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 PIERCE EGAN S 
 
 ACCOUNT 
 
 OF THE 
 
 TRIAL OF JOHN THURTELL 
 
 AND 
 
 WITH A APPENDIX, 
 
 DISCLOSING SOME EXTRAORDINARY FACTS, .EXCLUSIVELY 
 IN THE POSSESSION OF THE EDITOR. 
 
 WITH PORTRAITS, 
 
 AND MANY OTHER ILLUSTRATIVE ENGRAVINGS. 
 
 LONDON: 
 KNIGHT & LACEY. 
 
 PUBLISHERS, 
 24, PATERNOSTER-BOW, 
 
 1824.
 
 THE Proprietors of this Edition of the Trial, intended to have published 
 it with an Appendix, at the price of Three Shillings, or Three Shillings and 
 Sixpeace ; in consequence, however, of the extraordinary demand for it, 
 they have resolved to publish the Trial separate, at Two Shillings. And, in 
 a day or two, the Appendix will be ready, which will contain the CONDEMNED 
 SERMON, authentic Memoirs of THURTELL, HUNT, and PROBEKT, from the 
 pen of PIERCE EGAN ; interspersed with Anecdotes of many well known 
 Characters, disclosing some very extraordinary Facts never yet published. 
 Also an accurate Account of the demeanour of the Prisoners since Sentence 
 was passed, and every particular relating to the Execution. 
 
 CRANIOLOG1CAL APPEARANCES OF THURTELL'S HEAD. 
 
 SPECIAL PERMISSION having been given to the Editor of the MEDICAL 
 ADVISER to examine the body of Thurtell after the execution, a full account 
 of the PECULIAR CRANIOLOGICAL Appearances, with illustrative engravings, 
 will appear in the next Number, price THREE-PENCE only. 
 
 %* The Medical Adviser is published every Saturday morning, and may 
 be had of all Booksellers and Newsmen. 
 
 24, Paternoster Row, 
 Jan. 9, 1854.
 
 HERTFORD ASSIZES. 
 
 THURSDAY, DECEMBER 4, 1823. 
 
 A.T half-past 10 o'clock this morning, the Judges (Mr. Justice HolroyJ and 
 Mr. Justice Park) arrived in Hertford, from Lord Verulam's, where they 
 slept on the previous night, and were conducted and escorted by the high- 
 sheriff, &c., in the usual form, to the Court-house, where the commission 
 was opened : they afterwards repaired to church, to hear divine service, and 
 a sermon preached by the Rev. Mr. Lloyd ; and the court met again at 12 
 o'clock to proceed to business. 
 
 After the routine business of reading the proclamations, calling over the 
 roll of magistrates, constables, &c., was disposed of, the following gentlemen* 
 were sworn upon the grand jury. There was an unusually full attendance of 
 magistrates and grand jurors : 
 
 The Hon. Win. Lamb, of Hatfield. M. P., Samuel Smith, of Walton, Esq. 
 
 Foreman. Tho. Daniel, of Little Berkhamstead, Esq. 
 
 The Right Hon. Sir George Ousely, of Daniel Giles, of Standon, Esq, 
 
 Hartingfordbury, Bait. Adolphus Meetkerke, of Juliam, Esq. 
 
 Sir John S. Sebright, of Flamstead, Bart. Patrick Haddow, of Shenley, Esq. 
 
 Sir Culling Smith, of Essendon, Bart. Wm. Robt. Phillimore, of Aldenham, Esq.' 
 
 Sir George Duckett, of Cheshunt, Bart. Charles Edmond Rumbold, of Walton, Esq. 
 
 The Hon. Baron Dimsdale, of Essendon. William Wilshire, of Hitchin, Esq. 
 
 Henry Cowper, of Servin, Esq. John Currie, of Essendon, Esq. 
 
 William Baker, of Bayford, Esq. William Heygate, of North Mims.Esq. 
 
 Thomas Hope Ryde, of Ware, Esq. Thomas Nash Kemble, of North Mims, 
 Nicolson Calvert, of Hunston, Esq. Esq. and 
 
 Thomas Byron, of Bayford, Esq. Jacob Bosanquet, of Broxbour,n, Esq. 
 
 Mr. Justice Park then addressed the gentlemen of the grand jury. His 
 learned brother and himself were present among them at an unusual season 
 of the year, under a special commission of Oyer and Terminer, and of gene- 
 ral gaol delivery, to try such offences as had been committed in the county 
 since the assizes which were held in it during the last summer. In that ser- 
 vice they were employed in the most important function which could befal 
 them as members of civil society namely, the administration of criminal 
 Justice ; and the present numerous appearance of gentleman of their rank 
 and intelligence, and also of the other individuals whom he saw around him, 
 satisfied him that his Majesty's wisdom in issuing that commission would 
 not be frustrated ; for, frustrated it would be, if a time should ever come 
 when a commission of Oyer and Terminer was not attended by that iik 
 and dignity which he then had the happiness of beholding ; for '# would 
 lessen the dignity of the administration of justice in the eyes of tJe common 
 people of England ; and he was sure that they would feel th& nothing could 
 he more incumbent upon men in their station of life, tha^o sustain the ad- 
 ministration of justice in the estimation of their fellow-countrymen by their 
 attendance on such occasions. The calendar which was now before him con- 
 tained different offences, and there were a great number of criminals who 
 
 B
 
 Stood upon it committed for trial. What the result of that trial might be, it 
 was not for him now to judge ; but, notwithstanding the number of pri- 
 soners, and the variety of crimes of which they were accused, it was unneces- 
 sary for him to address any observations to them upon that subject ; for the 
 crimes for which they were committed were such, as they were unfortunately 
 employed upon in their magisterial capacities, weekly, and he was afraid he 
 might almost say daily. All the principles of law that were applicable to 
 such crimes were as well known to the gentlemen of the grand jury, as they 
 were to himself and his-learned brother; but if they had any doubt regard- 
 ing them, he trusted that it was needless for him to add, that any inquiries 
 they might think proper to make, they would find himself and his learned 
 brother, as far as lay in their power, ready and willing to answer. There 
 was, however, one case, on which he would take the liberty of making a few 
 observations, because he understood it had already made a considerable noise 
 in the world. He said understood; for of his own knowledge he could say 
 nothing, since, except by reading the depositions which had been transmit- 
 ted to him in this case, he knew nothing of it, having cautiously abstained 
 from reading the statements which had appeared in the public prints, ever 
 since he had reason to suppose that he should be appointed the judge to try 
 it. He could therefore say, that as far as this case was concerned, a more 
 impartial man could not be found in the King's dominions than himself. 
 Circumstances, however, made it necessary for him to offer to them certain 
 preliminary remarks. The language of rebuke was not pleasant to him 
 at was hostile to his feelings, and repugnant to his nature ; but in the admi- 
 nistration of justice, he was bound to pay no regard to his own wishes and 
 feelings, but to look at higher and more important public considerations. 
 These depositions, he understood (for he again repeated he knew nothing of 
 the fact himself,) had already appeared very copiously, and even with notes 
 and comments, in the public press. Now, it appeared to him, that the first 
 fault (and he had no doubt it was most unintentional, and in noticing it he 
 did not mean to wound the feelings of any individual) it appeared to him 
 that the first fault originated with the magistrates allowing any persons to 
 enter into their private apartments for the purpose of taking notes of their 
 proceedings. He held that there was a vast difference between the inquisi- 
 torial and judicial power of the magistrates: where the magistrate was acting 
 judicially, his conduct was as open to the inspection and judgment of the; 
 public as that of himself and his learned brothers on the bench ; to such 
 publicity he had no objection, for he could wish every thing he said as a 
 judge to be heard and fairly canvassed by the public. He knew he erred some- 
 times, because he was human, and nothing that was human could escape with- 
 out error. But when a magistrate was acting inquisitorially, when he was 
 taking an inquisition for blood, were those proceedings fit to be known and 
 published to the world ? He was bound to investigate and inquire ought his 
 inquiries and investigations to be conducted in a private or public manner ? 
 The statute law of the land prescribed the course to be pursued upon such an 
 occasion for more than 200 years. There was a statute of Philip and Mary, 
 which stated, that depositions before magistrates should be taken in writing, 
 in order that they might be transmitted to the judge's who were to try the 
 offence under the commission of oyer and termmer for the county. He ap- 
 pealed to the experience of every gentleman who heard him, (and he knevr 
 what his own experience as a judge had taught him,) whether the constant 
 <>aurse was not to transmit them to the judge, taking good care that the per- 
 son abused should not have an opportunity of seeing them. The prosecutor 
 or his soY/ntor might have access to them, but not the p*fty a ' 
 what woulu v, e the jronsequence if the latter had access to them ? ft hy, 
 that he would K^ W every thing which was to be produced in the evidence 
 against him an at^ntage which it was never intended should be extended 
 towards him. He must now add, that since he had come into court, an ad- 
 ditional argument had been suggested to him why the depositions should not
 
 be made public. They, as members of the grand jury, were sworn to keep 
 the king's counsel, their own counsel, and the counsel of their fellows. Now 
 this was an unnecessary caution if the deposition? were to be sent forth at 
 full length to the world. He had made these observations to them, because 
 he was peculiarly anxious to preserve the purity of justice, and because he 
 was convinced that the purity of justice could not be preserved if such prac- 
 tices as the press had recently adopted were allowed to continue. Highly as 
 he valued the liberty of the press, and sacred as he held it as a palladium of 
 liberty, he valued the trial by jury still higher, and considered it as a still 
 more sacred guardian of the public security, so long as it remained untainted 
 and incorrupt. But it was impossible that it should long continue incorrupt, 
 if the practice of publishing ex-parte statements of what occurred before ma- 
 gistrates, with notes and comments, were permitted to prevail. Such practice 
 could not fail to produce the most serious inconveniences ; for it might not 
 only be dangerous to the accuser (and he was sure that the gentlemen of the 
 grand jury would see that circumstances might occur rendering it full of 
 danger to the accuser, without his further specifying them,) but might be 
 also dangerous in the extreme to the accused. At any rate, the address 
 which he was at that moment delivering to them, convinced him that it was 
 most detrimental to those who were concerned in, the administration of cri- 
 minal justice ; for it compelled them to address even the gentlemen of the 
 grand jury with all the energy they possessed, in order to prevent them from 
 having any improper bias on their minds. That very circumstance, how- 
 ever, was convincing to him of the impropriety of the present practice. To 
 him it appeared to be more favourable to the accused than to any other 
 party ; for it gave him a benefit which the law never intended to give him, 
 namely, the knowledge of the evidence that was to be produced against him. 
 on his trial. Let it, however, be advantageous to one party and disadvan- 
 tageous to the other, or let it be disadvantageous to both, he was sure that 
 it could not be free from blame that such a practice was permitted to exist. 
 He had no difficulty in stating, in the presence of his learned brother, with 
 whom he had^not communicated on the subject, that it was the decided 
 opinion of the court of King's Bench, and indeed of every judge who had sat 
 for the last century in Westminster-hall, that to print evidence, with notes 
 and comments, which a priori was calculated to prejudice the administration 
 of criminal justice, was a high crime and misdemeanour, punishable, upon 
 conviction, by fine and imprisonment; and though those who had not read 
 deeply upon the subject, might perhaps attack him for this open statement 
 of his opinion, he was sure that he was not erring when he declared that 
 opinion to be the clear and positive law of the land. He was aware that the 
 conductors of the public press, in publishing these statements, were only 
 acting in subservience to the public will. There was an appetite for this 
 species of intelligence in the public mind, which he did not consider as at all 
 tending to its credit ; there was a pruriency for news among people of the 
 present day, just as voracious as there was among the Athenians of former 
 days. Still, with all their eagerness to learn the passing events of the hour, 
 he thought that there were few individuals who would undertake to defend 
 one thing which he was told had been done upon the present occasion he 
 meant the publication of the confession of one of the prisoners. Now, as it 
 could not be known whether that confession would be admitted as evidence, 
 until he had judged upon it, it was certainly most unadvisable, to use no 
 harsher term, to print it until he had decided whether it should be admitted 
 or not. Without entering further at present into the subject, he would 
 merely express a hope that the topics to which he had just alluded would 
 produce consideration in future amongst those who had thrown impediments 
 unintentionally, perhaps, in the course of the pure administration of public 
 justice. Indeed, he spoke less in blame of the' past, than in caution and ad- 
 monition for the future. With regard to the crime itself, he would now say a 
 few words. It was a charge, as against a person styling himself John Thurtell,
 
 another person styling himself John Hunt, and a third person styling himself 
 William Probert. The 'crime charged was murder an awful charge under 
 any circumstances, but in this case stated to have been accompanied by 
 several circumstances of peculiar atrocity. What the intention of the prose- 
 cutors was, whether to indict them all as principals in the first degree, ov 
 come of them only as principals in the second degree, or as accessories before 
 the fact, or as accessories after the fact, he could not tell; nor indeed was it 
 within his province to be informed. All he could tell them vras, that though 
 the form of stating the charge might be different, the result of it, supposing 
 it to be substantiated, would be the same as regarded the parties accused. 
 The principal in the first degree, he need hardly tell them, was the person 
 who actually committed the murder. The principal in the second degree 
 was a person under these circumstances : he might be aiding, counselling, 
 and abetting the murder, and yet, though he did not actually strike the blow, 
 he was equally guilty with the' party who did. He might even not be on the 
 spot, and yet be a principal in the second degree : for, though not on the spot, 
 he might be on the watch near it, to prevent any body from approaching to 
 prevent or detect the murder; and by such participation in it he became a 
 principal in the second degree. The accessory before the fact, was a person 
 who, though he was not on the spot, had yet, by counsel, participation, and 
 knowledge of the murder before it took place, made himself a party to it. 
 The accessory after the fact, was a person who, knowing the murder to have 
 been committed, received, harboured, and entertained the principal felon. 
 Under what description of charge, and with what distinctions, it might come 
 before them, he again repeated that he did not know ; but under whatever 
 form it came, he was sure that they would pay the closest attention to it, and 
 'decide according to the evidence which might be adduced. That evidence 
 would establish the commission of a dreadful act of murder by some person, 
 under circumstances of great atrocity. It was, like most other evidence in 
 cases of -murder, chiefly circumstantial. For what man, who committed an 
 atrocious crime, ever committed it in the face of day, or in the presence of 
 witnesses? It was in secret he committed it, removed from the observation 
 of the world, and enveloped in darkness, forgetting, however, that the alL- 
 seeing eye of Providence was upon him, " to whom all hearts are opened, 
 and from whom no secrets are hid." He was sure he need not tell gentlemen 
 of their rank and education, that circumstantial evidence was often more 
 satisfactory than positive proof sworn toby only one or two witnesses; and it 
 was so upon this account that it brought home the same result from differ- 
 ent ends, and that it was not likely that thirty or forty persons should agree 
 to invent facts which should all chime in with the links of evidence which 
 were to form the chain against the prisoner. He therefore thought they 
 would have no difficulty arising from this kind of evidence. There was one 
 circumstance which he had learned from the depositions, and which he 
 thought it requisite to bring under their notice. He understood that one 
 person had been placed in custody, and would be removed from it to give 
 evidence before them and the petty jury, under very peculiar circumstances 
 he meant Mrs. Probert. Now Mrs. Probert was the wife of one of the in- 
 dividuals accused ; and he must therefore tell them, that if the three prisoners 
 were jointly united in one indictment, that circumstance was sufficient to 
 prevent her from being called upon to give evidence against any one of them. 
 If there was only one indictment she could not be called, on the one hand, 
 to convict her husband, or, on the other, tp acquit him: for the law, from a 
 wise policy, did not permit a wife to give evidence either for or against her 
 husband. He had now nothing more to say to them ; he was afraid that he 
 had already detained them too long ; but if he had, he trusted that they 
 would pardon him for so doing, since his motive was to render their minds 
 asy in the discharge of their duty. He would merely add to what he had 
 already observed, that in investigating the charge they were not called upon 
 to try its truth or falsehood, (for that was the peculiar province of the petty
 
 j u ry>) k ut to examine whether there was sufficient ground for putting the 
 prisoners upon their trial. If they undertook to hear witnesses pro and con y 
 they would be assuming a power which the constitution did not give them, 
 and would be invading the duties of the petty jury. With these observations 
 lie should dismiss them to the business of the county. 
 
 The charge of the judge (with reference to Mrs. Probert,) as well as some 
 other circumstances which had occurred in the course of the day, altered the 
 intention of the prosecutors, and new indictments were immediately prepared 
 for the crown. 
 
 At two o'clock, Mr. Broderick entered the court, as of counsel for the pro- 
 secution, and applied for leave to admit Probert to go before the grand jury 
 for a particular purpose. He observed that he saw no other case in the calen- 
 dar against him, but one. 
 
 Mr. Justice Park said that the application was one of course, and there 
 was no necessity to say any thing more on the subject. 
 
 An order was then made that the gaoler should forthwith prepare Probert 
 to be brought before the grand jury, and he vras at half-past three o'clock 
 brought in"a post-chaise to the Town-hall, and sent into the grand jury-room. 
 iMrs. Probert is also in attendance. 
 
 The indictment now before the grand jury, and upon which, if found, trial 
 will follow to-morrow, embraces the cases of Thurtell and Hunt ; the former 
 is charged as the actual perpetrator of the murder, and Hunt as aiding and 
 abetting therein. 
 
 Thomas Thurtell, in the course of the day, applied to the Rev. Mr. Lloyd, 
 for permission to see his brother. The request was complied with,' and the 
 interview took place in the presence of Mr. Lloyd, Mr. Jay (who was with 
 his client at the time,) and two or three other gentlemen : they shook hands, 
 and John Thurtell, after some family questions, talked with an air of perfect 
 indifference upon ordinary topics. 
 
 When Mr. Wilson announced to Probert at the gaol that he was wanted ia 
 the Town-hall, he became greatly agitated, and asked for what purpose they 
 desired his attendance ? When his agitation subsided, Mr. Wilson informed 
 him; and he then rose into high spirits. When taken to the Town-hall, he 
 was sworn as one of the witnesses, his name put on the back of the bill, and 
 he was placed in a room in waiting with other witnesses. 
 
 At four o'clock Mrs. Probert was examined before the grand jury. She 
 had not seen her husband ; means were taken to keep them in separate 
 rooms. 
 
 Thomas Thurtell was in attendance as a witness. 
 
 Mr. Jay spent the entire day with John Thurtell. 
 
 The grand jury, after being in consideration of the evidence until half-past 
 eight o'clock, and after examining 22 witnesses, among whom were Mrs. 
 Probert and Probert, -who were examined (separately) for a considerable 
 time, returned at the judge's lodgings a true bill against John Thurtell for 
 the murder, and against Hunt as an accessory before the fact. 
 
 FRIDA F, December 5. 
 
 \At half-past seven o'clock, the doors were opened, and the greater part of 
 all the space in the court was filled immediately. It is needless to describe 
 the expression of eager curiosity which took and kept possession of all faces. 
 The boxes of the magistrates, and those set apart for the accommodation of 
 the gentry of the county, (among the latter class there might be present 
 about 20 ladies,) were filled last. At eight o'clock, the trumpet announced 
 the approach of the judge, and within a minute or two Mr. Justice Park
 
 6 
 
 took his seat. His Lordship directed that the prisoners should not be called 
 until the court was perfectly quiet. 
 
 The clanking of chains was immediately heard, and the stillest silence 
 prevailed, all eyes being. turned towards the dock. The prisoners appeared 
 and took their stations Hunt first, on the left-hand of the judge ; Probert 
 followed, and stood next to him, and Thurtell took the place ncxf to Probert. 
 The appearance of all three, as to exterior, was respectable. Hunt and Pro- 
 bert were in decent black, rather worn ; Thurtell in a blue coat, with fawn- 
 coloured trowsers, and a waistcoat nearly corresponding the whole in a style 
 rather elegant than otherwise. The general appearance of Hunt was un- 
 promising; a face of little expression with nearly a straight profile; stature of 
 middling height, with slender proportions. Probert is plump in the cheeks 
 and corpulent, clear but inexpressive eyes, surrounded by features the charac- 
 ter of which might be deemed sensual ; the hair, which seems to have been 
 black, thin, gray, and curling. The appearance of Thurtell was the most 
 genteel : his frame well kpittecl ; his countenance bold ; his hair of a good 
 auburn hue and combed backwards; projecting brows, ami a receding fore- 
 head, with an air of martial firmness, rather agreeable to the beholder. The 
 worst part of his face is his mouth, which has a very obstinate and rather 
 stupid expression. 
 
 The clerk of the court was preparing to read the indictments, 
 
 Mr. Andrews rose to address the court upon some preliminary objection, 
 the nature of which did not transpire in that part which was assigned to our 
 purposes. 
 
 Mr. Justice Park interrupted him by saying, " I know nothing of objec- 
 tions nor of jurymen, until after issue joined : and I know nothing either of 
 objections, or of the nature of ihe issue, until the prisoners shall have 
 pleaded." 
 
 Mr. Knapp, clerk of the arraigns. John Thurtell, hold up your hand. The 
 indictment charges you, John Thurtell, that you, not having the fear of God 
 before your eyes, but being instigated by the devil, did on the irth of October 
 last, in the parish of Aluenham, with a certain pistol, value 10s. in your 
 right hand, then and there held on the left side of the head of Wm. Weare, 
 ot the county of Middlesex, gentleman, wilfully strike and thrust, and make 
 one mortal fracture, of which the said William Weare then and there died. 
 (Mr Knapp read the other counts relating to Thurtell.) And the indictment 
 further char<:es, that you, Joseph Hunt, in the parish of St. George, Hanover- 
 square, in trie county of Middlesex, before the said murder, did stir up, 
 move, abet, and counsel, hire, and procure the said John Thurtell to commit 
 the said murder. How say you, John Thurtell, are you guilty or not guilty ? 
 Thurtell. Not guilty. 
 
 Mr. Knapp. How will you be tried? Thurtell. By God and my country. 
 
 Mr. Ki)npp. Joseph Hunt, how say you, are you guilty or not guilty? Hunt. 
 Not guilty, my Lord. 
 
 Mr. Knapp. How will you be tried? Hunt. By my God and my country. 
 
 Mr. Knapp. You John Thurtell, you Joseph Hunt, and you William Pro- 
 bert, are charged under the Coroner's inquisition, that you, John Thurtell, 
 did murder William Weare; and you, Joseph Hunt and William Probert, as 
 accessories before the fact. How say you, John Thurtell, are you guilty or 
 not guilty on the inquisition ? Thurtell. Not guilty. 
 
 Mr. Kntipp. How say you, Joseph Hunt? Hunt. Not guilty. 
 
 Mr. Knapp. How say you, William Probert; are you guilty or not guilty ? 
 Probert. Not guilty, my Lord. 
 
 Clerk. How wilf you be tried ? Probert. By God and my country. 
 
 Mr. Andrews, in behalf of the prisoner Thurtell, said he had to apply to the 
 Court, that certain affidavits, then prepared, might be sworn. 
 
 Mr. Jay, Mr. Fenton, and another gentleman then came forward with a 
 bulky paper, and being asked by the Clerk of the Arraigns the usual questions 
 as to their signatures, swore to the contents of the affidavits.
 
 Mr. Harmer handed an affidavit to the officer of the court, which was sworn 
 to by Hunt. 
 
 The affidavit of the solicitors was then put in. The crier of the court read 
 it over to himself, marking if; on the several pages, agreeably to a new regula- 
 tion of the court, by which the officer is to be prepared with a precise know- 
 ledge of such instruments, so as to he enabled to identify them when they 
 may be called in question. 
 
 This ceremony being over, the deponents were sworn to it. 
 
 The clerk of^the court then proceeded to read it, and having read as far as 
 that part of it which refers to the widely-spread circulation of The Times, and 
 corresponding influence of such publication upon the public mind, 
 
 Mr. Justice Park directed him to stop. He knew nothing of the matter 
 in these alleged publications. However the fact might be, he could say con- 
 scientiously, that there was one person in court who had not read one word 
 of the alleged descriptions or animadversions. Some among the jury might 
 also remain ignorant of them. Such calumnies, if calumnies" they were, 
 might have been circulated even to the extent stated in the affidavit. But 
 supposing the fact to be so, and that the court, concurring in these repre- 
 sentations to consent to the postponement of the trial, would not that have 
 the effect of injuring the very cause /or the support of which the affidavit was 
 framed ? He did not intend to urge the subject beyond what he had now 
 said ; but left it entirely, after this one observation, to the excellent good 
 sense and professional accuracy of Mr. Andrews and his learned colleagues, 
 to say whether they would persist in their demand. While the remainder of 
 the affidavit was reading, there would be time for them to consult. 
 
 Mr. Andrews, expressing the pro roundest respect for the advice of the court, 
 had to inform his Lordship, that himselfand his learned friends had repeatedly 
 deliberated upon the step now taken, and after giving the gravest considera- 
 tion to the subject, they could give no other answer to his Lordship's kind 
 suggestion, but respectfully 10 require that the affidavits should be read. 
 
 Mr. Justice Park. That is quite enough; I have not another word to say, 
 let the consequences fall as they may. 
 
 The clerk resumed the reading of the affidavit, and having come to that 
 part of it which went to specify the play-bills of the Surrey theatre, some of 
 the bills were produced. 
 
 Mr. Justice Park asked if the bills were exhibited at the time of swearing 
 to the depositions. 
 
 The answer was in the negative, but that the deponents had them in hand 
 at the time of swearing. 
 
 Mr. Justice Park said that that was not sufficient for the purpose. The 
 deponents must swear to the papers. 
 
 The deponents were again sworn accordingly. 
 
 Mr. Justice Park directed that the prisoners should have seats, and be sup- 
 plied with pen, ink, and paper. 
 
 Thurtell made the busiest use of the latter privilege, and occasionally 
 stooped down to select from a considerable heap of newspapers which lay 
 before him. 
 
 The following affidavit, prepared by the legal advisers of Thurtell was 
 read: 
 
 HERTFORD ASSIZES, \ 
 December, 1623. J 
 
 THE KING AGAINST JOHN THURTELJ.. 
 
 John Allen Adamthwaite, of Dalstcn, in the county of Middlesex, gepdeman, and 
 George Jay, of the city of Norwich, gentleman, and Francis Tarrant F*nton, of Austui 
 Friars, in the city of London, gentleman, and John Helme, of Auscip Friars, clerk to the 
 said Francis Tarrant Fenton, severally make oath and say, and first this deponent 
 Francis Tarrant Fenton, for himself saith, that he, this deponent, on Thursday the 13th 
 day of November last, waited en Mr. Nicholson, the under-iherift', who returns the j ury
 
 for the county of Hertford, for the purpose of giving an undertaking to the said under, 
 sheriff to put in bail for a gentleman who had been arrested on an attachment of pri- 
 vilege it the suit of Andrew Vansandom for 40/. ; this deponent saith, that he at tbe 
 same time offered the undertaking of the said George Jjy, of Norwich, who is a most 
 respectable attorney and solicitor, and possessed of good property, and whs hath beet* 
 instructed by the friends of the said John Thurtell, with his concurrence, to defend the 
 prosecution pending against him for. murder; or, if necessary, that he, this deponent, 
 and the said George Jay, would exacute a bail-bond for the aforesaid gentleman ; but 
 the said Mr. Nicholson told this deponent that he knew very little of this deponent, and 
 rothing of the said George Jay, except that he was concerned for John Thurtell, the 
 murderer, and that he considered that circumstance of itself sufficient ground to decline 
 to accept his responsibility, or words to that effect. And this deponent further saith, that 
 he, this deponent, remonstrated with the said Mr. Nicholson on the impropriety of a pro- 
 fessional man speaking in such terms of another professional mm for acting in a defence 
 which, after he had been called upon to undertake, he, this deponent, considered hint 
 bound to undertake ; and that he, the said George Jay, was employed by the friends of 
 the said John Thurtell, and not by Thurtell himself ; but the said Mr. Nicholson said 
 that he thought even Thurtell's own father ought not to interfere in such a case, but 
 leave John Thurtell to his fate, or words to that effect. And this deponent saith, that 
 he further remonstrated with the said Nicholson on the impropriety of a professional 
 man calling a prisoner a murderer until he had been proved so according to the laws of 
 his country, and before a proper tribunal ; upon which the said Mr. Nicholson said, that 
 he was so satisfied of the guilt of John Thurrell and his companions, that he should not 
 complain if they were hanged without trial, or words to that effect. And this deponent 
 Kaith, that he hath lately been much at Hertford, and has had a deal of conversation 
 with individuals residing there, and of the rank or class of people out of which common 
 juries are generally elected, who all expressed themselves so satisfied of the guilt of John 
 Thurtell and his companions, that this deponent is quite sure it will be totally impossible 
 for the said prisoners to have a fair and impartial trial in the county of Hertford, afora- 
 eaid, at these assizes ; and this deponent saith, that he, this deponent, did, in company 
 with the said George Jay, apply on the 13th day of November to the Rev. Mr. Lloyd, 
 one of the visiting magistrates, at Hertford gaol, for the purpose of seeing and consulting- 
 with the said John Thurtell as his professional adviser, in company with the said George 
 Jay ; but the said Mr. Lloyd informed this deponent, that in consequence of an order 
 lately made by a numerous bench of magistrates, he could admit only one professional 
 adviser, and that John Thurtell had informed him that he should prefer to see Mr. Jay ; 
 and on consultation between the said George Jay and this deponent, it was judged proper 
 that the said George Jay, boing known to the prisoner, which this deponent was not, 
 (he, this deponent, never having seen the said John Thurtell,) was the proper person to 
 flail him as his professional adviser in that instance ; and this deponent and the said 
 George Jay asked the said Mr. Lloyd whether, after the said George Jay had seen the 
 said John Thurtell, and had taken his preliminary instructions for the defence, and had 
 informed him, the said John Thurtell, that this deponent had his the said George Jay's 
 confidence, and that he, the said John Thurtell, might confide in this deponent, he, this 
 deponent, would afterwards be allowed to see the said John Thurtell alone ? when the 
 said Mr. Lloyd informed this deponent and the said George Jay, that after either the 
 said George Jay or this deponent had once seen the said John Thurtell, the other would 
 never be permitted to see him till the day of trial ; and this deponent saith, that from 
 the great distance at which the said George Jay resides from London, being 1 19 miles, or 
 thereabouts, it was essentially necessary that he, this deponent, should have free and 
 uninterrupted access to the said John Thurtell, for the purpose of preparing his defence. 
 And this deponent saith, that on Saturday, the 15th day of November last, this deponent 
 applied to the bench of magistrates, then sitting at Hertford, apparently about twelve in 
 number, to be admitted to the said John Thurtell as his professional adviser ; but he wax 
 then informed by the said Mr. Lloyd, on the behalf of the magistrates then assembled, in 
 their presence, and with their concurrence, that they icfused to grant such acce**> a d 
 declined stating their reasons ; and this deponent saith, that on Wednesday, tie 19th day. 
 of November la^ he, this deponent, applied to hU Majesty's Court of King's Bench, 
 for a wwnrfuroiu, commanding the said magistrates to admit this deponent to the said 
 John Thurtell as In.-, professional adviser, which the said court granted, and this deponent 
 eaw the said John Thuttell for the first time on Thursday, the 20th day of November 
 last ; and this deponent saith, that on Saturday, the 22d day of November last, Robert 
 Clutterbuck, Esq. and Mason, Esq. two magistrates of this county, came to the
 
 gaol at Hertford aforesaid, with a witness whom the said magistrates informed thia 
 deponent they intended to introduce to the said John Thurtell, for the purpose of reading 
 over his depositions to the said prisoner, in his, the said witness's presence ; and they at 
 the same time informtd this deponent, that the same must be considered as an indulgence 
 to the said prisoner, insomuch as he might not he taken by surprise by the evidence of 
 the said witness on the trial, hut this deponent declined to accept such hidulgenca ; and 
 this deponent saith he hath been informed, and believes, that on Friday, the 23th day of 
 November last, the said last-named magistrates again came to the said gaol, and, in the 
 absence of this deponent, introduced the said witness to the said prisoner, for the 
 purpose of identifying him. And this deponent saith, that from these and other inter- 
 ruptions, the mind of the said prisoner became so disturbed and discomposed, as 
 materially to impede this deponent in preparing his defence. And further, a difficulty 
 was also, by the introduction of a fresh witness, at that late period, thrown upon this 
 deponent, in knowing what case on the part of the prosecution he should be called upon 
 to meet. And this deponent further saith, he hath perused a certain daily newspaper or 
 journal called The Times, published on the 1st day of November last, which journal or 
 newspaper contains a long relation of the circumstances of the murder of the late 
 Mr. Weare, and amongst other things a confession or statement mentioned to have been 
 made by Joseph Hunt, also indicted, as this deponent believes, for the said murder, befora 
 the magistrates who examined him touching the said murder, in which confession or state- 
 ment the said John Thurtell is represented to have informed the said Joseph Hunt, 
 that he the said John Thurtell had murdered the said Mr. Weare ; and this deponent 
 faith, that in the said confession or statement, the following dialogue or conversation is 
 stated to have taken place between the said John Thurtell and William Probert, on 
 their arrival at Probert's cottage, on the evening when the said murder is supposed to 
 have been committed, that is to say, " I (meaning, as this deponent believes, the said 
 
 John Thurtell) have settled that b who robbed me of 300/." Probert said, " Who 
 
 d'ye mean ? What d'ye mean ?" "Why," sjid John Thurtell, "I mean to say, I 
 hare blown his brains out, and he lays behind a hedge in the lane." " Nonsense, 
 nonsense," said Probert, " you have never been guilty of a thing of that kind, John 
 Thurtell ; if you have, and near my cottage, my character and my family are mined 
 for ever; but I can't believe that you hove been guilty of so rash an act. Here, Hunt, 
 (to examinant, meaning the said Joseph Hunt, he being then under examination before 
 the said magistrates,) take in the loin of pork, and desire the cook to dress it imme- 
 diately." " I (meaning the said Joseph Hunt) went into the kitchen and waited until 
 Probert came in, which, to the best of my knowledge, was after a lapse of five minutes. 
 Before we went into the parlour, I said to John Thurtell, (meaning the said John Thur- 
 tell mentioned in the above-mentioned indictment,) you are jesting about killing a man 
 to-night." " Ah, but I have," was his (meaning the said John Thurtell's) reply, " and 
 no one else but Weare, who robbed me of my 300Z." And this deponent saith, that he 
 hath also respectively perused the journals or newspapers, called The Times and The 
 Morning Chronicle, published on the 3d of November last, each of which relates or sets 
 forth the proceedings and depositions of witnesses on the Coroner's Inquest, held on the 
 body of the said Mr. Weare, containing amongst other things a statement, entitled 
 " Hunt's Confession," in which the said John Thurtell is represented to have told the 
 said Joseph Hunt, that he the said John Thurtell had murdered the said Mr. Weare ; 
 and also a statement by William Proberf, who is also indicted for the said murder, in 
 which last-mentioned statement is related the following conversation or dialogue, said by 
 the said William Probert to have passed between him, the said William Probert, and 
 John Thurtell : " About 9 o'clock, we (meaning the said William Probert and Joseph 
 Hunt) left here, (meaning the Artichoke public- house, in or near the village of Elstree,) 
 and went to near Mr. Phillimore's lodge ; Hunt said, I must wait here for John Thur- 
 cell, and you may go on." I (meaning the said William Probert) got within a hundred 
 yards of my house, and then 1 met John Thurtell. He (meaning the said John Thur- 
 tell) said, * Where is Hunt ?" I (meaning the said William Probert) said, " I have left 
 him on the road waiting for you." He (meaning the said John Thurtell) said, " You 
 must drive hack then and fetch him, for I have killed my friend and don't want hitf", 
 And this deponent saith he believes that the said William Probert, in representing such 
 his statement or confession, that the said John Thurtell had used the word* " I have 
 killed my friend," meant it to be understood that he, the said John Tnurtell, had 
 informed him, the said William Probert, that he the said John Thurtell had killed the 
 said Mr. Weare. And this deponent saith he hath perused the said newspaper ot 
 Journal called The Times, published on the 4th of November last, in which is set forth a 
 
