behind. He would
have gone to the spot, but that he was afraid to quit his
wife, who was dreadfully agitated. The noises proceeded
from a lane leading to Butler's Green to the road running
from Higheross to Radler. The same night, a man named
.Freeman. who was on his way to meet his wife, saw a gig
in which were two men driving towards the lane at a very
rapid pace, the horse seemingly much out of wind. He ac-
iosted them, observing that they had been driving hard ;
to which one of them male a slight answer which Free-
man could not distinctly hear. The gig was stopped just
as Freemon entered the lane. On the following morning,
before it was quire daylight, some labourers, whose names
appear below, went to Work io the lane spoken of, called
Gill'. Hill-lane; while there, two men came sauntering
along, and when they had passed them a short distance
they stooped down as if searching for something in the
hedge. That same morning. about eight o'clock, one of
the labourers found a pistol and a penknife by the side of
the bank, the former of which was covered with blood and
bits of hair on the outside, and within the barrel were se-
veral small particles, which on being shewn to a medical
gentleman of the name of Pidcock, at Watford, were declared
by him to he a portion of the brains of a human being.
The whole of the above ciicumstances being communi-
cated to the Magistrates residing at Watford, Robert Clot-
terbuck and John Finch Mason, &qrs., they immediately
commenced an active inquiry, and in order to have the beat
assistance, they wrote to Bow Street. and Itothver, as we
stated yesterday. with Upson, were sent down. This was
on Tuesday evening, anti before twelve o'clock, with the
assistance of the local constables, two men named Probert
and Thomas Thurtell were taken into eastodv and cotn-
mined fur further examination to St. Alban's Castle. Very
early in the morning of Wednesday Itutliven and Upson
apprehended two other men, the one named John Thurell
(brother to Thomas) and the other Joseph Ilunt. In the
room orrupied by Thurtell, Rather:l found a pistol of large
dimensions, and in Thurtell's poeket another, smaller on•,
seemingly almost new. Ile also found some clothes he-
longing to him. the sleeves and body of which were much
stained, indeed in some parts literally soaked in blood. His
hat also had some marks of the same kind, and his hands,
Rutliven perceived, were much cot and bruised all over.
Nothing material was fount{ at Hunt's lodgings. The two ,
prisoners, a ter being shortly examined at Bow Street,
were conveyed on Wednesday, in separate chaises, to IVat-
ford, wheie they arrived between five and six o'clock in the
afternoon. The Magistralts meanwhile had been most
actively engaged in procuring evidence, and by ten o'clock
that night were prepared with a mass of testimony of a'.
very strong nature. Prohart and Thomas Thurteil were
not brought from St. Mime's. The other two prisoners
were kept strictly watched in separate rooms, st the Raw:
Arms Inn, where the investigation before the Magistrates
commenced at half past ten. The prisoners were not
brought into the room, it being thought best to keep them
ignorant of the entire evidence against them, at least for a
short time.

