Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-01-22
Frsm a London paper.

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There is case in England, and sno-
Their in Leland, in which person on an
sop,sl, mas been arrested for trisl, Sc
cad time for murder, after haYiGg been
once acquitted. Each Of the defendants
have p,ofi. ed Of an alternative admitted
in o 4 laws. and claimed right OF maE-
tanning their innocence by pablo combat
agaias; their appellants.
III c4.e ia England, was that OF A.
braran Thornton. Sho hsd been tried
for the mlr's1 Of Mary Ashford, and &C
uuitad by The Jury, thoagh the evidence
wa. strong against him. Thornton was
b,pssht before the Court Of Kings Bench,
on ths 18th Nnvemb'r, a. which time
Lord Ellsnbprough presided. The no.
velty oftie case attracted great crowd
cf SPECTATORS. The prisouer was placed
at the bar, and William Ashford the ap-
pellau., sad brother to the 'eceAsed, was
placed in front Of ms counsel. lie was
a slight maze iaI, aanat II years old -
Thornton WAS abrut FIVE ieet live inches
In height. very fat and robust.
Mr.Le Blanc, in the Crown Oifice,
then called upon the prisoner to attend
70 the record while il was read. The
prissrer bowed assent, aud AFR. lie
Blanc proceeded to read the instrument,
which commenced By stating that he, A.
braham Thornton, was appealcd for the
wilrul murder of May Ashford, late CT
Castle Bronwich on the 9th Of Mag, at
s in the morning. BY seizing her with
b,th bis hands, aud casting and throwing
her into pool Of water, whereby ne &C.
rasioned her death. La othe- respects
the record contained an exac. copy Of
the indictment on which the prisoner was
sried.--Mr. lie Blanc concluded by say
ing, are you guilty or not guilty Of the
said felony AMI murder whereof you
stand SO appealed"
The prisoner said not guilty: and |
an able to defend the same with my
body" 4 pair Of large yauntlets or
gloves wa, then handed to him by the
counsel, one of which he put on, and the
othe., in pursuance Of the old form, he
threw down for the appellant to take up.
It vas not taken up, but was kept in Gus
tody Of the officer o. the court. Mr..
C,,,ke. William ishro-d's counsel, was
asked bv the Court what he had to say.
He rephed that he was very considerably
SURPRISED thai the charge against the
p,isonsr. shnrl;i be put TO issse in this
w.v. The tr Vi nv battle is an obsolete
practicc, which has tong been out Of use
and Il would appear extraordinary in
deed, l. the person who has murdered
the lister. should, as tine laws exist in
these enlightened times, be allowed to
pr,ye his innocence by numbering tie
brother So. or az least an attemp to do
so. Lord El!enberough said. il was the
law Of England, and he could not call
IL murder.
Mr.. Clarke.--f may have used too
str,ng an expression. my loid, in saying
m.rleriug the brother; but. at all events,
It is 10 les ,han killing. apprehend
no sever, that the course to be taken is.
in 4 great measure discretionary and
i; will pe for the court 10 determine IN
der all the.e circumstances, whether they
will permit battle to be wsged in this
ease or not Il is not entirely with the
appellee to decide, what it viii be BIT to
do. The court will NJ doubt look to
the person Of the appellant, and seeing
that he is weak Of body, as it is evident,
aud he is by no means capable Of combat
ting in battle with the appellee, they
will, perhaps. not permit the issue to be
put upon the personal contest.
lie was asked BIZ the court, it he had
any authority to support that proposition
and after some discussion he was allow
ed 10 put in counte. plea. to be ready
with il on the Saturday succeeding.
II is understood that the only plea
which Mr. Clark can pot in on the part
ofthe appellant is, that he is incompetent
from his youth, and want of bodily
strength, fairly to meet the appellee in
b. lie. Upon this plea, an argument will
be founded SO ~ the pswer OF the court to
waive the right of battle, and direct a
p,w trial hy Jury. Upon the existence
of bis ri.;h,, . certling to the ancient
an u>rrpeaied laws Of England there Is
great doubt.