 C
 
 further statement or confession made by the said Joseph Hunt, containing nmongst other 
 atements tending to show that the said John Thurtell murdered the said Mr. Weare, 
 the following passage : " I (meaning the said Joseph Hunt) forgot to tell you some- 
 thing. On the return of Thurtell (meaning the said John Thurtell) after the body was 
 removed from the lane and sunk in Probert's pond, Thurtell produced the reader, (flash 
 for note-case,) out of which he took three five pound notes, and also a purse, from which 
 he took four sovereigns ; he gave Probert and myself (meaning the said Joseph Hunt) 
 six pounds each, as our share of the property found. He then burnt the note-case and 
 the purse ; he also burnt a betting-book, a red one. At the request of John Thurtell, I 
 purchased in Hind-street, Bloomsbury, a sack and some cord, which went down in Thur- 
 tell's chaise. Further, Jokn Thurtell told me, when describing the manner in which h 
 had tackled with Mr. Weare, that at one time he had nearly mastered him and got 
 above him, upon which he (meaning the said John Thurtell) took out his knife and cut 
 his throat, the blood of Mr. Weare in consequence came in his face and into his mouth 
 in such quantities that he was nearly choked ; it was in consequence of this trut he 
 was seized with sickness at supper, and could not eat any pork ; after he had cut 
 Mr. Weare's throat the unfortunate gentleman's strength failed, and he threw him off; 
 he then took his own shawl, and wrapped it round the neck of the corpse, to prevent 
 the effusion of blood." And this deponent saith, that The Morning Chronicle of the oth 
 of November contains the following passage (amongst other things) " The Murder of 
 Mr. W. Weare. Further and latest Particulars." " On his (meaning the said William 
 Probert's) arrival there (meaning his, Probert's cottage) he saw John Thurtell, to whom 
 he mentioned that he had left Hunt waiting for him, on which Thurtell said, " Oh, I 
 have done the trick without him ;" meaning, as this deponent believes, that he, the said 
 John Thurtell, told Probert that he had murdered the said William Weare without 
 Hunt's assistance, and in the said last-mentioned number of The Morning Chronicle i 
 the following passage: " It would seem from inquiry on the spot, that John Thurtell 
 drove Weare past Probert's cottage, down Gill's-hill lane, as he was seen in a turning in the 
 lane at 8 o'clock by a man who noticed the distressed state of his horse. Thurtell had then 
 got out of the gig, and seemed to be feeling in the breast of his great coat for some- 
 thing (now supposed to be the pistol) ; and it is believed, but for the interruption he 
 received, he would have effected his purpose on this spot. Finding himself disturbed 
 here, however, he drove on down the lane till he arrlvea *i the place where the dreadful 
 tragedy took place. This was about 8 o'clock, as Freeman and his wife, who heard the 
 report of the pistol, followed by the groans, and the man who met the parties, both agree. 
 The scene of action was nearly half a mile from Probert's house, and after the murder 
 was accomplished, the victim was drawn through the hedge into a turnip-field, where the 
 body remained till it was subsequently removed to the pond in the garden. The hushes 
 in the hedge, the maple-tree close to the spot, and the fence, all bore marks of blood, 
 which have been since cut off by the curious visiters. The lane in which the deed was 
 done would not admit of two gigs to pass, and has a singularly wild and romantic appear- 
 ance, being overshadowed with trees. Men are now engaged in widening it, and the 
 place through which the body was taken has assumed quite a different appearance. After 
 Thurtell had committed the murder, he must have gone to the end of the lane before 
 he turned his horse. This was not more than a distance of 200 or 300 yards." And 
 this deponent saith, he hath perused the said newspaper called The Times, which was 
 published on the 5th of Nozember last, and hath extracted the following passage from an 
 an article therein, headed, The Murder of Mr. Weare." " It would appear from 
 what has been stated by one of the prisoners (Hunt) that a desperate struggle took place 
 between John Thurtell and Weare before the latter was completely overpowered. Hunt 
 says that John Thurtell shot Weare whilst he was sitting by his side in the chaise. 
 Thurtell had intended to blow out the brains of his victim, but the ball struck upon 
 Weare's cheek-bone and stunned him, upon which the assassin threw him out of the 
 chaise ; when Weare fell upon the ground, he recovered in some degree from the effects 
 of the shot, and got up and ran a few yards. Thurtell then jumped out of the gig, ran 
 up to Weare, and drove the barrel of the pistol into his head. Weare closed upon his 
 assailant, and, to use Hunt's words, ' a sharp scuffle took place, and \Veare was near 
 E^'ng the belter of him once or twice, until being at length exhausted, Tnurtell suc- 
 ceeded i n cutt i n g his throat with his penknife.' Hunt was asked how*e knew all this, 
 He answer,.^ Why Jack (meaning the said John Thurtell as Ms deponent believes) 
 told me him^if.' ^nj t hi s deponent saith, he hath partly perused the said journal, 
 called The Times, jmhlished on the 6th of last November, which contains an article under 
 th title, Murder of Mr. Weare," from which the following is an extract : Hunt
 
 11 
 
 is squally earnest in his asseveration of innocence of the crime, and, together with Pro- 
 bert, denies any knowledge of the dreadful occurrence until apprised of the murder by 
 Thurtell himself, when (as has been already stated; he solicited permission to conceal the 
 dead body in the pond of the cottage." And this deponent saith, he hath partly perused 
 the said journal called The Times, which was published on the 7th day of November last, 
 in which is an article headed " The Murderers of Mr. Weare," giving an account 
 amongst other things, of further evidence adduced against the said John Thurtell, and 
 evidently holding out to the public that the said John Thurtell is one of the murderers 
 of the said Mr. Weare. And this deponent saith he hath perused the said journal 
 called The Times, published on the 8th day of November last, wherein he read an article 
 headed " Murder of Mr. Weare," from which the following is an. extract: It is 
 alleged that on Sunday, when he (meaning Noyes, one of the witnesses for the prose- 
 cution,) went down to Probert's cottage after the murder, he was informed by the mur- 
 derers (meaning, as this deponent believes, the said John Thurtell, Joseph Hunt, and 
 William Probert) that they had done the deed." And this deponent saith, he hath read 
 in part the said journal called The Times, published on the 10th day of November last, in 
 which is an article headed " Murder of Mr. Weare," containing a statement said to 
 have been made by Mrs. Probert, in which she says, that * she saw Hunt and John Thur- 
 tell enter the garden from Gill's-hill-lane. Hunt had a light in one hand, and with the 
 other was assisting Thurtell in dragging along some heavy substance ; that she could not 
 see what it was, but it was something very heavy, and was enveloped in a sack ;" and 
 also containing a statement made by the said Thomas Noye?, as follows : " That in a 
 conversation \vith his (the said Thomas Noyes's) sister, Mrs. Proberr, she told him, the 
 said Thomas Noyes, that she saw Hunt, Thurtell, and her husband dragging the body of a 
 person across the grounds, and that Mr. Probert and Thurtell were the persons who had 
 hold of the corpse, and that Hunt only held the candle ;" and also containing the 
 examination of Charles Tetsall before certain magistrates of Hertfordshire, which said 
 Charles Tetsall is, as this deponent is informed and believes, bound over to appear as a 
 witness for the prosecution against the said John Thurtell on his trial at the approaching 
 assizes for the county of Hertford for the murder of the said Mr. Weare ; and this 
 deponent saith he hath perused the said journal called The Times, published on the llth 
 day of November last, in which is an article headed " Murder of Mr. Weare," under 
 which is given a statement purporting to be " An Outline of the London Life of John 
 Thurtell ;" and this deponent believes it is intended thereby to connect the said John 
 Thurtell as the murderer oi the said Mr. Weare ; and this deponent saith he hath 
 partly read the said journal called The Times, published on the 12th day of November 
 last, in which is an article headed u Murder of Mr. Weare," from which the following 
 is an extiact : " Now, as the supposition is that Hunt and Thurtell, while sitting up on 
 that night, burnt the clothes which they had previously cut from the body of the mur- 
 dered man, (meaning, as this deponent believes, the said William Weare,) it is not 
 impossible but the ashes might disclose some fragments of bone or metal buttons, which 
 would establish the supposition already entertained." And this deponent saith, he hath 
 read the said journal called The Times, published on the 13th day of November last, in 
 which is an article headed " Murder of Mr. Weare," and commencing as follows : 
 *' The situation of Thurtell, Hunt, and Probert, in Hertford gaol, continues under the 
 same rigorous surveillance and restraint. Two prisoners remain in the room of each, 
 to act, not as attendant?, but extra guards ; and owing to some improbable notion that a 
 rescue was intended, additional watchmen have been provided within and without the 
 walls of the prison. The precautions display the laudable desire of the magistrates to 
 secure the guilty culprits." And this deponent saith he hath read partly the said journal 
 called The Times, published on the 14th day of November last, in which is an article 
 headed " Gambling-house Murderers." " Two prisoners remain in the room of each, 
 to act, not as attendants, but extra guards ; and owing to some improbable notion that a 
 rescue was intended, additional watchmen have been provided within and without the 
 walls of the prison. The precautions^splay the laudable desire of the magistrates to 
 secure the guilty culprits ;" evidently giving it to be understood that Thurtell, Hunt, and 
 Probert are the gambling- house murderers of the said William Weare. And this de- 
 ponent saith he hath in part perused The Mcmiing Chronicle of the 6th of last Novem- 
 ber, in which is an article headed " Murder of Mr. W. Weare," from which he has 
 extracted the following passage : It is not a littl* singular that on the day on which 
 Thurtell and Hunt perpetrated the murder of the unfortunate Mr. Weare, the father 
 of the former had been re-elected mayor of Norwich." And this deponent saith, he 
 hath in part perused The Morning Chronicle of the 7th day of November last, in which
 
 12 
 
 is an article headed " The Murder of Mr. W. Wtare," from which the following is an 
 extract : " Indeed suspicions exist that the murderers, (meining, as this deponent 
 believes, the said John Thurtell, Joseph Hunt, and William Probert) tfter the deed had 
 been committed, waited until the family had retired to rest, and then brought the body to 
 Probert's house, when the cermony of stripping took place." And this deponent saith, 
 ke hath in part perused the said journal called The Morning Chronicle, of the 8th day of 
 November last, in which is an article headed " The Murder of W. Weare, Esq." con- 
 taining the examination of Mr. Tetsall, who is, as this deponent is informed and believes, 
 a witness on the part of this prosecution ; and the said last-mentioned newspaper also 
 contains three plates, representing the facts of the said supposed murder of W. Weare, as 
 the same were detailed by the several witnesses before the coroner, at the inquest on the 
 body of the said Wm. Weare. And this deponent saith, that the first of such plates 
 is headed " Plate 1. Probert's Cottage and Garden," and represents Probert r 
 ottage and garden, in which are the figures of three persons, intended, as this depo- 
 nent believes, to represent the said John Thurtell, Joseph Hunt, and Wm. Probert, 
 two of whom are, as this deponent believes, in the act of dragging the body of the said 
 Wm. Wesre from one part of a certain pond, represented in such plate, to the other 
 part thereof, whilst the other of the said prisoners is represented to be at a short dis- 
 tance from the other two with his hand on a ipade, mentioned, in the confession of the 
 said Joseph Hunt before alluded to, to have been taken down to Probert's cottage by the 
 said John Thurtell, for the purpose of burying the ssid William Weare; and this depo- 
 nent saith, that the second of such plates is entitled, " Plate 2 The scene of the 
 murder in Gill's- hill-lane," in which a person, intended, as this deponent believes, to 
 mean the said John Thurtell, is represented as dragging the body of a dead man, intended,, 
 as this deponent believes, to represent the said William Weare, through the hedge,- 
 whilst the horse and gig, intended, as this deponent believes, to represent the horse and 
 gig mentioned in the evidence before the coroner to be the same in which the said John 
 Thurtell left London, and represented to be standing in the said lane, called Gill'.s-hill- 
 lane, close by the person intended to represent the said John Thurtell ; and this depo- 
 nent, John Helme, for himself saith, that he hath perused the Morning Chronicle pub- 
 lished on the 10th of November last, in which there is an anecdote represented as being 
 related by the said John Thurtell, of himself, in these words (that is to say) " He 
 (meaning the said Thurtell) was with the English at the storming of St. Sebastian, and 
 when they entered the town, he (meaning the said John Thurtell) saw a Polish officer 
 in the French service leaning against the wall, seemingly done up with wounds and hard 
 work. 1 (meaning the said John Thurtell) thought by the look of him, he continued,, 
 that he was z Nob, and must have some blunt about him, so I just tucked up my sword 
 in his ribs and settled him, and found a hundred and forty doubloons in the pocket a. 
 good booty was'nt it Joe ? turning to Hunt, who assented with a loud laugh, and 
 another fag-end of a song;" the relation of which said anecdote is, in this deponent's 
 judgment, calculated to create a prejudice against the said John Thurtell, and to induce 
 the reader to indulge an idea of the capability of the said John Thurtell of committing 
 murder. And this deponent saith, that he hath perused the Morning Chronicle, pub- 
 lished on the 1 Ith day of November last, in which there is the paragraph, entitled " The 
 murder of W. Weare, Esq." and in which said paragraph it is stated, that " A curious 
 scene was exhibited in Manchester-buildings on Saturday last, in consequence of Johnson 
 the messenger of the commissioner! of bankruptcy breaking into the premises lately 
 occupied there by J. Thurtell. Nearly 20 persons were assembled, and an entrance 
 being obtained, there was a diligent search made for any property which might be there 
 deposited. There was very little furniture in the house ; but there were several parcels 
 of goods, glass, quart pots, &c. found, which no doubt had been obtained under false 
 pretencet ; but the value, however, was not more than 50/. Among other things found 
 in the parlour, were a pair of immense dumb-bells, weighing eight or nine pounds each. . 
 These were the weapons with which John Thurtell had intended to ha\e murdered 
 Mr. Woods, his rival in the affections of Miss Noyes." And ihis deponent further saith, 
 that he hath perused the Morning Chronicle 'eif the 13th of November, and hath ex- 
 tracted the following passage from an article therein, headed " Murder uf Mr. Weare: 
 James Slack, a dealer in hardware, has also been examined ; he lives in Long -acre, and it 
 appears that it was from him the spade was purchased for the purpose of digging the grae 
 in which the body of the intended victim was to have been buried. Mr. Slack's descrip- 
 tion of the person to whom he sold the spade, exactly corresponds with the appearance 
 cf Hunt before he shaved off his whiskers. The purchase took place on the Thursday 
 before the murder, so that it would seem clear, that not onlj the murder and the
 
 13 
 
 manner of its perpetration, were the sul-ject of a settled plan, hut that the mode of 
 disposing of the body had also been decidedly fixed. Connecting these facts with the 
 meeting of all the parties at Tetsall's before the dreadful deed was committed, they 
 excite the strongest sensations of horror, and lead to other suspicions of a painful nature. 
 We yesterday heard that Leman, the notorious gambler, to whom it is attributed that 
 lie offered John Thurtell three hundred pounds to put Weare out of the way, had sur- 
 rendered himself to the police at Paris, for the purpose of being sent home." And this 
 deponent further saith, that in the said last-mentioned paper, there are circumstances 
 detailed relative to the said charge against John Thurtell, and among which it is stated, 
 that " on Wednesday morning early, a Mr. John Thurtell was taken up at the Coach 
 and Horses, in Conduit-street, Bond-street, under a warrant from the magistrates at 
 Watford. In the room occupied by John Thurtell, a large and small pistol were found, 
 and some clothes, which were marked, and in some places almost soaked, in blood : " and, 
 in addition, it was stated, that " Mr. Hunt, one of the persons who had been apprehended, 
 had been induced to disclose the particulars of the suspected transaction, when it turned 
 out, according to his confession, that Jobn Thurtell, one of the prisoners, had on the 
 Friday evening in question murdered a person of the name of Weare at the spot in Gill's- 
 hill-lane, where the two men had been seeking in the hedge ; that the body of the mur- 
 dered man was first of all on Friday evening disposed of in a pond in the grounds belonging 
 to the house occupied by Probert, and lay there till Monday, when it was removed to a 
 pond two miles distant, and there thrown in and left." And in the same article it is 
 further stated, that " en the person of John Thurtell was found a pistol, the fellow of 
 the one picked up in the lane. In his waistcoat pocket were ten swan-shot, a pen- 
 knife, and a pistol key. The pen-knife was identified by Mr. Rexworthy as the pro- 
 perty of the deceased, and he saw it in his possession on the Friday when Mr. Weare 
 left London. Mr. Ruthven, the officer, also produced on the Coroner's Inquest a muslin 
 handkerchief marked with blood, a black waistcoat marked with blood, as if a bloody- 
 hand had been thrust into one of the pockets of u coat, which was marked with blocd 
 in several places, all of which were found on John Thurtell, or in his possession. In 
 Mr. Probert's" stable, a torn and bloody shirt were found on Thursday, with the initials 
 of the deceased, and it was of the same make as a shirt found at John Thurtell's lodgings. 
 The gig, which was hired for John Thurtell and himself by Hunt on Monday, and 
 which was used to convey the dead body, was observed, when carried home, to be 
 stained with blood. Mrs. Probert it understood to have deposed, that she saw from the 
 window of her room Hunt holding a candle, and John Thurtell drawing a corpse along 
 the ground ; that she he*rd the conversation between her husband, Thurtell, and Hunt, 
 about sharing the money." And it is further stated in the said last-mentioned paper, 
 that " before leaving London on the Friday evening, it appeared that Thurtell and Hunt 
 had agreed that the latter should be put down by Probert at a certain place called Philli- 
 more's-lodge, which a.ccordingly took place, and that Probert then drove on to his own 
 house. Here he met John Thurtell, by whose directions he went back for Hunt, and 
 brought him back to the cottage in the gig. The presumption therefore is, that the 
 murder and the whole scheme for carrying it into effect was planned (and was to be 
 executed) by Thurtell and Hunt conjointly. Owing, however, to Hunt being later than 
 the appointed time, which again was owing to stopping and drinking on the road, 
 Thurtell performed the whole deed himself. From the state of the body there is reason 
 to believe that the first assault was firing a pistol at Mr. Weare 's head, and the cheek- 
 bone turned the ball aside ; that afterwards his skull was fracuired by repeated punches 
 with the muzzle of a pistol ; and that, finally, his throat was cut when he was lying on 
 and grasping his assailant. After he was murdered, Thurtell dragged the corpse through 
 hedge, and left it lying there till the arrival of Probert and Hunt, when all the three 
 went down the lane, and removed it, carrying it and throwing it into the pond, close to 
 Probert's house. On Monday night John Thurtell and Hunt went down to Probert's 
 again, and with his assistance the body was taken out of the pond, put into a gig, 
 carried^ away a distance of nearly two miles, and thrown into the place where it was 
 found." And this deponent further saith, that he hath perused the Morning Chronicle 
 published on the 14th of November last, and that he read therein an article, entitled 
 " Murder of Mr. Weare," and from which said article this deponent made the following 
 extract: "It is remarkable that Mr. Weare's watch, which John Thurtell exhibited 
 to his associates on the night of the murder, hzs not yet been discovered, although the 
 most diligent search has been made for it in all directions." And this deponent further 
 saith, that he hath perused the Morning Chronicle published on the 18th of November 
 last, and from an article, entitled " Murder of Mr. Weare," he has made the following
 
 14 
 
 extract: ' Evidence' has been obtained which carries Mr. Weare ftom his ovra 
 chambers to Cumberland-street, New-road. In Cumberland -street he is met by a tall 
 man (believed to be John Thurtell}, who assists him in removing his things to a house 
 which it is presumed was the same taken in the name of Brown. He is here lost till 
 shortly alter seven o'clock, when two men are met driving in a gig very fast towards 
 Elstree, ne.ir the ninth mile-stone on the Edgware-road. One of these men is recog- 
 nised to be John Thurtell : the other there is every reason to believe was Weare." And 
 this deponent saith, he hath been informed, and believes, that above 7,000 copies of the 
 said journ >1, called The Times, and 3,000 of the laid journal, called the Morning Chronicle 
 are respectively printed dai'y. And this deponent further saith, that having seen in 
 circulation, and stuck up in different parts of London, publications, appearing to this 
 deponent to be similar to a certain play-bill produced and shown to this deponent at the 
 time of swearing this, his affidavit, and marked with the letter (A) ; and on one of these 
 having been delivered to this deponent, he, this deponent, thereupon proceeded to the 
 Surrey Theatre, in the county of Surrey, and this deponent examined the said exhibit 
 marked A with a similar paper and advertisement stuck up against the portico of the said 
 theatre, and he saith, that the said exhibit A, is a counterpart or duplicate thereof; and 
 this deponent saith, he hath been informed, and believes, that the said entertainment 
 or performance announced in the said exhibit was performed on Monday evening last, 
 the 17th day of November instant ; and this deponent, Francis T. Fentou, saith, that 
 he, this deponent, went on the evening of the same 17th day of November, to witness 
 the performance of the said spectacle, called The Gamblers, for the purpose of seeing the 
 circumstances and nature thereof; and on entering the said theatre, bought of one of 
 the persons in the avenues of the said theatre, whose employment appeared to be to sell 
 the play-bills of performance at the said theatre, a smaller play-bill or advertisement to 
 the same effect as the said exhibit (A). And this deponent saith, that the incidents in 
 the said spectacle or entertainment are very similar to, and -indeed parallel with, the 
 occurrences detailed in the evidence given before the Coroner, on the inquest on the 
 body of the said William Weare, except that the scenic representation appears to ex- 
 culpate one of the supposed murderers at the expense of the other two ; and this depo- 
 nent is confident that one of ihe persons in the melodrama or exhibition is intended to 
 represent the said John Thurtell ; and this deponent saith that there was a crowded 
 audience during the said performance, who appeared to be much excited, and expressed 
 great and peculiar applause when the officers seized the person, who, as this deponent 
 believes, was intended to represent the said John Thurtell ; and saith, that the said en- 
 tertainment or performance is evidently calculated to prejudice the public mind with 
 regard to the trial about to take place of the said John Thurtell, for murder. And this 
 deponent, F. T. Fenton, saith, that an application was made in the Court of King's 
 Bench, for leave to file a criminal information against the proprietor of the said theatre 
 for a misdemeanor, in exhibiting the said performance, called " The Gamblers," founded 
 on affidavit, setting forth the facts immediately above deposed to by this deponent, and 
 the said Court thereupon granted a rule to show cause why such criminal information 
 should not be filed against him, which rule the said Court afterwards made absolute. 
 And this deponent, John Helme, further saith, thit he, this deponent, has been in- 
 formed, and verily believes, that upwards of 10,000 copies of ths book or publication 
 hereunto annexed, marked B, have recently been sold and distributed, and tliat upwards 
 of 5,000 copies of the said work have been sold and circulated in the county of Hert- 
 ford ; and thereupon this deponent, by the direction of the said Francis T. Fenton, on 
 Saturday, the 22d of November last, went to the printing-office and shop of Joseph 
 Edgerley, No. 7fi, Fleet-street, London, printer and publisher, in which said office and 
 shop the said Joseph Edgerley then did and still doth carry on the business of printer and 
 publisher and seller of books, and as such printer and publisher hath printed, published, 
 and sold a great number of the books and publications similar to that hereunto annexed 
 and marked B, and thereupon this deponent on the same day purchased of a young man 
 in the said printing-office and shop, who is a brother of the said Joseph Edgerley, and 
 
 lieves the said young man was authorized by the said Joseph Edgerley to sell for him, in 
 the way of his said business of printer and publisher ; and the said young man at 
 game time, in the said printing-office and shop, told this deponent, that the said 
 Edgerley had sold at the said printing-office, upwards of 5,000 copies of the said work 
 and that he did not knovr how many'were sent into Hertfordshire to be sold there ; and
 
 15 
 
 the whole of which information this deponent verily believes to be true ; and this 
 deponent further saith, that he at the same time observed in the said printing-office a 
 great number of hand-bills or advertisements similar to that hereunto annexed, marked 
 C ; and the said young man, in the said printing-office, on the same day, gave and deli- 
 vered to this deponent the same hand-bill or advertisement hereunto annexed, marked 
 C, and which was, and is, as this deponent is informed and verily believes, printed by the 
 said Joseph Edgerley, as an advertisement of the said book or publication, a copy whereof, 
 marked A, is hereunto annexed ; and this deponent further saith, that he did, on the 
 24th day of November last, purchase two more copies of the said work, marked A, as 
 precisely corresponding with the same, in the said printing-office and shop of the said 
 J. Edgerley, of a youth there, who, this deponent verily believes, was authorized by tt 
 said J. Edgerley to sell the same ; and which youth gave this deponent the said two 
 last-mentioned copies, and also gave this deponent two other hand-bills or advertisements, 
 similar to the said advertisement hereunto annexed, marked C. And this deponent 
 further saith, that he did, on the said 22d day of November inst. purchase another copy 
 of the said work, which is also hereunto annexed, marked with the letter D, of a shop- 
 man of Messrs. Wm. Sherwood and Thomas Jones, in their shop, No. 20, Paternoster- 
 row, in the said city, in which said shop this deponent further saith, that the said Wm. 
 Sherwood and Thomas Jones at that time and ever since, did exercise and carry on the 
 trade and business of booksellers. And this deponent saith, that it appears by the title-page 
 of the said books respectively, that the said Joseph Edgerley is the printer and publisher 
 thereof; and this deponent verily believes he was and is the printer and publisher, thereof} 
 and that the said work was sold by the said W. Sherwood and Thos. Jones, at their saiu 
 shop in Paternoster- row. And this deponent further saith, that he did, on the said 22d day 
 of November instant, purchase a copy of another book or publication hereunto annexed, 
 marked with the letter E. of the shopman of Messrs. William Sherwood and Thomas 
 Jones, at and in their said shop in Paternoster- row. And this deponent saith, that it 
 appears by the title-page of the said last-mentioned publication, marked E, that Messrs. 
 Sherwood, Jones, and Co. are the publishers thereof ; and this deponent verily believes 
 that the said William Sherwood and Thomas Jones are the publishers thereof. And this 
 deponent further saith, that he purchased the said book hereunto annexed, marked D 
 and E, in the said shop of the said William Sherwood and Thomas Jones, in the usual 
 course of their business, and that he verily believes that the said William Sherwood and 
 Thomas Jones fully authorized their said shopman to sell the said books, marked D and 
 E, to any person who should propose to buy,the same. And this deponent further saith, 
 that he hath been informed, and verily believes, that 3,000 copies of the said last-men- 
 tioned book or publication, marked E, have been printed and distributed. And this de- 
 ponent further saith, that he hath partly perused the books and advertisements hereunto 
 annexed and marked respectively with the letters B, C, D and E, and that in each of the 
 said works are contained statements, not upon oalh, the plain deduction from which is, that 
 the said John Thurtell, who so stands committed, as aforesaid, was guilty of the murder 
 of which he so stands charged; and also that he had intended to murder one Mr. Woods 
 rid one Mr. Beaumont, in the said annexed books mentioned, and hath been in other 
 
 t_- u v i *"'& **** tnai lut LilC CJIiCllCC TOr 
 
 iich he so stands committed, as aforesaid. And this deponent saith, that an application was 
 
 rid JP h F? U ? ,? S u Ch f r 3 Iule t0 file a Criminal formation Against the 
 
 said Joseph Edgerley, William Sherwood, and Thomas Jones, for a misdemeanor, in pub- 
 
 hmg the said books and advertisements, and the said Court granted a rule nisi to show 
 
 ie why such criminal information should not be filed, and on the said defendants 
 
 >g cause against such rule, the said Court made an order, a copy of which is here- 
 
 Unto ann#iv*art * -..I,. A J ... u*i ... i- . * . -**- 
 
 . rked with th . e letter F - And th ese deponents, Francis Tarrant Fenton 
 
 letter G A H >* ' lltlculivu mexeu, maiKeu wiui me 
 
 to these Hpn d. e P on ents sa y> that the P erson who sold the said book, marked G, 
 
 of the iHKt ntS ' A n n, med these de Ponents that he had sold about ten thousand copies 
 
 k at Gills-hill cottage aforesaid, which information these deponents be- 
 
 insr VJ . rtf- A' andthls de Pnent saith, that on Tuesday, the 1st day of December 
 
 bookseller' IS H POnei l t ' MW 3 C Py f the said book > ' ked G > ex P<*ed to sale in . 
 
 he did on th ^"J [ het W xT f He ford ; and this .deponent, George Jay, saith, that 
 
 dajr of November last, go to GUl's-hill cottage aforesaid, and there
 
 16 
 
 purchased a copy of the said book marked G, and was informed by the person who sold 
 th same, that about 10,000 copies of the said book had been sold at Gill's-hill cottage 
 aforesaid, which information this deponent believes to be true ; and these deponents, 
 John Allen Adamthwaite, George Jay, and Francis Tarrant Fenton, say, that at Gill's- 
 hill cottage they respectively saw a hand-bill, or advertisement, of which the said exhibit 
 i* a duplicate, stuck up against the stable belonging to the said cottage. 
 
 Mr. Andrcztt then rose. The court had heard the allegations, and was now 
 able to appreciate the effects which might have been produced in disparage- 
 ment of that purity and entire impartiality of intention and conduct which 
 the law expected from those to whom it intrusted the execution of its sacred 
 purposes. Here it was plain that those purposes had been assailed, the 
 righteous intent of the law defeated, and the interests of public justice 
 grossly endangered by representations calculated to lead to the most unjust 
 consequences. And this, too, in a country where it was the boast and glory 
 of the people that the administration of justice was more pure and impartial 
 in all Us offices and functions than in any other on the face of the earth. 
 That this was so in the execution of all the duties connected with those offices, 
 he knew ; and he had also the pleasure of knowing that one great example 
 was now in his view, of high judicial officers who would listen to nothing, 
 who refused to have any understanding for any matters, connected with the 
 trial of criminals, excepting such as came in judicial form before the tribunals. 
 Still, though it was not possible for the enlightened mind of his Lordship, 
 tried and established as it was in right views and habits of searching and 
 judging, to be affected by such practices as those recited in the affidavit, it 
 was not impossible that the minds of common men should have been affected 
 by them. His Lordship's good sense and excellent discernment were safe; 
 but it must be well known that with commoner men, engaged in less con- 
 sequential pursuits, upon an extraordinary case like the present, when all 
 were greedy of whatever information they could obtain, and every one formed 
 .some opinion upon the information received, from whatever sources derived, 
 that first impressions once taken, it was next to impossible to root them out. 
 He said this in the outset, to meet the remark made by the court, and to show, 
 that however his Lordship's comprehensive knowledge might secure him 
 from that danger, the same inference could not be drawn with respect to men 
 of inferior note, of lower education and less judgment, and much morestrongly 
 did his argument bear upon the public at large. He reminded the court of 
 what had occurred yesterday, when he had occasion to represent that since 
 the 24th of October, the day on which the terrible circumstance occurred 
 -which gave rise to the present trials, not once or twice, but day after day, 
 ' things had been published, which, by the request of the magistrates, ought 
 not to have gorve forth those magistrates continually, but vainly, entreating 
 and requiring of every man seen with a pen in his hand, either not to publish 
 what was witnessed/or at least to publish every thing fairly. The press had 
 been teemin" , not merely with publications of facts and circumstances, such 
 as the law was supposed to countenance (though for his part he very much 
 doubted whether the law did warrant the privilege claimed and exercised), 
 but those facts and circumstances accompanied with comments, rent tions, 
 and criticisms ; all going to fill up the outline of that skeleton, if he might so 
 sueak, of original matter of evidence, and so in the mam to prejudge t 
 ereat question, which the humanity of the law had reserved for the highest 
 Iribunals-namely, Is the prisoner guilty or not guilty ? It was a max.r 
 this country, that not only must justice be easily obtained but jusnce must 
 also be speedily obtained ; and as a proof how strongly that princip e inhe 
 in British jurisprudence, they were now sitting under a new regulation, w 
 the Lec/,sriturc P had devised fn order to the more speedy attainment of justice. 
 It had fallen to him, notwithstanding, in this country more eminently ft 
 toured than all others with the means of speedily effecting the just purposes 
 of law, and while acknowledging that superiority and glorying m it, to now,
 
 that according to the ordinary construction of men's minds, accerding to the 
 constitution of our common nature, those who would have to try the cause 
 could not come to it, were it now to take place, with unbiassed and unpreju- 
 diced minds. He had before admitted, that so far from the enlightened 
 mind of the presiding Judge beingwithin this danger, his Lordship would have 
 as great difficulty in rooting out the sound principles which usually guided 
 him. The difficulty with others was in rooting out the first impression, 
 though it was of injurious tendency. This was so well ascertained, that in a 
 recent instance, one Judge, of very great excellence in his rank, had, on ac- 
 count of general and injurious prepossession, granted the delay required on 
 that very account. Had he not then, good grounds for the application novf 
 submitted? Having shown that of 10,000 copies of a work most ingeniously 
 contrived ana got up, 5,000 had been circulated in Hertford county ; that the 
 books had been brought home to the very doors of those men who belonged 
 to the classes from which the jury in all likelihood would be taken ; and that 
 the contents were calculated to fill the minds of all those classes with disgust 
 and prepossessions against the prisoners at the bar. Was human nature not 
 the same in different parts of the same county ? was it altered, and if so, how 
 and where and at what time had the change been worked ? When had the 
 public mind been disenthralled from that power which the press so dangerously 
 held over it ? Was it not in the memory of all present, that a case occurred 
 in which delay had been allowed on account of prepossession and prejudice? 
 Was not that deemed a sufficient reason for granting delay? Had he not 
 furnished the court with grounds as strong as any which had been laid before 
 the court on that occasion, for granting delay ? 
 
 Mr. Justice Park. Till when do you ask it? 
 
