The Statesman.
London, England, 1823-11-24 00:00:00

.. .. ...... S ..r... )

MURDER OF Ma. W. WEARE:
HRIATIORD, SATURDAY, Nov. 22.--On FritlOY emir •
btr. Harmer, the Solicitor, arrived in this town, for t •
purpose of having an interview with Joseph Mont, prepara-
tory to undertakiog his defence, should he boplaced upon ,
his trial. Mr. Harmer. it is understood, came down at the
solicitation of Hunt's mother, to whom, we have brew In-
formed, a letter bad been dispatched. from motives of
humanity, by the Rev. Mr. Franklin, the chaplain of the
gaol, at the desire of the prisoner. In conseesence of the
lateness of the hour as which Mr. H. reached the tows, his
introduction did not take place till this morning at nine
o'clock, when be proceeded fo the gaol' and there saw the
Rev. Mr. Lloyd, elm received him pith great politeness.
and at once agreed to introduce him to his client. Hnet
was then brought down to the governor's office, and left
with Mr. Harmer for nearly three bours, daring which time
Mr. Harmer of course informed him correctly of the
situation in which be stood. At the end of this toterview.
Hunt was again conducted to his cell. and appeared a good
deal depressed. He was dressed in a shabby suit of black.
'with a iamb's wool shawl round his neck, sod was doubly
roned. In pursuance of the direction of the magistrates,
his whiskers are now permitted to grow, so that his appear-
ance may be, as much as possible, conformable with Lie
ordinary habits.
While Mr. Harmer was engaged with Hunt, Mr. Fenton
arrived at the gaol at half-past nine o'clock, to confer with
Thurtell fan the further instructions for his defence. He
was iruniedlately admitted by Mr. Wilson the gaoler. ant
remained with his client until past twelve o'clock. He
then waited the arrival of Mr. Clutterbuck. and Mr. Mason
of Watford, who were the two committing Magistrates of
the prisoners, •and who were expected to be present at the,
gaol in the course of the day, for the purpose of meeting
certain witnesses for the prosecution, who bad not had an
opportunity of identifying the prisoners.- At half-pat;
Melee M Clutterbuck and Mason reached the gaol, and •
were there met by the Rev. Mr. Lloyd, and Mr. Nrcholeon,, .
the 'Under Sheriff. They repaired to the Magistrate,
room, and remained for some time in. private cowrie..
While they were thus engaged, six witnesses who bad bete
directed to come down from London, arrived at the priscpw„
These were Mr. Prebatt. of the Bohlen Cross-yard, from
whom Hunt hired the gig for Muriell on the night of.-tha
murder; Kay, the hackney coachman, who drove Mr. Wears
from Lyon's Inn to Cumberland Street, New•road ; Slack,
the ironmonger, from whom Hunt is stated• to have
purehesed the spade; Cogswell, the ostler, who received
the gig and horse from Hunt on the night on which tk
body was removed from Probert's pond to the pond et
Elstree; a pawnbroker, who received some articles-td dress
in pledge ; and another person whose situation we are en-
able to ascertain. On these parties ringing at the •gael
bell. they were desired to wait, and were not permitted to
Come within the walls.
Mr. thinner and Mr. Fenton now entered into some
general conversation connected with the sitaatiots of their
respective clients; and while so employed they were eutn•
moned before the Magistrates. • •
On entering the room, Mr. Clutterbuck informed them
of the nature of the proceeding which the Magistrates Wet
in contemplation. 'He stated, th it it was their intention to
bring in the prisoners, and to read in their presence. and
in the presence of their solicitors, the evidence which heti
been taken against them since they bad been committed
for trial. This, perhaps, might be consideie l as an act.
of courtesy, as such a course was by no means indispen.
• sable. Mr. Clutterbuck then added, that they also pro.
t posed calling in the •witnesses singly, and affording them
t an opportunity of saying whether thy could identify the
persons of the prisoners as individuals whom they had
• previously seen.
