The Statesman.
London, England, 1823-11-03 00:00:00

THE STATESMAN

COURT OF KING'S BENCH, UUU.DUALL, Noy.l.

BROWN V. BSIDOIIIK.
This was an action on the ease. The declaration alleged
that persons named Mullins had sent a horse to grace at al
farm of the plaintiff, and the defendant pretending that
the horse was his, obtained possession of it, end whilst in
his possession the animal died ; that Melling brought an
action against the plaintiff for negligently delivering the
horse, and the defendant not interfering to defend that ac-
tion, plaintiff was damnified ; and tbererpon a cause of
action accrued to the plaintiff against the defendant. There
was a count in trove, for wrongfully converting the horse.
The defendant pleaded the general issue.
The Jury found their verdict for the plaintiff—Damages,
96/, 15s.

COURT OF COMMON PLEAS--Sernanay.
BREACH OF CONTRACT.
BRADLEY 0. IRONMONBCR.
Mr. Sergeant VAUGH•N stated the case to the Jury. He
said that this was an action brought by the plaintiff against
the defendant, to recover damages for a breach of con-
tract. The plaintiff was nephew to defendant, who was en
extensive coach proprietor, and owner of the George and
Blue Bear office, Holborn, and also a Magistrate of Effing-
ham, in Sussex. The latter prevailed on the former to
quit the service of Messrs. Le Forest and Co., considerable
wine merchants, in which he had 2001. a year, and conduct
his coach concern' under articles of agreement, the pri
gird of widish Me those : —That plaintiff's salary should
be 3001. a year, together with half the profits of the coach
!meioses, sifter dedaetiog 0004 from the net receipts for rent
and other Incidental expences; the defendant at the
same time reserving. to himself a right to dismiss the
plaintiff from his service and the management of his busi-
ness altogether, upon presenting him with seven days
notice to quit. But there was an important part of the
agreement which was this, that the defendant, upon an-
oohing the contract should pay a sum of 1501. to the
plaintiff, and to lend him, upon to own personal security,
2,0001. at 5 per cent. interest, the principal not reclaimable
for seven years, unless the
.plaintiff's hooks should prove
his business not to be going on prosperously. In con-
sequence of some irritable language which
.passed between
the plaintiff and defendant on a Saturday night respecting
a horse which Mr. Bradley had agreed to sell Colonel
Seymour, the Serjeant at Arms of the House of Commons.
the defendant oo the Monday following gave plaintiff
notice of dismissal from his service; he was accordingly
dismissed without just cause, and the defendant subse-
' quently refused either to lenri the 2,0001. as previously
stmulated, or pay the 1501. For the recovery of the latter,
and a remuneration for the refusal of lending the former,
this action was brought.
Mr. Ibbotson proved the management of the business of
the coach office by Mr. Bradley for Mr. Ironmonger, and
also his dismissal in consequence of some violent language
which bad taken place between the parties, owing to Mr.
Bradley having agreed to sell one of the coach horses to
Colonel Seymour for 40 guineas, which bargain Mr. Iron-
monger requested the Colonel not to press, as it would
take the horse in question out of a team which acted well
together.
Colonel Seymour proved that he offered forty guineas for
the horse, wishing bun fur a particular purpose, although,
in point of fact, the horse would not fetch in the market
more than 25 pounds or guineas.
Mr. SergeautPaLL addressed the Jury for the defendant,
and contended, that by the articles of agreement it was
competent to the defendant to dismiss the plaintiff when*
ever be thought peeper to do so; but the Learned Sergeant
was usable to sastain by evidence that the plaintiff's con-
duct had been snob as to substantiate any of the allegations
which were to justify his unqualified dismissal.
The Jury found a verdict for the plaintiff, Damages,
500 i.; that is. 1501. for the gift, anal 350 f. to redraws
Whatever injury he might have sustained by the refusal of
the loan.

INSOLVENT DEBTORS' COURT.-SATuRDAY.