 Mr. Andrews would come to that point directly. He required that the 
 trial of this indictment should be put off till the next assizes ; or if that could 
 not be granted, for such time as his Lordship, in his excellent judgment 
 should deem sufficient to remove those prejudices, which, as he had shown, 
 made it impossible at present to obtain an impartial trial. It was for his 
 Lordship, and not for him, to determine what length of time would be neces- 
 sary for the attainment of that object. He implored particular attention to 
 the situation of the unfortunate men shut out from any communication 
 with their legal advisers from the time of their commitment until the 20th 
 day of November, and the press teeming with publications in their prejudice 
 the whole time. He knew nothing, nor did he presume to scan the motives 
 of the magistrates in making that order. As they were honourable men, he 
 had a ri^ht to suppose that their reasons were good ; and, at any rate, he was 
 convinced that, they acted conscientiously, in not suffering legal advisers to 
 confer with the prisoners. He himself could not understand what reasons 
 there could be for preventing any man, imprisoned for any charge, from 
 enjoying the most unrestrained communication with his advisers and friends. 
 But it was of more importance to observe what had been the opinion of the 
 Judges upon the subject, when it came to their knowledge. Immediately on 
 hearing of it, they sent down their mandamus, commanding the restoration of 
 the suspended rights of the prisoners, being persuaded, in their superior judg- 
 ments, that the suspension of those rights was dangerous to the interests of 
 justice, and in the highest degree prejudicial to the means which the prisoners 
 ought to have to prepare for their defence. Not only had they suffered from 
 premature and partial publications in pamphlets and newspapers, and this 
 suspension of their just and legal rights ; but play-bills and infamous placards 
 were seen upon the walls ot London, blazoned with the most glaring and 
 attractive characters, calculated to excite curiosity in the readers, and then 
 to fill them with horror and disgust towards the very men now put on their 
 trial. And this was most particularly effected in the town and neighbourhood 
 of Hertford close to the hall of justice, where the attempts to pollute her 
 sanctuary were most of all active. Prepossessions were bespoke in the very
 
 precincts from which the jury must be taken, in a manner which put k 01. 
 of their power to come to the trial with pure and unbiassed minds. 
 
 Mr. Justice Park assured the counsel that he had done all in his power to 
 prevent the effects of any such prejudice, by causing the jury to be selected 
 from the most distant parts of the county. 
 
 Mr. Andrews was convinced that every thing in his Lordship's power to do 
 had been done, so that these trials might be really impartial : but lie would, 
 with the fullest respect for his Lordship's endeavours venture to ask, with 
 what effect? Could his Lordship judge of that which it would be impossible 
 to find out with exactness ? Could he ascertain to the satisfaction of his own 
 mind to what extent the prejudices had reached? Could he be sure, in a case 
 of this extraordinary nature, concerning which all persons were hungry after 
 information, that the statements which had been furnished had not carried 
 prepossessions into the minds of some of those who were called upon to decide 
 the question of guilt or innocence? One of the ablest men that ever lived, 
 whether considered as a statesman or a philosopher, found occasion to say, 
 " Let a story which is false and incredible be repeated every day for a year, in 
 the ears of a man who at first refuses to give credit to it, and by the end of 
 the time he will believe it." Apply this maxim of the great Burke to the 
 ordinary occurrences and events of life apply it to this most remarkable 
 occurrence, and how fearful the consequences! One man, a little better 
 read in the statements, or a little more conceited as to his knowledge of 
 them, meets the company in the evening, and fills his inquisitive and more 
 ignorant neighbour with fearful apprehensions. These were the grounds of his 
 application for delay there roust be time given to root out the present pre- 
 possessions and lively disgust raised against the prisoners, before they could 
 be justly tried. Was he to be asked for instances in which such delay had 
 been granted, there had been one occurrence of the kind lately at York, in 
 which the Judge now presiding in the other court, had thought that the 
 grounds which he now alleged were so important as to justify postponement. 
 He had proved enough, in showing that undue courses had been taken in re- 
 gard to the prisoners, and that there was probability that the poison of misre- 
 presentation had crept into the minds of those who were to pass their verdict 
 upon their lives. 
 
 Mr. Justice Park said, that if the learned counsel meant to assimilate the 
 case at York with the present, he was entirely mistaken in it. The case was 
 no more like this than any other case which could be mentioned. In the 
 Tork case the most flagrant and direct attempts were made upon the persons 
 who composed the jury. Bills were printed and handed about the neigh- 
 bourhood, bespeaking the condemnation of the prisoners ; the streets were 
 filled with cries to the same effect such as, " Make way for the witnesses 
 against William Mead," and others as bad, which tended to the most declared 
 and open perversion of justice. 
 
 Mr. Andrews justified his statement by the contents of the reports made of 
 that case. 
 
 Mr. Justice Park said, that he could hear of no reports against the autho- 
 rity of the Judge's notes, which he had read over attentively. 
 
 Mr. Andrews said, that he must, with all humility, contend, at least, that 
 the case showed that prejudicial publications and statements were considered 
 to be a good ground for the postponement of a trial. But why need he cite 
 cases ? Was there ever a case which resembled this, either as to the degree 
 of public sensation, or the power used by the press in raising and exciting it? 
 This was the ground for aslcing not but that any juror empannelled might 
 be as pure as his Lordship, and, according to the lights of his understanding 
 and his general capacity, be prepared to decide as honestly ; but their inferior 
 education, the nature of their circumstances, and every thing that belonged 
 to their condition, aided in preventing them from rooting out the prejudices 
 and ceiings wbich the publications must have imparted to their minds, He
 
 19 
 
 would appeal t the court, to hear what would be the danger of postponement. 
 Conld the ends of justice be either compromised or defeated ? Was the pre- 
 cedent to be deemed so dangerous as to require that the application should 
 be refused ? He apprehended not he apprehended that the gravest duty of 
 a judge was to administer justice with an equal hand, without feeling too much 
 interest for the prisoner to prevent him from fully considering the interests 
 of the public. What did he ask but delay, and that only for two short 
 months ? Could the public inconvenience be so great as to justify refusal ? 
 Could the public mischief to be apprehended be a sufficient reason? He was 
 convinced this could not be ; because, but for the additional assize which 
 had been appointed for the general interests of justice, the month of March 
 would have been the proper time for these trials. Then look at the situation 
 of the prisoners : let it be considered how unfortunate they were, besides 
 being among the early instances which fell within the new regulation, in the 
 setting of such a stream of prejudicial statements against them. He could 
 not doubt the wisdom of the Legislature in appointing the third assize ; but it 
 must be owned, that in this particular case, attended with these extraordinary 
 circumstances, .that which had been designed, and wisely so, for the interests 
 of justice, was likely to operate harshly upon them. What other argument 
 could be brought against his application? " Why," it might be said, " do it 
 now, and you may put any trial off by proving that the facts have been pre- 
 viously published in the newspapers." He apprehended that such a case 
 would not occur ; he expected that the stage and the press would never be 
 put in action in the same manner again, to the detriment of public justice. 
 He expected this consequence from the proceedings of to-day, especially if 
 the court should assent to the reasons which he had adduced. As it was, he 
 apprehended that the comments which would be made by his Lordship upon 
 this most dangerous practice, together with all the various declarations which 
 were likely to be elicited from other quarters, would so operate, that no such 
 injustice would ever be done again. He hoped that he had shown sufficient 
 grounds for granting the delay which had been asked. 
 
 Mr. Gurney then put in a short affidavit from Mr. Nicholson, the under- 
 sheriff, denying the expressions attributed to him in the affidavit, and admit- 
 ting others, which, though but hypothetical!}', might be supposed to lead to a 
 harsh conclusion upon Thurtell's case. 
 
 Mr. Andrews thanked his learned friend for the opportunity of showing the 
 effects which had been wrought, when a gentleman like the under-sheriff, a 
 man of law, with considerable professional experience, and great knowledge 
 of the world, could suffer from them. He, being a minister of justice and a 
 legal agent, found the doors of his mind so locked up by prejudice, that he 
 could by no means again open them to the operation of contrary conviction, 
 but felt himself compelled to pronounce upon the guilt of the prisoner before 
 he had been brought to trial. 
 
 Mr. Platt spoke in the same argument. It was not enough to show that 
 in the case of one or two persons likely to be called upon the jury, there had 
 been no prejudice lodged ; nor was it enough that one or two persons should 
 feel satisfied that no prejudice had been worked; the public mind, in the 
 general sense of that expression, must be satisfied that the prisoners were 
 brought to a really impartial trial. To show this was impossible, after the 
 going forth of garbled statements, and the publication of heated and prejudi- 
 cial allusions. The time which had been asked was inconsiderable only 
 three short months ; the object was of the deepest importance to secure the 
 purity of justice. One exemplary instance of the power of these prepossessions 
 had been ,but now furnished to them. He cared not, for his argument, 
 whether the conclusions of the under-sheriff were hypothetical or not. It 
 plainly evinced what was to be expected from minds less experienced and 
 refined, and therefore less worthy to be trusted. Still, he had a higher au- 
 thority than that case afforded him, to show the power and extent of the 
 prejudice. His Lordship had found it necessary, in th exercise of his great
 
 20 
 
 Vjogrnent, to colkcta jury from other and more distant parts of the county. 
 That was the strongest argument which could be urged in favour of the appli- 
 cation. There was fear in the mind of the Judge that the prisoners would 
 not, without that precaution, have a fair trial. What had the legal advisers of 
 the prisoners done to counteract this prejudice? They had done all in their 
 power all which the law empowered them to do, to expose and punish all 
 the parties engaged in this mode of counteracting the due administration of 
 justice. From the time when they had cognizance of these transactions, and 
 from the time when they had access to their client, but eight days of the 
 term remained unexpired. During those eight days, counsel had been occu- 
 pied in filing criminal informations against the offending parties, against the 
 public press, against the theatres. Now see the advantage of this suspension. 
 Public justice will have time to act; another term will allow the counsel for 
 the prisoners to undo, as far as possible, the mischief which at present ope- 
 rates. It is true that under any circumstances, and almost at any time, a 
 Erejudice must exist against the prisoners from what has already occurred ; 
 ut still, if a reasonable time be allowed for the counteraction of what has 
 been done, the punishment of the parties who have impeded the course of 
 public justice will have some weight in securing an impartial feeling. The 
 strong arm of the law will have ii3 force the intervening time will have had 
 its weight, and prejudices will have subsided. He did not mean to say that 
 those who necessarily incurred the imputation of those prejudices, were cul- 
 pable; indeed, if culpability could be ascribed to them, he knew not where 
 he could stop in casting the imputation. What individual in the county 
 what individual in the kingdom, he might add had not read, and reading 
 had not felt, the operations of the statements which had been so injuriously 
 disseminated? In that very town, of one publication alone, no less than 
 5,000 copies could be proved to have been circulated : how many more of 
 others, afl tending to the same excitement, it was impossible to say. In fact, 
 there was no jury in the kingdom which could now be impannelled, that it 
 would not be dangerous for the prisoners to appear before ; he meant dan- 
 gerous, from the natural effect 01 the excitement which had been so unfortu- 
 nately excited. He did not mean to insinuate that there was any certainty 
 of an unfair trial, but merely that there was a danger of it. Under such cir- 
 cumstances, he called upon his Lordship to secure to the prisoner the fair 
 trial to which, as a British subject, he was entitled. He was not aware that 
 he could offer any further remarks in addition to those so ably charged by his 
 learned friend (Mr. Andrews) ; but it did appear to him, that he could not sit 
 down without most seriously calling his Lordship's attention to the situation 
 in which the prisoners stood. His Lordship, indeed, felt that strongly when 
 he made the just and true remark in his charge to the grand jury yesterday. 
 It was not alone the jurors to whom that remark applied ; in fact, there was 
 not an individual in the county, nay in the whole kingdom, to whom it had 
 not reference. He was the more anxious to press these observations upon 
 the court, from the particular nature of the indictment: his Lordship knew, 
 that this was a case from which, if conviction followed, all mercy, was shut 
 out ; the result was not only easy of anticipation, but solemnly and irrevocably 
 prescribed by the law certain execution must speedily follow upon conviction. 
 In the same proportion that the danger of the prisoners was imminent, did 
 he call upon the court to pause and weigh well the prejudice under which 
 they suffered. What he asked was not alone on account of the prisoners, 
 but on account of the public. The administration of the law must not only 
 be firm, but also calm and dignified. Of what value then, could any verdict 
 be, vrhich must be tinctured with prejudice ? It could tend to no public ad- 
 vantage, but to quite the reverse. He implored, then, the court to put the 
 Srisoners upon their trial when they could be assured of having an unpreju- 
 iced jury, as least one unbiassed as far as the nature of the case permitted ; 
 such a jury as, in conclusion, he humbly submitted, the prisoners could not 
 casonably expect to have at the present moment.
 
 Mr. Chitty followed on the same side. H commenced by impressing 
 strongly upon the court, the violent effect of the public excitement which 
 had taken place in this case. That excitement was, from the very nature 
 of its operation, general. Who could draw a line in society, which was to 
 set limits to the poisoned effect of the publications which had gone forth? 
 Who could say where that poison ceased to flow, or where it had not tainted ? 
 Then how, he asked, were the prisoners to have that' constitutional mode of 
 trial to which by law they were entitled? The jury empannelled for such a 
 trial ought to come prepared very differently for the performance of their 
 duties. When he alluded to the prejudice which so unfortunately prevailed, 
 -and asked the postponement of the trial, he did not mean to say that the trial 
 ought not to be speedy ; all he desired was, that it should take place when 
 the minds of men were able, coolly, and dispassionately to try the indictment. 
 Criminal informations had already been granted against those who had pre- 
 judiced the public mind against the prisoners. On what principle did these 
 criminal informations proceed ? Upon no other than the probable influence 
 which necessarily arose out of the acts which these informations impugned. 
 This was distinctly avowed in a judgment pronounced in the case of the 
 " King v. Field." It was the statement of evidence grven before a coroner's 
 jury, and where no malicious motive could be imputed to the party publish- 
 ing such statement ; and where, in fact, those who published it deliberately, 
 cautioned their readers to exercise their own cool judgment, and not be led 
 away by a hasty and too implicit perusal. 
 
 Mr. Justice Park. What do you read, Mr. Chitty? 
 
 Mr. Chitty. My Lord, I was reading, or about to read, the remarks of 
 judges of the Court of King's Bench, upon the case to which I referred, and 
 particularly what fell from Chief Justice Abbot. 
 
 Mr. Justice Park. You were not here yesterday, indeed you could not well 
 have been, when I stated to the grand jury my most decided opinion, that 
 the publication of evidence before trial, of that which must afterwards come 
 officially before a jury, and especially publishing with comments, was a high 
 misdemeanor, punishable by fine and imprisonment. I think these were 
 my words. 
 
 Mr. Chitty resumed. He knew well, he said, that such were his lordship's 
 sentiments, and that his upright and reasoning mind would reject the in- 
 fluence of such ex parte impressions ; but he also knew, that with the public 
 at large the transition from the inflammation of passion to the coolness of rea- 
 son was gradual. Besides, one half the jury empannelled on the present 
 occasion, might not have heard one word of his lordship's charge, and conse- 
 quently lost the benefit of his humane and just admonition. It was, there- 
 fore, upon principle that he urged the protection of his client from the weight 
 of prejudice which encompassed him. He did not mean to argue the mere ille- 
 gality of such publications, but to call the attention of the court to the prin- 
 ciple upon which they were reprehended. Mr. Justice Bayley, also, in the 
 case to which he had alluded, enlarged upon the great importance of secur- 
 ing to a prisoner a trial without prejudice free from ex parte influence, and 
 a decision solely founded upon what shall be heard upon his trial. The chief 
 justice indeed, upon some occasion, entered pretty largely upon the neces- 
 sary effect of these ex parte statements, and said, that every man, who for a 
 moment reflected upon the operation of his own mind, when acted upon in 
 this manner, must be instantly struck with the natural effect they produced, 
 and then, as a probable consequence, struck with their mischievous tendency. 
 Still more mischievous must these statements be, when circulated with com- 
 ments. The excitement of prejudice was therefore the principle upon which 
 criminal informations of the nature he alluded to were grounded. He would 
 state another case, to show the unfeeling and unmanly tendency of getting at 
 conclusions by such hasty and irregular strides. It was a case in which a 
 man's own counsel felt it his duty to move for the postponement of his tria. 
 rather than be instrumental to the creation of an undue prejudice, althougn
 
 22 
 
 Hut prejudice was favourable to himself. It was the caae of " the King and 
 Jolliffe, ' 4th Term Reports, 285. The case there was an information which 
 had been granted against Mr. Jolliffe, for a misdemeanor, while exercising 
 his functions as a magistrate. There was an affidavit, that three days before 
 trial, the defendant gave the individual three or four printed papers for distri- 
 bution, which were calculated to create an impression favourable to the inter- 
 pretration of his conduct, and to affix an imputation upon the prosecutor. In 
 that case Mr. Jolliffe's own counsel applied for a postponement of the trial, 
 and Lord Kenyon entirely concurred in the propriety of the grounds which 
 were urged on the occasion. But how highly aggravated was the present 
 case? On the 2d of this very month, in the town in which the judges were at 
 the present moment sitting, publications violently prejudicial to the prisoners 
 had been disseminated. If, therefore, instead of the precedents being many 
 and with him, there had not been any, this he would say was the case which 
 ought to make such a precedent. No upright Judge could hesitate to admit 
 such a precedent. 
 
 Mr. Justice Park. What is that case in Burrows? 
 
 Mr. Chitty said, there were several cases in point, where the prejudice was 
 much less than it appeared respecting the prisoners at the bar. There were 
 here publications on the 2d of December, which were circulated with great 
 activity throughout the county ; 10,000 at least might be mentioned ; and con- 
 sidering that such publications were lent from hand to hand, it was fair to 
 infer that these 10,000 publications had had upwards of 40,000 readers. How 
 could a fair jury be empannelled under such a wide-spreading excitement. 
 
 Mr. Justice Park. Consider this- suppose the trial were put off for a 
 month, what reason have you to suppose that this prejudice will cease ? 
 
 Mr. Chitty said that their effect would be diminished by the gradual opera- 
 tion of time : the public mind would recover and improve by reflection a 
 jury would appeal to their own fair and unbiassed feelings. Indeed, he was 
 convinced that the present jury would rejoice at a postponement, which 
 would make their verdict more satisfactory. If he could put the question to 
 their own breasts, he knew their answer would be " For God's sake let there 
 be no supposition prevail against us : let us not put public justice in peril, 
 by trying a fellow-creature while such a feeling is afloat." The danger arose 
 both ways 1st, to the prisoner, lest he might be sacrificed to passion : and 
 J?dly, to the public justice of the country, lest a jury might withhold a verdict 
 of conviction to escape the chance of having their motives suspected. A 
 short delay would obviate this serious evil there would then be the re- 
 action as well as the action of the public mind. Such was the case in the 
 trial of " the King v. Mead," of all the particulars of which I have the fullest 
 recollection. 
 
 Mr. Justice Park. I thought that case was tried at York. 
 
 Mr. Chitty replied that it was, but some motions were subsequently made 
 in the Court of King's Bench, in which he was concerned witn Mr. Jones, 
 and he was therefore acquainted with the whole case. In that case, Mr. 
 Justice Holroyd most unquestionably admitted and enforced the broad prin- 
 ciple for which he was now contending, and said, " that although it was 
 most important, that charges of a criminal nature should be tried a.s speedily 
 as the interests of public justice permitted, yet --till he thought it highly im- 
 portant that judges should attend to what would secure to the party accused a 
 fair and impartial trial : not, indeed, that a corrupt motive might not be 
 assigned, but that the excitement of passion should be avoided in the certain 
 administration of justice. It was important that a verdict should not only be 
 just, but satisfactory to the public mind: how was such satisfaction to be 
 assured, unless the motive for the verdict were as clear as day?" Lord Coke 
 had also ably and truly said, " that it did not follow though a trial was long 
 postponed, justice was delayed." In the present case the most abominable 
 excitement had been practised. Not only were the parties held out to the 
 world as directly implicated in a cruel and deliberate murder, but motives
 
 23 
 
 were directly imputed to them for their conduct, and thfey were described as 
 being base conspirators. The vilest fabrications were made to destroy before 
 trial the character of one. of the prisoners (Thurtell). A false and infamous 
 anecdote was circulated of his having, while an officer engaged in the service 
 of his country, killed a foe at the siege of St. Sebastian, while yielding and 
 sinking under the agony of a mortal wound. Was not such an anecdote cal- 
 culated to arouse against the prisoner the vehement indignation of every 
 British heart? (Here Mr. Chitty evinced an emotion, which for the moment 
 affected his utterance.) Then, again, came the deliberate and infamous story 
 of his having provided an air-gun to assassinate Mr. Barber Beaumont ; and 
 dumb-bells Fo murder Mr. Woods. 
 
 (At this moment the court was interrupted by the rushing into the gallery 
 of four or five persons. 
 
 Mr. Justice Park ordered them instantly to withdraw, or else he would 
 commit them ; and if he adjourned this commission, he assured them, their 
 imprisonment would last a month. The intruders were with some difficulty 
 ejected.) 
 
 Mr. Chitty resumed, and recurred to the danger of these inflammatory pub- 
 lications. No man could, he said, calculate upon the extent of the mischief 
 which they had caused. While under their excitement, no man could act 
 safely as a juror on this trial ; and when such was the fact, what danger arose 
 from a short postponement, to allow passion and prejudice comparatively to 
 subside ? The prosecutions which had been instituted in the Court of King's 
 Bench would correct much of the mischief now in operation, and give a salu- 
 tary lesson to the public. The novelty of the occurrence would wear off 
 the influence of the day would be mitigated, and the excitement of crowded 
 audiences by scenic exhibitions would pass away. He implored the court, 
 for the sake of public justice, as well as in mercy to the prisoners, to yield to 
 his solicitation. 
 
 Mr. Gurncy said that he was not at all interested in the success or failure 
 of the motion which had been made by his learned friends. He appeared 
 on this occasion only as an assistant, whose duty it was to promote, calmly 
 and dispassionately, the administration of justice. His learned friends who 
 were concerned for the prisoners had moved for a postponement of the trial, 
 which motion was founded on three grounds. The tirst of these grounds was, 
 that the prisoner Thurtell could not now come to trial fully prepared, because 
 sufficient time, and a proper opportunity for arranging his defence, had not 
 been afforded him. To this Allegation a plain statement of the circumstances 
 would give a full and sufficient answer. The prisoner was committed for 
 trial on the 1st of November, and it was not until the 12th that any applica- 
 tion was made for professional assistance. On the 13th he was visited by 
 Mr. Jay ; and on the 14th, an application was made for the admission of 
 another professional gentleman, which was refused. On the 19th, a motion 
 was made in the Court of King's Bench, for a rule to show cause why Mr. 
 Fenton, the prisoner's attorney, should not have free access to him. The 
 court immediately granted a mandamus, directed to the magistrates of Hert- 
 ford, and calling on them to assign their reasons for the refusal complained 
 of. The instant the application to the court became known to the magis- 
 trates, and even before they had acquired that knowledge, complete access 
 was given to Thurtell's attorney. Let it not then be supposed that the same 
 means of defence were not vouchsafed to him as would have been given to 
 any other individual under the same circumstances. Another ground of com- 
 plaint was, that one of the magistrates had attended at the gaol for the pur- 
 pose of enabling a witness to view the prisoner, for the purpose of identifying 
 him ; and also, that it was proposed that the depositions should be read over 
 to the prisoner, to which proposition a decided objection was taken. Now he 
 would say, that a more unfounded or improper complaint could not have been 
 made first, because it was beneficial for the prisoner that he should be maae 
 wlwle charge that wa> brought again^ hiroj an4 nwt.
 
 M 
 
 because it was essential to the ends of public justice that he 'should be identiiiec. 
 The conduct of the magistrates was dictated by a kind and humane feeling. 
 
 Mr. Justice Park, without meaning to anticipate what the bearing of the 
 learned counsel's argument might be, must say, that it was extremely im- 
 proper, on the part of the magistrates, to act thus. Doubtless their conduct 
 was kind and well intcntioned; but it was certainly wrong. 
 
 Mr. Gurney proceeded. He now came to the third ground namely, the 
 ill effect which the various publications on this subject were likely to produce. 
 He entirely agreed in what had fallen from his learned friends with respect 
 to the nature of the publications which had issued from the press on this 
 occasion, and which had been so properly commented on by his Lordship. 
 It was impossible that such publications could leave the minds of those who 
 read them in the same calm and quiet state in which they would have been 
 had those publications not gone forth ; and he coincided in the opinion of 
 his learned friends, when they observed that care should be taken, not only to 
 administer justice, but to administer it in the most satisfactory manner. His 
 Lordship knew it was probable that he might be called on to sit in judgment 
 on this case, and therefore he had abstained from perusing those publications. 
 But he (Mr. Gurney) was bound by no such restraint. He had read those 
 publications, and he had read them with the greatest pain; for he well knew 
 that it was impossible that such productions could issue from the public press 
 without creating an effervescence in the public mind which might possibly 
 defeat justice, but which, beyond all doubt, must render its administration 
 less satisfactory than it would have otherwise been. He recollected the case 
 of "The King v. Fleet," which had been referred to by his learned friends; 
 and the court stated at the close of the case, that it was fitting that the pub- 
 lications which were there complained of should be laid before the law officers 
 of the crown. If that had been done, which was perhaps called for on that 
 occasion, probably they would not have seen those publications on which he 
 was 'now animadverting. There was no doubt whatever that the publication 
 of depositions befpre coroners, and especially before magistrates, which were 
 calculated to give an undue bias to the public mind, was, as the learned Judge 
 had said, " a high misdemeanor." Such publications could not be too 
 strongly characterized. They were mischievous and improper. He felt 
 shame and sorrow when he found that an audience of Englishmen had wit- 
 nessed a dramatic entertainment founded upon the late melancholy events. 
 He regretted that the audience did not put down that performance at once by 
 unanimous consent. He was concerned when he reflected that those who 
 had brought forward so revolting a subject were not driven from the stage. 
 He wondered how any persons dared to insult public feeling, and to outrage 
 public morals, by so disgusting an exhibition, at the very moment when the 
 parties accused were about to be put on their trial. He admitted that the 
 public feeling had been strongly excited in various ways; and the question 
 was, whether that excitation had sufficiently subsided, so that the prisoners 
 might safely proceed to trial. The latest publication on this subject which 
 was noticed in the affidavits was that of the 16th day of November. Whether 
 any publications had occurred since that period, his Lordship could not 
 officially know; neither could he know, supposing publications to have taken 
 place, what their peculiar character was whether they were of one descrip- 
 tion or of another. It was not for him to give an opinion on this subject ; it 
 was his duty to leave the matter entirely to the decision of his Lordship. If 
 his Lordship thought that the public feeling was sufficiently subsided, so that 
 a jury could come to the consideration of the evidence with calmness and 
 temperance (by the exercise of which qualities alone could they do justice), 
 ne would not postpone the trial ; but if his Lordship felt that the agitationof 
 the public mind had not so subsided, if he thought that the gentlemen em- 
 pannelled on the jury would act under any prepossession, however created, 
 ne knew that his Lordship would, defer the trial for such a period as he, in 
 his wisdom, might deem tit. His learned triend (Mr, ChUtv) had adverted
 
 25 
 
 o a case, where the counsel for the prosecution not merely consented, but 
 prayed for a postponement of the trial. That was a case where one of the 
 individuals concerned had been guilty of sending forth publications which 
 tended to obstruct tne course of justice. If those who had instructed him 
 had been guilty of the publications which were complained of in this case, he 
 certainly should not have waited until his learned friends had called for its 
 postponement ; he would have certainly called for it himself. His Lordship 
 was the guardian of public justice; and he felt perfectly assured that he 
 would administer it purely, without prejudice or bias. His Lordship would 
 feel that there were parties to be tried for a very grave offence, and he was 
 well assured his Lordship would give them all the protection which was due 
 to them. AS far as regarded himself, he would not attempt to take away any 
 part of that protection. He should say nothing to aggravate their situation. 
 All he wished for was, that justice should be administered, and satisfactorily 
 administered. He now left the matter in the hands of his Lordship, whose 
 decision, be what it might, would, he was confident, further the ends of justice, 
 with respect both to the prisoners and to the public. 
 
 Mr. Andrews, in reply, observed, that the learned gentleman was not 
 opposed to him, but was, in fact, an advocate in his cause. He had not 
 attempted to struggle against the weight of facts which he (Mr. Andrews) had 
 stated to the court ; but had at once admitted that the publications in ques- 
 tion had created a very strong feeling had given rise to powerful excite- 
 ment and he therefore censured them in the strongest possible terms. It 
 was inseparable from our nature, that publications of this character should 
 excite strong sensations, and cause a powerful emotion in the public mind; 
 and when the dates of those productions were looked to, he would only call 
 on the learned Judge to ask of himself, whether the operation which they 
 must have had on the minds of society in general, could have ceased and 
 subsided at the present moment ? If his Lordship had any doubt upon this 
 point, he would call on him to look at the crowds which beset the doors of 
 the courts to view the members that thronged the galleries, and who also 
 filled the body of the court, so as to render it difficult for those professional 
 gentlemen who were engaged in the cause to perform their duties with ease 
 and satisfaction. He had the learned Judge's own high authority, delivered 
 in terms which he would not attempt to amend, that " those who dared to 
 publish those polluted accounts were, beyond all doubt, guilty of a mis- 
 demeanor, and subject to fine and imprisonment." When his Lordship 
 admitted that, and when he (Mr. Andrews) stated that they continued pub- 
 lishing such accounts down to this day, then he held that his Lordship's 
 opinion must coincide with his own. He contended that those were mis- 
 chievous publications, and were likely to lead to most mischievous effects. 
 Why was the publishing these accounts treated as a misdemeanor ? Because it 
 tended to mislead the public mind. In this case, confessions had been pub- 
 lished that never were made ; and which, even if made, should not have 
 publicly appeared there with the name of Thurtell or Hunt signed to them. 
 Had such documents been introduced to the court, his Lordship would not 
 have allowed them to be read. Why were such publications sent forth 
 amongst the public ? Was it to advance the ends of justice ? No; it was for 
 the dirty, paltry gain that belonged to those productions which every Sunday 
 and every daily paper sent forth so unsparingly. If he could not procure a 
 delay of three or four months, he should gladly receive any postponement 
 which his Lordship's charity, consistently with his duty, might incline him 
 to grant. He appealed to his Lordship's justice, and to his merciful exercise 
 of the power with which he was invested. Happily, he felt that he had the 
 pleasure of addressing a Judge equally venerated for his moral and religious 
 feelings as for his extensive legal knowledge and great ability. He confi- 
 dently asked for this delay, because he was convinced that it would answer the 
 ends of justice. To promote those ends had been his Lordship's constant and 
 anxious wish; and a compliance with the request now made by himself ami 
 
 E
 
 his learned friends, would raise still higher the exalted character which hi 
 Lordship had ever maintained. 
 
 Mr. Justice Park said, this application had been made on long affidavits, 
 and was formed on two distinct grounds. The one was, that sufficient time 
 had not been given for preparation. This, however, was not the fact; for 
 mere time had really been given than was usually afforded. They ail must 
 recollect one of the most atrocious cases of murder ever perpetrated in this 
 country, where the offence was committed on Monday, and the culprit was 
 executed on the Monday following. It was not stated in the affidavits, that 
 any one witness could not be procured, or that proper assistance could not be 
 commanded, on account of the shortness of the time, and therefore he could 
 not on that ground accede to the application. With respect to the arguments 
 of the learned gentlemen who had addressed him on behalf of the prisoners, 
 he must say, whatever might ultimately come of this motion, that he thought 
 the cases quoted did not at all apply to the present matter. The proceeding 
 in the case of " the King and Fleet," was merely that which every man who 
 had read a law book, or who was connected with the inns of court, must at 
 once recognise to be established law. The application was against a printer, 
 for doing that which was now complained of namely, publishing certain 
 prejudicial statements, and the court acceded to it. Again, there were the 
 cases of " the King v. Follett," " the King v. Grey and another," which was 
 tried before Mr. Justice Holroyd; in every one of which cases, it was to be 
 observed, the guilt of the publication and dispersion of the obnoxious papers 
 was brought home to individuals connected with the prosecution. In I ? ol- 
 lett's case, an attempt was made to prejudice the minds of the jury against 
 the defendant. The same might be observed in the " King v. Kay ;" and 
 with respect to the " King v. Meade," which was tried before Mr. Justice 
 Holroyd. The circumstance to which that learned judge's observations ap- 
 plied was, that the publications, horrible as they undoubtedly were, were 
 clearly brought home to the prosecutors. He endeavoured to pervert the 
 course of justice by publishing placards in the city of York, and by inserting 
 gross libels in the newspapers. In these productions, he asserted that the 
 
 government was oppressive; that the judges of the land felt no disposition to 
 o justice ; and that every part of our establishment was corrupt. In short, 
 a greater body of infamous charges he never saw brought forward than was 
 contained in that case. It was a case of a witness for the crown who was 
 defended by government ; and all these publications were issued by the pro- 
 secutor to corrupt and prevent the due administration of justice. Therefore 
 it was a case wholly different from the present, since it was not pretended 
 that those by whom this prosecution was instituted were at all connected 
 with the publications complained of. He must here take leave to say, with- 
 out meaning to reflect on any individual, that he did not think it was a very 
 wise thing to bring all those papers immediately under the observation of 
 those who were likely to compose the jury. If their minds were strongly 
 excited by those publications a month ago, surely they were calculated to 
 make a deep impression now, and therefore ought not to have been again 
 forced into notice. He had said yesterday, and he would repeat it to-day, 
 that nothing could be more disgraceful than publications of this nature. 
 The trial by jury was the great palladium of public liberty : it ought to be 
 protected, and nothing should be tolerated that tended in any degree to 
 weaken or impair it. If, on account of the pruriency of the public mind, or 
 if from the desire of gain, publications of this mischievous description were 
 to be sent out to the world on all occasions, however grave or important, 
 justice would, in the end, be defeated. There was a circumstance of consi- 
 derable importance attached to this case, which he could not pass over. If 
 the trial were put off, the prosecutors would be subjected to an enormous 
 expense ; for he observed the names of no less than 55 witnesses endorsed on 
 the bill, who had been brought here at a very great expense. Still, however, 
 ho would say, that no idea of expense, that no apprehension of judicial labour
 
 27 
 
 should interfere to the prejudice of men who were placed in such an awful 
 situation. lie had no appetite to try this cause, but still he would take care 
 not to shift the burden from his own shoulders to the shoulders of others ; 
 and if he put off the case now, he certainly would himself try it at a future 
 day. He perceived very plainly, that the same difficulty which was now 
 urged might be urged with equal force at the next assizes. It might be 
 stated then, as it had this day been stated, that those improper publications 
 had been disseminated through the country, and it might be asserted that a 
 new jury were likely to be infected with the same prejudices, the existence of 
 which was dreaded at present. All he had to say and to hope was, that those 
 who presided over the country, for the guardianship of judicial justice, he 
 meant the government, would use their most sti enuous efforts to prevent 
 that horrible delay of justice which was productive of so much mischief. 
 Considering the greatness of the delay, he would not put oft' the trial till the 
 next assizes. If those people were innocent, as he fervently hoped they 
 were, why should there be such a delay of justice ? Why should these spe- 
 cial commissioas be appointed at this unusual season of the year, but for the 
 purpose of arriving more speedily at justice ? Some of the causes which oc- 
 curred were very proper for a special commission. Indeed, if there were no 
 other cause to try but the present, it would very well justify such a proceed- 
 ing. He hoped and trusted that something would be done to prevent the 
 evils which he had yesterday alluded to as arising from publications similar 
 to those which had been recently brought under the notice of the court. 
 Such publications might injure the accusers in a way which he would not 
 state, and they might likewise inflict injury on the accused. This, however, 
 he would observe, that in divulging to the accused all that might be said and 
 urged against him, you imparted to him a very considerable advantage. 
 What, however, he lamented was, that by allowing such a course of proceed- 
 ing, justice was impeded; justice, if not defeated, was retarded, and there- 
 fore it ought not to be tolerated. He trusted that those who had erred, 
 doubtless without intention, on this occasion, would consider the cruelty of 
 such conduct towards individuals, and reflect on the evil they were commit- 
 ting against society, by adopting a system, the tendency of which was to 
 paralyze the efforts of justice. Having said thus much, he would now 
 adjourn this commission to Tuesday, the 6th of January next ; the prisoners 
 at the bar most clearly understanding, that he would not, when their trial 
 came on, listen to any grounds, similar to those advanced this day, for the 
 purpose of procuring a farther postponement. If they attempted to put oft* 
 this trial again, it must be on new and distinct grounds. The court is now 
 adjourned to eight o'clock in the morning of the 6th of January next, then to 
 meet in this place. 
 
