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

Tut r. ..s

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lacioas thing generally insaekeed by th -16 e01)1er oilers, ,
that If the party does not commit the particular
thing himself he is not guilty. In morals be_
is equally guilty if be assists in the design. whether he
perpetrate; the crime or not ; in law be is not lees
guilty. Men should not lay the unction to their emits In
this manner; for if three or four men go out together
upon any guilty design, and one only commits the deed.
all the others are equally guilty with hitn, and equally
proper subjects for trial. In this case then you see, Gen.
leinan. that a murder has been committed—that there are
singular circumstances *connected with it, such as the
I purchase of pietols end a mould, one of which pistols was
sworn to by the pawnbroker's man, who had no interest
in the manner the one way or the other, and therefore then
more readily lobe believed. Some of the wearing apparel
of the deceased was traced to the possession of the pri-
soners by Ruthven the officer, and identified by the laun-
dress of the deceased. His gun, his backgammon board,
and several other matters are found in Hunt's possession
on the 30th Oct. six days after the death of Wear*. Haying
all those things in his pcssession it connects him with Thur.
tell; and it will be for you, Gentlemen, to see if from thisyou
can infer any previous knowledge of the intended and then
committed cum!. Before I conclude my address to you, I
' shall go through the whole of the evidence; and as I proceed
mark such parts of it as it may be proper to direct to poet
more particular attention. You are happily placed hereto
interpose between offended justice and the prisoners at the
Bar ; but if you should find any difficulties in your way,,
you shall have my best and most impartial advice to guide
you. You have to decide if a murder has been committed,
and then to say if the prisoners were its perpetrators—or
one of them knew it after its perpetration, or aided or
counselled 4n its execution. You have a strong chain of
circumstantial evidence ; you have that of Probed : and it
remains with you to say if you are satisfied that Thurtell
and Hunt were the persons who committed the horrid
;deed. The prisoner Thurtell had urged very.strongly that
to person like Mrs. Probert, who, after hearing what she
:stated she had heard, bad kept the gold chain, was un-
worthy of credit. It would in his opinion be going too far
to conclude from that circumstance that she was aware of
the murder. Probed had stated that Thurtell told him
when the shot was fired, Wear. jmnpedjout of the gig and
was eiagiug out like a devil. The Jury bad beard this day
that Thurtell had been in de Navy, and that" singing out"
' was a sea term. It would be for the Jury to say what
Istrength these circumstances added to Probert's statement.
It was sworn that Thurtell was influenced by malice, in
I canseqnence of Weare's having won from him a consider.
able sum of money at play; and Thurtell this day in his
defence admitted. that lie was addicted to gaining, but he
said the example wis set to him by the heads of the nobility
and gentry, who were constant frequenters of those schools
of vice. He trusted that if the prisoner's statement were
true in that respect, the proceedings this day and yesterday
would read to those persons such a lesson as would induce
them to abtain from pursuits which led to such fatal results.
It was clear dist Thurtell had taken down a doubled bar
relied goo to.Probert's, as stated in Probert's evidence, and
the guu now produced—
Tkurtell—Sly Lord, the giui which I took down to Pro-
bed.* was sold by public auction,under the execution levied
upon Prebert's goods. .
Mr. Justice PARY—That dots not appear upon the evi-
dence. However, if you have now any witness to that
effect, I shall receive that evidence with pleasure.
Tliertell did not call any person, and
His LORDSHIP proceeded in his summing up. He con-
'lidded Probert's' testimony as to dragging the body,
and to what took place in the parlour, was confirmed
by his wife.
Thertell—Will you allow me, my Lord, to call the
Under Slit r.ff, to prove that my gun was sold at Probert's
sale ?
Mr. Justice PARK—Ceitsinly; call the Under Sheriff.
The person who levied the execution for the Under
Sheriff was then put into the box ; but he could not swear
that the double b welled guu which was sold at Probert's
sale, was Thurtell's property.
Thurtell—Was not thereon which was sold at Probert's
sale put up as my double barrelled gun ?
Witness—l don't know whosegua it was ; I seised itas
Probert's property.
Mr. Jostles PARR resumed. He was willing to indulge
the prisoner In every way; bat looking at the evidence he
must say, that the gun which was sold at Probert's sale
could not he Thurtell's, because it was io evidence that
Thartell,on his return to London, took his gun in his gig.