William Lore was opposed by Mr. HEATIII for Mr. William
Walker. The insolvent was a bookseller at llGunsiow ;
Mr. Walker is a pubbaher is London. It appeared by the
evidence that Mr. Walker had for some time supplied the in-
solvent with numbers of new publication.; and iu the month of
July last, the insolvent, as stated by two witnesses, said he was
advised not to pay Walker, and that he would do him—it
would be bat going to gaol far a short time at the worst. It
also appeared that he took credit from Mr. W. to the amount
of M. after maki. g these declarations. The insolvent also
stated, that after he had been arrested, he sold as much of his
furniture as reduced the value of the remainder within the sum
of 201., which he would be allowed to keep when discharged
under the Act.

The Cuter Comutsstortaa pronounced the judgment of the
Court; that the insolvent should not be discharged until the
expiration of 14 calendar months from the date of his petition,
and should be confined within the walls of the prison.

LONDON ADJOURNED SISSIONE.—On Setuplay Mews.
R S. Urle, C. Knertcloull, and J. Watson, were indicted
with many others not in custody, for a riot and assault in
the Fleet Prison, where they were confined, on the 1-Ith of
July last, the, circumstances of which were fully stated by
us at the time. The Defendants had frequently expressed
their regret and contrition for their condnot.—The Jury,
after being absent for three quarters of an hoer, returned
with • verdict, finding Hide guilty of the riot, but not of
the assault, and acquitted both the other Defendants. In
consequence of this special verdict, the Court was unable to
pass any verdict on Heir, because the indictment charged
the Defendants with a riotous assault, and not generally
with a riot.

A young female who passed by the name of Henderson,
ent her throat with a pair of scissors at her lodgings in
IVarren•street, Fitzroy-square. She had frequented the
boxes of the theatre during the present season only,
and on her return home with another female, from the
theatre on foot on Saturday night, she appeared mach
dejected. She retired to her bed chamber, and bring
there longer titan was expected, her companion went into
the room and found her bleeding upon the floor, having
made two deep incisions on her throat. Surgical aid was
at hand, and the hemorrhage was stopped in time to leave
hopes of recovery. The unfortunate young person, was
troubled for rent flue at a former lodging, and distress
was the cause of the attempt, which has since been re.
medied.

EIGHTEEN MILES RACE AGAINST A COACH.—A groom,
of the name of Edwards, was matched on Saturday morn-
ing to run 18 miles in less time than the Bath Regulator
Coach. The coach performed the 18 miles, changing
twice in two hours and seven minutes. The pedestrian
performed the task with great ease in five miantes less
than two hours.

DIARY FOR THS WEEK.
Nor. 2, S. Twenty Third Sund. aft Trio. Naw Moon AT 10 anne.
Hugh Water, Morn. 17 m. aft. I.—Seca. 41 in. att. I.
—.nB, U. Fame's@ KOPIIIA Doan. all Soots.
High Water, Mora 5 in. Mt. 2.—Sree. 28 m. aft. 2.
... 4, T. Ktmo WILLIAM .
High Water. Mons. 48 m. aft. 2—Even. 5 in. aft. 3.
-5, IV. TOWDLIS PLOT.
Higb Water, Morn. SI m. after 3.—Even 3i in. aft. 3.
-6, Vs. alkissolosos Terms begins. Leonard.
High Water. Mont. 55 in. aft. 3.—lisen. 14 in. aft. 4.
--
7, F. Mercury rises MI in. after i morn.
High Water. MonsXf m. 'Acre—Sven. 53 m. aft. 4.
—8, S. PRINOKOII AUG. So ent• nose.
High Water, morn. 13 a. aft s—Even. 34 sa. aft. 4.
00.--
NATURALISTS' CALENDAR.— ro enable our Readers to Judge of the
Heinen, we select from the Calendan of the Ker. Mr. White, of Selhonie.
and Mr. Martwiek, of the neighbourhood of Hattie, the dater of the renewing
familiar orearresers. whirls tare been observed during a course of years.
aid *bleb may usually be expected about the present period:—
(Wber, two dates are gives, they denote the MARIA; TT and the LATIN?
times.* which the osearreisos was obsurred. The letters /V. and .11. are
the UMW* *gibe manweet the observers.)
Burke grunted M 7. Nov.l.
Priossove A. ir,Nov.lll--.V.Oct. 7,Dee. 30.
Goose s'higtifile ?bar awarsi or. fie,. 13,14.
GtEroffselsio locked IV. Nov. 27
Hepatica 8. /r. Noy. 30, Dec. 3f--X. Feb; 29.