 The court was about to break up, when, we believe, Mr. Andrews spoke to 
 his Lordship in a very low tone. 
 
 Mr. Justice Park thanked the learned gentleman for having reminded him 
 of a point which he had omitted. It had been supposed that that which 
 passed in a court of justice was not an unfair subject for publication. But 
 where an affidavit of the description of that which had been just laid before 
 the court was produced, repeating all those reports and rumours that were 
 complained of, and which had formed the subject of inquiry and discussion 
 during the morning, it was to be hoped that it would not for the present find 
 its way beyond those walls. He trusted that the feelings of humanity, of 
 kindness, and of tenderness, towards the accused, would induce every one 
 who was within the sound of his voice, to disclaim and to withhold such a 
 publication. 
 
 The prisoners were then removed from the bar, and the court adjourned.
 
 ADJOURNED ASSIZE, HERTFORD. 
 
 WEDNESDAY, JANUARY 7, 1824. 
 
 THE interest excited "by the expected trials of the parties charged with the 
 murder of Mr. Weare, so far from having been lessened by delay, seems to 
 have been greatly increased. In fact, the town of Hertford was infinitely 
 more crowded than on the former occasions, when the parties were put to 
 the bar. At an early hour on Monday afternoon, the roads leading to the 
 town were thronged with vehicles of all sorts, which continued to arrive to 
 a very late hour, and the same bustle was renewed the next morning. 
 Inquiries of ail sorts were made as to the mode of obtaining admission to 
 the court, and premiums to a considerable amount were offered for the cer- 
 tainty of such an advantage. The whole arrangement of the court, how- 
 ever, being under the supervision of the sheriff, these inducements were 
 without effect, and all those who were not provided with tickets were left to 
 take their chance with those who, by an early attendance, had to seek en- 
 trance to the galleries. 
 
 In the course of Monday evening the counsel engaged in the case arrived ; 
 namely, Messrs. Gurney, Bolland, and Broderick, for the prosecution ; 
 Messrs. Chitty and Andrews forThurtell; Messrs.- Williams and Phillips 
 for Probert; and Mr. Thessiger for Hunt. Each party had long consulta- 
 tions with the respective solicitors by whom they were employed, in the 
 course of the night, and again early this morning. The solicitors also had 
 long interviews with their respective clients in the gaol. Thurtell was still 
 unmoved, while Hunt was manifestly a good deal depressed. Probert was 
 placid, and seemed determined to submit to the ordeal he had to go through 
 calmly, and with as little agitation as his feelings could permit. 
 
 OPENING THE COURT. 
 
 As early as four o'clock this morning the streets in the immediate neigh- 
 bourhood of the court-house were thronged to excess, but from the darkness 
 which prevailed, it was impossible to distinguish one person from the other, 
 except by the voice. Watchmen were stationed inside the area next the 
 public door of ingress, to prevent unfair or improper obtrusion. They 
 walked up and down with their lanterns, and this was the only light afforded 
 till day broke. Strict orders were given that no person should be admitted 
 till seven o'clock. Shortly before that hour, Magistrates and their friends, 
 and such as had been provided with tickets, began to arrive. They obtained 
 entrance by a private door ; but such was the overwhelming pressure of in- 
 dividuals anxious to get in at all hazards, that the utmost exertions of the 
 constables became necessary to prevent the court being completely filled 
 at this avenue. The same rush was made at the door pointed out for 
 the ingress of the gentlemen of the press and the members of the jury. 
 All sorts of expedients were adopted to get in, and many ingenious strata- 
 gems wre frustrated. Some asserted they were reporters, others that they
 
 29 
 
 were witnesses, and others magistrates ; hut as those persons cou?d not pro- 
 duce tickets, or any persons to vouch for their veracity, they were forced 
 back, thereby creating additional inconvenience to those who were reguuuly 
 privileged, many of whom were seriously bruised. Some few were success- 
 ful by passing as barristers' clerks, and for once carrying the bags of their 
 friends in that character. The public were admitted to the galleries at the 
 time appointed, and the rush which was then made was really alarming. 
 Cries of anguish burst from all quarters, but we did not hear of any parti- 
 cular injury beyond a few bruises. Every seat instantly found an occupant, 
 and the most expert manager of a theatre could not have packed his audi- 
 ence more compactly. The body of the court also presented a dense mass 
 of auditors, while the places set apart for the magistrates and the friends of 
 the high sheriff were likewise filled to an overflow. During the "entrance of 
 these persons the greatest confusion prevailed, and disputes, arising from 
 resistance to those to whom the duty of preserving order in the court was 
 entrusted, were constantly arising. On no former occasion, in fact, did we 
 witness a more extraordinary desire to be present at judicial proceedings. We 
 noticed, among others on the bench, Lord Errol, Lord Verulam, Lord Essex, 
 and Capt. Fitzclarence.- There were only four ladies in court ; two in the 
 gallery, and two close to the prisoners. 
 
 At half-past seven precisely, the officers of the sheriff arrived at the gaol 
 with a post-carriage, to conduct the prisoners to the coiyt. The prisoners 
 had previously been shaved and dressed. Thurtell, as on the former oc- 
 casion, was placed inside the carriage, while Hunt sat on the box. They 
 had their irons on, but moved with ease. Thurtell was dressed in a dark 
 frock coat, drab cloth waistcoat with gilt buttons, white corderoy breeches, 
 and black stock. Hunt was attired in a shabby suit of black. The former 
 looked very well, but there was a gloomy cast on his countenance, while the 
 latter was pale and somewhat agitated. On their arrival at the court- house, 
 they were placed in the pound behind the dock, previous to being put to the 
 bar. They sat at a distance from each other, and were visited by their re- 
 spective solicitors. Instead of eating a hearty breakfast, as when last up, 
 Thurtell took but a quarter of a round of toast, and then he seemed to eat 
 with difficulty. Hunt's appetite, was equally bad. Neither of them spoke to 
 the other. The prisoners' irons were knocked off in this court ; and in con- 
 sequence of some difficulty arising while Thurtell's irons were removing, a 
 piece of cloth being in the way, he exclaimed passionately, " Haven't you a 
 knife ?" and on one being produced, he exclaimed, " That's the way, I like to 
 use a knife on such occasions," or words to that effect. They were subse- 
 quently all conducted to the pound behind the dock. Thurtell had a desk 
 before him, on which was placed a volume of the Newgate Calendar, an Al- 
 manack, and some pens and paper, of which he made free use in the course 
 of the day. 
 
 Previous to the arrival of the Learned Judge, Mr. Andrews and Mr. Chitty, 
 Mr. Williams and Mr. Phillips, crossed the court, and proceeded to the 
 prisoners, and held a personal consultation with their clients. The object of 
 Messrs. Williams and Phillips' interview was, we understand, to recommend 
 to Probert, in any evidence he might be called upon to give, to tell the whole 
 truth, and every thing he knew touching the crime imputed to him and his 
 associates : for if he should take a different course, he was still liable to be 
 himself indicted and tried the condition of his being a witness for the crown 
 being, that he should make a candid and correct statement of all that came 
 within his knowledge. Probert promised to abide by this advice, and the 
 counsel shortly afterwards returned into court. 
 
 The witnesses who had arrived the preceding night, were now brought to 
 the court-house, and placed in a room by themselves. Thomas Thurtell 
 came down in the care of Bishop, the Turnkey of Newgate, and one of his 
 assistants ; he was removed, as before, by a writ of Habeas Corpus. Mrs. 
 Probert was accompanied by a friend, and on being brought into the passage
 
 30 
 
 of the court, she was greatly affected, and cried with much bitterness ; when 
 she subsequently heard that her husband had been removed from the bar, 
 she became more calm. 
 
 At eight o'clock precisely, Mr. Justice Park arrived, and with some diffi- 
 culty was, from the dense crowd on the Bench, enabled to take his seat. As 
 soon as his Lordship was seated, he gave public notice to the auditory, that 
 such persons as had seats must be seated, and those who had not must leave 
 the court, in order to prevent pressure and the stagnation of the air. 
 
 Mr. Knapp, the Clerk of the Arraigns, then ordered Mr. Wilson, the 
 gaoler, to place the prisoners at the bar. 
 
 Mr. Wilson and his assistants withdrew. [A considerable time elapsed be- 
 fore the prisoners appeared.] 
 
 Mr. Knapp desired to know the cause of the delay ? 
 
 One of the Under Sheriffs assistants informed the court, that the pri- 
 soners were having their irons removed. 
 
 A delay of at least ten minutes then ensued. The bustle and noise which 
 had prevailed from the first opening of the court had not yet subsided. In 
 this interval, Mr. Jay and Mr. Fenton, the attorneys for the prisoner Thurtcll, 
 having left their client after the consultation above-mentioned, were ^Inig- 
 gling to find their way through the crowd, for the purpose of obtaining places 
 near the prisoner's counsel, and having reached the point intended, and there 
 being great noise and confusion in the effort; 
 
 Mr. Justice Park inquired who were the persons thus increasing the dis- 
 turbance ? 
 
 Mr. Fenton and Mr. Jay respectfully intimated that they were the attor- 
 neys in the case. 
 
 Mr. Justice Park, with considerable warmth, said, " Nonsense ; it is only 
 just to make a fuss ; you ought to be here at seven o'clock in the morning." 
 
 Mr. Jay respectfully suggested, that himself and Mr. Fenton had occasion 
 to communicate with their client. 
 
 Mr. Justice Park. You ought to be here early in the morning. It is non- 
 sense only just to make a fuss. 
 
 Messrs. Jay and Fenton not being able to find accommodation, and upon 
 the learned Judge waving his hand, they withdrew to the epace between the 
 dock and the seats allotted to counsel. 
 
 The noise, bustle, and confusion still prevailing, 
 
 Mr. Justice Park said, If those who have nothing to do with the proceed- 
 ings will feel for the responsibility of those who have, they will make way. 
 
 Several persons occupying the seats appropriated to counsel were ordered 
 to make way, and some gentlemen at the bar, who do not usually attend the 
 Home Circuit, having been attracted by curiosity to hear the trial, were 
 accommodated with seats. Messrs. Jay and Fenton still remained standing 
 in the body of the court. 
 
 APPLICATION TO POSTPONE THE TRIAL OF 
 JOSEPH HUNT. 
 
 As soon as the prisoners were placed at the bar, 
 
 Mr. Thessiger rose, and informed the learned Judge, that preparatory to 
 the arraignment of the prisoners, he had an application to make, toundeo on 
 affidavit; the affidavit was not sworn, but it would be ready in a few 
 moments. 
 
 Mr. Justice Park. To what subject does your application relate ; is it as to 
 any thing arising before the last occasion we were here ? 
 
 Mr. Thessiger said his application was to postpone the trial of his client 
 Joseph Hunt. 
 
 Mr. Justice Park. On the former occasion, when a motion was made to 
 postpone this trial, I laid down a rule that I would not entertain any further 
 application for postponement,
 
 31 
 
 Mr. Thessiger reminded his Lordship that he had not been heard at all on 
 that occasion. , , 
 
 Mr. Justice Park. Does your affidavit state any matters of fact? 
 
 Mr. Thessic;er said that his affidavit, when sworn, would be submitted to 
 the court, ana fully explain the nature of the application he was about to 
 make. 
 
 Mr. Justice Park. Why was not the affidavit sworn before ? I have been 
 in this town since yesterday evening, and the affidavit might have been sworn 
 at my lodgings. 
 
 Mr. Thessiger. My Lord, it could not be sworn until your Lordship came 
 into court, my client being a prisoner. 
 
 Mr. Justice Park. That's true ; I beg pardon. 
 
 During this discussion, Mr. Harmer was employed in engrossing two 
 affidavits, one to be made by Hunt, and the other by Mr. Noel, the solicitor. 
 
 Mr. Gurney. Perhaps Mr. Thessiger will have the goodness, whilst the 
 affidavits are swearing, just to state the nature of the motion which he pro- 
 poses to found upon them. 
 
 Mr. Thessiger. The nature of the application I am to make is, that the 
 trial of Joseph Hunt may be put off, in order to enable him to apply in ano- 
 ther quarter, upon the promises of favour which have been held out to him by 
 the magistrates. 
 
 Mr. Justice Park. Will that point be acceded to by the counsel for the 
 crown ? 
 
 Mr. Gurney. I certainly cannot accede to such a proposition. 
 
 Mr. Justice Park. But is this a sort of motion which can be entertained 
 after plea pleaded ? 
 
 Mr. Thessiger reminded his Lordship, that on the former occasion he hat 
 declared that he would not entertain a motion to put oft' the trial until tnc 
 parties had pleaded. This was a motion to put off the trial of his client, ana 
 ne apprehended that this was the only proper period at which such an appli- 
 cation could be entertained. For this proposition, he was fortified by au ex- 
 press authority. 
 
 Mr. Justice Park. State your authority. 
 
 Mr. Thessiger cited the case of the King v. Rudd, Leach's crovm cases ; in 
 which Mr. Justice Aston said that the motion could only come before the 
 court upon an application to put off the trial, in order to give the prisoner 
 time to apply elsewhere. 
 
 Mr. Justice Park.. I have read that case with great attention, and have com- 
 muned with other persons of my own order upon it, and I don't find that it 
 was not a motion made before plea pleaded. Now, whenever a prisoner's 
 plea is pleaded and recorded (and here the prisoner's plea is upon the record), 
 I apprehend it is impossible to entertain an application of the nature sug- 
 gested. The plea being on the record, I dare not order it to be taken off, and 
 therefore you must now go to the crown to attain the object in view. After 
 the trial, it may still be competent to the prisoner to apply to the crown. 
 
 Mr. Thessiger. Unquestionably, my Lord, but still 
 
 Mr. Justice Park. I will hear the facts. 
 
 Mr. Thessiger dropt some expression, importing that the trial was 
 hastened on. 
 
 Mr. Justice Park. Don't say that. You stated that you had a motion to 
 make ; you ought to have been prepared before. 
 
 Mr. Thessiger. I can't explain why we were not prepared before. 
 
 Mr. Justice Park. I only mention that the expression hastened on is not 
 quite correct. 
 
 Mr. Thessiger. I am sure I meant to impute nothing to your Lordship 1 . 
 
 Mr. Justice Park. Let the affidavits be read. 
 
 The following was then read : 
 
 " HERTFORDSHIRE. The King v. Joseph Hunt on a charge of murder. 
 Joseph. Hunt, the above-named, defendant, maketh oath and saith, that on
 
 32 
 
 the morning of Wednesday, the S9th of October last, he was taken into cus- 
 tody, at his lodgings in King-street, Gulden-square, by Ruthvcn and Upson, 
 two police-officers, and conveyed by them, first to Bow-street and afterwards 
 to Watford, in the county of Herts ; and this deponent further saith, that 
 when he arrived at the latter place, an investigation was going on before 
 Robert Clutterbuck and J. F. Mason, Esquires, assisted by Mr. Noel, a soli- 
 citor, respecting a murder then supposed to have been recently committed in 
 that neighbourhood ; and this deponent saith, that during the journey the 
 officers endeavoured to draw him into conversation, and frequently interro- 
 gated and importuned him as to his knowledge of the supposed murder ; and 
 immediately on his arrival at Watford, he was conveyed into the room where 
 tlie before-mentioned magistrates and Mr. Noel were assembled, when Mr. 
 Noel, addressing this deponent, said, ' Mr. Hunt, whatever you know of 
 this murder, for God's sake tell, in the presence of these magistrates, and 
 in all probability you will be admitted as King's evidence.' And this de- 
 ponent saith, that fearing he might be involved in difficulty, if he made a 
 disclosure without a full promise of indemnity, he declined making any con- 
 fession or acknowledgment on the vague promise thus held out to him, and 
 told Mr. Noel and the magistrates that he knew nothing of the business. 
 Whereupon Mr. Noel said, ' It is clear, Mr. Hunt, that Mr. Weare has 
 been murdered, and we only want to find where the body is; and if you 
 know, for God's sake tell u, and you will be safe.' But as "this deponent 
 still denied all knowledge of the circumstance, both the magistrates, Mr, 
 Clutterbuck and Mr. Mason, said, ' Mr. Hunt, you had better retire and 
 consider the offer made to you, and recollect your perilous situation.' And 
 this deponent further saith, that he was then taken into another room, and 
 while there with Ruthven and Upson, Mr. Noel came to him, and, in their 
 presence, again interrogated him most minutely, evidently with a view to 
 obtain a confession; but not succeeding in his object by this mode of impor- 
 tunity, both he and the officers most earnestly advised the deponent, for the 
 sake of his wife and mother, to save himself by making a disclosure; and 
 Mr. Noel expressly said, that the magistrates had given him a posit'nre as- 
 surance, and had authorized him so to inform this deponent, that if he would 
 tell where the.body was to be found, his life should be spared. And this 
 deponent saith, that Upson then said, ' Hunt, you have a mother?' Depo- 
 nent answered, ' Yes, he had.' ' And a wife also?' Deponent told him 
 he had. He then asked, ' Do you love them?' Deponent replied, 'Yes, 
 very dearly.' ' Then,' said he, ' for their sakes, do not risk suffering a 
 terrible death, but give your evidence immediately; for if you delay, Probert 
 or the other may disclose, and then you will be too late, and nothing can 
 save you.' And this deponent saith, that this mention of his family greatly 
 affected him, and Mr. Noel perceiving that this deponent's resolution was 
 shaken, repeated the observations and arguments of the officer, and said, 
 ' Mr. Hunt, you have now a chance; for Gad's sake, and the sake of your 
 family, avail yourself of the offer which is now made to you : for I am 
 authorized to say that the magistrates will not only admit you a witness 
 for the crown, but will take care that you are not treated like the other 
 prisoners ; you will merely be confined until the trial to give your 
 evidence, and then discharged.' And this deponent saith, that having 
 his feelings worked upon in the manner above described, and fully 
 relying on the assurances made him of his being admitted as a witness 
 for the crown, he consented to make the desired confession. Mr. Noel then 
 asked this deponent if he knew where the body was deposited. Deponent 
 answered ' Yes, he did; and that he could show the spot, although he xxmld 
 not name the place ; ' whereupon Mr. Noel struck his hand upon the table, 
 and exclaimed, ' That's all we want ; ' and shaking me by the hand, said, 
 ' I am very glad, Hunt, you have taken our advice and saved your own life. 
 Now come before the magistrates and tell us what you know.' And this 
 deponent further saith, that he was then taken into the room where the
 
 33 
 
 magistrates were, and Mr. Noel, addressing them, said ' Gentlemen, I anv 
 happy to tell you Mr. Hunt is ready to tell you every thing he knows. I 
 have already informed him that you will admit him as an evidence, but it 
 may be more satisfactory to him to hear it from yourselves before he begins 
 his statement ;' and both the raagis-trates thereupon informed this deponent 
 that he might safely disclose to them all he knew, and that he should be 
 received as a witness for the crown. Mr. Noel then said, ' Mr. Hunt, I hope 
 you are perfectly satisfied with the magistrates' decision. Now take a seat, 
 and let us know all about it.' And the magistrate asked this deponent to 
 take some refreshment before-he commenced ; and some brandy and water 
 was brought to him. And this deponent further saith, that he immediately 
 proceeded to relate, in as circumstantial a manner as the exhausted state of 
 his mind enabled him, all the facts that had come within his knowledge 
 relating to the offence in question ; and after his narrative was conpluded, he 
 was left in charge of the officers until the morning should be further advanced, 
 when he was to accompany them to point out the place where the body was 
 secreted. And this deponent further saith, that as his statement was not 
 commenced until long after midnight, and he had been many hours previ- 
 ously suffering great anxiety and perturbation, he accidentally omitted to 
 mention many circumstances which had taken place, but as soon as they 
 occurred to his recollection he sent for Mr. Noel and communicated them to 
 him. And this deponent further saith, that he went with the officers and 
 Mr. Noel and showed them where the body was deposited ; and it was in 
 consequence of this deponent's information alone, that the corpse was disco- 
 vered. And this deponent further saith, that he was afterwards taken before 
 the magistrates, when the additional facts which he had communicated to 
 Mr. Noel and the officers were mentioned, and these were, as this deponent 
 believes, added to his former statement ; and deponent was, on this occasion, 
 told, that, as in the hurry and confusion of the night, he had most probably 
 omitted many facts which he might afterwards recollect, he had oniy, when 
 any thing occurred to his memory, to mention it in a letter addressed to the 
 magistrates, and it should be immediately attended to. And Mr. Clutter- 
 buck gave directions that deponent should be treated with kindness during 
 his confinement, and provided with every thing necessary for his support. 
 And this deponent saith, that he was accordingly treated most kindly in his 
 way to gaol, and likewise during his stay at St. Albans. And this deponent 
 saith, that he was afterwards brought before .the coroner, when the inquest 
 was holding on the body of the deceased, and on that occasion several of the 
 magistrates were present, who, aware that this deponent had been positively 
 promised and virtually admitted a witness for the crown, pressed the coroner 
 to examine this deponent on oath, but the coroner, although he took this 
 deponent's statement, declined administering the oath to him." 
 
 The affidavit of Mr v John Noel, Gent., Atlorney-at-law, of Great Ormond- 
 street, Queen-square, was then read. It stated, that the deponent had been 
 on terms of intimacy with the late Mr. William Weare ; that, upon hearing 
 a report of a suspicion that Mr. Weare was murdered, he went down to Wat- 
 ford, and found an investigation going on before the Magistrates, relating to 
 the supposed murder; that Mr. Clutterbuck and Mr. Mason, who were en- 
 gaged in the investigation, readily accepted deponent's assistance therein, and 
 after being engaged for many hours in ascertaining the circumstances of the 
 case, and in endeavouring to find the body, without effect, it was deemed ne- 
 cessary and advisable to make an overture to the prisoner Hunt, to induce 
 him to discover it, and make a full and voluntary confession ; that deponent, 
 with the sanction and by the direction of the said Magistrates, communicated 
 the offer to Hunt, that if he would make a full disclosure (provided he had 
 no hand in the actual commission of the murder) of all the circumstances of 
 the murder, he would be received as a witness for the crown ; that previous 
 to Hunt's confession, he (Mr. Noel) assured the prisoner, with 'the approba- 
 tion of the magistrates, that if he would give any evidence, or make any dis- 
 
 V
 
 34 
 
 closure as to the place where the body was concealed, he would be entitled 
 to a merciful consideration ; that it vras the opinion of the magistrates, and 
 the firm belief of deponent, that unless Hunt had pointed out the body of Mr. 
 Weare, it would never have been found ; that nobody would have thought 
 of examining or searching so insignificant a spot as that where it was con- 
 cealed, especially as it was at the distance of three miles and a half from the 
 place where the murder was committed ; the opinion being, that it had been 
 thrown into the Thames, and never would be recovered ; and that deponent 
 told Hunt, when he was under examination before the coroner, that there 
 would be no breach of faith towards him, and that the magistrates would 
 keep their promise. 
 
 Whilst this affidavit was reading, Mr. llooke, the Coroner, who was in 
 court, said he could confirm part ot Mr. Noel's statement. 
 
 Mr. Harmer then took his instructions for an additional affidavit on the pa,rt 
 of Mr. Rooke. 
 
 Mr. Thessiger applied for time until Mr. Rooke's affidavit could be pre- 
 pared. 
 
 Mr. Justice Park. I can make no order about it. 
 
 Mr. Thessiger said he did not know until this moment that Mr. Rooke 
 could depose to any fact material to the motion. 
 
 Mr. Justice Park then asked Mr. Gurney if he had any answer to the affi- 
 davits just read? 
 
 Mr. Gurney said he was not prepared with any direct answer to these affi- 
 davits ; but having heard from rumour since the last assizes, that some such 
 application as this would be made, he had given directions that affidavits for 
 the crown should be prepared in anticipation of what would probably be ad- 
 duced for the prisoner. Affidavits had accordingly been prepared, and if his 
 Lordship was of opinion that the affidavits just read required any answer, he 
 was ready to put in the affidavits alluded to. 
 
 Mr. Justice Park. If you think proper, in your discretion, to put in the 
 affidavits^you mention, I will receive them. It is entirely in your own dis- 
 cretion. If you don't think proper to read them, I shall give no direction at 
 all upon the subject. 
 
 At this moment the proceedings were interrupted by the introduction into 
 court of a person in custody of a sheriff's officer, charged with making a noise 
 in the lobby leading to one of the galleries. From the sitting of the court the 
 greatest noise and confusion had prevailed outside, and Mr. Justice Park had 
 repeatedly given directions to the officers to bring any person into court who 
 benaved disorderly. 
 
 The offender, whose name was John Grozer, a shoemaker in Maidenhead- 
 street, Hertford, was (upon the complaint of the officer, which was denied by 
 the former) committed during pleasure. 
 
 Mr. Justice Park. Don't let nim be in hearing. 
 
 Mr. Gurney then put in the affidavits of Robert Clutterbuck, Esq., an 
 James F. Mason, Esq. the magistrates, which were read by Mr. Knapp. 
 
 They stated, that it having been reported to them on the 28th of October, 
 1823, that a murder had been suspected to have been committed in the 
 neighbourhood of Gill's-hill, they caused to be apprehended certain persons 
 suspected to be concerned in the said murder ; mat John Thurtell, who now 
 stands charged as principal in the murder of Mr. William Weare; Joseph 
 Hunt, who now stands charged as being accessary in the said murder; 
 and William Probert, who lived at Gill's-hill, where the murder was sus- 
 pected to have been committed, were brought before them, charged with 
 being guilty of the said suspected murder ; that thereupon several witnesses 
 were brougnt before them to give evidence, and having given evidence, caused 
 them to believe that a murder had been committed on the body of William 
 Weare, but after considerable inquiry and search, the body could not be 
 found ; that Mr. Noel was present during the greater part of the time such 
 witnesses were examined ; that they conceived that Mr, Noel was attending
 
 35 
 
 as the professional friend 'of the friends of the deceased ; that on the 20th 
 October, after several witnesses were examined, and their depositions taken, 
 the said Joseph Hunt was alone interrogated by deponents, but on that occa- 
 sion nothing was said to him by them importing that if he made a voluntary 
 confession he would be received as a witness for the crown ; that, on the 
 contrary, about the close of the examination on that day, the said Mr. Noel 
 stated to them, that the said Joseph Hunt wished to make a full and free 
 confession, and give evidence for the crown ; that thereupon Mr. Noel went 
 out and presently returned, informing them that Joseph Hunt had made a 
 disclosure of the parties concerned in the alleged murder; that deponents 
 said they were ready to hear, if the prisoner was willing to make such 
 disclosure; that neither of deponents gave to Mr. -Noel any authority to 
 inform the said Joseph Hunt that if he would merely discover where the 
 body was, application would be made to the crown to admit him as King's 
 evidence; and both deponents say, that upon the information of the said 
 Joseph Hunt, and declaring himself that he was willing to make a disclo- 
 sure of all he knew of the murder, he was' admitted into deponents' pre- 
 sence, and then informed by them, that, provided he made a full disclosure 
 of every thing he knew concerning the murder, application might be made 
 to the court at his trial to have him admitted, but that these deponents could 
 not give any assurance that his request would be granted ; that the said 
 Joseph Hunt made certain confessions, and afterwards discovered the body 
 of William Weare ; but from circumstances which had since come to their 
 knowledge, they verily believed that in such confessions he did not make a 
 full disclosure of every thing he knew concerning the said murder; but, on 
 the contrary, such confession was materially defective and untrue. 
 
 Mr. Gurney then said, he must apprize the learned judge that the state- 
 ments which were made by Hunt were not made on oath : even the state- 
 ment before the coroner was not so made, although Hunt had said the con- 
 trary in his affidavit. Had the statement before the coroner been taken on 
 oath, it would have been returned by the coroner with the other depositions. 
 Supposing it to have been so taken, he (Mr. G.) should not now desire it to 
 be read, in mercy to the prisoner. In the present stage of the proceedings, 
 he did not think it necessary to lay before the court other affidavits, for the 
 purpose of showing that Hunt had privately communicated facts to different 
 individuals, which he did not state either before the magistrates or the co- 
 roner. 
 
 Mr. Justice Park. I certainly do not see the necessity of such affidavits ; 
 and, if they were read, they would to a certain degree prejudice the prisoner, 
 which ought on every account to be avoided. I am aware of the difficulty, 
 the very great difficulty of avoiding prejudice in these cases; but this is an 
 evil in the present case, which is in some measure to be attributed to the 
 parties themselves. On the former occasion, when affidavits were produced 
 to postpone the trial, to my utter astonishment, those very affidavits were at 
 that moment printed in a newspaper, although the prisoner's counsel, in- 
 structed by the prisoner's attorney, urged the court to prohibit the publica- 
 tion. I was then averse from the reading of those affidavits, lest they 
 might be calculated to prejudice the prisoners, hut a different course was 
 adopted. If there be any thing stated in the affidavits at all tending to pre- 
 judice the prisoner, I should prevent their being read. Without stating any 
 specific fact, perhaps it will be sufficient for your purpose, Mr. Gurney, just 
 to state the object which you have in view by producing an additional affidavit. 
 
 Mr. Gurney. It would appear from the additional affidavit, that of the 
 facts stated privately by Hunt to other persons (which are very important,) 
 we do not find one word either in his account of the transaction before the 
 magistrates, or the coroner. The only object of the affidavit would be to 
 confirm what is stated by the magistrates, on their information and belief, 
 that the prisoner did not make a Full confession ; but I would rather forego
 
 36 
 
 something in a cape of this kind, than do any thing which could by possi- 
 bility create prejudice. 
 
 Mr. Justice Park. That is the feeling of my mind. Would this answer 
 your purpose? I entertain so much respect for Mr. Thessiger, and what I 
 say to him I would say to the prisoner's other legal adviser (Mr. Harmer,) 
 that if they" both think proper they may look at Mr. Gurney's affidavit, and 
 perhaps that will answer their purpose. I wish to throw no unpleasant 
 burdens upon either of them, but I think that will be sufficient for them. 
 
 Mr. Thessiger said he" was certainly anxious to be informed, when and 
 under what circumstances the private conversations alluded to took place. 
 
 Mr. Gurney said he would show his learned friend copies of the affidavits 
 alluded to. 
 
 The affidavit of Benjamin Rooke, Esq. the coroner, being now completed 
 and sworn, was handed in and read. It stated that upon the inquest before 
 deponent, Mr. Clutterbuck, the magistrate, told Hunt there would be no 
 breach of faith in the promise made by him. 
 
 Copies of the affidavits of Mr. Rexworthy, and Upson, the Bow-street 
 officer, were then handed to prisoner's counsel. 
 
 Mr. Gurney then asked the prisoner's counsel if he had any objection to 
 his stating to the court the object of the affidavits now produced ? 
 
 Mr. Thessiger replied that he had no objection. 
 
 Mr. G. I nave now shown my learned friend copies of Rexworthy 's and 
 Upson's affidavits, and my learned friend has no objection to my stating that 
 which I am now about to state, which will be less prejudicial to the prisoner 
 than reading the affidavits themselves, and that is this : Your lordship will 
 find, (having read the account of Hunt's evidence before the magistrates and 
 the coroner,) that he has not stated that he had any previous knowledge of 
 the murder being to be committed ; he makes himself, therefore, an accessory 
 after the fact ; that, upon the statement which your lordship now holds in 
 your hand, there are other things vrbich are not included in either of these 
 accounts, which are very important, and which go to prove a crime of a dif- 
 ferent description. I believe I have, with as much delicacy as possible, for- 
 borne to Mate what would be prejudicial to the prisoner; but I must not for- 
 ' bear to state that which is essential, namely, that he did not, in either of those 
 accounts, swear that he did not make a full disclosure of that which he 
 knew. 
 
 Mr. Thessiger then addressed the bench in support of his original motion. 
 It was now the time to address his lordship upon the facts disclosed in the 
 affidavits now read; but, if there was still existing in his lordship's mind any 
 objection on the ground of the prisoners having pleaded before the application, 
 he must address himself to that point, to obviate that objection, in the first 
 instance, before he pressed upon his lordship the substantial grounds of the 
 application. He (Mr. T.) was not sufficiently prepared on the former oc- 
 casion to bring this question properly before the court on affidavit. It was 
 only a short time before that he had been retained for the prisoner, and he 
 had therefore had no time to give any directions for the drawing up of the 
 requisite affidavits. Indeed, if the trial had then taken place, he should 
 have been compelled to make this application upon very imperfect grounds. 
 As he was on that occasion partly taken by surprise, he trusted that the delay 
 which had since taken place, owing to his lordship's decision, postponing the 
 trial, would not be considered any objection to his present application. In- 
 deed, the present was the only way in which he could bring the circumstances 
 detailed in his affidavit before the court. He felt that he was authorized by 
 the case which he had already cited, to move for a further delay of this trial. 
 Mow the question of delay would depend, in this case, upon the right of the 
 magistrate to admit a prisoner who was an accomplice, and was willing to 
 make a disclosure, as evidence for the crown. He did not pretend to question 
 the law, which had been laid down in the case of the King v. Rudd, and very
 
 37 
 
 lately in a case which had come before his ktrdship that a magistrate had no 
 direct power to say that a party should be pardoned on giving evidence 
 against his associates ; but he apprehended that indirectly they had such 
 power, and that the ordinary practice was to sanction any promise of pardon 
 held out under such circumstances by the magistrate. That practice had 
 succeeded the application of torture, and had now prevailed for more than 
 150 years; and in all that time there had been only one case in which a 
 magistrate's promise to a prisoner had tither been questioned or violated, 
 and that case was attended by such special circumstances as clearly took it 
 out of the general rule. The affidavits which had just been read to his lord- 
 ship would inform him, that at the outset of this examination every thing was 
 in darkness ; that it was absolutely necessary, to the commencement of this 
 investigation, that a certain fact should be disclosed, and that every subsequent 
 point hinged upon it. The magistrates, naturally and laudably enough, were 
 anxious to arrive at that point. On ordinary occasions, he knew it was not 
 usual to receive the evidence of an accomplice, unless he made a full and fair 
 disclosure of all the circumstances of guilt in which he had been implicated; 
 but he apprehended that in a case of particular importance and atrocity, the 
 magistrate had indirectly, though not directly, a right of giving to the pri- 
 soner a promise of eventual safety on the disclosure of that particular fact on 
 which all the subsequent proceedings must naturally depend. There was no 
 person in that court who would question this point. 
 
