Star. — 1818-02-07 (London, England)

ABRAHAM THORNTON. APPEAL OF MURDER.  (IN CONTINUATION FROM FHB STAR OF YSSTERDAY.) Mr. CIIITTF, as Counsel for the Appellant proceeded....-The authority which I shall now cite to your Lordships is Bracion, lib. 3, cap. 18, plat. 136. This work was written in the reign of Henry 111. and the title of the chapter, among other things, contains, " How the prisoner should be brought into the presence of the Justices, and whether the Justices ought to make examination on Wager of Battle or Trial r and fol. 187, after stating how the party is to be taken, the following is laid- down;—" When a person thus taken is to be brought before the Justices, he is not to be biought up with his hands bound, though his legs may be fettered to prevent his escape ; and if, when brought up, and accused, he confess the crime, the judgment is manifest; but if he deay and defend the imputed crime, any person appeals him in lawful words of appeal, he shall have his election, whether he will pits himself on trial, or defend himself by his body." It then goes on to state, my Lord, that it is the duty of the Judges to. see that there is all proper care and caution in the waging of battle, even though the appellee should have neglected to do so for himself ; and to take care that there be no variance in the evidence ; for instance, that the ,appellant say one thing before the Coroner, and another before the Judges ; but when he is permitted to defend his plea by his body, it is " unless some violent presumption make against him, which does not admit of a proof to the contrary, by means of which he can deny or defend the death, or felony. As it may be, where a man is taken over the dead body with a boody knife ; her it would not be in his power to clear himself. . _ _  LorClELLENsonoucw—How can that be ? If a man were found with the knife in his hand over a body recently dead : if the fact were so, might he not prove that somebody put the knife into his hand, and commanded him to stand there, and that he was dbliged to do so ?  Mr. Cntvry.—But by the old law, my Lord, he would be hanged upon the proof of that fact. Mr. Justice Annovr.—Suppose a person found a man dying, with a dagger in his boily, and he took it out with a humane motive to save his life, and that while he was standing over the body the man died, and he was found in that position, surely he might prove his innocence. Mr. Career.--My Lord, this is certainly altered by Stamford. Mr. Justice Bsvmcv.--He would be bound to explain how he came in that situation ; but I apple bend be could not give that explanation by way of replication to a counter-plea, but he must do it upon AisAl -•-• • Mr. CHITTY then made the hallowing citations illustrative of the positions he had taken Likewise if a person'shall enter any house at night, and he might have been murdered, or if there hadbmn two or mere there, and they might not have raised a hue and cry, nor received a word from the robbers or others who committed the murder in endeavouring to defend themselves, be shall be allowed to deny the death." The Learned Counsel then proceeded to read extracts from Fleta up to the time of Edward I. and 11. cap. 1, p. 47, in which it was set forth, ‘, when such person shall have been taken, he shall not be brought in armour, and if there be any cause for the defence, it shall be in the power of the defendant to put himself upon trial and defend himself by his body, unless there shall be some violent presumption against him, which does not admit proot to the contrary." Lord ELLEKBOROUGIL•DOeS it not mention any instance where proof was shewn to the contrary ? Mr.