The Sun. — 1830-03-12 (London, England)

LUDLOW.—When he I did not hear him say so. nshoatll dsolatiet va,ll IWkintnoewss...abrTiuot tibt,e" beat he oy4; add,bWelef Well, l Mr. Serjeaut LuoLow contended, that before the confession made to Mr. Smith was reed, it was the duty of the Counsel for the prosecution to call the Rev. R. Clifton. To make the confession valid it was necessary it should he clearly made out to be voluntarily made. It was the duty of the Court to see that it was his spontaneous act, and. not brought about either by tonere or persuasion. If any person not in authority hail an interview with the prisoner previous to the note being read, he could not have asked to have had the party produced, but when the party was a visiting Magistrate, and was closeted with him alone, it was proper to show that nothing had passed to induce Clewes to think it would be better for him us make some communication. The second confession ought to be a continuation of the first. If the Coroner had told Clewes that his communication to Mr. Clifton would not be received as evidence against him, then he could contend against the admission of the second confession. Mr. Justice LirmsnaLz said as it was possible something might have passed between the prisoner and Mr. Clifton connected with the confession, he thought it would be but fair and proper on the prosecution to call OR Mr. Clifton to state what he knew, but it did not lay with him to compel them. Mr. Serjeant Rosszu, would call Mr. Clfton. Mr. Clifton being sworn, was examined by Mr. Serjeant RussELL—He is a county Magistrate. He signed the warrant for the committal of Clewes. He saw Clewes several times in gaol. He has a distinct recollection of seeing him thrice. No one was present at these interviews. Has had a correspondence with the Secretary of State en this subject. He thinks he told Clewes he would communicate with his Majesty's Government. He certainly told him he would use all his endeavour and influence to prevent any ill consequences from falling on him, if he would disclose what he knew respecting the Oddingley murders. This was before he had made any statement. Witness was a clergyman, and was particularly anxious to have the mystery cleared up. Re-examined—Witness went home immediately after making the promise, and wrote to the Secretary of State, to the effect that he thought he had been indiscreet in making the promise, and without stating the particulars of the confession ' • asked if the promise could be held good provided it turned out that the prisoner was not the man who struck the fatal blow ; witness had so qualified his promise to the prisoner. He received an answer from the Secretary of State, and instantly called on the prisoner and saw him the third time, and told him that he had utterly failed in obtainingany promise or hope forhim from Government—that the letter he then held in his hand he had that morning received from the Secretary of State, from which he then read a particular part which contained the reasons why Mr. Peel considered mercy could not be extended : one of the reasons was, that he might be the most guilty person now living of those concerned in the transaciton. The letter is not now in existence. He had not communicated to any body the particulars of what the prigoner had said to him. Witness told the prisoner that he might still consider the knowledge as locked up is his own breast, for that he (witness) considered himself in the double light of a Clergyman and a Magistrate, and should make no mention of what had been told to him. Witness had determined rather to submit to be committed by the Crown for contempt than disclose what had passed between the prisoner and himself. Witness told the prisoner that there was an end of hope in the strongest possible language, and more than ores. [The trial was proceeding when our account left Worcester, which was at about four o'clock.]