ADJOURNEri INQUEST.—Er.axage, SATURDAY.
o'rclOc the .
This nsornlng at 12 Coroner and Jury re-
sseembled at the Artichoke Tavern. The Magistrates of
Watford, Robert CLUTTERIIIICE, Thomai Hawoaxs, J. E.
Wilma, and George WATLINOToN, Esquires, Welw in early
attendance. and many gentlemen of the greatest respect-
abilita in the County.
Before the Jury were impannelled, or the Coroner
arrived, the prisoners Probert, Hunt, and Thomas Thurtell,
who had been confined during the preceding night in St.
Alban's gaol, arrived in three chaises, attended by the
local police. A considerable crowd was collected in front
Chitty/Inn, whose expressionsevinced the strong Indignation
which this foul murder excited. The prisoners were eon-
asepad. iato separate rooks under the care of the officers.
111111pwere relieved frons-tlielr irons and from all unneces-
sary coercion. ' Soon after the Magistrates had taken their
seat*. Mr. Non, the Solicitor, entered the room, and
addressing them, said, that Thomas Thartell had expressed
'a %Altr before the examination proceeded, to hare some
communication with him (Mr. NoEL) and the Coroner.
MC CLurreetsuca asked-it the Coroner was come?
Me. Noel. said not yet; but he was expected every
moment.
The agistrates said they saw no objection to this course
The
if the isoner wished it.
M r tipct. then quitted the room. The ntie4ack in
which the' S.ody'Wss found was then produced berpre the
Jary)ona. 1..:.1 on the table. It was split fermi:lap to
Immooll at' O r Wham there was a large stedn of blood
—thins where the head had rested. A plan of Probert's
cottad grounds was then ploduced."lt was wady,/
execand gate a complete key to the circumstances
which were detailed by the witnesses. Information was
also given to the Magistrates that Hunt and Probed, on
their way down to the house of the latter on Friday night,
purchased halfa-bushel of corn from a baker by the hatne
of White, at Edgware, and took an old sack with them.
They also stopped at the house of a publican of the name
of Clarke. at Edgware, with whom they were acquainted.
Hunt entered into conversation with Clarke on the subject
of the bill of indictment which had been preferred against
the Tlinettells• for conspiring to set their house on fire in
Watliag Street. Clarke, who knew the Tburtells, said it
was a had business; on which Hunt took out a newspaper,
containing a contra Diction to the statement that the bill
hail been tound. Probert now seemed very impa'ient to be
off, nd Clarke, while they stocd in the house, heard 1
another chaise and horse drive by. They at last set off '
towards Elstree at great speed. (Jr. the Sunday morning
Johp Thurtell called at Clarke's, as he was going down to
Proileres to dine: he asked if Mrs. C. had any lemons,
Clarke being out, and took some with him, as he said, to
make punch. He afterwards met Clarke in Edgware, and
shook hands with him ; Clarke remarked that he looked
1 ve* ill, and he assigned his agitated appearance to the
prOsure of his own private affairs: he then drove on.
Clarke saw Hunt on Friday at Elstree, and in consequence
of some suspicion that he had been conveying information
from one prisoner to time other, he was called before the
magistrates ; but upon being questioned, he stated that
he had been merely speaking to Hunt of the atrocity of his
conduct.
The Magistrate asked Clarke, what lie had said to Pros
Isere Clarke said, that the words lie used were these :
" Good God, how could you call and drink and joke, the
way you did at my house, when you had concerted, and
were about to commit such a horrid murder!" The 1
Magistrate asked, if that was all he had said? Clarke
-replied, that he believed he said to Probert, " tbat it was
a horrid and brutal piece of business, and he believed they
#ere all in it." Clarke declared, that he had not spoken to
itthe other prisoners.
The Magistrate then said, that it was untrue, that he
conveyed information from one prisoner to the other; and
isroissed him; expressing satisfaction at his explanation.
n
n Friday, Hunt was spoken to by a person who fool been
an acquaintance of the deceased ; who asked him, how lie
could have joined in snch a horrible transaction ? Hunt
replier!, " I did not do the act ; I certainly knew of its
being concerted, for some time before it. took place ; and a
fortnight before, I went to Mr. Rex worthy's. to inform him
of the intention to murder and rob his friend Weare; but
when I was about to communicate the fact to him, I bad
not the heart to do it."
The CORONER gave orders that no person
whatever should be admitted to the priso: era,
as it was important to prevent conversations taking
place, which may be conveyed from one of the accused
to another.
CONTINUATION OF THE EXAMINATION.
'I lie Coroner having arrived, the enquiry proceeded by
the examination of the following witnesses: Charles Lewin,
of Watford, wine merchant, was called. In consequence
of information he received he went with Mr. Johnson to
search for the body. They arrived at a pond called Hill-
slough on the road to St. Alban's, in the parish of Elsie',
on the right road as yuu go to St. Alban's. After search.
ing for 5 minutes, a ladder was got, and the body wit(
found. A sack was over the upper part of the holy, and
the legs were naked—the mouth of the sack was tied round
with a cord, at the end of tvhich was tied a piece of stone
and a handkerchief filled with stones to prevent the body
from floating. There were stones also in the sack.
Mr. George Jones, of Stanmore, was present when the
sack containing the body of the deceased was cut open.
The bands were crossed on the chest—under each arm-pit
was a large Lint stone. The legs were also crossed and
confined with a cord, which secured the sack round the
body. There was a red shawl handkerchief round the
neck of the deceased.
Mr. Reward was then called in: Ile stated that he was
the proprietor of the cottage occupied by Probert at Gill's
Hill—it was a leasehold, and he let it furnished—witness
lives at GS, Hatton Garden—knew Probert for four years
—on Wednesday last bad Prohert's goods seized for rent.
He bad heard something of this affair, and therefore he
made the seizure. Witness saw a carriage in the yard of
the cottage on the Tuesday morning before he had the
sefaure made, and understood Probert was going to move.
Witness was in the house on the Sunday after
the murder. He saw a person at the kitchen door
on that day—be believed from the description that
it was Hunt—he was brushing his coat. Witness on
the same day went with Prober; to Mr. Nicholls.
They were in conversation about the house, when Mr.
Nicholls said, " bye the bye, Probert, do you know any
thing of a gun going off in the night, down your lane the
other night ? I suppose it was some of your friends got
groggy and fired a pistol to alarm some une g..ing by.—
I have done the same thing myself in my younger days."—
Probert said be did not know anything about such a cir-
cumstance. Do you not recollect anything being said that
night about filling up of a pond in the garden ? On recol-
lection,witness remembered something was said aboutfilling
up the pond—and hr said they ought to drag it first, as
there was a good stock of fish there. There was some large
fish there ; for he had put sonic weighing a pound three
years before. After they talked about the fish, Philip
Smith said, that on Friday night about half past eight, m 1
he was going along the lane with Lis wife and a Mr. Os.
mond, he heard a gun go off, and afterwards groans, and
would have gone to see what it was, hut his wife would
not let him. He described the groans as violent, and said
be stopped and listened till be heard the last of them.—
Three or four minas's might have elapsed before he heard
the last groan. When the convey ' -- -
Nicholls said, " I thought it was a jol
was something more serious." P,
whole of the time, but said nothing k
all knowledge of the affair. Witness
to Probert's bona., and he said to him
the road, what is all this shoat ? al
don't know." On the same day he se)

