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

. TRIAL OF THURTELL ANL) HUM'.

(Continued from the First Edition of yesterday's STATES•
SAN)
SECOND DAY. •
(Conclusion of Thurtell's Defence.)
in the close of his defei ce the prisoner again
repeated; he was incapable of the crime; and
hail the sued cowolation, chile then add es.irg
them, that Ms memory would be respected by his
family, and that he knew, as did God Almighty, he was
innocent of the murder.—(bare his utterance became
&hiked with grief; he continued)—r" Oh, gentlemen. not
fir my sake, but for my family, my revered father at d
mother, and sisters; do not place the die upon them for
ever; their character, so lung borne upon the wipes of
honour, will for ever he blasted by consigning me, an in•
norent and unfortunate man; to the scaffold : their happy
home ;till for ever- he rendered desolate, end
in.() the Erive they will fall a melancholy ex.
ample of the rain brought unintentionally by me. 31y
tither too, oh God, gentlemen consider before you decide
and tix my fate. 1 stand here, 1 again repeat, assisted by
the divine power of Almighty Heaven, with the consolation
that 1 have ever acted liononcably and honestly, and 1 am
norror wrack at the idea of my being supposed capable of
this crime, end in conclusion •1
trust, nay, 1 am Sure every
man who I eirs me, believes me innoi•ent; if there be any
man in this Court, who is of the contrary opinion
let him remember the sublime words of the Apostle Paul,
Wonld to Got, you were n it almost hilt equally innocent
as 1 bin, save those both*" and he will then apply them
to me. Gentlemen, lam well aware that your i • p•irtant
sitaiation comprises every thing that is vett and good,
and dear to your chant, ter —inn hI nd the fedi lgs of the
man ;.nd gentleman, and by all that yon hull dear to
man, I do implore yon to discharge me from this liar, as
I did not the deed. 1 know you will fully consider the
case; and, Gentlemen, whatever be your verdict, I earnestly
implore your attentive consideration,to this my last eolema
and tree declaration-1 am innocent, so help me God !
Daring this address, several persons were deeply affected.
Thomas I'burtell particularly, he cried bitterly ; John
fliurte•l sat down, and wiped his brow; towards the con-
clusion of his speech he spoke with firmness and delibera-
tion ; but after sitting a few moments, he burst into
tears.

Mr. Justice PARK was abnut to call upon Hunt—but
Mr. ANDREWS inlitliated he sh wish to examine Thur•
tell's witness-s to character first —this being acceded to,
the following gentlemen were severally called :
Mr. Smitti,l IVadeson, attorney, examined by Mr. Art.
mews.—Knows IVilli.sw Probert ; was concerned for him
lie was examined by the Commission of Bankruptcy serer&
times. From what he knows of the infamy of his char►c
ter. he would no, art fur him.

Mr. David Haydon, sinvevor—fly Mr. PLATT—Knows
John l'iourtell some years. I never knew any thing wrong
of him until now ; 'he witness consideted him a vtry
humane, very li' era honest hearted men.
Captain Maeinley, R.N. examined by Mr. ( WITTY.—Ha
knew the prisoner Thurtell, as he by
stiled in the
(Whine, under his command for two years, from 1812 to
14 ; hehelsaved well, and b ire an excellent character.

11r. Justice PAKIL—D4 you know soy thing of hitn
singe ?

Captain Macinley.—No, my Lord, I do not.
Mr. W.dm•ley, Merchant, in his examination hp M.
CHITTY, bore testimony to the high character of John
Thu.-tell, whom he con•i lered honest, human!, and
honourable.