• Against this conrse Mr. FRNTON, the Solicitor for John
Thortell, immediately and strongly protested. He did cot
mean, he said, to question the
_prior of the motives by
hie the 'Mat latratet creels irXiiiiitter; barn ''vas hie
duty. acting' for the interests of his client, to utge every
possible argument in his power to dissuade them from a
line of conduct which, in the present stage of the case, he
I could not but think unjust. A proper time would arrive
when the witnesses would have an opportunity of iden-
tifying the prisoners, if they had previously seen them;
but it was impossible not to foresee that if such a precedent
were admitted, it might lead to very mischievous come.
queues. For aught he knew, although be by no means
• memo to insinuate that such would be the case, half a
' dozen persons might now be introduced into the gaol, for
' express purpose of making themselves acquainted with the
' persons of the prisoners, so as to be subsequently enabled to
' swear to them in Court. He apprehended that, in point
of law, *after a defendant had been once fully committed
for trial,. the Magistrate had no right to introduce witnesses
to them, either with a view to farther examinations is
their presence, or for the purpose of identifying them. It
was obvious, in fact, that each .a conrse must be extremely
harassing to a prisoner, and calculated greatly to distrait
his attention teem those arrangements which natio he
nsceesary for his defence. If his notions, however, on the
, subject were incorrect, he was fortified with the opinion
, of Mr. t hilly, whom lie had consulted, and who decidedly •
agreed in the sentiments lie hail expressed ; *tiding,'* that
if the Magi trate! persisted in such a course, lie•wo;:of:.
, advise a sus ion to the Court of King's Bench, for a,
criminal information." Mr. Fenton then read the opipima
of Mr. CI i ty, as it was writhe) by that gentleman.
Mr. Harmer, who was present at this protest, melt _
part in the objection. In fact, as legal adviser for Hunt, he '
did not seem to think that the interests of his client could
be at ail compromised by any step which the magistrotese
in their discretion. might think proper to take, -with' a
, view to strengthen the evidence against Prbert
Martell. Mr. Harmer, very naturally, asiumed., that the
promise made by Hunt, to admit him as an evidencefor •
the Crow' „ previous to his disclosing where the .body of
the murdered miqwas deposited, .remained in .full terse;
and it appeaes that he intends acting on the impression' •
that thee promise is inviolable. He appe seed very Cll.
ing to bear any evidence which the Magistrates •io
their indulgence might permit to be real in his presence ;
bat Irecould say nothing either prover ebn.
Both. gontlecueo were thou requested to withdraw, 11.44
the magistrates again remained tor some time in close con-
ference. Mr. Fenton and Mr. Harmer having been once
more collect in, Mr. elatterback repeated the object whirls
himself and his coadjatort bad in viehiwinti'stiggested that
it could admit of no reasonable oppositioni; neverthelete, if '
Mr. 'Penton: thonght it would in any. Way prejudice his
client, whatever might be their feelin,sas to their right
on the subject, they would not act against ,his swishes.—
Mr. Fenton said, that he could in no respect depart from •
the opinion lie had. delivered. - The sitootion in which. his
client stood, called upon him to act- with. the. utteopt cite.
catimpectiou, mid to mil hi meg of every advantage Which'
the law aliowed. , . • .
Subsequent .to thie interview, Mr.. Chattel:Melee clerk
went to the witnesses, oho still remained outside of tho
gaol, and informed them their, presence was no. toupee-
wanted.--In cooseqtissce of this, they returned to' town is
the course ado evening. •
Mt. Harmer set off for Londort immediately, anxioes to
avail himself of the time which is affordatilim to arratios
the course which it may be considered prufflot br 10..,
a knit in aim eves; Of Hunt being placed, :with the other .
prisoners, on bia.tri4, Melon! to his goittiog the
however, it is upderstood Ibis hepivitn.ireteryiew with, ^.
Probert, under,* sanctio* of the Ace.. Ms. Lloyd. • AS,
seems that Probeitshod overtired .s..dbitireito hove Alr
met as bls attorney, sod hod writtee. to his wife for that
purpose, Thit siinitioo b Mrs. t *fronted the reprises, •
consinanicatios. and . foto ,ilelyettmels a gentleman_ it tar
nats".o 11040 of WiHiants'and ifswi4v,t,
it wos ststankt stofertjaik the, tosk..,, • Probert on.meigit
fipopft ingtestiAlpsto4 flisappoiatineat. that itis .444