two other persons come towards Probere's house; one u
them was Mr. Noyes, and the other he supposed to be Mr.
Thomas Turtall as he had beard he was expected. John
Thumll and Novee were in a gig, the other was walking.
Sapposed they all came together, Witness then retired,
and saw Hunt ; he could not swear to bicii,..4lse person
Ise saw was a black whiskered Mat
The Coroner said, the prisoner Haat bad lire black - •
whiskers at that time, but he admitted be bad dane-abaesi.
them oft
The witness thought it was a black cols .de loan be Sal*
was brushing. Nicholls, as well as Smith, said on the
Sunday that it was a gnn they beard go off. Nicholls did
not say he bad a pistol and a knife in his possession. Wit-
ness believed he said be had been down to the spot in the
lane, and saw some blood, but he did no mike the slightest
allusion to the pistol which since appeared to have been
then in his possession. He said sometbint of the bedee
being broken. On Tuesday morning witness met Mr.
Philip Smith in °neer his fields. ._ Witness was shooting.
Mr. Smith said," be believed there was something,more
serious in what they bad been talking about on Sunday."—
" Why ?" said witness ; " Because," said'be, " 1 have been
at the place again, and have seen.sosne blood, and the
hedge is broken, as if a body had been dragged through ;
besides, a pistol and a knife were foued.", "A pistol,"
said witness, in surprise, and Smith ariswarsel in the affirma-
tive. Witness then said, " Good God ! how cooldyon keep
it a secret ?" Smith added, that it would not reef cpw, sod
on witness asking where the pistol was, he s4id he supposed
the Magistrates bad got Hie that time.--The Coaottza
here remarked, hat Mr. Niaolhs having complained in a
letter adUresiii to him of the observations which he had
felt it his duty to make on his condaet in keeping the fact
of finding the pistol a secret, he desired it to be understood
that the present examination was to s!loiv, that those obser-
vations were fully justified.
The witness considered that Mr. Nicholls was extremely
culpable is not disclosing sooner the fact of his finding the
pistol. After he left Smith on the Tuesday, he met Nich ills,
who said to him, " this is likely to be a serious matter
that we were talking about on Sunday night ? and he add-
ed, that it seemed as if there had been a murder committed.
Witness lunched with l'rohert on the Tuesday, but nothing
was said of the suspicion created in witness's mind. He
knew of no pecuniary transactions between Probert and
Nicholls.
Some conversation now took place between the Magis-
trates, the Coroner, and Mr. Noel, the solicitor for
the prosecution, as to the course which it might be
expedient to take with respect to the confessions of
Hunt. _ .