HUNT'S DEFENCE.
Mr. Justiee PARR, much affected, rose and said,—Josoph
Hunt, now is the time when you can make your defence.
Hent stood up, with his face bathed in tetra, and, IA the
utmost agitation said, he was nnsble to address the Court;
but he would feel obliged if his statement was road. •

Mr. Justice PAUL directed it to be sent in.
The statement whirls composed several folio pages, was
then banded to Mr, Knapp., clerk •f the Court.
I: commenced by observing, that in consequence of not
baying time allowed, and the most unfortunate situation
in which he was placed, be was on sble to say much, and
that little, in consequence of what had been done in his
eu•,was he thought already anticipated. Hr, when commit.
ted to prison, had the full assurance that he should have been
acquitted on the ground of his having received a promise front
the Magistrates and Mr. \oat.; and he did not know until a
few days before the commencement of tie Assizes, but that he
would have been received as an approver.
Ur. Justice PARK—I don't like to put questions to prisoners,
but do you mean before the commencement of the Assize?
Mr. Tnessiota—YLts, my lord.

Mr. Justice PAIIK—Ti;at Was, it will be remembered, on the
3d of December.

The statement continued to detail the whole of the proceed-
ings of the Magistrates relit ve to the promises which have
already been so often before the public, and the candling of
Mr. Noel., the Solicitor, and concluded by appealing to the
Jury whether he was not entitled to an acquittal on the faith
Of that promise.
Hunt made an observation on the evidence of Banos, the
Distrait constable, remarking he had sworn falsely, in sayin;
be had pointed out the spot where the body lay.

When Mr. KNAPP finishel reading the paper, Hunt said
he had an ther paper, a very short one, which be would
read. He was toll that that also might be read by the
officer, but lie preferred reading it himself, and he
accordingly read a Ger Comments on Probett's evidence.
The Jndte now inquire .I it there was a constable of the
County of Hertford to Coert. It was answered that there
was. *He was swore, and was questioned as to whether
Gill's Hill Lane, where the body of Mr. Weare was found.
was in the County of Hertford? The constable who had
answered the former call of his Lordship, could not an-
swer the question. Mr. Nicholson, the Under Sheriff, •
was then called, but Mr. Hooke, the Coroner, being is
Court, his Lordship directed him who sworn, and that
(jentlem in deposed to the fact that the place where the
body was found was within the limi•• of the County.
THE JUDGE'S CPAR Tt._

The Learned Judge then• addies:ed the Jury.—This
important ease had occupied, and iery justly, a great por-
tion of their tme. The Prisoners had properly been in.
dieted, charged in dill% ret t wan Thurtell as the principal
felun, Who be 1 commune 1 the murder, and bleat as the
person who had aided, stirred up, counselled, directed. and
concealed the murder; in legal language, charged as being
accessory before the fact. The prisoner Hunt had properly
stated, in the paper which had keen read to them as his
defence, that if 'he had been only guilty of concealment
after the murder, though he might be a most vicious and
despicable character, yet being no more than an access*: y
after the fact, he could not be convicted under the proms
indictment. This question, like every one where the
death of man was concerned, was one of great importance.
So highly did the Law of England prize the life Of IMOD,
t at in every ionise* it h. id killing to be a mar hit
it for the par y charged with the killing to preen.. the
offence committed was not a murder; to show thee 'lbws
had bite no itlllisg, or none but that- tibia the
14w would excuse. The question hen was
wI e committed the act? For it was not pretended
that tbrre were any circumstances which *tilled* it.
l'be defence of the principal prisoner was, that he did not
commit the act, and if the Jury should believe this ne tee-
ther intrdry was necessary. There was a difference tt=
the eases of the two prisoners, though there would
is the legalsonseqneeces which would fallow einerletioe..as
the Law punished, and justly so, the socesseey in a tweet
murder, the same as it punished the murderer bimedl. Sat
1 if they sbonld think the evidence given before these did sot
affect Thus tell as the party who cNausinittesitbe garde'', the/
they need make no farther inquiry about *1 tat. Hoods
Ilug charged with aiding, counselling, add abetting I'
E4ll is the seeder ; if Tbartell wetersot (silty of the sts

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