 Mr. Justice Park. I, for one, question it, for I don't know how it ap- 
 pears, and I hope the jury also will question it. 
 
 Mr. Thessiger, in continuation, said, it had been laid down by one of the 
 most distinguished judges that ever adorned the bench, that no man could 
 be convicted of- murder unless the body was found. If that principle was 
 correct, there was no case, perhaps, to which it was more strikingly appli- 
 cable than the present. But for the disclosure made by his unfortunate 
 client, by pointing out where the body was deposited, the present solemn 
 inquiry never could have been instituted. It was sworn in the affidavits, 
 most distinctly, that until that disclosure every body remained ignorant of 
 the place where the body was concealed. He would, therefore, take upon 
 himself to say, that, but for that disclosure, his lordship and the jury would 
 not have been assembled on the present occasion. If, then, his client had 
 been induced to communicate so essential a fact, under a promise, however 
 defective in point of authority, on the part of those who made it, still it en- 
 titled him, in the hour of peril, to the merciful protection of the law. Sup- 
 posing the magistrates, without even the colour of authority, had induced 
 him to confess, upon the hope of mercy, still it was sufficient to protect him 
 from prosecution. Supposing the condition had been a full disclosure of 
 every particular, still, if the prisoner had communicated only a part of the 
 transaction, the mercy of the crown ought to be extended to him. In this 
 situation his client now stood; a solemn promise had been held out, that if 
 he would only disclose where the body was to be found, he should be admit- 
 ted as a witness for the crown. Admitting, for the sake of argument, that 
 the magistrates had acted incautiously and imprudently in giving such a 
 pledge, yet the interests of public justice, and a respect to public opinion, 
 required that pledge should now be held sacred. 
 
 Mr. Justice Park interposed, and said he could not listen to this 4 latter 
 topic. " I have heard enough already," his lordship said, " of public fame 
 about t.hi& matter." 
 
 Mr. Thessiger said, in continuation, that certainly when public opinion was- 
 inflamed by undue excitement, he should not urge such a topic on such an 
 occasion ; but when reason assumed its sway, and the roice of truth and 
 impartiality cried aloud, he humbly submitted that public feeling was not an 
 improper topic to urge on such an occasion. 
 
 Mr. Justice Park. Your arguments may be very properly addressed to the 
 cro wn ; but I, sitting her* as a judge, cannot attend te public opinion.
 
 38 
 
 am to act according to the law of the land, and the dictates of my conscience, 
 and am not to be driven from duty by popular applause on the one hand, or 
 jx)pular censure on the other. 
 
 Mr. Thessiger. Then I call upon your lordship, on reasons of public in- 
 terest, which you sit there to protect. 
 Mr. Justice Park. Certainly, I hope so. 
 
 Mr. Thessiger then said, he would ask his lordship whether, considering 
 how important it was, that persons who had been concerned in guilt should 
 be induced to give evidence against their accomplices, and considering how 
 difficult it was in some cases to attain public justice without their aid, was it 
 not of the greatest importance to hold out to them the example of keeping 
 faith without regard to peculiar circumstances or temporary expedients ? Did 
 not public interest require that the magistracy should not have their discre- 
 tion called in question, or their conduct fettered by restrictions, by inquiries 
 whether they had properly or improperly exercised their powers ? The public 
 interest demanded that the magistrates should be permitted to act with 
 promptitude in sudden emergencies; and if the court ! refused the present 
 application, the refusal must necessarily imply a stigma upon the conduct of 
 these magistrates, who would thereby be deemed to have acted incautiously, 
 improperly, and irregularly. He trusted he had urged the topics which he 
 thought it necessary to press on behalf of his client, with proper decency and 
 respect to the court. He felt himself bound to speak with warmth as to what 
 he must consider a breach of faith towards his unhappy client, who, against. 
 the solemn promise held out to him, now stood on the verge of the most 
 awful trial to which a human being could be exposed. These were the ob- 
 servations he had to urge, and he waited with impatience, but with confi- 
 dence, for his lordship's decision. 
 
 Mr. Gurney was rising to reply to the motion, when 
 
 Mr. Justice Park interposed, and said, I am most clearly of opinion, that 
 although this application has been urged with great vehemence and propriety, 
 and with all that respect that is due to the court, there is no ground for 
 granting it. The argument addressed to me is more applicable in another 
 quarter than to this court. A great deal of what has been said, might be 
 properly the ground for an application to his majesty for his royal mercy, but 
 I see no reason for putting off the trial, and indeed putting off the trial would 
 not be necessary for that purpose. It is not necessary that a person should 
 be out of custody in order to enable him to apply for mercy to the throne. 
 The trial has already been put off exactly one month, during the whole of 
 which time, all the facts which have been disclosed to-day were within the 
 knowledge of the prisoner and his legal advisers. The application, therefore, 
 might have been made to the crown, and if his majesty was so pleased, he 
 might have granted him a free pardon. But no such application having been 
 made, it is not now competent to me to entertain the motion now submitted. 
 If maintainable at all, it nnust be urged in another quarter. I beg it may 
 be understood (and I do not put it on the ground that the motion is made 
 after plea pleaded,) that I refuse this application solely on the ground that I 
 hare no authority to yield to it. The case of the King v. Rudd is not an 
 authority for the present motion, as far as I understand it ; because it does 
 not appear from the report of that case, that the party had pleaded before the 
 motion was made; but at the same time it will be remembered, that Mrs. 
 Rudd.had supposed that there were promises offavouroffered to her, although, 
 in fact, there was no such promise held out. With respect to the discretion 
 exercised by the magistrates, there can be no doubt that those respectable per- 
 sons acted from the purest and best of motives, and I find no fault with any 
 thing they have done ; I won't say they have acted incautiously ; they have 
 acted according to their best lights and information ; but I say positively 
 that magistrates, as these country magistrates, have no right to exercise 
 those powers which belong to a judge of assize, and therefore their authority 
 in this respee was exceeaeo. But i is Tery we known and tne conduct of
 
 39 
 
 magistrates themselves shows that they have no such authority, for other- 
 wise, why are applications constantly made at every assizes for the leave of 
 the court that accomplices may go before the grand jury to give evidence? 
 Why, because the magistrates below have no such authority. Indeed, the 
 conduct of the magistrates in this instance, shows that they dkl not consider 
 themselves as possessing such power, for they have taken the examination of 
 this man, not upon oath. If they meant to admit him as King's evidence, 
 and if they had power so to do, they should have taken his testimony on 
 oath ; but that is not their conduct in this instance. I am of opinion, there- 
 fore, that I ought not to postpone, this trial. The circumstances disclosed in 
 these affidavits may afford a strong argument in support of an application to 
 the throne, where I have no doubt they will have their due effect ; but I dare 
 not listen to an application which it is out of my power to grant. This is 
 not an application to me, but to the throne, and as to putting off the trial, the 
 prisoner could derive no more advantage than he has already enjoyed by the 
 postponement that has already taken place for a period of one month, 
 during which he had an opportunity of applying to the crown. I do not 
 yield to the application that has now been made; and, therefore, let the trial 
 proceed. 
 
 The prisoner Thurtell. My Lord, I wish my solicitors to sit near my counsel. 
 
 The Court. Certainly, I have ordered it so long ago. 
 
 Mr. Fenton was then, with some difficulty, enabled to approach his coun- 
 sel. Mr. Jay stood in front of the dock. 
 
 Mr. Wilson (the governor of the gaol). Is Probert to be kept in the dock, 
 my Lord ? Mr. Gurney. Yes, he is, for the present. 
 
 The prisoners were then put to the bar, and Mr. Knapp, the clerk of ar- 
 raigns, apprized them in the usual form of their power of challenge, and that 
 the time of exercising it was when each juror was called in his place, and 
 before he was sworn. 
 
 The proclamation of silence being made, the list of the crown jury was 
 called for; but owing to the pressure of the crowd in every avenue to the 
 court, some delay arose in the assembling of the jurors in the box. 
 
 The prisoners appeared to pay strict attention to what was said, and bowed 
 respectfully. 
 
 The panel was then called over, and, after several peremptory challenges 
 on the part of the prisoner Thurtell, and two peremptory challenges on the 
 part of the Crown, the following Gentlemen were sworn on 
 
 THE JURY. 
 
 JOHN BROWN, of Wynyard, Gent. Foreman. 
 THOMAS BUCK, Brazier, of Bishop's Stortford. 
 REGINALD JENNINGS, Maltster. . . .ditto. 
 
 RICHARD PRYOR, Gent. .ditto. 
 
 GEORGE STARKINS, Gent ditto. 
 
 CHARLES Fox, Gent, of Hitchin. 
 JOHN RUSSELL, Shoemaker, .ditto. 
 THOMAS CHOCKLEY, Gent, of Stevenage. 
 
 WILLIAM FAULBECK, Gent ditto. 
 
 JOHN HOPEWELL, Tanner, of Chipping Barnet, 
 SAMUEL PRITCHARD, Yeoman, of Bramfield. 
 WILLIAM KIMPTON, Yeoman, of Barkway. 
 
 Mr. Knapp then charged the Jnry on the indictment against the prisoners, 
 Thurtell and Hunt, and stated that'it was as follows : 
 
 " HERTFORDSHIRE TO WIT. The Jurors of our Lord the King, upon their 
 oath, present, that John Thurtell, late of the parish of Aldenham, in th 
 county of Hertford, labourer, not having the fear of GOD before his eyes, but 
 beinor moved and seduced by the instigation of the Devil, on the 24th day of 
 October, in the year of our Lord, 1823, with force and sums, in the parish of
 
 40 
 
 Aldenham aforesaid, in the county of Hertford aforesaid, in and upon Wil- 
 liam Weare, in the pe.ace of God and our said Lord the King, then and there 
 being, feloniously, wilfully, and of his malice aforethought, did make an 
 assault, and that the said John Thurtell, with a certain pistol of the value of 
 10s., which he the said John Thurtell in his right hand then and there held, 
 the said William Weare, in or upon the left side of the head of him the said 
 William Weare, then and there feloniously, wilfully, and of his malice afore- 
 thought, did strike, force, and penetrate ; and that the said John Thurtell, by 
 such striking, thrusting, forcing, and penetrating the pistol aforesaid, in, upon, 
 and into the left side of the head of him, the said William Weare as aforesaid, 
 then and there feloniously, and of his malice aforethought, did give unto him 
 the said William/Weare, in and upon the left side of the head ot him the said 
 William Weare, one mortal fracture, of the depth of two inches, and of the 
 width of one inch, of which said mortal fracture the said William Weare did 
 then and there die. And so the Jurors, on their oaths, aforesaid, do say, 
 that the said John Thurtell, him, the said William Weare, in manner and 
 form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill 
 and murder, against the peace of our said Lord the King, his Cfown and 
 dignity ; and the Jurors aforesaid, upon iheir oath aforesaid, do further pre- 
 sent that Joseph Hunt, late of the parish of Aldenham, in the County of 
 Hertford aforesaid, not having the fear of God before his eyes, but being 
 moved and seduced by the instigation of the Devil, before the felony and 
 murder was committed by the said John Thurtell, in manner and form afore- 
 said, that is to say^ on the same day and in the year aforesaid, with force 
 and arms, at the parish of St. George, Hanover-square, in the county of Mid- 
 dlesex, aforesaid, him, the said John Thurtell, to do and commit the felony 
 and murder aforesaid, in manner and form aforesaid, maliciously, feloniously, 
 voluntarily, and of his malice aforethought, did stir up and move, abet, pro- 
 cure, command, hire, counsel, and direct, against the peace of our said Lord 
 the King, his Crown and dignity. 
 
 SECOKD COUNT. And the jurors aforesaid, upon their o^ths aforesaid, do 
 further present, that the said John Thurtell, heretofore, that is to say, on the 
 same day and in the year aforesaid, with force and arms, in the parish of 
 Aldenham, in the county of Hertford aforesaid, in and upon William Weare, 
 in the peace of GOD and our said lord the King, and there being, feloniously, 
 wilfully, and of his malice aforethought, did make an assault; and that the 
 said John Thurtell, with a certain pistol of the value often shillings, which 
 he the said John Thurtell held in his right hand, then and there, to wit, at 
 the parish of Aldenham, in the county of Hertford aforesaid, had and held 
 the said William Weare in, upon, and into the left side of the head of him 
 the said William Weare, then and there, to wit, at the parish of Aldenham, 
 in the county of Hertford aforesaid, feloniously, wilfully, and of his malice 
 aforethought, did strike, thrust, force, and penetrate ; and that the said John 
 Thurtell, by the said last-mentioned striking, thrusting, forcing, and pene- 
 trating the pistol last aforesaid, in, upon, and into the left side of the head of 
 him the said William Weare, as last aforesaid, then and there, to wit, in the 
 parish of Aldenham, in the county of Hertford aforesaid, feloniously, wil- 
 fully, and of his malice aforethought, did give unto him the said William 
 Weare, in and upon the left side of the head of the said William Weare, one 
 mortal fracture of the depth of two inches, and of the width of one inch ; and 
 that the said John Thurtell, with a certain knife of the value of sixpence, 
 which the said John Thurtell then and there, to wit, at the parish of Alden- 
 ham, in the county of Hertford aforesaid, in his right hand had and held, the 
 said William Weare in and upon the left side of the neck of him the said 
 William Weare, then and there, to wit, at the parish of Aldenham, in the 
 county of Hertford aforesaid, feloniously, wilfully, and of bis malice afore- 
 thought, did strike, wound, cut, and penetrate, and that the said John Thur- 
 tell, by such striking, wounding, cutting, and penetrating, "Jjs*" 1 William 
 Weare, in and upon the left side of the neck of him the said William Weare,
 
 41 
 
 then and there to wit, at the said parish of Aldenham, in the county of Hert* 
 lord aforesaid, feloniously, wilfully, and of his malice aforethought, did give 
 unto him the said William Weare, in and upon the left side of the neck o. 
 him the said William Weare, one mortal wound of the depth of one inch, or 
 the width of one inch, and ot the iengih cttwo inches, of which said last-men- 
 tioned mortal fracture, of which said mortal wound the said William Weare 
 did then and there, to wit, at the parish of Aldenham, in the county of Hert- 
 ford aforesaid, die. And so'thc jurors aforesaid, upon their oath aforesaid 
 do say, that the said John Thurtell, him the said William Weare, in manner 
 and form last aforesaid, feloniously, wilfully, and of his malice afore- 
 thought, then and there, to wit, at the parish of Aldenham, in the county of 
 Hertford, did kill and murder, against the peace of our said lord the King, his 
 crown and digniiy. And the jurors aforesaid, upon their oath aforesaid, do 
 further present thai the said Joseph Hunt hefore the last-mentioned felony 
 and murder was committed by the said John Thurtell in the manner and 
 form last mentioned, that is to say, en the same day in the year aforesaid, 
 with force and arms, at the parish of St. George's, Hanover-square, jn the 
 county of Middlesex, to wit, at the parish of Aldenham aforesaid, in the 
 county of Hertford aforesaid, him the said John Thurtell to do and commit 
 the felony and murder last aforesaid, in manner and form last aforesaid, 
 maliciously, feloniously, voluntarily, and of his malice aforethought, did stir 
 up, move, abet, procure., command, hire, counsel, and direct against the 
 peace of our saifl lord the King, his crown and dignity." 
 
 Mr. Knapp then further charged the jury on the coroner's inquisition with 
 the prisoners, John Thurtell, charged as guilty of the murder of William 
 Weare ; and Joseph Hunt and William Probert, charged as accessaries of the 
 said murder before the fact. 
 
 ACQUITTAL OF PROBERT. 
 
 Mr. Gurney rose and stated that it was not his i-ntention to offer any evidence 
 against the prisoner Probert, who was arraigned on the Coroner's Inquisition. 
 
 Mr. Justice Park then briefly informed the Jury, that as it was not the inten* 
 tion of the counsel for the Crown to offer any evidence against the prisoner 
 Probert, they would, of course, find a verdict of acquittal. 
 iJjTiie Jury having acquitted him accordingly, the prisoner Probert was then re 
 moved from the bar. 
 
 Mr. Justice Park then stated, that as it was the wish of the prisoners that all 
 the witnesses for the prosecution should be separately examined, all the wit- 
 nesses now present woidd of course leave the court. Mr. Justice Park added, 
 it was unnecessary for the medical gentlemen to leave the court. 
 !->Mr. Broderick, as junior counsel for the Crown, then shortly recapitulated 
 the heads of the indictment. 
 
 P>Mr. Gurney opened the case. They were now, he said, assembled for the 
 trial of the two prisoners at the bar, after a month's delay, which the court had 
 ordered. It had been obtained on the ground of the great excitement of the 
 public which hud shortly before taken place, and had not then subsided. It was 
 on the former occasion thought by his Lordship that it would conduce to th 
 more satisfactory dispensation of justice, to allow the operation of a short delay 
 to suffer passing events to subside, some of which were of a melancholy cha- 
 racter, and capable of producing a prejudicial effect. The jury had now as 
 sembled after the delay which had taken place, and prepared to proceed to this 
 tiialin that calm and temperate state of mind to enable them to administer 
 ustice with perfect satisfaction to their own minds, as well as to their country. 
 It was of greatimportance to society that a criminal should be punished, in order 
 that crime should be repressed ; but there was one thing of more importance, 
 and that was, the protection of innocence. That was the great salutary prin- 
 ciple consecrated by the laws of England, which was its distinguishing feature 
 above the code of other nations; for of little interest would it be to any man to 
 say he belonged to a country invested with every charm which could make liie 
 and property agreeable, if bis safety and lus property wer not shielded by tfe> 
 
 C
 
 42 
 
 powerful barriers of the law. In England they had happily those great secu- 
 rities. They had in the first instance the preliminary inquiry before a ma- 
 gistracy, such a magistracy as no other country enjoyed. They had next the 
 inquiry before a grand jury ; and lastly, the assistance, in a court like the pre- 
 sent, of the highest legal authorities, to hear the evidence on the one part and 
 the other; and, with the assistance of a jury composed as they were, to pro- 
 nounce finally upon the guilt or innocence of the accused. It was the peculiar 
 province of the jury to decide upon the question of guilt or innocence; and they 
 were bound to torgct, if ever they had heard, statements probably erroneous, 
 certainly unauthentic. Above all, they were bound to come to the question with 
 the most dispassionate feeling. The crime with which the prisoners stood 
 charged, was, undoubtedly, one of the most enormous magnitude ; its perpetra- 
 tion had been attended with no common ferocity. It was imputed to one of the 
 parties, that he had actually committed the murder; and to the other, that he 
 had assisted with his previous counsel and concert, and co-operated in the pro- 
 motion of the premeditated act. But in proportion to the great enormity of the 
 crime ought to be the strength of the proof; and he did not mean to ask of 
 them to pronounce a verdict of guilty, unless on such evidence as left no ra- 
 tional doubt on their minds of the fact. He repeated, that when they considered 
 the nature of the case, and the violent aggravation with which it was attended, 
 they were bound to call for very strong proof to convince them that any man 
 was capable of so dreadful an atrocity; for if the evidence he had toadduce were 
 substantiated and believed, one of the prisoners at the bar had been guilty, not 
 only of the crime of murder in all its naked atrocity, but of the murder of a man 
 with whom he had been living in habits of acquaintance, if not of intimacy. It 
 was said (whether true or not, he knew not), that the deceased had provoked one 
 of the prisoners, by doing him so.ne wrong at play ; and that the other had never 
 been injured by the man whose death he had concerted to aid in inflicting. These 
 persons, under the specious pretences of friendship, had invited the deceased to 
 accompany them upon a short country excursion; but they had invited him into 
 their company to deprive him on the same night of his life. It was emphatically 
 a aid, that murder was a crime to be perpetrated in darkness. The hour of night 
 was mostly chosen as the opportune time for its infliction ; because it was in that 
 moment of solilude thought thatne human eye could see, no ear hear the struggles 
 of the dying : darkness rendered detection more difficult. It was therefore the 
 peculiar feature of crimes of this kind that their proof often depended upon cir- 
 cumstantial evidence, which, however, was frequently found to convey, by its 
 character and combination, a demonstration as conclusive as any which could 
 arise from the operation of positive testimony. There was another species of 
 evidence, which was sometimes of necessity resorted to in cases of this nature 
 lie meant the evidence of accomplices in the crime. It was not always within 
 the power of a prosecutor to forego the evidence of an accomplice, nor even to 
 get that species of testimony, without compounding in some measure with ac- 
 knowledged guilt. Upon a very full and anxious consideration of the whole 
 of this case, those who conducted the prosecution had maturely decided upon 
 the admission of an accomplice into their evidence. The deceased, whose 
 murder was the subject of the present inquiry, was the late Mr. William Weare 
 a man, it was said, addicted to play, and, as had been suggested, connected 
 with gaming-houses. Whether he was the best, or the least estimable indivi 
 dual in society, was no part of their present consideration. The prisoner at the 
 bar, John Thin tell, had been his acquaintance, and in some practices of play 
 bad, it was said, been wronged by him, and deprived of a large sum of money. 
 The other prisoner, Hunt, was described as being a public singer, and also 
 known to Mr. Weare, but not, as he believed, in habits of friendship. Probert, 
 who was admitted as an accomplice, had been in trade a spirit-dealer, and 
 rented a cottage in GiH's-hill-lane, near Elstree. It was situate in a by-lane, 
 going out of the London-road to St. Alban's, and two or three miles beyond 
 Klstree. The cottage of Probert was, it would appear, selected from its seclu- 
 sion, as the fit spot for the perpetration of the murder. Probert was himself 
 much engaged in London, and his wife generally resided at the cottage, which 
 was a small one, and pretty fully occupied in the accommodation of Mrs. 
 Probert, her sister, (Miss Noves,) some children of Thomas ThurteH's, (the 
 prisoner's brother,) and a maid and boy servant. It should seem, from what 
 bad taken place, that tUe dec6*ed had been invited by John Tlumdi, t
 
 43 
 
 this place to enjoy a day or two's shooting. It would be proved that the pri- 
 *oner Thin tell met the deceased at a billiard-room, kept by one Rexworthy, on 
 the Thursday night (that previous to the murder). They were joined there by 
 Hunt. On the forenoon of the Friday, he (deceased) was with Rexworthy at 
 the same place, and said he was going for a day's shooting into the country. 
 Wtare went from the billiard-rooms between three and four o'clock to his cham- 
 bers in Lyon's inn, where he partook of a chop dinner, and afterwards packed up, 
 in a green carpet bag, some clothes, and a mere change of linen, suchasajourney 
 for the time he had specified might require. He also took with him when he lelt 
 his chambers, in a hackney coach, which the laundress had called, a double-bar- 
 relled gun, and a backgammon box, dice, &c. He left his chambers in this man- 
 ner before four o'clock, and drove first to Charing-cross, and afterwards toMad^ 
 dox-street, Hanover-square; from thence he praceeded to the New-road, where he 
 went out of the coach, and returned after some time, accompanied by another per- 
 son, and took his things away. Undoubtedly the deceased left town on that even- 
 ing with the expectation of reaching Gill's-hill cottage ; but it had been previously 
 determined by his companions, that he should never reach that spot alive. He 
 would here beg to state a few of the circumstances which had occurred antece- 
 dent to the commission of the crime. Thomas and John Thurtell were desirous 
 of some temporary concealment, owing to their inability to provide the bail re- 
 quisite to meet some charge of misdemeanor, and Probert had procured for 
 them a retreat at Tetsall's, the sign of the Coach and Horses, in Conduit-street, 
 where they remained for two or three weeks previous to the murder. On the 
 morning of Friday, the 24th of October, two men, answering in every respect 
 to the description of John Thurtell and Hunt, went to a pawnbroker's in Mary- 
 le-bone, and purchased a pair of pocket-pistols. In the middle of the same 
 day, Hunt hired a gig, and afterwards a horse, under the pretence of going to 
 Dartford in Kent ; he also inquired where he could purchase a sack and a rope, 
 and was directed to a place over Westminster-bridge, which, he was told, was 
 on his road into Kent. Somewhere, however, it would be found that he did 
 procure a sack and cord, and he met the same afternoon, at Tetsall's, Thomas 
 Thurtell and Noyes. They were all assembled together at the Coach and Horses 
 in Conduit-street. When he made use of the names of the two last individuals, 
 be begged distinctly to be understood as saying, that he had no reason to believe 
 that either Thomas ThurteJl and Noyes were privy to the guilty purpose of the 
 prisoners. Some conversation took place at the time between the parties, and 
 Hunt was heard to ask Probert if he would be hi what they (Hunt and John 
 Thurtell) were about. Thurtell drove off from Tetsall's between four and live 
 o'clock to take up a friend, as he said to Probert, " to be killed as he travelled 
 with him;" an expression which Probert said at the time he believed to have 
 been a piece of idle bravado. He requested Probert to bring down Hunt in his 
 own gig. In the course of that evening, the prisoner Thurtell is seen in a gig, 
 with a horse of a very remarkable colour. He was a sort of iron grey, with a 
 white face and white legs very particular marks lor identity. He was first 
 seen by a patrole near Edgeware ; beyond that part of the road he was seen by 
 the landlord ; but from that time of the evening until his arrival at Probert's 
 cottage on the same night, they had no direct evidence to trace him. Probert, 
 according to Thurtell's request, drove Hunt down in his gig, and, having a bet- 
 ter horse, on the road they overtook Thurtell and Weare in the gig, and passed 
 them without notice. They stopped afterwards at some public-house on the 
 road to drink grog, where they believe Thurtell must have passed them unper- 
 ceived. Probert drove Hunt until tiiey reached Philliraore-lodge, where he 
 (Hunt) got out, as he said by Thurtell's desire, to wait for him. Probert from 
 thence drove alone to Gill's-hill cottage, in the lane near which he met Thurtell, 
 on foot, alone. Thurtell inquired, Where was Hunt, had he been left behind ? he 
 then added, that he had done the business without his assistance, and had 
 killed his man. At his desire, Probert returned to bring Hunt to the spot, 
 when he (Probert) went to Hunt for that purpose. When they met, he told 
 Hunt what had happened. " Why it was to be done here," said Hunt (point- 
 ing to nearer Phillimore-lodge), admitting his privity, and that he had got 
 out to assist in the commission of the deed. When Thurtell rebuked Hunt 
 for his absence ; " Why, (said the latter,) you had the tools." " They 
 were no good," replied Thurtell; " the pistols were no better than pop- 
 g&ns. 1 fired at Iris Cheek, aud it glanced off" that Weare ran out of th*
 
 44 
 
 gig, cried for mercy, and offered to return the money he had robbed him ot 
 that he (Thurtell) pursued him up the lane when he jumped out of the gig. 
 Finding the pistol unavailing, lie attempted to reach him by cntting the pen- 
 knife across his throat, and ultimately finished him by driving the barrel of the 
 pistol into his head, and turning it in his brains, after he had penetrated the 
 forehead. Such was the manner in which Thurtell described he had disposed 
 of the deceased, and they would hear from Probert what he said on the occa- 
 sion. A gig was about that time heard to drive very quickly past Probert's 
 cottage. The servants expected their master, and thought he had arrived ; but 
 be did not make his appearance. Five minutes after that period, certain per- 
 sons, who would be called in evidence, and who happened to be in the road, 
 distinctly heard the report of a gun er pistol, which was followed by voices, as 
 if in contention. Violent groan* were next heard, which, however, became 
 fainter and fainter, and then died away altogether. The spot where the report 
 of the pistol and the sound of groans were heard, was GiU's-hill-lane, and near 
 it was situated the cottage of Probert. They had now, therefore, to keep in 
 mind, that Thurtell arrived at about nine o'clock in the evening at Probert's 
 cottage, having set off from Conduit-street at five o'clock ; and though he had 
 been seen on the road in company with another person in the gig, yet it ap- 
 peared that he arrived at the cottage alone, having in his possession the double- 
 barrelled gun, the green carpet-bag, and the backgammon-board, which Mr. 
 Weare took away with him. He gave his horse to the boy, and the horse ap- 
 peared to be in a cool state, which corroborated the fact that he had stopped a 
 good while on his way. He left Conduit-street, it should be observed, at five, 
 and arrived at the cottage at nine a distance which, under ordinary circum- 
 stances, would not have occupied much more than an hour. The boy inquired 
 after Probert and Hunt, and was told that they would soon be at the cottage. 
 At length, a second gig arrived, and those two persons were in it. They rode, 
 while Thnrtell, who went to meet them, walked with them. The boy having 
 cleaned his master's horse, then performed the same office for the horse of 
 Thnrtell, which occupied a good deal of time. Probert went into the house. 
 Neither Thnrtell nor Hunt was expected by Mrs. Probert. With Thurtell she 
 wa acquainted ; but Hunt was a stranger, and was formally introduced to her. 
 They then supped on some pork chops, which Hunt had brought down with 
 him from London. They then went out, as Probert said, to visit Mr. Nicholls, 
 a neighbour of his ; but their real object was to go down to the place where the 
 body of Weare was deposited. Thurtell took them to the spot down the lane, 
 and the body was dragged through the hedge intolhe adjoining field. The body 
 was, as he had previously described it to be, enclosed in a sack. They then ef- 
 fectually rifled the deceased man, Thurtell having informed his companions, 
 that he had, in the first instance, taken the fourth part of his property. They 
 then went back to the cottage. It ought to be stated, that Thurtell, be- 
 fore he went out, placed a large sponge in the gig; and when he returned 
 from this expedition, he went to the stable and sponged himself with 
 great care. He endeavoured to remove the spots of blood, many of which 
 were distinctly seen by Probert's boy ; and certainly such marks would 
 be observable on the person of any one who had been engaged in such a trans- 
 action. In the course of the evening Thurtell produced a gold watch, without 
 a chain, which occasioned several remarks. He also displayed a gold curb 
 chain, which might be used for a watch, when doubled; or, when singled, 
 might be worn round a lady's neck. On producing the chain, it was remarked 
 that it was more fit for a lady than a gentleman ; on which Thurtell pressed it 
 on Mr*. Probert, and made her accept of it. An offer was afterwards made 
 that a bed should be given to Thurtell and Hunt, which was to be accomplished 
 by Miss Noyes giving up her bed, and sleeping with the children. This was 
 refuted, Thurtell and Hunt observing, that they would rather sit up. Miss 
 Noyes, therefore, retired to her own bed. Something, however, occurred, 
 which raised suspicion in the mind of Mrs. Probert; and, indeed, It was 
 scarcely possible, if it were at all possible, for persons who had been engaged 
 in a transaction of this kind, to avoid some disorder of mind some absence 
 of thought that was calculated to excite suspicion. In consequence of ob- 
 serving those feelings, Mrs. Probert did not go to bed, or undress herself. 
 She went to the window and looked out, and saw that Probert, Hunt, and 
 Timrtel), were in the garden. It would be proved that they wnt down to
 
 45 
 
 the body, and, finding it too heavy to be-removed, one of the horses was taker! 
 from the stable. The body was then thrown across the horse ; and stones 
 having been put into the sack, the body, with the sack thus rendered weighty 
 by the stones, was thrown into the pond. Mrs. Probert distinctly saw some- 
 thing heavy drawn across the garden 1 where Thurtell was. The parties then 
 returned to the house ; and Mrs. Probert, whose fears and suspicions were 
 now most powerfully excited, went down stairs and listened behind the par- 
 lour door. The parties now proceeded to share the booty; and Thurtell di- 
 vided with them to the amount of 61. each. The purse, the pocket-book, and 
 certain papers which might lead to detection, were carefully burned. They 
 remained up late; and Probert, when he went to bed, was surprised to find 
 that his wife was not asleep. Hunt and Thurtell still continued to sit up in 
 the parlour. The next morning, as early as six o'clock, Hunt and Thurtell 
 were both seen out, and in the lane together. Some men who were at work 
 there, observed them, as they called it, " grabbing" for something in the 
 hedge. They were spoken to by these men, and as persons thus accosted 
 must say something, Thurtell observed, " that it was a very bad road, and 
 that he had nearly been capsised there last night." The men said, " I hope 
 you were not hurt." Thurtell answered, " Oil no, the gig was not upset," 
 and they then went away. These men, thinking something might have been 
 lost on the spot, searched after Hunt and Thurtell were gone. In one place, 
 they found a quantity of blood, further on they discovered a bloody knife, and 
 next they found a bloody pistol one of the identical pair which he would 
 show were purchased by Hunt. That pistol bore upon it the marks of blood 
 and of human brains. The spot was afterwards still further examined, and 
 more blood was discovered, which had been concealed by branches and leaves, 
 so that no doubt could be entertained that the murder had been committed in 
 this particular place. On the following morning, Saturday, the 25th of October, 
 Thurtell and Hunt left Probert's cottage in the gig which Hunt had come dowa 
 in, carrying away with them the gun, the carpet-bag, and the backgammon- 
 board, belonging to Mr. Weare. These articles were taken to Hunt's lodgings, 
 where they were afterwards found. When Hunt arrived in town on Saturday, 
 he appeared to be unusually gay. He said, " We Turpin lads can do the 
 trick. I am able to drink wine now, and I will drink nothing but wine." He 
 seemed to be very much elevated at the recollection of some successful exploit. 
 It was observed, that Thurtell's hands were very much scratched, and some re- 
 mark having been made on the subject, he stated, " that they had been out net- 
 ting partridges, and that his hands got scratched in that occupation." On some 
 other points, he gave similarly evasive answers. On Sunday, John Thurtell, 
 Thomas Thurtell, Noyes, and Hunt, spent the day at Probert's cottage. Hunt 
 went down dressed in a manner so very shabby, as to excite observation. But 
 in the course of the day he went up stairs, and attired himself in very handsome 
 clothes. There was very little doubt that those were the clothes of the deceased 
 Mr. Weare. He had now to call the attention of the jury to a very remarkable 
 circumstance. On the Saturday Hunt had a new spade sent to his lodgings, 
 which he took down to the cottage on Sunday. When he got near Probert's 
 garden, he told that individual, " that he had brought it down to dig a hole to 
 bury the body in." On that evening, Probert did really visit Mr. Nicholls ; 
 and the latter said to him, " that some persons had heard the report of a gun 
 or pistol in the lane, on Friday evening ; but he supposed it was some foolish 
 joke." Probert, on his return, stated this to Thurtell and Hunt, and the in- 
 formation appeared to alarm the former, who said, " he feared he should be 
 hanged." The intelligence, however, inspired them all with a strong desire to 
 conceal the body effectually. Probert wished it to be removed from his pond ; 
 for, had it been found there, he knew it would be important evidence against 
 himself. He declared that he would not suffer it to remain there ; and Thur- 
 tell and Hunt promised to come down on the Monday, and remove it. On Mon- 
 day, Thiirtell and Hunt went out in the gig, and in furtherance of that scene of 
 Yillany which they meditated, they took with them Probert's boy. They car- 
 ried him to various places, and finally lodged the boy at Mr. Tetsall's, in Con- 
 duit-street. On the evening of that same Monday, Hunt and Thurtell came 
 down to the cottage. Hunt engaged Mrs. Probert in conversation, while 
 Thurtell and Probert took the body out of the pond, put it into Thurtell's 
 gig, and then gave notice to Hunt that the gig was ready. In this manner
 
