The Statesman.
London, England, 1818-01-26 00:00:00

THE ,STAtTESNLiN

part of his staring opiestel,'—end rlotottoeft to wear
the same shirt, breechesolockings, an shoes, which
he had, on the night befoee—and the*. heralso wore
Rhea 'taken into custedy for the said 'felony ,end
leterder. And he farther Isaiah,. that on his appre-
heitsion as hewing been %silty of the said teloity and
murder, he was taken' before one William Bedford,
one of his Majesty's Jestices of the Viler) ,for the
county of Warwick, Wore whom the,witnesses were
examined in sippork or ihe.cbarge--e"d be being also
i4t
samined did give in . his
,esamijtattan which was
afiirwards,signed by hini—kn which laid esaotination
Itie'gave an account of the several places he had
bees in an .}be , night of the 264 and the morn-
ink of the 27th of May, and described the several
*aims Whom 'he saw during the said night and i
horning. And no fact stated by him in his said I
dtgamiriation has been, in any manner, contradiCted
by 'say evidence then or subsequently given ; but,
on the contrary, all the material facts have since
been fully confirmed by various witnesses as
well those for /he prosecution of the indictment, as
those itamitted'for his defence. And the said Abra-
ham 'Thornton further saitb, that at the General Ses-
sion of Oyer and Terminer, hoiden at Warwick, on
Saturday the 22d of August, in the 's7th year of his
°Majesty George 111. before Sir James Bayley, Kitt.,
Sir G. S. Holroyd, Ktit., and otheys their fellows, ,
he the said Abraham Thornton was indicted for the
murder of the said Mary Ashford, and the following
ie a true copy of the indictment.
[I fere the indictment for murder, and the record
of the Appellee's acquittit, were introduced.—Theu
followed a declaration, that the Abraham Thornton
mentioned In the said indictment is the same Abra.;'
ham `Moulton now appealed of the said murder—
and that the Mary Ashford mentioned in the said in.
dictment was the some Mary Ashford of whose
murder he is appealed.]
" And the said Abraham Thornton farther saith,
that the facts, circumstances, and proofs, in the
counter-plea mentioned, and considered as strong
and violent presumptions and proofs, that be is
guilty of the said murder and felony, and ales the
said several facts, circumstances, and proofs, men-
tioned in this Replication, were, in truth, proved
at the said trial of the said indictment against the
said Abraham Thornton, for the Wad murder and
felony.
[Here were introduced a copy of the indictment
against the Appellee for the rape, and of the record
of his acquittal.]
" And the said Abraham Thornton farther saith,
that the facts and circumstances set fUrth in this
replication, afford stronger presumption and proof
that he is Not Guilty, than the said facts and cir-
cumstances, in the said.counter-plea *et forth, afford
presumption that be is Guilty, of the felony and mur-
der of which he is appealed:— Wherefore, be asks
judgment—and prays to be permitted to wage (batted
against the William Ashford.
(Signed) "AuesustaTUOIRNTON."
~