Mr. Philip Smith and Freeman having stated the facts
contained in the early part of this report,
Elizabeth Freeman was called, and bring sworn, stated,
that on Friday night, a little before eight o'clock, she saw
two men in 1 gig in Gill's Hill-lane.
John Herrington.laboorerssworn.—He was at work with
Robert Hunt in Gill's Hill Lane. about 6 o'clock on the
morning of Saturday last;when two men, one of whom
was tall and wore a white hat, and the other a shorter per
son, with hares black whiskers, passed them.—lirlien they
'had proceeded about ien poles, they stopped, stooped down,
and appeared to he " grabbling" in the hedge, as if look-
ing for something that they had lust. In about five tninutes
they went further up, and then turned back; and as they
unwed again, one of them told Hunt he was capsized tFrrr
in his gig the night before. Hunt asked the roan in the
white hat if he hail hurt himself, and he replied, " but
little." On bring asked if the horse and trig were hurt, the
tall Mill said, " No ; the gig did not go over, nor the
horse fall." The same morning, witness found a penknife
on the spot where the men hail been looking, end shortly
afterwards, on the same spot, he found the pistol m irked
with blood, &c. At 12 o'clock the same day, the same two
men came again down the lane in a gig, very neatlydressed,
and both bail black lists on. They " looked hard" at the
spot where the pistol and the knife WO been found. About
half an hour afterwards Mr. Probart, who occupies Gill's
Hill Cottage, came down the lane alone, and asked
some questions. (The conversation did not bear upon the
ease.)
Robert Hunt was sworn, and corroborated the testimony
of his partner, adding Chit the wan in the white hat said
—"this lane is a d—rd nasty dark place; as dark as the
grave—l was coming up here last evening, and was cap-
sized out of my gig." Witness asked him if he had hurt
himself, 11114 i he said " No, lout lie had lost his silk band-
kerchief and a penknife, but lie hail found them both."
Witness asked it he had hurt himself or horse, or if the
gig was broken, and he said "No, it never fell." Witness
said It was a queer thing that he should be capsized out of
his gig without its falling. They went away without
answering.
Susan Ann Woodroffr, servant to Mr. Probart, at Hill's
Colage, stated her master came home about nine
(clock, on Friday evening last, with two gentlemen. The
same two left the house at ten, on Saturday morning
They went out that morning about six o'clock, and were
Ina about half an hour. The two gentlemen did not go
to Led on Friday night. Neither of them came through
the kitchen that night.
A gardener in the employment of Probart, proved seeing
the two men go out tosether towards Gill's Hill Lane, on
Saturday morning.
James Haddis, aged 13 year., sworn. Had lived with
Mr. Probart seven months. anus looked after his horse and
Pitt. Last Friday, about ten o'clock at night Mr. J. Thur.
tell tame to his master's house in a gig alone. It seas a
dark grey horse and a dark green and black gig. 'she
hor'se's bead was leading from Butler's Green, when h.
drove into the yard. He haul a great coat on of a light
colour. His outside clothes did not appear to be dirty. In
half an boor, Mr. Probart came in with another man.
noir gig came as from Radler. Hr saw Mr. J. Thurtell's
inside clothes and hoots, on the following morning,' and
tilt"' were covered with dirt—they were nothing but dirt.
llu Isis great coat were spots of blood; middling sized
drops. The gentleman with Thurtell had large black
whiskers. He saw the other gentleman rubbing Thrwtell's
emu with a net sponge. This was in the morning. Saw
no blood on that gentleman's coat. The gig in which Mr.
Thorsen came appeared very heavy, as if it had luggage
lo Thurtell never said any thing to him about an
widow. Thurtell was wiping himself that night with a
'Page in the stable. On Sunday, as witness was coining
ire. Mr. Nicholl's, he saw several ° lumps" of blood on
time dirt heaps, and two holes in the hedge in Gill's Hill
tAlut• Thartell brought a sponge with him. There was
g bag is his gig with a brass padlock, and that the two
took away with them on Saturday morning. They came
again ea Sunday, and witness went tip with them and his
"aster on Monday. He was taken to the Coach and Horses
111 Caudal' Street, Bond Street, and left there by Mr.
"ADA who was to retain in two boors, but did not

TIFIE

come back at all. The grey horse and gig sesaird
hired.

The prisoner, Joseph Hunt, was then called in, and Mr.
Noel. who attended as solicitor for the prosecution, told
him that the Magistrates and he would feel it their duty
to put some questions 'o him; but it was fit be should be
warned that he was not bound to answer a single one
unless he chose ; and, above all, be was not at all bound
to say any thing likely to criminate 11;mself. With this
warning, he of course would exercise his own judgment.
The prisoner then underwent a very long interrogation.
and answered every question freely - but as he afterwards
made " a confeession," which, for reasons hereinafter
stated, we do not peblish at present, it would be an injustice
to those who are implicated by the confession, to give the
one statement without the other. They ought to be read
at the same time, and compared with each other.
John Thurtell was next called and received the same
warning, and also underwent a very long interrogation.
When it had nearly closed, he was asked if he ever carried
pistols, and he said be never did. Being pressed, he said
be found a small pistol on a hank near P•obart's house, on
Sunday morning last. Rutbven found it upon him.—
(Rutbven produced it.)
Mr. Nom. said be had already cautioned the prisoner as
to his answering questions, and he was now about to pot
to him some of a very important nature. D. you, said
Mr. N. suddenly, do you know Mr. Weare?—Prisoner
(firmly) —1 dn.
Do you know where he is ?—I do nit.
When did you see him last?-00 Tuesday last week was
the last time.

Did you see him last Friday?—No, I did not. I did not
meet him by accident on Friday in the Edgware Road.
blr. Notts.—Now, Mr. Thurtell, you have said you
found this pistol near Probari's; what would you say when
I tell you I can produce the fellow to it, found within a
few yards of the same spot ?—I know nothing about that.
The pistol still with the blood and hair adhering to it
was then slowly exposed to the view of the prisoner from
the paper in which it was wrapped. and his conntenance
and manner und-rwe:it a change too striking to escape the
notice of the most careless observer. Its complexion,
naturally sallow, assumed r deadly pale, and be appeared
to shudder at and shrink backwards at the sight of tile
weapon, the state of which, however, it should be added,
was such as to he likely to produce a strong effect upon a
perfectly innocent man. •
The pistols were then co spared. They were of the
same size, each ha I " Hill, London," engraved on it, and
they were numbered 2 and 3. In the make and wanner,
anal every part, they exactly reaeiniiled each oilier.
Mr. 1%0ab.-1 can tell you, Thurtell, Mr. Wears is not
to be found.