 46 
 
 they carried away the body that night ; bnt where they took it to, Probert 
 did not know. It appeared, however, that the body was carried to a 
 pond near Elstree, at a considerable distance, from Probert'n cottage, 
 and there sunk, as it had before been in Probert's pond, in a sack con- 
 taining a considerable quantity of stones. Hunt and Thurtell then went to 
 London ; and the appearance of the gig the next morning clearly told the way 
 in which it had been used over night ; a quantity of blood and mud being quite 
 perceptible at the bottom. The parties heard that the report of the pistol in 
 the lane on the Friday evening, and the discovery of the blood in the Meld, had 
 led to great alarm amongst the magistracy. Inquiry was set on foot, and 
 Thurtell, Hunt, and Probert were at length apprehended. It was found that 
 Hunt had adopted a peculiar mode for the purpose of concealing his identity ; 
 for when he was hiring the gig, and doing various other acts connected with 
 this atrocious proceeding, he wore very long whiskers ; but on tht Monday 
 after the murder, he had them taken off ; and they all knew that nothing could 
 possibly alter the appearance of a man more than the taking away of large 
 bushy whisker*. Strict inquiries were made by the magistrates, but nothing 
 was ascertained to prove to a certainty who was murdered. The body was, 
 however, found on the Thursday, Hunt having given evidence as to the place 
 where the body was deposited. The evidence which Hunt gave, and which 
 led to the finding of the body, he would use : but no other fact coming out of 
 his mouth, save that, would he advert to. He was entitled, in point of law, 
 to make use of that. " If a person tells me, under any promise of mercy, 
 where stolen goods are to be found, and on searching I find them, I am en- 
 titled to adduce the fact of finding against the criminal party : and for this rea- 
 son because persons may, from hope or fear, be induced to state what is not 
 true. But the finding proves the truth; and on that point I have a right to 
 proceed." The fact only of the disclosure by Hunt, in consequence of which 
 the body was discovered, was he permitted to make use of; and to that alone, 
 so far as Hunt's confession went, he would confine himself. But by reference 
 to his conversations with others, and to various circumstances not adverted to 
 by him, he was convinced that he should be enabled to establish a perfect and 
 complete chain of evidence. He had now stated the principal part of the 
 facts which it would be his duty to lay before the jury. Some of them, they 
 must observe, would depend on the evidence of an accomplice ; for Probert, 
 though not an accomplice before the murder, was confessedly privy to a certain 
 part of the transaction to the concealment of the body to the concealment, 
 consequently, of the murder. He must be looked upon as a bad, a very bad 
 man. He was presented to the jury in that character. What good man could 
 ever lend himself, in the remotest degree, to so revolting a transaction ? An 
 accomplice must always be, in a greater or less extent, a base man. The jury 
 would therefore receive the evidence of Probert with extreme caution ; and 
 they would mark, with peculiar attention, how far his evidence was confirmed 
 by testimony that could not be impeached. But he would adduce such witnesses 
 in confirmation of Probert's statement he would so confirm him in every point, 
 as to build up his testimony with a degree of st: cngth and consistency which 
 could not be shaken, much less overturned. He would prove by other witnesses 
 besides Probert, that Thurtell set out with a companion from London, who did 
 not arrive at the ostensible end of his journey; he would prove that he had 
 brought the property of that companion to Probert's house, the double-bar- 
 relled gun, the backgammon-board, and the green carpet-bag ; he would prove, 
 that some time before he arrived at the cottage, the report of a gun or pistol 
 was heard in Gill's-hill-lane, not far from the cottage; he would prove that his 
 clothes were in a bloody state; and that, when V.e was apprehended, even on 
 the Wednesday after the murder, he had not been able to efface all the marks 
 froni'his apparel. Besides all this, they would find, that in his pocket, when 
 apprehended, there was a penknife which was positively sworn to as having 
 belonged to Mr. Weare, and also the fellow-pistol of that which was found 
 adjoining the place where the murder was committed, the pair having been 
 purchased in Mary-le-bone-street by Hunt. These circumstances brought the 
 case clearly home to Tluirtell. Next as to Hunt. He was charged as an accom- 
 plice before the fact. It was evident that he advised this proceeding. For 
 what purpose, but to advise, did he -proceed to the cottage? He was a stranger 
 t Mrs, Probert and her family ; he wan not expecttd at the cottage. Thet e
 
 49 
 
 was not for him, as there was for Thnrtell, an apology for his visit. He hired 
 a gig, and he procured a sack the jury knew to what end and purpose. They 
 would also bear in mind, that the gun, travelling-bag, and backgammon-board, 
 were .found in his lodging. These constituted a part of the plunder of Mr. 
 Wearc, and could only be possessed by a .person participating in this crime. 
 Besides, there was placed about the neck of Probe ;t's wife, a chain, which had 
 belonged to Mr. Weare, and round the neck of the murdered man there was 
 found a shawl, which belonged to Thurtell, but which had been seen in the 
 hands of Hunt. In giving 'this summary of the case, he had not stated every 
 circumstance connected with it. His great anxiety was, not to stat that 
 which he did not firmly believe would be borne out by evidence. One circum- 
 stance-he had omitted, which he felt it necessary to lay before the jury. It 
 was, that a watch was seen in the possession of Thurtell, which he would shew 
 belonged to Mr. Weare. After Thurtell was apprehended, and Hunt had said 
 something on the subject of this transaction, an officer asked Thurtell what he 
 had done with the watch? He answered that, " when he was taken into cus- 
 tody, he put his hand behind him, and chucked it away." ThurU 11 also made 
 another disciesure. He said, when questioned, " that other persons, near the 
 spot, were concerned in it, whom he forbore to mention." A* to Thurtell, the 
 evidence would, he believed, clearly prove him to have been the perpetrator ef 
 the murder; and with respect to Hunt, it was equally clear that he was an 
 accessory before the fact. If, however, the jury felt any conscientious doubt, 
 the prisoner ought certainly to receive the benefit of it ; but where a case was 
 clearly and satisfactorily made out, they would perform fearlessly that duty 
 which they owed to heaven, and to the due administration ofjustice. 
 
 Thurtell, who had been most attentive during Mr.Gurney's speech, looked 
 steadfastly at the door through which the witnesses were to enter He had 
 some short communication with Mr. Andrews, his counsel ; and soon after, 
 Mr. Justice Park having withdrawn for a few moments, he ate a. thin sand- 
 wich, which the governor of the prison, Mr. Wilson, had provided. Both 
 prisoners conducted themselves with firmness, nor was there the slightest 
 change of manner in the deportment of Thurtel!, even in those parts of the 
 statement which detailed those horrible facts in which he was the presumed 
 agent. 
 
 [Our readers will find our annexed Plate a correct representation of the court during 
 these interesting proceedings; it was drawn en the spot expressly for this edition.] 
 
 EVIDENCE FOR THE PROSECUTION. 
 
 John Beeson, examined by Mr. Bolland ; I live in the parish of Aldenham ; 
 I went in search of a body with Ruthven and Upson, two Bow-street officers, 
 the prisoner Hunt was with us ; we went to Aldenham and found the body 
 in a brook called Hill-slough, near Elstree ; Hunt pointed it out; the body 
 was concealed in a sack ; the head was downwards in the sack ; there was a 
 rope fastened round the sack ; the length of the rope was two or three yards ; 
 there was a stone tied to the end ; I was not present when the sack was 
 opened : it was carried to the Artichoke public-house, at Elsttee ; the pond 
 was a quarter of a mile from Elstree; it was to the right hand side of the 
 road coming from Elstree towards Radlett ; I am acquainted with the roads 
 about Gill's-hiil. There is at road branching oft' towards Watford, with a 
 finger-post direction pointing that way. Pursuing that road, you pass a cot- 
 tage, where a person named Hunt lives ; the ruad divides, one leading to 
 Radlett, and the other to Mr. Probert's cottage at Gill's-hill. A man ignorant 
 of the road might mistake his way. He might, however, return again on the 
 road to Probert's cottage, though he went by mistake to High Cross. It would 
 be a circuitous passage. Even if a person went to Radlett, he. might turn to 
 the right and get to Probert's cottage. The roads arc very bad and very nar- 
 row. If a person met any thing in his way while driving, he must back out. 
 Travelling on from Radlett, he might get by Mcdbourne to (jillVhjll. A 
 man not knowing the road might mistake. These roads are hilly, and a per- 
 on, ordinarily speaking, must drive slowly.
 
 50 
 
 Cross-examined l>y Mr. Thcssiger. for Hunt. It was on Thursday fnc Oth 
 of October, four persons, with the coachman, went to find the body ; the 
 place where it was found was two miles from Gill's-hill. , They searched in a 
 . ody, he meant all together. They searched nearly for five minutes. It was 
 about two minutes after the place Ijad been pointed out. The body was found 
 nearly in the centre of the pond. It was possible for any person to place the 
 body in the pond without walking in. Two men might have swung the body 
 in. One man could not have done it. The weather was wet, and the pond was 
 consequently full. None of those who found the body went into the water 
 because they had a ladder. I saw Mr. Hunt point out that pond as the place 
 where the body was. The pond altogether was as large as the table of the 
 court. There was a short piece of the rope round the sack loose. The rope 
 was twisted round the sack in a careless manner. The handkerchief was out- 
 side. of the sack, and the stones were concealed in it. 
 
 Robert Field sworn, and examined by Mr. Broderick. I keep the Arti- 
 choke public-house in Elstree ; I remember a dead body being brought to 
 my house on a Thursday. I saw the body drawn out of the pond ; it was 
 covered with a sack, and that was fastened by cords. The rope was bound 
 round the neck, the middle, and the feet, with a handkerchief tied to the end, 
 full of stones ; there were two or three yards of ihe rope superabundant. 
 That body was afterwards shown to Mr. Rexworthy, and ne said it was the 
 body of William VVeare. 
 
 John Upson, examined by Mr. Gurney. I am an officer of Bow-street ; I 
 was present at the examination of the prisoners at Watford ; it was on a 
 Wednesday or Thursday ; I had a conversation with Thurtell after the body 
 was found ; I went in search of the body. I went to the place where it was 
 found, by the direction of Hunt. We went first to one spot, and Hunt said 
 " that is not the place." We then went to another. We had a pole, and 
 tried without success. A man passed with a ladder, and Beeson went on 
 the ladder to drag. Hunt pointed with his finger and said the body was 
 further out. The body was found, and taken on the ladder to die Artichoke. 
 I was not present when the body was examined. 
 
 William Rexworthy, examined by Mr. Bolland : I keep a billiard-room, 
 at Spring-gardens, and knew the deceased (Mr. Weare) very well. 
 
 I saw the body at the Artichoke, at Elstree ; it was the body of Mr. Woare. 
 There was a mark of the muzzle of a pistol on the left side of the head, as 
 if it had been driven several times against it. 
 
 Cross-examined by Mr. Andrews. Mr. Rexworthy, could you, in the 
 state in which the body was, say positively that it was the body of Mr. 
 Weare ? I knew him as perfectly as if he were living ; and I had known 
 him- for fourteen years. 
 
 Did you see any blood on the body ? I did not. 
 
 Now was it in a state to enable you to speak with certainty? I could 
 speak with certainty that it was the body of Mr. Weare. 
 
 Did you ever express yourself with any doubt as to its being the body of 
 Mr. Weare ? I have no doubt at all ; I have not the least doubt about it. 
 
 I do not say what your present opinion is ; but did you never express 
 yourself with doubt ? I did not.' 
 
 You were always as confident as you are now ? I was. 
 
 Richard Weare was then called in. (He had an air of grief and extreme 
 dejection.) Examined by Mr. Bolland. I had a brother named William. He 
 had no other Christian name but William. I saw a corpse at the Artichoke 
 ut Elstree, on a Friday; the day Mr. Rexworthy saw it. It was my brother's 
 
 body. (Witness spoke in an agitated tone.) 
 Thomas Abel Ward, e 
 
 , examined by Mr. Broderick. I am a surgeon at Wat- 
 ford, and examined a dead body lying at the Artichoke, near Elstree, on the 
 day of the inquest. I examined the nead. It had several marks of violence 
 about the left temple, apparently occasioned by some round blunt instrument ;
 
 53 
 
 <s 
 
 ccasioned, I mean, by the forcing a pistol, for instance, into the head. The 
 marks corresponded with the muzzle of a pistol which was produced. 
 
 By the court. They corresponded with a pistol which was produced before 
 the Coroner. 
 
 By Mr. Broderick. The wounds had penetrated the scalp ; near to them was 
 a fracture on the skull, several portions of the bone being broken off and 
 driven into the substance of the brain. If violently forced into the head, that 
 pistol would produce those appearances. 
 
 By the court. I mean that it would do so, by such forcing, without its being 
 fired oft'. 
 
 By Mr. Broderick. The wounds round the fracture of the skull corresponded 
 with the muzzle of the pistol produced. The wounds in question would oc- 
 casion death very quickly. I observed a mark on the right cheek, like that 
 of a gun-shot. 
 
 By the court. By gun-shot I mean the shot or ball of a pistol. 
 
 By Mr. Broderick. 1 did not trace the external wound further than under- 
 neath the integuments of the scalp. -That was a wound which alone would 
 not, I should think, occasion death. There was a lacerated wound on each 
 side of the neck. There were three incised wounds altogether. Two of them 
 were on the right, and one on the left side of the neck. Of these, one was 
 immediately under the ear, and one somewhat further back. A knife would 
 have effected them. The jugular vein on the left side was divided. 
 
 Cross-examined by Mr. Platt. On the left side of the head, you saw a 
 wound and fracture, which must have been effected by a blunt instrument ? 
 Yes. 
 
 The instrument, by which this was produced, must ha've driven itself 
 through the skull? Yes. 
 
 If the instrument had not been driven by force into the skull, the mark of 
 the instrument must have been more apparent on the surface ? Yes. 
 
 What was the position of the wound ? The fracture was above the temple, 
 just above the anterior angle of the bone of the skull : the marks where there 
 were not fractures were above that : there were several of them. 
 
 Now is it possible that an instrument with a larger end than that pistol 
 that was produced, could have been introduced into the fracture? Yes. 
 
 And produced the same result? The same result, as far as the fracture 
 goes, could have been produced by a larger instrument ; the marks which I 
 nave said were above the fracture could not have been produced except by 
 such an instrument as the pistol ; they corresponded to the end of the muzzle. 
 
 Was the skin forced into the wound ? The skin was not forced into the 
 wound, though it was depressed by the blow that occasioned the fracture; 
 that is to say, it was wounded, but not detached. 
 
 What was the size of the wound ? The orifice of the fracture was an inch 
 and an eighth or a quarter in length, and 7-8ths of an inch in width. I can 
 show how it was by drawing it. 
 
 Mr; Justice Park. Then do, Sir. 
 
 Mr. Ward then drew on a sheet of paper a representation of the wound, 
 and produced from a small box the pieces of the skull which had been forced 
 into the wound, and which he had extracted and preserved. The drawing 
 and the pieces of bone were handed to the Bench, and then to the Jury. The 
 bones were returned to Mr. Ward, but he left the drawing. 
 
 Does this (the drawing) describe the external appearance of the wound ? 
 
 Mr. Justice Park. Mr. Ward has made it plain ; this is the fracture of the 
 skull. You mean the fracture, Mr. Ward, and not the wound, do you not ? 
 Yes, my Lord. 
 
 Mr. Platt continued his cross-examination. 
 
 Then the fleshy orifice was not cut out ? The external skin was broken, 
 but not detached; it was a contused wound. 
 
 What was the size of the orifice of this contused wound ? I really do not 
 understand you. There was no interval ; I could have brought up the inte- 
 guments, and closed them entirely, for no part had been detached,
 
 54 
 
 But before it was so stretched ? There was no stretching ; the integuments 
 which covered the skull, a solid substance, had been bruised when forced 
 upon that solid substance which had been broken beneath it by the violence 
 of the blow. The integuments of the skull were not torn away, but were 
 tent in halves, as it were. 
 
 Would that drawing you have made denote the size of the aperture if it 
 had been drawn out ? It would have been of considerable size. I could have 
 put my finger into it. 
 
 Mr. Justice Park. Mr. Platt, I think the case is very clear. The skull was 
 fractured ; the bone produced tons was driven into the brain, and the skin or 
 scalp was rent. I think, Mr. Ward, you have given your evidence very 
 clearly. 
 
 Mr. Platt. Was the rent of the integuments made in that kind of way, 
 that a larger instrument could have been forced through ? Certainly. 
 
 The jugular vein was divided, which, if not stopped, would produce death, 
 was it not? Yes 
 
 Was any artery divided ? No. 
 
 You could have judged that great hemorrhage had taken place ? No. 
 Was there an appearance as it the wound that divided the jugular vein had 
 been inflicted on the living person ? There was every appearance as if it ha' 1 , 
 and nothing to show that it had not been inflicted on the living person. 
 
 Could you say, on your oath, that that wound could have been inflicted ter 
 death ? I think it possible. 
 
 Have you not the means of judging whether a wound that appears on a 
 dead body has been inflicted during life or after death ? Not after a body has 
 been soaked in water three or four days ; the indicia are not such that I 
 would trust them in such a case. 
 
 Then the body must have been altered by lying in the water? Yes. 
 Are not the features more altered in persons dying of hemorrhage, so as to 
 make it more difficult to recognise them ? Yes, when the hemorrhage is pro- 
 tracted. 
 
 Is the hemorrhage from the jugular vein protracted? The bleeding, in the 
 case of a wound of the jugular vein, is uncertain ; sometimes it is protracted, 
 sometimes not. 
 
 In this case the jugular vein was divided ? Not entirely divided ; but the 
 wound was very considerable. 
 
 Suppose an individual had been bled to death, and laid for a week in a pond, 
 would it not in such a case have been more difficult for persons to ascertain 
 who that individual was? It would ; but 1 conceive, from the appearance of 
 the body I saw at Elstree, that if I had known the person in his life-time, I 
 should have recognised him then. 
 
 Re-examined by Mr. Broderick. What, in your opinion, was the cause of 
 death ? The injury to the brain by the pistol. 
 
 Mr. Ruthven, the officer, called. He brought into the court with him a 
 large bag of carpetting full of various articles, a hat in a handkerchief, and a 
 dressing case. Sworn, and examined by Mr. Bolland. I am an officer of 
 Bow-street; I apprehended the prisoner, John Thurtell, the Wcdiic^d.iy after 
 the Friday of the supposed murder (the 29th Oct.), at Tetsall's, the sign of 
 the Coach-and-Horses, in Conduit-street, Bond-street, London. I found in 
 his coat pocket a pistol, not loaded. I found a pistol key and a knife in his 
 waistcoat pocket, and a key which belonged to an air gun. I found a muslin 
 handkerchief in a drawer close to the bed side : it appeared to be marked 
 with blood; the marks were just the same then as they are now. In a drawer 
 I found a shirt, stained with blood in each corner of the collar where they 
 project above the neckcloth. I found a black kerseymere waistcoat, with 
 marks of blood on each pocket. I found this on his bed. I found also a 
 black coat, with marks of blood on both cuffs, and a mark on the left shoul- 
 der ; I found this coat on his bed; I found a hat [produced]; there is a mark 
 of blood now; there was one small mark on another part. I arresUd Hunt
 
 53 
 
 at his odgings, 19, King-street, Golden-square, the same day (Oct. 29). * 1 
 took no articles out of his lodgings on the Wednesday. On the Thursday 
 night I went again to his lodgings, and found a dressing box and a double- 
 barrelled gun, with the name of the maker, Manton [the gun was produced]. 
 Under the bed I found this sponge [a large sponge was produced], I found 
 a carpet bag [produced] ; it was empty. I found a shooting jacket, a pair of 
 drab breeches, a pair of gaiters or leggings, one pair of half and one pair of 
 Hessian boots, a cord, two waistcoats, two coloured handkerchiefs, Liree 
 shirts (two of the shirts were marked one of them W. W., No. 1., the other 
 W.); one neckcloth, one collar, nightcap, clothes-bag, powder-flask, clothes- 
 brush, turnscrew, bullet-mould, and a comb. I have had all these things in 
 my possession ever since. 
 
 Cross-examined by Mr. Chitty. The door of Thurtell's room was open ; 
 at least it was not fastened. 
 
 Any person could have come into the room ? Yes. 
 
 The drawers in which you found the things were not locked? No. 
 
 So that any maid-servant or person about the house might have seen 
 them ? A, The things were tied up. 
 
 There were many people in the house; were there not? I do not 
 know ; it was a public house. There was another person in the same room 
 when I apprehended Thurtell ; Thurtell was in bed ; the person was sleeping 
 in another bed ; Thurtell made no resistance. 
 
 < In answer to Mr. Thessiger. I did not search Hunt's room on the Wednes- 
 day, when I apprehended him ; I did not obtain these things by getting a 
 letter to his wife ; his wife was not at home ; I broke the door open. 
 
 Henry Simmons, sworn. Examined by Mr. Broderick. I am the consta- 
 ble of Watford. [He produced a pocket pistol.] It was given me by Mr. 
 Nicholls of Battler's Green. It was stained as it is now, with the pan down. 
 Besides the blood, there was hair upon it : there is now. There was a piece 
 of tow in the muzzle, as there is now. I have a small knife. [He produced 
 it.] He had it from Mr. Nicholls. I have a red shawl handkerchief. [He 
 produced it.] I received it from Dr. Pidcock, the younger, on the 31st ot 
 October. I have a gold curb watch chain. [He produced it in a box.] I 
 received it from Mrs. Probert, on the 15th of Nov., in the evening. I re- 
 ceived a sack from Robert Field, landlord of the Artichoke. [Produces it. j 
 On the 24th of November, I received another from William Buhner; a piece 
 of a shirt I have, I received from Mr. Thos. Bates ; I received these various 
 articles in the presence of the magistrates, and have kept them ever since. 
 
 The various articles mentioned by this witness were handed by him to the 
 officer. The greatest anxiety was shown by the learned Judge, that the hair 
 and blood on the fatal pistol should not be disturbed before they were shown 
 to the jury. I received also, on the 30th of November, a part of a coat and a 
 handkerchief from George Jones. 
 
 PROBERT 'S EXAMINATION. 
 
 Probert was the next witness called. The mention of his name created a 
 great sensation. He was brought through the dock, and passed the pri- 
 soners. Thurtell scarcely looked at him ; but to Hunt he was an object of 
 greater attention. He eyed him with earnestness, and during the first part 
 of his examination stood up in the dock. 
 
 Mr. Gurney addressed him and said " Now, Probert, mind and tell me all 
 you know." Probert then deposed as follows : 
 
 I occupied a cottage in Gill's-hill-lane six months before October last ; my 
 family consisted of Mrs. Probert, her two sisters (Misses Noyes), part of the 
 summer a servant maid and a boy ; in the month of October, only one Misa 
 Noyes lived with us. In October also I had some children of Thomas Thur- 
 tell's, two none of my own. T. Thurtell is a brother of the prisoner's. I have 
 been for some time past acquainted with the prisoner, John Thurtell ; he had 
 been down to my cottage often, sporting with me ; he knew the road to my
 
 56 
 
 cottage, and all the roads (hereabouts, well. Gill's-hilMane, in which my cot- 
 tage was, was out of the high road to St. Alhan's, at Uadlctt ; my cottage was 
 about a quarter ol' a mile from tho high road. My regular way to m> cottage 
 would be to go along the high road through RadJett , tiiere was a nearer way, 
 but that was my usual way. My collage was fourteen miles and a quai ler fn.m 
 Tyiairii turnpike. In the latter end of October, the week in which this hap- 
 pened, the prisoner, John 'lliuit-ll, lodged atTetsall's, the Coach and Horses, 
 in Gond nit-street ; 'J Iionias Thurtell lodged there also. Thwy were there every 
 day tliat week. On Friday the 2-ith, I dined at Tetsall'fi with John TbiirteU 
 and Hunt; Thomas Thm toll and N'oyes were tlicre al*o. Ai'tr dinner, Thurtell 
 said something to rnr> about money. Four days previous to the 24th, I borrowed 
 It)/. Irom John Thurtell ; lie then said, you must let me have, it back, on the 
 Thursday or Friday ; on the Thursday I saw hi, a at Mr. Tetsall's, and he asked 
 me if I had got the IO/. ; I told him 1 had not; I had not collected any money. 
 He said, I told you I should want it to day or to-morrow, else it will be 380/. 
 out of my pocket ; but if you will let me have it to-morrow, it will answer the 
 same purpose. On the next day (Friday) I paid him a/. I borrowed 5t. of Mr. 
 Tetsall ; that was after dinner. He then said, I think I shall go down to y our 
 cottage to-night; are yon goinar down? and asked me if I could drive Hunt 
 down. I said " yes." He said, I expect a friend to meet me this evening a 
 little after five, and if he conies I shall go down. If I have an opportunity I 
 mean to do him, for he is a man that has robbed me of several hundreds. He 
 added, I have told Hunt where to stop. I shall want him about a mile and a 
 half beyond Elstree. If I should net go down, give Hunt a pound which I 
 did. Hunt had just come in, and Tlmrfell said, " There, Joe, there's a pound; 
 if Probert don't come, hire a horse, you know where to stop for me." I do 
 not know that Hunt made any answer; 1 gave him twenty shillings in silver; 
 Thar tell left the Coach and Horses almost immediately, in a horse and chaise; 
 it was a grey horse; I believe Hunt brought the horse and chaise; Thurtell 
 left a little after five. I afterwards set olf to go in my own gig; I took Hunt 
 with me. When I came to the middle of Oxford-street, Hunt got out of the 
 gig to purchase a loin of pork, by my request, for supper. \Vhen we came to 
 the top of Oxford-street, Hunt said, " This is the place Jack is to take np his 
 friend at." In our way down we overtook Thurtell, about four miles from 
 London. Hunt said to me, " There they are ; drive by, and take no notice." He 
 added, " It's all right; Jack has got him." There were two persons in the 
 gig Thurtell and another ; I passed them and said nothing. I stopped at a 
 public-house called the Bald-faced Stag, about seven miles from London, two 
 miles short of Edgwarc. It was then, perhaps, a quarter to seven. When 
 Hunt said " It's all right," I asked him what was bis name ? Hunt replied, 
 " You arc not to know his name ; you never saw him ; you know nothing of 
 him." I got out at the Bald-faced Stag; I supplied the house wilii spirits. 
 Hunt walked on, and said, " I'll not go in, because I have not returned the 
 horsc-cioths I borrowed." I stopped about twenty minutes ; I then drove on, 
 and overtouk Hunt about a quarter of a mile from Edgware. I took him up, 
 and we drove to Mr. Clarke's, at Edgware. We had a glass of brandy and 
 water. I should think we did not stop ten minutes ; we went into the bar. We 
 stopped a little fur her in Edgware ; and bought half a bushel of corn ; I was 
 out of corn at home; I put it in the gig. Hunt then said, " I wonder where 
 Thurtell is; hecan'thave passed us." We then drove on to the Artichoke, kept by 
 Mr. Field. We got there within about 8 minutes of 8. Neither I nor Hunt got out. 
 We had 4 or 5 1 is-es of brandy and water, waiting for the express purpose of 
 Thurtell coming up ; we thought we heard a horse and chaise, ami started ; I 
 tltink we stopped more than three quarters of an hour at Elstree; We went 
 about a mi!e and a half, to Air. Philiimore's Lodge, to wait for Thurtell. Hnat 
 .--.till, I shall wait here for John Thui tell, and he got out on the road. I drove 
 on through Uadletf, toward > my own cottage ; when I came near my own cot- 
 t .--, v. itiiin about a hundred yard", I met John Thurtell; he was on foot; he 
 says " Hallo! where's Hunt?" I said I had left him waiting near Phillimore'a 
 Lodge for him ; John Thurtell said to that, "Oh, I don't want him now, for 
 I have done the trick ;" he said he had killed his friend that he had brought 
 down with him ; he had ridded the country of a villain, who had robbed him of 
 three or fo.ir hundred pounds?" I said, " Good God I I hope you have not 
 lulled the man?" and be said " It'i of no consequence to you, you don't knew
 
 THE SCENE OF THE MURDE-R, with the Gig in the Lane.
 
 59 
 
 aim, nor you never saw him ; do you go back and fetch Hunt, you know beat 
 where you left him ! " I returned to the place where I left Hunt, and found 
 him near the spot where I left him. Thurtell did not go. I said to Hunt, when 
 I took him up, " John Thurtell is at my house he has killed his friend;" 
 and Hunt said, " thank God, I am out of it ; I am glad he has done it without 
 me ; I can't think where the devil he could pass ; I never saw him pass any- 
 where, but I'm glad I'm out of it." He said, " This is the place we was to 
 have done it," (meaning near Phillimore's lodge); I asked him who the man 
 was, and he said " You don't know him, and I shall not tell you ;" he said it was 
 a man that had robbed Jack of several hundred pounds, and they meant to 
 have it back again ; by that time I had reached my own house ; John Thurtell 
 stood at the gate ; we drove into the yard ; Hunt says, " Thurtell, where could 
 you pass me?" Thurtell replied, " It don't matter where I passed you, I've doe 
 the trick I have done it;" Thurtell said, what the devil did you let Probert 
 stop drinking at his c d public houses for, when you knew what was to be 
 done?" Hunt said, " I made sure you were behind or else we should not have 
 stopped;" I then took the loin of pork into the kitchen and gave it to the 
 servant to cook for supper. I then went into the parlour and introduced Hunt 
 to Mrs. Probert ; he had never been there before. Thurtell followed imme- 
 diately ; we had stopped in the yard a little time before we went in. I returned 
 to the parlour and told Mrs. Probert we were going to Mr. Nicholson's to get 
 leave for a day's shooting ; before we went out Thurtell took a sack and a cord 
 with him. We then went down the lane, I carried the lantern ; as we went 
 along Thurtell said, " I began to think, Hunt, you would not come." Hunt said, 
 "We made. sure you were behind." I walked foremost; Thurtell said, 
 " Probert, he is just beyond the second turning." When he came to the second 
 turning he said, " It's a little further on." He at length said, " This is the place." 
 We then looked about for a pistol and knife, but could not find either; we got 
 over the hedge and there found the body lying ; the head was bound up in a 
 shawl, I think a red one [here the shawl already produced, was shown to wit- 
 ness] ; I can't say that is the shawl. Thurtell searched the deceased's pockets, 
 and found a pocket-book containing three five pound notes, a memorandum 
 book, and some silver. John Thurtell said, "This is all he has got, I took 
 the watch and purse when I killed him." The body was tljen put into a sack, 
 head foremost ; the sack came to the knees, and was tied with a cord ; it was 
 the sark John Thurtell had taken out of the gig ; we then left the body there 
 and went towards home. Thurtell said, " When I first shot him he jumped 
 out of the gig and ran like the devil, singing out that ' he would deliver all he 
 had if I'd only spare his life.' " 
 
 Mr. Justice Park. Do you know if John Thurtell has been in the sea service ? 
 
 Witness. I don't know, I think I have heard him say so. 
 
 Mr. Justice Park. We know that singing out means crying out. 
 
 Witness proceeded. John Thurtell said, " I jumped out of the gig and ran 
 after him ; I got him down, and began to cut his throat, as I thought, close to 
 the jugular vein, but I could not stop his singing out; I then jammed the pistol 
 into his head, I gave it a turn round, and then I knew I had done him." He 
 then said to Hunt, " Joe, you ought to have been with me, for I thought at one 
 
 time he would have got the better of me. These d d pistols are like spits, 
 
 they are of no use." Hunt said, " I should have thought one of those pistols 
 would have killed him dead, but you had plenty of tools with you;" we then re- 
 turned to the house and supped. In the course of the evening, after supper, 
 John Thnrtell produced a handsome gold watch ; I think double cased ; it had 
 a gold chain. 
 
 Mr. Justice Park. Was the chain attached to it ? 
 
 Probert. It was, my Lord. He took off the chain and offered to make Mrs. 
 Probert a present of it, saying it was more fit for a lady than a gentleman. 
 Mrs. Probert refused for some time, but at length acceptea of it. He put the 
 watch and seal in his pocket ; we had no spare bed that night ; I asked when 
 they would go to bed. I said my sister would sleep with Thomas Thurtell's 
 children, and that they could have her bed. They answered they would sleep 
 on the sofa. Hunt sang two or three songs after supper; he is a professional 
 singer. Mrs. Probert and Miss Noyes went to bed between twelve and one. 
 When they were gone, John Thurtell took out a pocket-book, a purse, and a 
 memorandum-book ; the purse contained sovereigns ; I can't say how many.
 
