The Sun. — 1817-11-24 (London, England)

BLANC--" This is your counter-plea and affidavit, which you desire to have read."— The appellant-answered in the affirmative.  Mr. LE lit..ANc then read the. counter-plea, which was substantially as follows ‘c- Saturday next, after eight days of St. Martin, Itlichaelmas Term, in the 58th year of Geo. 111. A,hford v. Abraham Thornton. The appellant submits that the said Abraham Thornton  ;alight not to he admitted to wage battle with him— bucaose, he saith, that before and at the time of eotering his appeal, there were, and still are, the violent proofs following that the said Abraham Thornton was guilty of the murder whereof he is appealed " The counter-plea then detailed the circumstances which were given in e vidcnCe on the trial. That, on the 27th of May, in the 57th year ofGeo. King, &c. at the parish of Sutton Coldfield, in the county of Warwii:k, about the hour,of nine in the .morning, the body of Mary Ashford, in the appellant's count mentioned, was found dead in a pit of water. That the body Was taken out and exit. mined by different creditable witnesses in this behalf—and, from that examination, it was maul. fested that the said Mary Ashford had been recently alive, -and that she had come to her death by drowning, as in the said count was alledged. , • LSome circumstances were here stated respecting tie violation 'of tlie deceased, which are not fit - for publication.) The said William Ashford further saith, that the said Mary Ashford tvas seen in the parish of Ashton, walking alone in a direction towards Langley, which was then the place of her residence ; that there was a certain public-foot-path leading from Bell-lane to certain closes ; and that one of those closes, a short time before the 27th May, had been harrowed, which last.mentiotied close was near the pit where the body of the said Mary Ashford was found. On the morning of the 27th May there appeared, and were manifestly in the said harrowed field, the footsteps of • the said Mary Ashford and Abraham Thornton, the tame having been compared with the shoes worn ,! by the parties respectively: From these it appeared, that the said Mary Ashford had run and en..deavoured to escape from the said Abraham Thornton, and that he had pursued and had overtaken her in the said harrowed field, and it was then and there evident, from the marks of the said footsteps, that from the harrowed field, they had walked together in a direction leading towards the pit where the body was found, and also towards the spot where the. marks and impression of a lotMan figure appeared as aforesaid, within about forty yards of the said pit, w here the footsteps were lost and could not longer be traced, by reason of the hardness of the ground there. There also appeared in the said harrowed field the marks of ()duo- footsteps of the said Abraham . Thornton, tram which it was evident that he had recently run by bihnself from the harrowed field in a direction- leading from the pit, and no other marks or impressions of footsteps were found or, were visible. On the said 27th May there were visible awl manifest on certain grass growing on the side of the said pit, where the body was found, the mark and impression of a shoe for the left foot, and the said A. Thornton -on that morning wore shoes made to fit the right and left foot, as appeared on examination. The affidavit of William Ashford was then put in and read, swearing to the truth of the facts *Hedged in his counter-plea. Mr. READER being called on by the Court, oh. served he was quite sure their Lordibips would Dot expect an immediate answer to this counter-' plea. WhAt lie had now humbly to pray was, to be allowed time for making his answer. • Lord ELLENBoROUGH.—" What time do you ask ?"