Thu, tell. I am sorry for it, lint I know nothing about him.
The prisoner was removed, and the labourer,llerrington,
who was placed in the room. aware posi.ively th.it was
the man who wore the white hat, end spoke to him on Jas
turJa v morning.
William Rec A orthe. of 4, Spring Hardens, billiard-room
keeper, s.vorn.—Oa Titers lay last he saw John Thurtell
and Mr. Weare, of Lyon'. Inn, at his house together. Mr.
Weare said then he was going out of to,vn with Thurtell
the next day, for a few slay. einso:ing in llerrfOr•iilliraL men
the following day Mr. Weare called upon witness about
three o'clock in the afternoon, and said he was on his way
to join John Thus tell in the E Igware-road.
Thurtell was recalled, an I persisted in saving that be
had never seen Ware since Tuesday or Wednesday.
Hunt was recalled, ant, after souse qeestions, was shown
the two pistols. Mr. Noel, after acquainting him with the
manner io which they were fonnd, addressed him at some
lengths, and desired him to retire. In a few minutes he
sent fur Mr. Noel, and shortly after he was again conducted
in before the Magistrates, and made a very long stateno ott.
When he had finished, it was past nine o'clock yesterday
morning, the investigation having continued witboat inter-
mission through the night. Ile concletleJ by offering to
conduct the proper persons to the spot where " time body of
Mr. Wesre would be found." At this period, a gen 'email
who laAtl attended and taken notes of the whole proceedings
for the London Juttrnals, was abort to gilt the rosin to
make artangetn !nu for foil .wing the part.es in search of the
body, when he was called back and informed by Mr. Chits
terlsuck, the senior Illazistrate, that he was perfectly at
liberty to publish the whole of the proce-ditigt, with the
exception of " the confeotion." and that, the Ma, istrates
Jesited, should not be published, as they considered such
publication would be exceedingly improper.
The Reporter said he was extremely sorry to he under the
necessity of stating that he must refuse a compliance with
the mandate just itssurd from the issagietrates.
Mr. CLUTTERIICCIE said " the confession," if puhlieted,
would prejudice the persons accused before trial, aid it
must not be published,
''he Reporter said lie was as unwilling as any man could
be to prejudice any person, especially one lalmaring under
so heavy an accusation as the present ; and if he thought
that the publication of this " confession" would operate ;0
the injury of the persons accu-e.l, he certainly should
lament it exceedingly ; but he laid a del to peduran, and
must endeavour to execute it to the best of his judgment
and ability. He had attended for the purpose of reportiug
the a hole of the proceedings, and he felt hound to do so.
Mr. NOEL said that the. Magirretes had prohibited the
publication of the confession, and the Reporter, if he per-
sisted in his determination, would be ectiug "'in contempt
of the Court of King's Bench." It had been decided long
ago, and over and over again, that Magistrate. had the
power to order a Reporter to quit the place in which an ex-
atnination was held ; and if be suffered one to remain. he
had the power to prohibit the publication of any part of the
proceedings if be chose.
The Reporter was about to offer a remark, when Mr.
Noel said the Magistrates would do right in preventing
him (the Reporter) from leaving the room with the notes
whin he had beets taken of the proceedings.
Mr. CLUTTEEDUCK said he would cut the matter very
short. The Magistrates had thought fit to prohibit the
publication of this confession, and it should not be publish.
ed. lie required the Reporter to give up his note bouk
before be quitted the roots,.
The Reporter said that a compliance with such an order
was perfectly out of the question.
Mr. CLUTTZIIBUCE—Then I shall order a constable to
take it from you.
The Reporter said he should not give it up, and Mr.
Cluiterbuck looked towards a constable and held up his
band, of course intending to carry his threat into execu-
tion. The Reporter not choosing to undergo a search by
a police officer, took his note book from his pocket, and
placing it on the table, begged it to be distinctly under.
stood, that in giving it up, he did so under coe:cion
am! that he yiel fed only to what he must deem to be abso-
lute force.
The note-bank was then sealed, and when the proceedings
of the day had terminated, it was sent to a newspaper office
in London. _ _

Mr. Noel. stated subsequently, that the publication of
the confession at present would obstruct the due course of
justice, and prevent important discoveries, and upon that
assurance we abstain from publishing it.
Post chaises having been procured, Ruthven and Upson
took Hunt to a place which he had described, situate i u the
parish of Elstree, about seven milts from Watford. and
there, a pond, which be pointed out was dragged, and in a
few moments the dead body of a man was found. The
legs, which were quite naked, were tied together with some
new cord, and the upper part of the body was concealed in
a sack, tied on. Affixed to the sack was a handkerchief,
containing stones. The body was conveyed precisely in
tills state to the Artichoke, a public-house, a short dis•
Mace from the pond, where it will remain for the Coroner's
Inquest. Mr. Noel ordered that the sack should not be
removed, so that no positive identification of took place.

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