 60 
 
 H tok 151. In notes from the pocket-book, and gave Hunt and myself a 51. note 
 and a sovereign each, saying " that's your share of the blunt." There were 
 several papers in the books ; they and the purse and books were burnt; a carpet 
 bag was opened. Thurtell said it had belonged to the man he had murdered ; 
 it contained wearing apparel and shooting materials; they were examined 
 dnd put in again ; I think two or three silk handkerchiefs were left out; 
 there was also a backgammon-board, containing dice and cards ; I also saw 
 a double-barrelled gun ; it was taken out of a case and looked at ; all the 
 things were taken away next day in a gig, by Thurtell and Hunt. After this, 
 Tlmrtell said, " I mean to have Barber Beaumont and Woods ;" Barber Beau- 
 mont is a director of a fire office with which John Tlmrtell had some dis- 
 pute; Woods is a young nan in London who keeps company with Miss 
 Noyes. It was a general conversation, and I cannot recollect the particulars ; 
 he might have mentioned other names, but I can't recollect them. Tlmrtell 
 said to Hunt, " We must now go out and fetch the body,and put it iu the pond." 
 I said, " By G d, you shan't put it in the pond, you'll be my ruin else." There 
 is a pond in my ground. Tlmrtell said, " Had it not been for the mistake of 
 Hunt I should have killed him in the other lane, and returned to town and in- 
 quired of his friends why he had not come." First, only Thurtell and Hunt went 
 out ; when they came back, Hunt said, " Probert, he is too heavy, we can't 
 carry him ; we have only brought him a little way." Thurtell said, " Will you 
 go with us ? I'll put the bridle on my horse and fetch him." I went out to the 
 stable with him, aud left Hunt waiting near the gate. ThurteH's horse was 
 "brought out, and Thurtell and I \vent down and brought the body on the horse ; 
 Hunt did not go with us. We took the body to Mr. Wardle's field, near my 
 gate. Hunt took the horse back to the stable, and came back to the garden, 
 and we dragged the body down the garden to the pond ; we put some stones in 
 the sack, and threw the body into the pond. The man's feet were perhaps half a 
 foot above the water ; John Tlmrtell got a cord, threw it round the feet, and 
 gave me the other end, and I dragged it into the centre of the pond, and it sunk. 
 We all three returned to the cottage, and I went to bed almost immediately. I 
 found my wife up ; next morning, I came down about nine o'clock, Thurtell 
 said, in presence of Hunt, that they had been down the lane, to look for the 
 pistol and knife, but neither could be found. They asked me to go down the 
 lane and seek them, in the course of the day ; which I promised to do. When 
 I went down the lane, I saw a man at work near the spot, so I took no notice. 
 That morning they went away after breakfast. On Sunday they came down 
 again ; and Thomas Thurtell and Mr. Noyes came also. Thomas Thurtell and 
 Hunt came in a gig. Hunt brought a new spade with him. He said it was 
 to dig a grave for the deceased that be brought it. Hunt returned with 
 the gig after setting down Thomas Thurtell, and brought John Thurtell and 
 Noyes in the chaise. Hunt was very dirtily dressed when he came down, 
 and went up stairs to change. When he came down, he was well dressed 
 in almost new clothes. Hunt said the clothes belonged to the deceased ; 
 he told me he had thrown a new spade over the hedge into my garden ; I 
 saw it afterwards ; it was a new spade. John Thurtell and I walked to the 
 
 Eond. He asked me if the body had risen ? I said, no ; and he said it would 
 ly their for a month. In the afternoon Hewart called, and I went with him to 
 Mr.Nicholls's. On my return, I told Thurtell and Hunt that Mr. Nicholls had 
 told me that some one had fired a pistol or gun off in GiU's-hilMane on Friday 
 night, and that there were cries of murder, as though some one had been 
 killed. He said it was about eight o'clock, and added, " I suppose it was done 
 by some of your friends to frighten each other." John Thurtell said,, " then 
 I am booked." I said, " I am afraid it's a bad job,'as Mr. Nicholls seems to know 
 all about it ; I am very sorry it ever happened here, as I fear it will be my ruin." 
 Thurtell said, " never mind, Probert, they can do nothing with you." I said 
 the body must be immediately taken out of my pond again. Thurtell said, " I'll 
 tell you what I'll do, Probert ; after you arc all gone to bed, Joe and I will take 
 the body up and bury it." Hunt was present at this. I told them that would 
 be as bad, if they buried it in the garden. John Thurtell said, " I'll bury him 
 where you nor no one else can find him." As John Tlmrtell was going into the 
 parlour. Hunt said, " Probert, they can do nothing with you or me, even if they 
 do find it out, as we were neither of us at the murder." Thurtell and Hunt sat 
 up all that night ; I, Noyes, and Thomas Thurtell, went to bed. Thomas Thur-
 
 61 
 
 tell slept with his children. In the morning, John Thnrtell and Hunt said they 
 went to dig a grave, but the dogs were barking all night, and they thought some 
 one was about the ground. J. Thurtell said, " Joe and I will come down to-- 
 night and take him quite away, and that will be better for you altogether." 
 Thomas Thurtell and Hunt, and my boy, Addis, went away in one chaise after 
 breakfast, and John Thurtell, T. Noyes, and Miss Noyes in another. The boy 
 was sent to town to be out of the way. That evening J. Thurtell and Hunt 
 came again in a gig about nine ; they took supper ; after supper, J. Thurtell 
 and I went to the stable, leaving Hunt talking to Mrs. Probert. Thurtell said, 
 " Come, let's get the body up ; while Hunt is talking to Mrs. Probert, she will 
 not suspect." We went to the pond, and got the body up ; we took it out of 
 the sack, and cut the clothes all off it. We left the body naked on the grass, 
 and returned to the parlour ; we then went to the stables, and John Thurtell 
 went to his gig, and took out a new sack and some cord ; we all three returned 
 to the pond, and put the body head-foremost into the sack; we all three car- 
 ried it to the lower garden gate; we left Hunt waiting with the body, while 
 Thurtell and I went round the pond. I carried the bundle of clothes, and 
 threw it into the gig; we then put the horse to, and Thurtell said, " we had better 
 leave the clothes here, Probert, there is not room for them. The clothes were 
 left, and the body was put into the gig. I refused to assist them in settling the 
 body in the gig. They went away. I, next morning, burnt some of tRe clothes, 
 and threw the rest away in different places. I was taken into custody on the 
 Tuesday evening after they went away. 
 
 Cross-examined by Mr. Andrews. I do not know who apprehended me. 
 "When I was taken, I did not express any desire to become witness ; I cannot 
 say when I first expressed a desire to become a witness. It was after Hunt had 
 made a confession. I can't say whether I was asked to become a witness be- 
 fore or after Hunt's confession. I heard that Hunt had made a confession, but 
 I don't recollect from whom. The first I heard of my becoming a witness was 
 when I was taken before the Grand Jury by Mr. Williams, to the best of my 
 recollection. Before that, I expected that we were all to be tried ; I did not 
 know what was to become of us; I did not know what was to be done to me. 
 I took no pains to become a witness before being taken before the Grand Jury ; 
 I have never seen Mrs. Prebert since I left my own house when I was arrested ; 
 I don't know of my own knowledge that Mrs. Probert is now here ; I was told so 
 by Mr. Williams, my solicitor ; I have had no other solicitor in this transaction. 
 
 Has not a Mr. Noel been your solicitor ? I am sorry to say that he has. 
 
 How long did he act in that capacity ? For a few mouths, in the year 1819. 
 
 Has he not acted as your solicitor since that period ? Not that I recollect. 
 
 Had you no communication with him in 1823 ? Not that I recollect, but I cannot 
 *wear tnat I have not. 
 
 You say you heard that some injury was intended to certain persons, and yet you 
 gave no alarm ? 1 did hear that at my cottage, but I did not believe it. 
 v You must have believed it when you heard of the murder ; and, when you saw the 
 dead body brought to your house, did not you give any alarm then ? I did not. 
 
 You received the parties into your house after the transaction ? I did. 
 
 You supped with them and breakfasted with them in company with your wife on 
 the following morning ? I did. 
 
 Were you sober then ? I was. 
 
 And yet you did not spurn them, and kick them from your house ? I did not. 
 
 Did you tell Mrs. Probert what had happened ? I did not. 
 
 Did not Mrs. Probert appear disturbed at what was going on ? She did. 
 
 Did she not ask you any questions as to what was passing ? She did. 
 
 Did you not tell her ? I am not certain. 
 
 By the virtue of your oath, Sir, did you not tell her what occurred on Friday night? 
 I can't swear positively, but I might have told her something. 
 
 Did not Mrs. Probert express uneasiness on the Saturday ? She did. 
 
 Did she not inquire who Hunt was ? No ; she had heard of him often, though she 
 had not seen him. 
 
 At what time did you come down on Saturday morning ? Between eight and nine. 
 
 Will you swear, upon your oath, that you did not come down at six o'clock on that 
 morning? Certainly, 1 cau swear that I did not. 
 
 Will you swear it was after eight when you came down ? I will not ; but, to the 
 best of my recollection, it was betweeu eight and nine. 
 
 What did you do when you came down? I went to the stable, or perhaps into the 
 garden. 
 
 Did you go down the &ue f I did notf
 
 62 
 
 What ?ort of hat did you wear on that occasion ? I think a black hat, such as I 
 generally wear. 
 
 Did you not wear a white hat ? 1 can't say. I have two or three hats, and 1 some- 
 times wear a white 6ne when at bone. 
 
 Did you see your wife receive a gold chain from J. Thurtell ? 1 did. 
 
 Did she wear it on the Saturday ? I did not see her wear it on the Saturday. 
 
 Did she, when she received it, put it on herself, or did Thurtell put it on ? I can't 
 tatc that, but I think she put it on herself; I saw Thurtell rise when he presented 
 it to her. 
 
 Did Mrs. Probert express any uneasiness on the Sunday ? 1 think she did. 
 
 When Thurtell produced the sack and cord on Friday night, where was the boy? 
 I think in the kitchen. 
 
 Where was the sack before Thurtell produced it? I don't know; I never saw it 
 before. 
 
 Will you swear you had not seen it before J. Thurtell said, " I'll go and fetch the 
 cord and sack ? " I will. 
 
 Did not the boy tell you where it was ? No. 
 
 Who was in the stable when the horse was taken out to fetch the body ? I don't 
 recollect. 
 
 Where was the boy then ? I think in bed ; he slept in the room over mine. 
 
 Were you ever in difficulties before this ? 1 have. 
 
 Were you ever in such a scrape as this before ? Never. 
 
 Had you never a charge of felony preferred against you before this ? I had. 
 
 Where was that ? In the King's Bench prison. 
 
 What was the nature of that charge ? I was accused of taking some silver from the 
 till of the man who kept the coffee-house, and who owed me 1001. at the time. 
 
 What was the consequence of that charge ? I was sent for six months to the house 
 of correction. 
 
 Was that the only charge of felony ever made against you ? Yes ; the only one. 
 
 Were you never in Hereford ? Yes ; I was born there. 
 
 Were you never charged with sheep-stealing there ? Never. 
 
 Well, perhaps it was lamb-stealing ? No, i was never charged with either. 
 
 Come, Sir, you know what I mean by charged ; were you never accused of such a 
 crime there ? Never. 
 
 Then the accusation i.s quite new to you ? It is. 
 
 Then what was the charge against you ? I had bought some skins, which were 
 afterwards owned. 
 
 Oh, then you were accused as a receiver of stolen goods ? 1 was not. 
 
 Were you not taken before a magistrate ? No. 
 
 Were the goods not taken away ? They were not. 
 
 I understand you have passed much of "your time in prison? I hare been in the 
 King's Bench prison, and in the Rules, between two and three years. 
 
 Mr. Justice Park. Were you imprisoned in the King's Bench on civil suits'? Yes, 
 my Lord. 
 
 Mr. Andrews. Well ; you have been in the House of Correction and in the King's 
 Bench prison ; are these all ? Yes. 
 
 Do you know Mr. Framstone ? I do. 
 
 Now, sir, having given you that name, I ask 5-0*11, on your oath, were you not com- 
 mitted by that gentleman for refusing to answer certain questions before the com- 
 missioners of bankrupts ? Yes; I wa* committed to the King's Bench prison. 
 
 Mr. Justice Park. I thought you were going to establish a new imprisonment : he 
 has already told us he has been in the King's Bench prison. 
 
 In answer to other questions he said, I never was a bankrupt but once. 
 My debts then amounted lo 14,0001. No dividend has been paid under it. 
 Money In- been received, but I cannot help it if they spend it. I was brought 
 up before the commissioners six or seven times, and at the last time I was 
 discharged. I have not been living at Gill's-hill cottage ever since ; I have 
 lived in the Strand, near Charing-cross, where I have carried on business 
 with my brother-in-law, We have no partnership. I never saw Thurtell's 
 horse before that ni<>ht. It was a dark gray horse. It was in my stable two 
 nights. I had an opportunity theii of seeing and knowing it. I am almost 
 sine iliat Hunt had a black hat on the Friday ni"ht. I have no doubt of this 
 in my own mind. I was often told by Thurtell that Mr. Woods and Mr. B. 
 Beaumont were marked out for destruction ; he told me this at the Cock, in 
 the Haymaikct. I never thought it necessary to remonstrate with Thurtell, 
 for I thought he would not do it. I was obliged to introduce Hunt to Mrs. 
 Probert. When Thurtell brought him to my house, Thurtell was making lore 
 to Mn. Probert's sister ; but as it was never likely to come to any thing, I did 
 utt think it necessary to interfere. I never mentioned his threats either to
 
 63 
 
 Mr. Woods or Mr. B. Beaumont; for John Thiu-tell was in the habit of talk- 
 ing upon such subjects, and I thought it was only his idle bravado. Even after 
 the Friday, I did not think it necessary to say any thing to him or to any one 
 elss, for then all my anxiety was to get rid of the body. I never gave any 
 other account on oath than that I have now given of the 51. received from 
 Thurtell. If 1 ever gave any other account, it was by mistake. No person 
 was present when the money taken from the body was distributed but we 
 three, Thurtell, Hunt, and myself. I cannot tell the name of any person 
 wko was present on the Friday, Saturday, or Sunday, because uo one was 
 present. There was a cook in the house, but she did not come into the par- 
 lour. There was no playing at cards that I recollect ; there were cards. I 
 do nt know nor believe that my wile called for cards on the Sunday night. I 
 never knw her play at cards in my life. No person played at card* on Sun- 
 day that I know of. I do not recollect any one saying that it was a bad ex- 
 ample for the children. I have lived in London eleven years, and hare been 
 down in the country several times during that period. I cannot tell when was 
 the last time that Mr. Noel transacted business for me as my attorney. I will 
 not wear that it was on the 24th of October, because I cannot recollect. 
 
 Cross-examined by Mr. Thessiger. I met the parties at Tetsall's more than 
 a week; had no particular conversation with Hunt, until the Friday night. 
 I had dined with him in company several times, and had known him more 
 than twelve months. It was I who introduced Hunt to Thurtell; perhaps 
 about six or seven months ago, at the Cock, in the Haymarket. I never re- 
 collect inviting Hunt to Gill's-hill-cottage ; but if I did, he never came. 
 He never was there before Friday, the 2ith of October. The invitation 
 did not then proceed from me. Before Thurtell applied to me to drive 
 Hunt down, I had not, to my knowledge, given him any invitation. I 
 did not at that time say there was no spare bed. When Thurtell asked 
 me to give Hunt the 20s. in case of my not going, I was not surprise**. 
 Hunt paid for the park purchased in Oxford-street, at my request ; 1 
 believe I never re-paid him ; I think it only came to about Is. 6d. ; 1 did not 
 apply for the remainder ef my 20s. back again. I had borrowed 51. from Tet* 
 sail, and had also some money in my pocket, it was therefore of no cousequeHce. 
 I could have had 50*. of Tetsall it I had wanted it. I said nothing more when 
 Hunt told me to pass on, and not to take any notice of who was in the other 
 gig; I don't recollect that I did. The night was starlight; there was no 
 innon. Hunt had never been to Gill's-hill cottage before, but had been to 
 St. Albans. Mr. Phillimore's lods-e is about one mile and a half beyond Els- 
 tree, in the high-road. Hunt, I believe, paid for the brandy and water we 
 had ou ihe road. I paid for one glass, and Hunt the other four or five. 1 paui 
 for the coin bought at Edge ware. I lecollect th^re were (wo or three hand, 
 kerchiefs, but I don't know when-, they are now. I burnfthe W. out of one of 
 them. I did not tell this before, because I was not asked. 1 did say to Mr. 
 Franklin, the clergyman, and up to the day I went before the grand jury, that 
 Hunt and I were innoccnt^of the murder I might have said neither of us 
 were guilty : it is very likely I did ; I cannot s,iy. I did, perhaps, say to the 
 minister, Mr Franklin, that neither Hunt nor I knew any thing of the murder 
 until after it was committed. I was convicted of felony, but the public wa.^ 
 gfctUfied of my innocence. 
 
 Re-examined by Mr. Gurney. When I went to Mr. Nicholls's house on Sun- 
 day evening, I. was out perhaps two hours, I cannot say exactly, When the 
 conversation which has been allmled to between Mr. Franklin and mvself took 
 place, I was a prisoner, and Hunt also. 
 
 The Judjje. You sjy when you went up stairs, Mrs. Probert asked you 
 about what she had s.eii, and you told ber it was netting. What led you to 
 say so ? 
 
 When I went up stairs she was in a passion, an,l ready to cry. SI.e said, 
 " What have you been doing ? yon have been counting money, burning paper, 
 and dragging soniMhing very heavy across the grounds." I then told her it 
 was netting which John Thurtell had brought down. I said this for the pur- 
 pose of pacifying her. When I went up stairs I did not obseive whether the 
 windows were open or shut. Mrs. Prooert was dressed at this time. 
 
 Mrs. Probert was then called. She was genteelly dressed. She had a blue 
 pelisse, a Leghorn straw bonnet and green veil. By the desire of his Lordship,
 
 64 
 
 hlie was accommodated with a seat. She spoke in a low tone, but Mr. Gm-iiey 
 kindly repeated her answers aloud. Her testimony was as follows : I remem- 
 ber the night of the 24th ef October, when Mr. John Thui tell and Mr. Hunt 
 came to Gill's-hill Cottage, to have heard the sound of n gig passing my cottage. 
 It was about eight o'clock, 1 think. The bell of our cottage was rung nearly an 
 hour after. After that ring nobody came in to our house. My husband came 
 home that night nearly at ten. I came down stairs, found Mr. Probert, John 
 Thurtcll, and a stranger, in the parlour. My husband introduced that stranger 
 as Mr. Hunt tome. I saw John Thurtell take out a gold chain, which In 
 .showed to me. It was a gold watch chain with a great deal of work about it ; 
 it was such a chain as this, I think [the chain was shown her]. He offered to 
 make it a present to me; I refused it for some time, and at last be gave it to 
 me [she was shown the box and chain produced by the constable at Watford]. 
 I recollect giving that box and the chain to the constable, in the presence of the 
 magistrates. When I and Miss Noyes went up stairs, we left John Thurtell, 
 Hunt, and Mr. Probert in the room. I did not go to bed immediately; I went 
 from my room to the stairs to listen ; I leaned over the banisters. What I heard 
 in leaning over the banisters, was all in a whisper. What I heard at first was, 
 I thought, about trying on clothes. The first I heard was, " This, I think, will 
 fit you very well." I heard a noise like a rustling of papers on the table ; I 
 heard also something like the noise of papers thrown in the fire. I afterwards 
 went up to my own chamber. Out of doors I saw something; I looked 
 from my window, and saw two gentlemen go from the parlour to the stable ; 
 they led a horse out of the stable, and opened the yard gate and let the 
 horse out. Some time after that I heard something in the garden ; I heard 
 something dragged, as it seemed, very heavily ; it appeared to me to come 
 from the stable to the garden ; the garden is near the back gate ; it was 
 dragged along the dark walk ; I had a view of it, when they dragged it 
 out of tire dark walk ; it seemed very large and heavy ; it was in a sack. 
 It was after this I heard the rustling of papers, and the conversation 
 I have described. After the sack was dragged out of the dark walk, I had a 
 view of it until it was halfway down the walk to the pond. I had a good view 
 of it so far. After this I heard a noise like a heap 01 stones thrown into a pit, 
 I can't describe it any other way; it was a hollow sound. I heard, besides 
 what I have before mentioned, some further conversation. The first I heard 
 was, I think, Hunt's voice ; he said " let us take a 51. note each/' I did not 
 hear Thurtell say any thing ; then I am trying to recollect I heard another 
 voice say, " we must say there was a hare thrown up in the gig on the cushion 
 we must tell the boy so in the morning." I next heard a voice, I can't 
 exactly say whose, " we had better be off to town by four or five o'clock in the 
 morning;" and then I think John Thurtell it was, who said " we had better not 
 go before eight or nine o'clock ;" and the parlour door then shut. I heard John 
 Thurtell say also (I think it was his voice), " Holding shall be next." I rather 
 think it was Hunt who next spoke ; he asked, " has he (Holding) got money?" 
 John Thurtell replied, " it is not money I want, ilTis revenge ; it is," said John 
 Thurtell, "Holding who has ruined my friend here." I did not at first under- 
 stand who this friend was ; I believe it meant Mr. Probert, my husband. I can- 
 not say whether Holding had any thing to do in the transactions of my hus- 
 band's bankruptcy. " It was Holding," said J. Thurtell, " who ruined my 
 friend here, and destroyed my peace of mind." My husband came to bed 
 about half-past one or two o'clock ; I believe it was ; I did not know exactly 
 the hour. 
 
 A short conversation then took place in a low tone, which was not heard in 
 the reporter's box, between the Counsel for the prisoners, and the learned 
 Judge, and Mr. Gurney, as to whether it was proper to ask Mrs. Probert 
 concerning any conversation that passed between her and her husband. 
 
 Mr. Justice Park said to Mr. Gurney, " All that you can ask, is, whethei u 
 conversation took place, in which witness communicated to her husband wliat 
 she had seen and heard. You cannot ask what her husband said." 
 
 Mr. Gurney then asked the witness " When your husband came to bed, did 
 yon mention to him what you had seen and heard, according to the evidence 
 you have given ?** <* 
 
 The witness, Mrs. Probert, became apparently excessively agitated, and 
 faistly articulated, Mu?t I answer?"
 
 67 
 
 Mr. Gurney. I do not want you to tell us what was said. 
 
 Mr. Justice Park. Pray compose yourself, good woman; yon need not be 
 alarmed. 
 
 Mrs. Probert. Must I answer questions concerning my husband ? These 
 were, we believe, her words ; but the low and faltering and hysterical manner 
 in which they were pronounced, rendered it difficult to catch them. 
 
 Mr. Gurney. No evidence you now give can prejudice your husband. He 
 has been fhis day put before ajury of his countrymen, and acquitted of this murder. 
 
 Mrs. Probert, in a sobbing, hysterical shriek, " Oh, has he ! has he!" 
 
 Mr. Gurney repeated his question. 
 
 Mrs. Probert. Oh, I'll answer anything! but has he been acquitted ? [The 
 agitation of the witness for some time was so excessive, that she was unable to 
 attend to the questions. She ejaculated at times a few unconnected words, in 
 a low sobbing tone.] 
 
 Mr. Justice Park. Pray compose yourself, pray, good woman. Don't be 
 alarmed; we are not wanting you to say any thing against your husband. No- 
 thing will be drawn from you against your husband. Pray compose yourself; 
 pray do not be alarmed. 
 
 During this scene, Hunt turned round t the persons standing by him in 
 the dock, and smiled, as if in incredulity of Mrs. Probert's appearance of 
 feeling. 
 
 Thurtell did not change his countenance, bat bent down a little, and took 
 snuff, drawing up his brows, and closing his lips firmly, with the expression of 
 face habitual to him. 
 
 Mr. Gurney then repeated his question, and Mrs. Probert answered Yes, I 
 did mention to him (my husband) what I had seen and heard. 
 
 The jiext morning Hunt and Thurtell came and dined with us, and on the 
 Sunday, Thomas Noyes and T. Thurtell then al*o came. On the Monday night 
 J. Thurtell and Hunt came again ; it was past nine, I think, when they came. 
 They stayed to suppor, and went away soon after. 
 
 Cross-examined by Mr. Platt. You affected surprise to hear that your hus- 
 band was acquitted. Now, did you not know that he was to be acquitted 
 previously to his giving evidence ? No [in a low tone]. 
 
 Did you not. hear that he was to be acquitted of the charge, provided he gave 
 his testimony here truly ? I don't recollect that I was told so. 
 
 Can you say on your oath that you were not told so ? I don't know that 
 I was. 
 
 There were two garden gates on the left-hand side of the road, going along 
 the lane; one as you passed out of the lane into the stable yard ; another gate, 
 leading to the garden, forms part of a high fence ; my bed -room window looked 
 towards the fence. I could look over the fence, so as to see the horse come 
 out of the door, and I think I could see the door-way of the stable itself; 
 it was a fine moon-light night. There was but one sitting-room in the 
 cottage over the parlour, the window of which looks to the garden; I 
 rather think the short man whom I saw dragging something heavy was 
 Hunt; it was at the landing-place of the floor where I slept that I lis- 
 tened ; all the conversation was carried on in whispers ; there was a great 
 deal of whispering which I did not hear ; I could not distinctly hear 
 the whole of the conversation ; I thought I could discover the different voices, 
 but cannot be positive ; my husband whispered so low that I could not hear 
 him ; cannot take upon myself to say positively that he did whisper; my hus- 
 band gave me no money just before he was apprehended; he did not give me 
 23J. ; did not tell me what to say, if any body should come ; never saw Holding 
 in John Thurtell's company ; it was my husband who was acquainted with 
 Holding ; I and Miss Noyes retired to bed about twelve ; I was in my room a 
 little time before I went to the window ; a few minutes after I got up stairs, 
 I saw the horse coming from the stable ; I heard the parlour door opened a 
 few minutes after ; I saw a short man with a light, and another go out from the 
 parlour to the stable ; heard no noise in the stable ; cannot say whether the 
 light continued in the stable till I saw the horse ; I heard no one go out before 
 that, but I think I heard some one go into the kitchen before ; we kept a store 
 of potatoes in the garden ; there was a hole made for them, and they were 
 covered over. I went out into the garden on Saturday; I did not go near the 
 pond ; cannot say whether the pond is so shallow that you may see the bottom ;
 
 68 
 
 seldom went to look at the fish in the pond ; did not pro out'on Sunday or Monday ; 
 the walk on entering the garden is what I called the dark walk, and is surrounded 
 hy shrubs. I heard the noise first in the dark walk; it seemed as if something 
 heavy was being dragged along the dark part of the path. After I heard this 
 noise in the dark walk, I .saw something dragged along the path leading to the 
 pond : I know the part where the apple-tree stands, and I know the part op- 
 posite to it; this is the part of the pond furthest removed from the cottage; I 
 think it is a continuation of the path where I saw something heavy dragged along; 
 I did not see my hnshand in the garden when I looked out of the window. 
 
 By Mr. Thessiger. I did not expect my husband home on the 24th October ; 
 
 was not prepared to receive the persons he brought. My husband went away 
 on the preceding Monday morning; I never saw Hunt before ; he was intro- 
 duced by my husband ; my husband did not say he was the gentleman of whom 
 I had often heard him speak ; there was singing on the Friday night ; Hunt 
 sung two songs ; nobody else sung ; it was not by my husband's desire or re- 
 quest that Hunt sung; John Thurtell asked him to sing once, and I asked him 
 myself the second time ; I pressed him to sing ; we did not play cards on that 
 night ; Thurtell gave me the chain after supper, before the singing ; I did not 
 attempt to return the chain to him on Sunday, after I had seen all that passed 
 from the window; there were cards on Sunday night ; I did not introduce 
 them ; cannot exactly say who played ; Probert was gone at the time; I did 
 not play ; do not know whose cards they were ; I will swear nay husband did 
 not join in the play ; it is possible he might have come in before the play was 
 over : I did not hear either of the Thurtells remonstrate against it, and say it 
 was a bad example for the children ; Mr. Noyes came down on Sunday, and 
 stayed till Monday morning; I did not communicate to him what I had seen 
 and heard ; did not show him the gold chain at that time. 
 
 THOMAS THURTELL'S EXAMINATION. 
 
 Thomas Thurtell was next called. [The moment he appeared in the witness 
 box, every eye was turned towards his brother in the dock. The prisoner Thur- 
 tell looked upon him with the same apparent indifference with which he had 
 viewed the other witnesses. He took up his pen, and began to make arrange- 
 ments for continuing to take notes as before. The witness at first seemed 
 somewhat agitated, but after a few minutes he regained his composure.] 
 
 Examined by Mr. Gurney. I was at Tetsall's on Friday, the 24th of Octe- 
 ber. Hunt and my brother John dined there. I remember that some time 
 after dinner Hunt was away for a time. I rather think he brought a sack with 
 him, and I think a gig to the door. He did not say any thing to my know- 
 ledge. The witness was des4red to recollect himself, but he persisted in the 
 same answer. The horse in the gig was a grey horse. My brother went away 
 in the gig. 
 
 Here the witness begged the court to think of the distressing situation in 
 which stood. 
 
 Mr. Justice Park said the court felt every thing for the situation of the wit- 
 ness, but justice required that he should answer the questions put to him. No 
 doubt they would be put with every feeling for his situation. 
 
 The examination was then continued. 
 
 My brother went away in Probert's gig. 
 
 By Mr. Gurney. Upon your oath did you not hear Hunt make some obser- 
 vations to Probert before dinner ? 
 
 There were some made, but I can't now recollect what they were. I saw 
 gome pistols, two large pistols, iu the room. I think I heard Hunt say to Pro- 
 bert, " Bill, will you be in it?" or something to that effect. On the next day 
 I saw Hunt. He asked me if I wanted money ? 1 think he named 201. or some- 
 thing thereabout. He did not say how he came by such money. I saw some 
 considerable sm with him, and I was surprised to see it with him. He said 
 they had been drawing game, or netting game. 
 
 Did he say what he meant P Did he explain : 
 
 The witness hesitated to answer. 
 
 Mr. Justice Park (to the witness.) I now feel it my duty, Sir, to cautioji 
 yon as to your answers. I have before me the statements you made in your 
 examination before the magistrates, and I caution you to answer strictly to the 
 question* proposed. The court considers your situation, but justice must be
 
 60 
 
 done. After this, I trust I shall not have ocaasiou to say more or to e\orei-o 
 tliepower with which I am invested. 
 
 Thomas Thurtell said he could not remember every thing. 
 
 Examination continued. Hunt said, we Turpin lads can do the, trick, or some- 
 thing of that sort. There was something said about a bag. Hunt said he had 
 been killing game, and Probert held the l>a<r. (The witness showed consider- 
 able reluctance in giving this testimony.) Hunt used the word murder in joke. 
 Hunt said we have been committing murder, or something of that sort in joke. 
 He said," we have been committing murder to be sure." This wa* in answer to 
 a question from me ; of course I asked them what they had been doing. I went 
 to Probert's cottage on Sunday. I walked as far as MaidaHill ; Hunt and my 
 brother then took me up in a gig ; I saw a spade in the gig ; when I came to 
 Probert's, Hunt asked me to throw the spade over the garden gate ; my brother 
 had got down and was walking with Noyes, whom we overtook. I said, with 
 regard to the spade, " had you not better take it as far as the stable ' and he 
 said, No ; I know what I am about ; and by his desire I threw it over. He 
 said, he did not wish Probert's wife to know it, or something of that kind. 
 
 Cross-examined by Mr. Thessiger. This conversation about Turpin-likelads 
 was after dinner. They had not been drinking much wine. I was present at Gill's- 
 hill cottage on Sunday night ; I recollect cards being introduced; we were all 
 present, I believe ; I will not be certain. Witness stood down. 
 
 Thomas Noyes, sworn, and examined by Mr. Holland. I am a winemer- 
 chairt ; I know Mr. Tetsall, Thomas Thurtell, and the prisoners. On Friday 
 the 24th of October, I dined with them at TetsalFs ; Mr. Probert borrowed 
 some money of Mr. Tetsall, for the purpose of paying it over to John Thurtell. 
 John Thurtell went away in a gig ; it was an iron-grey horse ; he was alone ; 
 Hunt and Mr. Probert also went away in Probert's gig ; I saw some of them 
 again on the Saturday morning at Tetsall's ; I saw John Thurtell, Hunt, and 
 Thomas Thurtell ; I went down to my brother-in-law's cottage on Sunday ; I 
 walked, and the twoThurtells and Hunt overtook me in a gig; John Thurtell 
 alighted, and walked with me ; Thomas Thurtell went on with Hunt. 1 was 
 afterwards met by Thomas Thurtell in a gig at Brockley Hill. He came to meet 
 us in a gig. On the Sunday evening in question, at Gill's -hill, cards were in- 
 troduced. John Thurtell, Thomas Thurtell, Hunt, and myself, played at whist. 
 Probert went out. We did not play the game out. Probert was absent a 
 quarter of an hour. On that night Thnrtell and Hunt sat up. I left the cot- 
 tage on Monday, at past two ; my sister and John Thurtell were of the party. 
 The others went away in the morning. 
 
 Cross-examined by Mr. Chitty. When they played cards on the Sunday, John 
 Thurtell threw the cards up, and said he could not play such cards, they ran 
 cross. There was nothing said about the children. 
 
 Miss Anne Noyes sworn, and examined by Mr. Broderick. She was at first a 
 good deal agitated, and was accommodated with a chair. I was at Mr. Probert's 
 cottage on Friday, the 24th of October. About eight o'clock I heard a gig 
 passing. I heard a ring at the bell about half-past nine ; during the evening 
 Mr. John Thurtell, Hunt, and Mr. Probert, came into the room ; Thurtell had 
 a black coat on. [Here there was a tremendous outcry outside the Court. Mr. 
 Justice Park, observing that no person moved to stop this noise, said h would 
 fine Mr. Hawkins 50/. if he heard the noise repeated.] I knew that Mr. Pro- 
 bert had a white hat, which was kept in the hall. None of the three had a 
 white hat that evening. They had a little brandy, and I rather think that John 
 Thurtell proposed to go to Mr. Nicholls*s to ask for a day's shooting. They all 
 went, and returned about eleven ; when they came back, they mentioned that 
 Mr. Nicholls was not at home. They had supper ; I did not sup with them. I 
 saw a gold watch that Mr. Thurtell had; he took it out of his pocket; it had a 
 chain. It was a hunting watch. Mr. Thurtell took the chain off, and gve it 
 to Mrs. Probert ; he proposed that Mr. Probert should give it to her first ; but 
 on Mr. Probert declining, he put it round her neck himself. The chain pro- 
 duced she believed to be the same ; there was some singing that night ; Mr. 
 Hunt sung ; soon after I went to bed. I did not come down the next morning 
 till after breakfast. I saw Hunt and Thurtell go out at half-past nine. On the 
 Sunday morning, Mr. John Thurtell, Thomas Thurtell, and Hunt, came down. 
 I believe Hunt's dress was changed after he came to our house. When the 
 dress was changed he had on a black coat and waistcoat, and, I rather think, a
 
 70 
 
 white handkerchief. Mr. John Thurtell said, " How smart Mr. Hunt is dressed, 
 to-day." Hunt had rather large whiskers. During the day the word " Turpin" 
 was used. John Thnrtell said that Probert would not do for a Turpin. There 
 were cards played that evening. I saw Mr. Heward on Sunday. Mr. Prebert 
 went out on the Sunday evening. I went up with Mr. Thurtell the next day. 
 I saw a knife in John Thurtell's possession. [The knife produced by the consta- 
 ble was handed to the witness: it was the same found in the lane.] The knife 
 she saw with John Thurtell v. is very like this. 
 
 Cross-examined by Mr. Andrews. I slept in a room very near where Probert 
 slept ; I did not hear him get up that morning; I have seen Mr. Probert in a 
 white hat and a black hat ; the hall was the passage leading into the parlour 
 from the kitchen ; I did not see Probert go out on the Saturday ; John] Thur- 
 tell had been often at the cottage before ; he slept there several times, and did 
 not always sleep on the sofa ; I can swear he once slept nearly a week at the 
 cottage ; he slept alone. 
 
 Cross-examined by Mr. Thessiger. I was present when Mr. Hunt was in- 
 troduced to Mrs. Probert ; Mr. Probert did not say he was the singer he had 
 often talked about ; Mr. Probert did say that Mr. Hunt was a good singer ; 
 this was before he sung after supper. 
 
 Re-examined by Mr. Broderick. The passage which I described as the hall 
 leads to the staircase. 
 
 Charles Tetsall, examined by Mr. Holland. I keep the Coach and Horses, in 
 Conduit-streeK Since the 21st of October, Probert, Hunt, and Thurtell have 
 frequented ny house. I recollect that on the 24th of October, the two Thurtells, 
 Hunt, and Probert, dined at my house. Probert then asked me to lend him five 
 pounds. I dont know what he did with it. I did not see them go away, and 
 don't know when they did go. 
 
 Cross-examined by Mr. Thessiger. The two Thurtells were introduced to me 
 by Probert, who told me that they were anxious to keep out of the way. 
 
 Re-examined. Hun t 'v whiskers, about the 21st, were very large. I observed 
 that on the Monday after the 24th, they were shaved off. On the Sunday after 
 the Friday of the murder, I observed Hunt and ThurteW at my house. Mr. 
 John Thurtell was dressed in leather breeches, long gaiters, and drab waistcoat. 
 He went, with his shirt open, across the street to get shaved. I never saw him 
 in those clothes before. At that time Hunt was with him ; he was dressed in 
 black, and very indifferently. They went away about half-past ten. I put into 
 the gig in which they went, a piece of beef. I saw a shovel in the gig. 
 