The evidence of Probert respecting Hunt's bringing down
a spade was confirmed by Thomas Thurtell. It was for the
Jury to say, without looking at Probert's character, whe-
ther his evidence was confirmed by creditable witnesses ;
and if was so confirmed it was their duty to believe him.—
The Learned Judge then read Mrs. Probert's evidence,
and said that lie considered it as strengthening her husband's
testimony ; and be was induced to come to that conclusion
from the, fact that she had had no communication with her
husband from the day of his arrest to the tiuse of her giving
evidence. His Lordsl,ip then minutely recapitulated the
evidence of. the other witnesses, pointed out where they
corresponded with each other, or with Probert's testimony;
and concluded his summing op of de evidence for the
Crown by stating, that he hoped he bad not omitted a
single fact either for or against the prisoner; and the
consciousness of having thus accurately mentioned those
facts word., be a satisfaction to him, be the result what it
might. Fur the Prisoner Thurtell was called a respectable
• Solicitor, who swore on his oath that Probert's oath was
1 'unworthy of credit. He (Mr. Justice Park) did not think
that man entitled to belief, and if the Jury should find him
unsupported in any part of his evidence, he would meow
mend them to reject that part. Captain Mackeosie's
testimony as to Thurtell's character was certainly of as
ancient date. because be could say nothing respecting his
conduct since 1814; and after the prisoner's own statement
of his pursuits for the last few years, it was not at all int.':
probable that a mein of excellent character in 1814 might,
by a continuance of such pursuits. become a very bad
character in IS2J. In cases of doubt charactor Otlotrht to
leave weight, but if tire Jury should be clearly of inion
that the facts o 1 the case lutiStiOd them that the
.psoners
were guilty of the crime with which they were charged,
thay.woula best discharge their duty by pronouncing a ver-
dict Of Guilty. The prisoner 'nude!l had gomplained. and
juitte complained,, rf the calumnies which had been written
respecting him, and circulated through the kingdoin pre-
vious to his trial. ' It was to him matter of astonishment
how any persoes who possessed edacation or humanity
could be guilty of acting so towards a fellow-creature; but
be trusted that the Jury would dismiss from their mines
all that they had heard of the prisoners, except what they
had beard upon oath in that Court, because they were
set now trying the prisoners for their good or bad charade'
• tors. 'He would again repeat, if the Jury Gad any doubter
they would give the prisoners' characters their due weight,
but if tbe.y Lad ao doubts, their character ought. to have
t no weight.. If the Jury thought that the evidence mug.
i towel tee finger of God pointing out the prisoners as Ike
t perpetrated of a dime committed wh re no human eye
t could witness the deed, then tbey owed it to their-Clod, to
their. country, to thendelves, to find a verdict of Puilty.
, Hunt—My Lord. I wish to make an observation or two
,111,r1Justice PAIIII—It is really manful to me rhea sp.
NFlltions are made to rue by primmer* to permit, ghetto be
ilium which the Laws and Coaatitation of 'the Country
:e etillewr tie 'm prevent. Bat, consult with your Colossal,
1, aed,if :he think what you wish to sayllllllll-iler 'the
a Pie, to hear, I shall not regard the iddt itiliktor the
theireding.
the prisoner and his Usenet :11WAIlitrattd td-
teethe:- • r•• 1 I • t • 0
IV Tit Miami' privately coopinglcat .le-Ot Loraillir
.

appflesitb of.tlie prisoner; out his Lordelliti
the Jury that thee, aught retire. •
• • THI VERDICT.
The Jury retired at half past three, and returned at four,
when their names having been called over, they were asked
for their verdict by the usual officer.
The Foreman gave in the Verdict—John Merrell
GUILTY OF MUR DER—Josepfs Hulls UUILTY as an
ACCESSARY before the fact.
The verdict having been recorded,
Mr. ANDRIWII addressed a few words to the Bench,
which we were unable to bear f-'rther than that their im•
port seemed to contain some allusion to mercy—we pre-
sumo in behalf of Hunt.
Mr. CHITTT then rose to make a motion in arrest of
judgment. The Learned Counsel grounded his motion on
an Act of the sth and 6th of Edward the Sixth. chap. 3.
which ordained the observance of certain days as holy-
day% upon which all secular proceedings were null and
veld. Such, be contended, were the proceedings in his
trial, whieli had been carried on io opposition to the spirit
of this Act on the preceding day, which was the Epiph-
any. The Act in question provided that Sunday, Christ-
mas Day, Good. Friday, and similar days, should be dies
nom in law. So much so was this. that no arrest could be
made on Sunday; and even if the officer attempting -it
were killed,,the slayer could not be indicted for murder.
Whether right or wrong, this law stood upon their Statute
Book, and as such it was incumbent on his Lordship to %.1)-
serve its provisions. He considered that the Jurymen,
for having sat there yesterday, were all indictable. It was
always customary to adjourn over Christmas Day and
Good Friday. He therefore entreated his, Lordship to take
this, as a case of magnitud., into his solemn consideration.