" In the King's Bench—Between William Ash-
ford and Abraham Thornton.
" Abraham Thornton, late of Castle Bromwich, ,
in the County of Warwick, bat now a whoop' in
the King's Bench prison, labourer, maketh oath,
that the facts stated in theabove replication are true."
The repliCation and affidavit of verification having
been gone through, the proceedings terminated in the
manner stated by us on Saturday, Thursday nest
being film) for the re-appearance of the parties.
SUSPENSION OF THE HABEAS CORPUS ACT.
About three o'clock Lotd ELLENBOROUGII inti-
mated he had been informed that there were some
persons in Court desirous of making motions ; if so,
he would bear them then.
A man of decent appearance,dressed in blackorith
his hair powdered, then rose, and said he had a mo-
tion to make. He was not prepared yesterday. lie
had not money, enough, nor was he rich enough to
throw away ten pounds in employing others to re.
present his interests. lie wrote to Lord Sidmeutb to
consult him how he was to act ; but his Lordship de-
clined an interview with him. He had applied to his
Lordship (Lord Ellenborough) with the saute view,
hut his Lordship had said, that he was not a Coon.
seller ; that it was not his duty to give advice, bat
to sit as a Judge. Under these circumstances he bad
again to present himself to their Lordships' notice.
Lord ELLENBOROUGII.-46 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,.l beg leave
to move, either that I may be discharged from the
recognizances into which I havebeen forced to enter,
or that I may be brought to trial forthwith."
Lord ELLENBOROUGII.-7" On what ground do you
move to hate your recognizances discharged ?"
(The Attorney-General at this moment entered
the Court.)
Lord ELLENSOROUGU now asked the name of the
person who addressed him ?
The man answered—" John Johnstone."
Lord ELLENSOROUGII, —44 It there any roiregai•
zance of John Johnstone before the Court ?"
Mr. Dealtry, Clerk of the Crown-pfliee, looked
among his papers, and answered in the affirmative.
Lord ELLENBOROUGH—" Read the recognizance.
Mr. Dealtry then read the recognizance, which
eras taken before E. I'. Lyon, Esq.. at the Castle of
Eseter,,and bound the Defendant, John Johnstone,'
under the penalty of 1001. to appear in his Majesty's'
Court of King's Bench on the first day of the pre-
sent Term, to answer to all and every thing which,
might be alleged against him, sad there to attend
from day till day until discharged.
Lord ELLEM3OitOUGII.—" Now what have ytiO to,
object to this recognizance?"
Mr. Johnstone.--" I wish to state the circuits-.
stances under which my imprisonment took place.—
I have prepared an affidavit on the subject, which i
am desirous your Lordship should hear read."
Lord ELTANUOROUGIi.--.44 I yesterday explained
that there was no occasion for the parties under re-
cognizance to attend till further called on."
Mr.fJohnstone:s —I call on you to read my
case, which is stated is the affidavit I bold in my
hand."
Lord EsszenottouGni—" What object is to be
- ,ed f , heat+ • the affidavit ?"