The Coaorrsa said it was his duty to enq Ire into all the cir-
cumstances of the murder, and use every exertion in his power
to unravel the whole affair; he should. therefore, hive (lent
brought before him, and whatever he thought proper volou•a-
-rily to state, it was his duty to hear; but he would hold cot
no promise, nor would he give him any hope from any disclo-
sure he might chuse to make.—The prisoner Hunt was then
called in. His whiskers had been shaved off, and he came for-
ward apparently not much affected by his situation.
The Coannert then addressed him to the following effect :
" I have thought proper to send for you, Ilunt, to ask you
whether you choose to make any statement to the Inquest
which is now assembled ? 1 think it my duty, however, in the
first instance, to explain in what manner I shall receive what
you may think proper to say :—I shall not receive it as evi-
dence, nor shall I examine you on oath ; if you think it right
to say any thing, lam ready to hear you ; but from me you
are to anderste.nd that you have no sort of promise either of
reward or otherwise. I have nothing to db but to receive
your voluntary account of the horrible tranftetion, to which
our attention is now directed.—Hunt said he was ready to
repeat what he had already said.
Mr. Noel, the solicitor for the prosecation, now appearing
anxious that the prisoner should not act under a misfipprelien
sion, interposed, and said, that the confession made by Lim
before the Magistrates could not in any way interfere with the
proceeding in which they were engaged that day. The Ma-
gistrates would. in good faith, and at the proper time, submit
the eOntession he had made to theta to the consideration of the
Court, in order that it might operate in his favour. What lie
might now say in no way compromised the Magistrates, and
must come from himself on the terms stated by the Coroner.
Hunt—Thank you, gentlemen ; I am ready to answer any
question.—Coroner—l am now ready to hear any thing you
have to say touching the death of Win. Wesre.
Mr. Noel being still anxious that the prisoner should not be
led into any mistake, desired that lie might retire.
Having left the room, a conversaliou took place as to the
expediency of taking his statement, when the Coroner thought,
that with the caution he had received, his story might be fairly
heard, and he was hound to receive it.
Hunt being again recalled,
Mr. Noel addressed him thus:—" klinee you have been out
of the room, a discussion has taken place on the part of the
Magistrates to whom you made a confession under a pledge,
and they think it proper that you should understand their
pledge does not extend to any thing you may say here. They
will state your confession to the Under Secretary of State, wit
the circumstances under which it was taken, and it will no
doubt receive a fit consideration. You will now use your own
discretion, and either tell your story to the present Jury or
not, as you think proper."
The CORONER—We are willing to receive any statement yon
may give us, but we do not ask you to commit yourself in any
way whatever before this jury.
Hunt—l perfectly understand, end I shall tell the whole truth.
He thee gave the following statement in a cool, collected, and
precise wiener, occasionally sighing heavily as he paused for
, it to be written down.