—That it ought to have effect he pledged his professional
opinion, for the truth of which he appealed to Um
Mr. Justice PARK over ruled the objection of the
Learned Counsel. He did not fear ecclesiastical proceed.
lags, and he was sure nothing ' was more common than for
' Judges to sit on Good Fridays • nor could he hope for any
encouragement in offering such a question to the twelve
Judges. when the Lord Chief Justioe was yesterday sitting
io judgment on important causes. He had not the slightest
doubt himself. and be would not disgrace his office by
arresting judg cent on such a proposition.
The Clerk having called on John Thurtell to know if he
had any thing to say why sentence of death should not be
passed, he spoke as follows:
" My Lord—Before sentence is passed, I wish you to'take
into your consideration, that I now, for the last time serious
ly assert my innocence. and request that your Lordship will
poitpone my execution to Monday next, after the Sabbath
day. I ask it because I have friends at a distance whom I
wish to see, and not on my own account, for I am Doti
ready to die. But I have important things to say."
THE SENTENCE.
.
The Jenne tom proceeded to pass septettes as follows :
—Too, John thiutell and Joseph Hunt, after a very full,
a very fair, and, I trust, a very impartial trial, by a 'dry
eif.your country, you have, I think, been very properly
' found, guilty of the respective offences with which, you stand
charged. You, John l'hurtell, as a principal in the murder
and you, Joseph Hunt, as an accessory before the fact. It
cannot but give to every feeling mind considerable pain,
that a persou whose conduct this day has shown that he
Was born to better things, and who has stated, that in his
eatly days be received the impressions of virtue, should
have committed so detestable a crime, For, notwitbstand`
ing you have protested your innocence over and over sod%
I must, in My conscience, declare that 1 am as. much still.
fled; off your guilt as if I bad seen it with my
mortal eyes. 1 do beseech Too, therefore, net
to apply to your soul the flittering unction of
innocence, lest the All-seeing Power should detect
You rushing before him with a lie is your mouth, and
perjury in your heart. You best know whether there was
any contention. On the evidence itself it appears that it
was one of the most foul and wicked of murders. It is
horrible to think that you should have been going on in
intimate companionship in these knits of dissipation and
gaming, which are, the bane of society, with this man.
whom yon were carrying down for the express purpose of
introdirctioo, with Use clothes wills which be tuteaded to
ornament himself, and who, by your hand,was in a moment
of darkness no more. If that man were each as bas been
represented, I cannot but think how much your crime
was aggravated in sending him to his account before God,
without a moment's reflection. I seek not to
,aggravate
those offences, which of themselves make men most wretch.
ed and miserable.. I only say this that you may not apply
to yourselves that" flattering unction" against which I
before warned you. From your speeches it appears that
yon have been well instructed, and shod as that time is
which now remains for you to improve, it is more by
20 times than that which you gave to the unhappy man
you deprived of life. I hope that since yesterday not only
have you not been wanting in your defence, but have been
careful to do that which is good at all times—to make
your'petice with God. Yon have stated that the Clergyman
of this place is a most respectable man, from whom you
have gained c,ainfert and instruction. I hope that you
will seek and continue those conversations which you have
held with him, in order that through the Saviour of the
World, you may he enabled to regain that place in his
favour and love which you formerly held. Seek earnestly
for it : let me intreat you to do so, and you will have it.
Do not postpme if you would enter the gate of Heaven,
which you may, through the intercession of the Son, and
may the God of all mercy grant your prayer. The ven-
teuce of the law is, that you, John Thurtell,
be taken hence to the place from whence you
came, and thence on Friday next, the 9th January,
to a place of execution, and there hanged by the nick until'
you are dead—after death your body to be cut down and
delivered to the Surgeons to be dissected and anatomised.
As for you, Joseph Hunt. for in aliciously abetting and
concurring in the murder, the sentence of the law is, that
you be taken to whence you came, and thence
to a place of execution, and there hanged
by the neck untill you are dead, afterwards to be dissected
and anatomized, and may God of his infinite mercy, have
compassion on your souls."
oaring this solemn ceramoay his- Lordship was affected,
OVER to tear*.
No day was named for the execution of Hunt. A cow
municatioo had been made to the J ridge a short time
before, which was understood m relate to the case of this
prisoner. The party who brought it came,to Hertford in
a coach and.foqr, followed by a poit.chaise from Barnet.
At that place directions 'bad been given to 'proceed with
accelerated speed. The Learned Judge having looked al
the paper, which was handed to him, desired that thtl
Messenger might' wait.
The Court then broke pp- • •
Whilst the Jury. We're 'ffelitibiting on their verdict,
Thoitell dAinir'b .f ale in the dock; and did not
pewit' the least agitated then, nor when the verdict las
pronounced. • Dming the r - fervently
called. his Lordship's attentiou to evidence
foe 'the Cedivh• he thane favorable.
to., dejtiled. t, 'had during
,WheaDie, sem
; Lin