derive,. _rum ug
Mr. Johnstone.—'` The object whkb I have its
view is to have vl recrinizsocea calicalled) or to be

,brought to trial er sonwirs Itenenolenr.: I do aot
peen to be importunateP
' Lord'Euttwerntousitt." It melt appear thirt we
Mire r right- to cancel your recogncer before it
flair 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?"
Mi. Justice BAYLIY.46 Can yew show us..auy
rounds upon which we shall be authorised in draw-
ing the .conclusion that the :recognizance into whip!'
you have entered ought not to have been taken ?"
.. Mr. Jehustone.—" I do not pretend. to say that
*ere are any such grounds."
Gerd Er.t.pssonottaw.—"Then you are in no con-
dition► to make this motion. Unless ytrw:can show
us that your recognizance has been. illegally taken,
we bare no right to disturb it. We cannot bare the
time of the Court thus wasted."
Mr. Johnstone: .--66 The object which' I sin de-
sirous of obtaining it of vast importance to me."
Mr. Justice BAY LEY.—" Your application is con-
fined to two things :—Firsst, that you should be
.brought to trial fOrthwith. To this you have re-
;coifed for answer, that the Court have not the power
.to bring you to trial. The second thing for which
!yea apply is to be discharged from your recognizance,
and upon this your answer has been equally explicit.
There is no ground upon which the Court can com-
ply with this request, unless you can satisfy us that
your recognizance has been illegally, obtained from
'you. You say your affidavit does not go to show
that there had been en illegality in the mode of taking
your recognizance, consequently we can afford you
,po redress."
Mr. Johnston..—" Then I must certainly beg of
the Court (as I shall remain in town, and be in at-
tendance from day to day, as my recognizance re-
quires) to allow me the means of supporting myself.
It would not be prudent of me to return to my family,
and still to have this recognizance held over my bead.
It is my decided wish, if my rec.-gnizance can't be
discharged, that I be brought to trial. lit the intrO
.rim, I hope yoor Lordships will afford me the means
of living comfottstily. Your Lordships will not
thlek this request enreisonable."
Lord ELLENBORoUGH." Your application, if not
,unreasonable, is certainly en extraordinasy one.—
The Court have no power to comply with your dee
sire."
Mr. Johnstone..l—" Then your Lordship means to
Rey that you refuse to grant any one of my applies-
tions ?"
Lord Ekzemnottotrwt.—" I mean to say what I
have said."
The ATTORNEY-GENERAL now addressed the
Court as follows :-- " My Louts, I had no notice
whatever of any such motions as those which you
have heard tieing about to be made this day, save
what l derived from the ordinary channels of public
information, in which I saw reported that which or-
,carred yesterday.- In . consequence of what t thus
collected, I felt it my duty to attend here and to
state, that I have every reason to believe the Gentle-
man who has been making these applications, had tin.
tire before he left Manchester that his attendance in
Court would not be required."
Lord ELLEN ROROVGIL" Then the inconvenience
and expence of being absent front his family is attri-
butable to himself."
The ATTORNEY-GENERAL.—" SO, I believe; and
I believe that every other Gentleman who entered
into recognizance! under similar circumstances re-
ceived a like communication."
Mr. Johnstone.—" I do not mean to deny that."
Lord ELLNNBOROUGH..—" Then there is an end' to
this business."
Mr. Johnstone.-44 Bet I wish to stem, the natute
of the notice which I received."
Lord ELLENROROROIL—" Really the time of the
Court, which belongs to other suitors, cannot be
thus Weed with. We have your motion, and have
given you the only answer of which it is susceptible."
Mr. Johnstone.--" Then, I suppose, I must sub-
mit to the consequences."
Tw• other persons, named John Roberts and
Samuel I)rsmmond, made .similar motions, which
were rejected. Other persons were prepared ro pur.
sue the same course, but the Court would mot hear
them.

!Alm by the Lisbon Mail, which arrived no Fri- '
day to the I3th inst. contain nothing very interest- ,
ing. They state, that the cotter Dove, lisowts,
Master, which arrived there a few days since with
potatoes, was obliged to throw part of her carp
overboard ; and, that the remainder is entirely de-
stroyed by the water she shipped dor* the passage.
It is said, that the damage done in the Dutch ship
Vred is greater than was at first espectell ; and that
part of it, not the whole of her cargo, must be lied-
ed. It is mentioned, that the American skip Niagara,
from New York, has brought iu the crew of the
British.ship Pante.
ABetween the tOth of October last and the sth ofj
the present month, there have been exported from
Liverpool twenty-four millions eight hundred and
fifty-live thousied three hoodred and thirty -fife yards
of printed calico, cottons, and cotton roofs, and
three hundred and eighty thousand five hundred sod
foity-foor pair of cotton stockings. Averaging the
cottons at one shilling per yard, and the stockings
at two shillings the pair, the amount of both is Dear-
ly one minion three hundred thousand pounds.

ft is stated in the Dublin Evening Post that 14
Roman Catholic Clergymen have fallen sacrifices to
their defy in attendance upon the sick afflicted with
typhwe fever in Londonderry..
The effects of tine late Mr. ROBERT PALMER, of
Drury-lane Theatre, were administered to in Doctors'
Commong, on the 15th inst. They were sworn to be
ender 2001. value.

Friday morning, between eleven and twelve
o'clock, while the servants and family of Mr. Paine,
of Brunswick-place, Tarrner's•hill, Deptford, were
engaged :..1 the upper apartments of the house., the
k
following articles of silver plate were stolenons tit*
kitchen, the door of which had been imprudently
left unfastened: two silver mugs, a silver ladle, seven
silver spoons, a large gravy ditto, and a sauce ladle.
The value of the property stoleu, is 211. The thieves
escaped with their booty.