HUNT'S CONFESSION.
In consequence of an indictment against John Thar-tell
and Thomas 'Thurtell, for defrauding the County Fire
Office of 1,900 and odd pounds, Thomas and John Thurtell
left the Cock Tavern, in the Haymarket, and took their
residence at a Mr. Teetell's (the Coach and Horses) in Con-
duit Street, Bond Street. I was invited to dine with them.
I called there on the Friday morning, when John Thur-
tell invited me to take a walk. l walked with him as I'm- as
High Street, Mary-le-bone. We stopped at a jeweller's
shop ; while we were looking there John Thurtell observed
a pair of pistols, which he said be would go and look at,
for be wanted to purchase some. They were marked
171. 6d. John Thurtell observed, he wanted them to kill
cats, and paid for them 11. ss. Front there we re-
turned to the Coach and Horses and dined. John Thortel I
asked me after dinner if I knew where I could get him a
gig. He gave me 11: 10s. for the gig, for which 1 paid
11. ss. Ile told me not not to say that the gig was going to
Hertford, but to Dartford. I returned wtih the gig to the
Coach and Horses about a quarter before five. John Thar-
tell immediately got in the gig, said he could not wait any
longer. as he had a gentleman to meet. After he was gone
Mr. Probert said to MC as John Thurtell has gone down to
the cottage, have you any objection to take a seat in my
Fig, as he (John Thurtell) is obliged to be out of the way,
in consequence of the warrants being out against him for
the conspiracy, most likely we should spend a pleasant
evening together. About six o'clock on Friday evening
Mr. Probert's gig was brought to the door of the Coach
and Horses. 1 took a seat in his gig ; we proceeded as far
as Oxford Street. Mr. Probert said we must take some-
thing home for sapper ; we stopped at a pork shop, where
got out and purchased a loin of pork. lVe proceeded from
there as far as a Mr. Harding's, a publican in the Edgware
Road, where we had a glass of brandy and water. From
there we proceeded as far as a Mr. Clarke's, another publi-
can, and had two more glasses of brandy and water ; from
there we proceeded to this house. We had three, bat from
what appears from the landlord (Mr. Field), we
bad five more glasses. We did not get oat of the gig

trsation finished, Mr. here. hlr. Probers observed to kir. Field that the
ke, but now 1 think it friend that was with him could sing a very excellent
s'robert was present the song; Mr. Field said be should be very happy to hear one.
particular ;be denied Mr. Probe:* wished me to sing a verse, but 1 declined.
is afterwards returned We Proceeded from this house about a quarter of a mile.
in as they walked along Mr. Probert stopped the gig and said to me. " Hunt, you;
and Probert said, ^1 get out and wait my return ;" 1 (lid so. About ball an
saw John Martell and hoar or more might'have elapsed when Mr. Probed te
-
. .