 By Mr. Thessiger. If Probert swore that he' did not introduce the Thurtells 
 to me, he swore falsely ; for he wanted me to be a bondsman for them. 
 
 Mr. Justice Park observed, that Probert had not sworn as the learned coun- 
 sel seemed to suppose. 
 
 William Rexworthy again called. I have known William Weare for upwards 
 of sixteen years. He had the reputation of being a person of property. I 
 always considered him such. He generally carried it next his skin. He told 
 me so, and I Tiave seen him put his hand to his left side, and take large sums 
 from his flannel waistcoat. I have seen him and the Thurtells together. I saw 
 them three times together before the murder. The last time I saw them was the 
 Friday. The first time I saw them, there were three or four of them together. 
 John Thnrtell came to my house, and asked if Weare was there. I said not, 
 but showed them into another room, and was showing them a new billiard 
 table, when a knock came to the door, and Weare came in. This was about 
 nine o'clock. I saw John Thurtell alone with Mm the evening before the 
 murder. I did not hear any thing pass between them. When they began to 
 talk I left the room. On Friday morning Weare called upon me at No. 6, 
 Spring Gardens, between one and two o'clock. Weare left me, and I saw him 
 no more that day. 
 
 Cross-examined. I have two billiard rooms. They are much frequented. 
 Persons come so early as eleven o'clork. I see the same faces there often, as 
 well those who play as those who look on. I saw the body when first it was 
 taken out of the water. I also saw it in the coffin. I did not go to see it re- 
 interred. I saw it before it was interred. 
 
 Re-examined by Mr. Holland. I know this knife well. It belonged to the 
 wan no more. (It was found in the lane.) 
 Cross-examined. There was a particular mark on it, It was chipped by
 
 71 
 
 another knife. I oace had it for fourteen days in my possession. I know the 
 knife by the mark, and its being worn. If you open it you would see it is a 
 remarkable knife. 
 
 Mr. Andrew. I should say not, perhaps. 
 
 Witness. It is remarkably worn. I have no doubt whatever of it. 
 
 The knife was here handed to the Jury. 
 
 Examined by the Court. I saw the legs when the body was taken out of the 
 water. They were naked. When I saw it at the Artichoke laid out, the body 
 was naked. This was after it was taken out of the water. 
 
 Mary Maloncy, examined by Mr. Broderick. I was laundress to the late 
 Mr. Weare, of No. 2, Lyon's-inn. I remember Friday, 24th October, I went 
 into his room on that day, and saw his clothes and linen laid on the drawers. 
 Mr. Weare put them iiito his carpet bag. That (pointing to a bag) was his 
 bag. He put into it five linen shirts, six pair of stockings, a shooting jacket, 
 leggings, breeches, a pair of laced boots, and a pair of Wellingtons. He had 
 also a backgammon- board, which he put in. That backgammon-board (look- 
 ing at one produced) was Mr. Weare's. He dined at his chambers between 
 one and two o'clock. I did not expect him to sleep in chambers that night, be- 
 cause he said he was going out of town till Tuesday. I went to the Spotted 
 Dog, Strand, about three o'clock, to get him a coach. It came by Clement's- 
 church, along Holy well- street, to Lyon's-inn. The horses' heads were turned 
 to Cliaring-cross. He started a little after three o'clock. A double-barrel gun, 
 a little box, a carpet bag, and a three caped box coat were put into the coach. 
 Mr. Weare put in the gun himself. He had on a new olive-coloured coat. He 
 had a gold watch with him. That watch had a chain to it. I know the chain. 
 It was exactly like the one produced to me. Mr. Weare had a knife. That is 
 it. Mr. Weare's watch was a lady's watch, and was double cased with a gold 
 face. Mr. Weare wore a steel chain round his neck to secure it. I saw the 
 coach drive off towards Charing-cross. The witness then identified several 
 articles of Mr. Weare's linen which were produced to her. 
 
 During the examination of this witness, a whistle was heard in the gallery re- 
 served for the magistrates. Mr. Justice Park looked up to it, and said " Can 
 those be magistrates acting in that way ?" 
 
 Thomas Carr, examined by Mr. Bolland. I drove a hackney chariot for Mr. 
 Beckett, in October last, for three weeks. I recollect taking up a gentleman 
 at Lyon's-inn in that month. I did not take up more than one gentleman there 
 in that month. I was called from the Spotted Dog by a young woman. I drove 
 by her desire to Lyon's-inn. A shortish gentleman got in there. A carpet bag 
 and a gun were put into the carriage. The gentleman put in the gun, and the 
 girl the bag. I remember the week when this murder was committed. I can- 
 not say whether it was in that week, but it was about that time. I drove to 
 Charing-cross, and from that place to Maddox -street, where the gentleman got 
 out. He got in again, and he then ordered me to drive up Welbeck-street, 
 to the New-road, and along it to Cumberland-street. He then got out again. 
 He came back to me witli a tall gentleman in a rough coat. He paid me the 
 fare, and took out his things. The two gentlemen went down Cumberland- 
 street. It was then about half past four. Some of the lamps were lighted, 
 some not, for it was still day-light. 
 
 Thomas Wilson, examined by Mr. Broderick. I am a horse patrol. I was on 
 the Egdeware-road on the 24th of October. I do not know John Thurtell. I 
 met two persons in a gig drawn by a roan gray, between the 5th and 6th mile- 
 stone from Tyburn. They were driving at a very furious rate. I should know 
 the horse again, though not the men. I pointed out the horse in Mr. Probatt's 
 stable : it had a very white face. 
 
 By Mr. Andrews. The gig passed me quickly. It was about half-past six 
 or seven, but I had an opportunity of seeing it well. I described the horse as 
 a roan gray to Mr. Clutterbuck, Mr. Stafford, the clerk at Bow-street, and the 
 gentlemen in the secretary of state's office. I observed the gig ; it was of a 
 dark colour, but I cannot say what colour. I knew that the horse which I 
 saw was one which I was going to identify. I always said it was a roan horse, 
 and not an iron gray. 
 James Shephard, examined by Mr. Broderick. I am hostler at Mr. Cross's 
 
 stables, Whitcombe-street, where Hunt came to hire a gig on a Friday, the 
 
 the wek before I heard of Mr, Weare's murdert He said the gig, which wag
 
 72 
 
 dark green one, wa going to Dartford. It wa? a roan horse, with rather a 
 whiter head than the body. The horse belonged to Probatt, the livery- 
 stable-keeper. Hunt asked me for a sack. On the Sunday he hired a bay 
 horse and a yellow gig, which he brought back on the middle of the Monday. 
 He said he should want the same horse at three o'clock that he had on the 
 Friday. He had it at half-past three o'clock (the roan horse), and returned 
 with it at three o'clock on the following morning. I looked at the gig then ; 
 both th horse and gig were very dirty, and there was a little blood at the 
 bottom of the gig, and the whip was much used ; the thong was three parts 
 unravelled. 
 Cross-examined. I cannot say that it was Hunt who brought home the 
 
 Benjamin Cox well, examined by Mr. Holland. I am shopman to Benjamin 
 Hall, High-street, Marylebone. The pistols shown to me now are the same, I 
 believe, which I sold to two men at three o'clock in the afternoon of the 24th of 
 October, for 11. 15s. ; they were marked It. 17s. One of the men was a short 
 one, and the other taller ; but I cannot identify their persons. 
 
 No cross-examination of this witness. 
 
 John Butler, examined by Mr. Broderick. I am hostler at the Bald-faced 
 Stag, half a mile from Edgeware, and was there on the 24th of October. I 
 know Mr. Probert, and saw him there between 6 and 7 o'clock on that evening, 
 in a one-horse chaise, drawn by a bony horse. He stopped and baited his hoi M> 
 for a very few minutes, and went on towards Edgeware. 
 
 William Clarke, examined by Mr. Holland. I was landlord of the White 
 Lion, at Edgeware, and know John Thnrtell, whom I saw about twenty or 
 thirty yards beyond the nine mile stone on the Edgt-w are-road ; he was then 
 driving very hard at the wrong side of the road, and he called out (Here the 
 witness used the ejaculation of whip-men' who want to avoid contact on the 
 road.) I heard his voice in this manner; and his horse was light faced : a man 
 of short " statue" was in the gig with him. On my return to my own house, I 
 met Probert and Hunt, with a gig and a brown horse, at my own door. They 
 had some brandy and water, and we began to talk of Thurtell's private 
 business. 
 
 Mr. Holland. That's enough, don't say what that business was. 
 
 Witness resumed. Hunt alighted at that time, and took some brandy at my 
 bar: he also took out a newspaper, and, talking of Thurtell, said, " Look at 
 that." They then went away. On the Sunday after, I met Mr. John Thurtell 
 walking with Mr. Noyes. He looked ill ; I remarked it, and he hinted that it 
 was owing to the want of bail in the bankruptcy business. Hunt had large 
 whiskers on when I met him on the 24th of October, but he had shaved them 
 off before he was taken. 
 
 Cross-examined by Mr. Andrews. It was nearly dark at the time. I only 
 saw one coach with the lamps lighted. I observed the chaise in which Thurtell 
 wa, merely because of its being on the wrong side of the road. It was between 
 the quarter and 20 minutes past seven o'clock when I met Probert's gig, and 
 they stopped for a quarter of an hour. 
 
 David White, the son of a corn-chandler at Edgeware, examined by Mr. Bro- 
 derick, said I rememberProbert coming to my father's house at seven o'clock, 
 on the evening of the 24th of October, and purchasing some beans and oats. 
 
 Cross-examined. He did not seem to be in a hurry to get away. 
 
 Stephen Probatt, examined by Mr. Broderick. I keep the White Lion Inn at 
 Charing-cross. The prisoner Hunt borrowed a horse from my son on the 24th 
 ef October, and had a bay horse on the Sunday ; but the horse which he bor- 
 rowed on the Friday was a roan horse, and he had it again on Monday. On 
 the Monday I changed a 5i. note for Hunt, for the hire of the horse and gig, 
 for which he paid ll. 6s. A Mr. Reece was in my coffee-room ; he remarked 
 that he was a snug sort of a man, and ought to get a knock in the head. Hunt 
 afterwards pulled out a pistol, and said, " This is a good fellow to do business." 
 (Here a pistol was produced.) I cannot say that that was the pistol. The 
 roan horse was now in Hertford, and had conspicuously a white face. 
 
 Cross-examined by Mr. Thessiger. I cannot say whether be seriously meant 
 that I should knock Mr. Reece on the head when he made the remark. 
 
 Robert Field recalled and examined by Mr. Bolland. I knew Mr. Probert 
 before October lust. He came to my house with another person on the 24th
 
 October, in a ene-horse chaise. I did not know that person then, but do now. 
 At iny house they had five glasses of brandy and water in the gig. Probert 
 asked his friend to sing, saying " Give us a song." He said he could not ; 
 " Give us a verse then," said he. Hunt said he could not. They stopped half 
 an hour or more. My house is about 200 yards from Elstree, on the St. Albana 
 side. I saw the singing man on Monday with another man, John Thurtell. I 
 saw them at my house about half-past five o'clock ; they remained a quarter of 
 an hour walking about and conversing together. In about half an hour, or three 
 quarters, the horse was again put to, and they went away. I saw Hunt agaia 
 on the Tuesday following, at half-past three, in a one-horse chaise. He came 
 in the direction of London. I gave him a sack and shirt. They have been in 
 my possession from the time of the inquest. 
 
 Cross-examined by Mr. Platt. It wanted eleven minutes to nine, when they 
 were going, by my watch, and I saw they were breaking up early. Coaches 
 pass my house frequently. 
 
 Richard Bingham was next called, but first- 
 Mary Malouey was recalled, and requested to stand by and attend to this 
 witness. 
 
 Richard Bingham examined by Mr. Broderick. I am hostler at the White 
 Lion ; about twelve o'clock in the day, two gentlemen came to the White Lion. 
 One had whiskers that came down to his mouth was of a sallow complexion, 
 and of short stature. He had also high cheek bones. They did not stop long* 
 The short man was about five or six and thirty. 
 
 Mary Maloney examined by Mr. Broderick. This description corresponds 
 with that of Mr. Weare. 
 
 Richard Bingham's examination resumed. It was a bald-faced horse they 
 had. I have not seen it since to my knowledge. I do live with Mr. Clarke, 
 my master. He came home soon after the gig came up. Another gig after- 
 wards came up. 
 
 Cross-examined by Mr. Andrews. The first gig could not have gone more 
 than a mile before the other. It was not a dark night. 
 
 By his Lordship. At what time did the moon get up that evening ? I can't 
 say, my Lord. 
 
 Cross-examination resumed. The men in the first gig did not get out. 
 
 James Freeman examined by Mr. Broderick : I am a labourer, living at 
 a place called " The Folly," near Gill's-hill-cottage. I had occasion to go 
 out on the 28th of October, into the GilPs-hill-lane, about eight o'clock, to 
 meet my wife and take her home ; I had a gate to go through from my 
 house ; the gate was about thirty poles from Probert's cottage ; when I got 
 into the lane, I saw two gentlemen in a gig, going from Probert's cottage 
 towards Batler's-green. I heard the gig before I saw it, coming in a direc- 
 tion from Radlett, which would be past Probert's cottage. It stopped at an 
 elbow of the lane, and one of the gentlemen got out. I spoke to one of 
 them. The horse had a very white face. I have seen the horse in this 
 town; it was shown to me by Mr. Probert. I am sure that is the very same 
 horse I saw in the lane last night. When I left my cottage, the moon was 
 not up, but it was a star-light night. The moon rose afterwards, between 
 eight and nine. I did not see enough of either of the men to be able to 
 identify them. The one who jumped out had a light long great coat on. I 
 afterwards met my wife, and we went home together. 
 
 Cross-examined by Mr. Platt : I should not know the gig again. I could 
 not tell the colour of it. It was not a yellow gig, 
 
 Philip Smith, examined by Mr. Broderick: I am a farmer, living at Alden- 
 ham. ^On the 24th of October I was on a visit at Mr. Charles Nicholls's, at 
 Batler's-green ; I left Mr. Nicholls's about ten minutes before eight o'clock ; 
 I had my wife and child with me ; my wife and child were in a donkey 
 chaise, and I was walking ; I was going to a place called High-cross ; I passed 
 the corner of a lane leading to Gill's-hill ; I know the spot where a person 
 was supposed to be killed ; in crossing the road that night, the nearest part 
 I went to the spot was about two hundred and fifty yards ; in going afong 
 I heard the wheels of some sort of a carriage, and then the report of a 
 pistol o; a gun. This attracted my attention, and I remarked upon it to my 
 
 L
 
 74 
 
 wife. In about a minute or two afterwards I heard groaning. I then stopped 
 the donkey chaise. The groaning lasted about a minute or two. I did not 
 go up to the snot whence the sound proceeded, as my wile was ularrncd. 
 
 Cross-examined. 1 was about two hundred and fifty yards from the spot 
 where the supposed murder took place, at the time I heard the report. I 
 was behind the chaise. 
 
 Mrs. Smith, wife of the last witness, and the nurse, were then tendered, 
 but not called, as their evidence went to the same facts. 
 
 Richard Addis, examined by Mr. Bolland. I lived as servant to Mr. 
 
 Probert, at Giil's-hill in October last; I looked after his horse and gig ; he 
 
 had the horse about two months before the 24th of October last ; it was a 
 
 powerful horse ; I remember the evening of the 24th of, October; about ;i 
 
 quarter before eight I heard the wheels of a gig ; it was going by my master's 
 
 house; I thought it was my master's gig; I went out, but I found it had 
 
 passed on in a direction, very fast, towards Batler's-green. About nine 
 
 o'clcck.there was a ring at the gate bell ; I went tu answer it, and found Mr. 
 
 J. Thurtcll there; he was standing by the side of the horse, and desired Jne 
 
 to take the horse and gig in. I have seen the horse since in London ; Mr. 
 
 Probatt showed it to me; the colour was a kind of iron grey, or strawberry ; 
 
 I took the horse in and rubbed him down ; the horse and gig seemed as if it 
 
 nad conic from Batler's-green, in a direction further from London. Mr. J. 
 
 Thurtell said he was going down to see if he could meet Mr. Probert. I put 
 
 the horse in, took the harness off, and did what was necessary. Mr. J. 
 
 Thurtell returned soon afterwards 'alone to the stable door, and asked me if I 
 
 had nibbed the horse down ? I told him I had. When I saw the gig, it was 
 
 very heavy; there was a kind of a gun in a case poking out at each end, 
 
 between the folds of the leather apron. I did not observe any thing else in 
 
 the gig that night, but next morning I saw a carpet bag in the gig, and a 
 
 backgammon-uox. (Box produced.} .That is the box. Either Mr. Probert 
 
 or Mr. Thurtell told me to fetch the box and the bag out of the gig. Mr. 
 
 ( Thurtcll had a light great coat on that night. My master Came home in. 
 
 about three quarters of an hour afterwards. His gig came in the direction 
 
 from Radlett. Mr. Probert and Mr. Hunt were in the gig, and Mr. Thurtell 
 
 was hanging behind. Mr. Thurtell had gone out again to look for my 
 
 master. I took my master's horse and gig in and cleaned it. I observed 
 
 some spots of blood on Mr. Thurtell's great coat en that night. I saw Mr. 
 
 Thurtell sponging his coat; 1 am most confident he had a sponge; he seemed 
 
 to be sponging the collar of his coat. This was about three quarters of 
 
 an hour after my master came home; I saw a pail of water in the. 
 
 stable ; Mr. Thurtell asked for some water ; he was grabbling about 
 
 in the water with the sponge ; I afterwards saw my master ; he came to 
 
 the stable door and asked for a candle and lantern ; I gave it to him, and 
 
 he and Mr. Thurtell and Mr. Hunt went out together at the gate ; they were 
 
 going in a direction towards Baller's-green ; my master said he was going as 
 
 iar as Mr. Nicholls's house ; they were gone about three quarters of art 
 
 hour; I was then in the kitchen. Mr. Probert told Susan to put the pork 
 
 chops on. I stopped in the kitchen a little while, and then went into the 
 
 stable to do the horses. Whilst I was there, Thurtell and Hunt came to the 
 
 stable. 1 think that was the time when Thurtell sponged his coat ; Hunt 
 
 remained outside. They were there only a few minutes, and went away in a 
 
 direction towards the house. When I had rubbed the horses down 1 went 
 
 into the kitchen. Mr. Probert came out for a bottle of rum, I believe, from 
 
 the pantry, in the kitchen. He then sent me to ask Mr. Thurtell what 
 
 o'clock it was ? I went and asked him ; he pulled his watch out of his 
 
 pocket; it had no chain. Mrs. Probert observed that it was awkward to 
 
 iiave a watch without a chain ; he said it was. I went to bed at twelve 
 
 o'clock ; the clock struck twelve as I went to bed. I saw no more of them 
 
 that night. I rose at seven to clean the horses and fetch the cow up. As 
 
 suon as I had done my work I went into the kitchen. I saw Thurtell and
 
 75 
 
 Hunt at the gate, going into the garden. This was a little while after I got 
 up. After I got the cow up I saw Thurtell and Hunt in the kitchen. Hunt 
 was sponging Thurtell's coat all over. Thurtell asked me if I had time to 
 clean his boots? I said I had. The soles of the hoots were damp. I cleaned 
 them ; the dirt was very hard on ; they went away next morning ; the gun, 
 the bag, and the box were put into the gig ; they asked for a sponge and went 
 away, and turned as if they were going towards Batier's-green. My master 
 seemed in rather low spirits that day, walking about the garden ; lie went 
 out with a double barrelled gun, about the middle of the day, shooting. On 
 Sunday morning I saw Hunt coming into my master's garden ; he was 
 dressed in dark-coloured clothes; he went up stairs to dress himself, and he 
 .came down very decent; in the afternoon of that day I was sent to Mr. 
 Nicholis's; I went down Giil's-hill lane, in consequence of something that- 
 Harrington said. When I went down I saw some blood in the rut of a 
 wheel On the Monday morning I went to town along with Mr. Thomas 
 Thurtell and Mr. Hunt. Mr. Thomas Thurtell was put down, and I was 
 dropt at the Angel Inn, St. Clement's. I had no business in London. 
 
 Cross-examined by Mr. Andrews. The lane where I saw the blood is so 
 narrow, that a gig cannot turn in it. I had been often up and down Gill's- 
 hill-lane when 1 lived at Mr. Probert's; it is impossible for a carriage to turn 
 in it, or a gig either, except in a corner where there is a heap of mud, and 
 there it would be likejy to be overturned. 
 
 If, then, a gig-passed your master's house when you heard the noise, it must 
 liave gone on to Lechmoor Heath before it turned ? No, it might have turned 
 before it came to Batler's-gr'een. It could have turned before it came to 
 Mr. Nicholis's house ; two or three hundred yards before that there is a place 
 where a gig might turn. He had been asked half-a-dozen times about the 
 sponging by different persons. He had always said that he was not very 
 certain about it, whether Mr. Thurtell had sponged his coat or no. He saw 
 his master on Saturday morning, about seven o'clock, before breakfast ; he 
 was sure it was before breakfast, and thought it was seven ; they ha^ a clock 
 :n the house ; he did not know that his master had gone down the lane in the 
 morning; he had remembered Mr. Thurtell sleeping before at the cottage; 
 he slept on the sofa before the fire. 
 
 By Mr. Thessiger. It was Mr. Probert who told'him to go to town ; he 
 told me he had no more occasion for me, and that he would look out for a 
 situation for me. 
 
 ByfMr. Justice Park. I knew where the persons slept who were at my 
 master's house, and who slept on the sofa, and who in the bed ; Mr. J. Thur- 
 tell once slept there for a fortnight ; he then slept on the sofa, and not on a 
 bed. 
 
 Susannah Woodruff having been called and sworn, 
 
 Mr. Broderick was proceeding to examine her, when it now being about 
 nine o'clock, 
 
 Mr. Justice Park interposed and addressed the jury. In the suggestion he 
 was to make, he considered, not his own convenience, but that ofhe gentle- 
 men of the jury. By the law of England, iie was not allowed to discharge 
 the jury in criminal cases, and he was not enabled to allow them to return 
 to their families until the case was finished. He was obliged to keep them 
 together, though, no doubt, proper accommodation would be afforded them. 
 But he was, for himself, perfectly willing to go on to finish the case before 
 they separated. If, however, it was more convenient and agreeable to the 
 jury to retire, to what he hoped would be their night's rest, he had no doubt 
 they would be furnished with proper accommodation. He (the judge) had 
 no personal wish on the subject. He had been accustomed to bear fatigue of 
 this kind, and he was willing to bear it. The foreman would consulf with 
 his brethren, and collect their wishes before they proceeded to the examina- , 
 tion of another witness. 
 
 After a short consultation,
 
 V 76 
 
 The Foreman said, the jury thought that if they could be allowed to retire 
 for an hour, to take refreshment, they could proceed with the trial. 
 
 Mr. Justice Park. I have made up my mind never to agree to the practice 
 of retiring. Within my experience, when I was a young man, I have seen so 
 many examples of fatal results from this practice to the prisoners, and to the 
 cause of justice, that I must resist the proposition. 
 
 A juryman suggested, that if they had some refreshment in the box they 
 might proceed. 
 
 Mr. Justice Park. To that I have not the least objection. The sheriff will, 
 no doubt, attend to your wants. 
 
 The Sheriff. It shall be done immediately. 
 
 Mr. Justice Park. In the meantime we'll proceed with the witness. 
 
 Susan Woodruff was then examined by Mr. Broderick. In October last I 
 lived as servant with Mr. Proberf, at Gill's-hill cottage. On the evening of 
 the 24th of October, I recollect a gig going by about half past eight. I did 
 on that evening see my master come in, accompanied by Hunt and Thurtell. 
 I cannot say whether Thurtell had a black or a dark blue coat. Thurtell 
 afterwards came into the kitchen. He laid down a watch on the table, and 
 took off a chain. What sort of chain it was I did not know, though he held it 
 up in his hand. Soon after that 1 went to stir the parlour fire: I saw some- 
 thing in it rolled up like a bit of wire. I could not tell whether it was a chain 
 or not. I received orders to dress a supper. 
 
 Was the order postponed ? I don't know. It was pork. I received orders 
 not to dress the supper so soon. They then went out, and after being an 
 hour and more, came home and ate their supper. Thurtell and Hunt came 
 home and stayed up. To my knowledge I had not seen Thurtell before this 
 time. I had then lived six weeks with Probert. About six o'clock on Sa- 
 turday morning I got up, and met Hunt and Thurtell coming up the steps out 
 of the garden. They went into the parlour. I observed their shoes and boots 
 to be very dirty. After that, I went to fetch some water, and soon after 
 that, I went into the parlour to fetch water, and on the sofa I saw Thurtell 
 lying down with my master's white hat on. In the parlour I observed a 
 bag, but it was not like that. (Showing a carpet-bag.) There were besides 
 bundles tied up. I did not see them set off on Saturday morning about three 
 o'clock. Thurtell and Hunt had each a black hat on. I remember them 
 coming down on Sunday. They went away next morning, and on Monday 
 night I saw them again. On the Monday morning I went to the chaise- 
 house, and there I saw a sack, hanging on a nail, cut open and very wet. 
 This was on Tuesday morning. 
 
 John Harrington called and sworn examined by Mr. Bolland. I am 
 a labourer, living at Aldenham ; I was at work with a man named Richard 
 Hunt, in Gill's-hill-lane, on the day after the murder. Two gentlemen came 
 pas', ten minutes after six ; one of them I should know ; that gentleman 
 there is one of them (pointing to the prisoner Thurtell) ; the other was a 
 shorter man with black whiskers ; the tall gentleman had a white hat on at 
 the -time; the}' passed me about ten poles, and seemed to be grabbling 
 about, and looking for something in the hedge ; they returned and passed 
 us again; the. tall fnran spoke to my comrade Hunt, and told him he 
 -was capsized out of a gig last night, and had lost his pen-knife and a 
 handkerchief; I don't know what my partner said to him; did not 
 pay attention to what further passed ; I went on with my work. At 
 eight o'clock, when I went to breakfast, I went to the place where I saw 
 them grabbling; I there found a penknife. The place was in the road, and a 
 
 fie towards Batler's Green. I gave the knife to Mr. C. Nicholls. (The 
 mfe produced by the constable was shown to witness.) That is it. It was 
 then covered with blood. 1 found a pistol after, about ten o'clock. I found 
 the knife in the cart-rut, and the pistol in the brambles of the bushes ; that 
 too is covered with blood. I observed nothing else in it. It was a two-bladed 
 Jtnife; one blade is broken. I think the pistol had been fired off; the pan
 
 77 
 
 -was down, as it is now. (Pistol shown him.) Mr. Nicholls was with me 
 when I found that pistol ; when I went to Mr. Nicholls I saw much blood, 
 and the marks in the lane as if of two men stumbling about. There was a 
 large hole in the hedge, and much blood. A gig could not have turned at 
 the place where the blood was ; it could not have turned without going to the 
 end of the lane, fifty poles (about) further on. On the same day, about eleven 
 o'clock, the same two persons passed me in a gig. The horse was to the best 
 of my knowledge an iron grey. I am certain they were the same persons. I 
 <lid not then know Probert; I do now. He came through the lane about 
 twelve o'clock. He had a large dog. 
 
 Cross-examined by Mr. Andrews. The gig might have been turned before 
 k came to Mr. Nicholls's house, but it must be near it. I had never seen 
 either of the two persons before. 
 
 Richard Hunt was then called, when 
 
 The prisoner Thurteli said, I wish, my Lord, that you would again speak 
 to the jury, in order that this trial may go oft' for the present, in order that 
 it may come on to-morrow. I am really so much fatigued and exhausted, 
 that I particularly wish rt may be postponed. I have been up since six o'clock 
 this morning, and unless such a delay be granted, I shall really be unable to 
 enter into my defence. It may be two o'clock in the morning before the case 
 against me may be concluded. There is still a great number of witnesses to 
 be examined, and under these circumstances, I trust that your Lordship will 
 take my application into consideration. 
 
 Mr. Justice Park. By the law of the land, a case of this sort must go on to 
 its close ; and I must do every thing in my power to conclude it, if the jury 
 are disposed to proceed. That is a matter within their own breast. If they 
 wish to proceed, they have faculties to go on, and are, of course, the best 
 judges on the subject. I shall adopt either the one course or the other, with 
 -a view to their accommodation. 
 
 The prisoner Thurteli. Yes, my lord, I am aware of that, I did not ad- 
 dress myself to your lordship at this time. 
 
 Mr. Justice Park. No, prisoner, so I understand. But the law of the land 
 supposes that we must go on to a conclusion, and in my own experience, I 
 have sat Ifi and 17 hours in the day. 
 
 Thurteli. Gentlemen of the jury, I trust you will take what I have said 
 into your consideration. 
 
 The Judge. The gentlemen who are of counsel for the crown state to me, 
 that for the prosecution very little remains to be done. 
 
 Thurteli. I beg to say that it will take two hours for Mr. Hunt and myself 
 to go through our defence. 
 
 The Court. We had better go on at all events with the case for the prose- 
 cution. There are many reasons, I find, why we should do so. That case 
 will now last only an hour or two : and after that, if we cannot conveniently 
 go on, I will take an opportunity of again recommending your prayer to 
 the jury. The prisoner Ttnirtell, in the whole of his conversation with the 
 learned judge, was perfectly firm, temperate, and respectful. He seemed at 
 the same time persevering in his request, and rational and attentive to the ob- 
 jections urged. 
 
 Richard Hunt, labourer, sworn and examined by Mr. Broderick. I was 
 with Harrington in Gill's-hill-lane on Saturday, Oct. 25; I know no more 
 than he does ; I saw the two men passing through the lane ; I should know 
 them [Mr. Broderick " Look round";] the two gentlemen sitting there are 
 they, 1 think (pointing to the two prisoners). One of them entered into con- 
 versation, and said he was capsized out of a gig. One of them had a white 
 hat, the side bulged in ; another a black one. 
 
 William Bulmer was next called and examined by Mr. Bolland : I am a 
 labourer ; I was walking in Probert's garden in October last ; on the morning 
 after the murder, about six o'clock, I saw two persons in that garden; the 
 tallest of the two had a white hat ; they went towards the house. 
 
 George Nichols examined; I know Mr. Probert; neither Probert nor any
 
 78 
 
 of his friends rame to me on the night of the murder ; on Monday a labourer 
 delivered a knife and a pistol to me ; which I afterwards handed over to Sitn- 
 monds, the officer ; it was bloody; on Monday evening 1 observed what ap- 
 peared like trains about thejjaml of the pistol. Mr. Frobcrt came to my 
 house on Monday ; something passed between us respecting what happened 
 in the lane. 
 
 John Pidlock examined. I am a surgeon ; I was at the Artichoke at Els- 
 tree, when the body of Mr. Weare was there ; I took the shawl from off the 
 neck; saw a sack over the shawl : I saw the body first at the Artichoke; 
 when the sack was taken from the body I found a handkerchief, which I de- 
 livered to Simmons the officer; the body was quite naked. 
 
 John Fleet next examined. I am assistant to Mr. Johnson, the messenger. 
 On. the 24th of October I was at the Cock public-house, in the Hay market, 
 acting officially under a commission; Hunt came in a gig there, about half- 
 past tour in the afternoon ; he delivered anote to me, which I have destroyed; 
 John Thurtell lived at the Cock ; 1 have seen him living there. I knew the 
 room he occupied; it Was No. 10. The contents of the note were, "Have 
 the gpodness to give Mr. Hunt my great coat and red shawl, which you will 
 find in a closet at No. 10." I went to the room, took the things out, and 
 brought them down, and gave them to Hunt. The shawl produced is some- 
 thing like the shawl I gave to Hunt, i do not know the hand-writing of the 
 note. 
 
 Caroline Williams. I was servant at the Cock, which was kept by Thomas 
 Thurtell ; his brother, John Thurtell, lodged there : he had a shawl like the 
 one produced. 
 
 Lucy Slater examined. I was a servant at the Cock; John Thurtell lodged 
 there; I have seen him use a shawl similar to the shawl produced. 
 
 John Marshall examined. I am a gunsmith in London; I know the gun 
 produced ; I saw it last, a twelvemonth ago; I saw it at Mr. Weare's chambers 
 in Lyon's Inn. 
 
 Cross-examined by Mr. Andrews. It is at least a twelvemonth ago since I 
 saw it. 
 
 W. BInkesley examined : In October I lodged at No. 9, King-street, Golden- 
 square, the residence of the prisoner Hunt and his wife ; remembered Hunt 
 coming home on the 27th of October in a single-horse chaise ; I saw him take 
 a carpet bag, tilled with things, a gun with a dark case, similar to that pro- 
 duced ; a dressing-case, similar to that on the table ; they were carried into 
 his apartments ; there were also some coats. 
 
 John Upson examined : I am an officer. I took the prisoners from London 
 to Watford ; we came in two gigs ; at Watford,' the next morning, a conversa- 
 tion took place between me and Thurtell, about Hunt's confession ; I made use 
 of no previous promise or threat ; in the course of the conversation about Hunt's 
 confession, I asked Thurtell what he did with the watch, and he told me that 
 he threw it away in a place among some trees where there were some palings. 
 This is the account he gave me. 
 
 By Mr. Thessiger : When we were at Watford, Hunt gave me an orde 
 the things to be given up, and told me where they were to be found. 
 
 J. Foster examined: 1 am a constable at Uickuiansworth ; on the 30 tu Octo- 
 ber I had Thurlell in my custody at the Plough ; he made a communication to 
 me; I made use of no previous promise or threat; he snid that Hunt was a 
 rascal for nosing him so ; that he (Thurtell) woidd not do so to him (Hunt), 
 particularly after he (Thurtell) had offered the watch for sale in his (H.'s) 
 name, and as his property. He said he was offered no more than 2.~>l. for it, 
 though it was worth GO/. 
 
 T. Thurtell was again called, but he did not answer. 
 
 Mr. Justice Park. Gentlemen of the Jury, you have relieved me from a great 
 difficulty ; I should not have acceded to the wish of the prisoners, had not you 
 also expressed your concurrence in that course ; one advantage arisjng from 
 which will be, that we shall have given the case the tallest and most patient 
 attention. I shall now adjourn the court till to-morrow morning. Let two of 
 the most steady constables be sworn according to the form which I shal. 
 direct.
 
 79 
 
 Two constables were then sworn " To keep the jurors in some safe and con- 
 venient place until the sitting of the court to-morrow ; to furnish them with 
 every proper and convenient accommodation, and not to speak to them them- 
 selves, or to allow others to speak to them, touching the matter in issue, without 
 the leave of the court." 
 
 Thr, court was then adjourned to nine o'clock the next morning. 
 
 The prisoners remained at the bar for a considerable time, talking to some 
 persons about them. Mr. Harracr was in conversation with the prisoner Hunt, 
 and such was the interest excited by their appearance, that almost the whole of 
 the persons who had crowded the court during the day, still continued looking 
 towards the dock. 
 
 At length Mr. Justice Park," who had left the bench, and stood talking to 
 some gentlemen near him, asked why the prisoners were not removed ? 
 
 Mr. Wilson answered that they were engaged talking with their professional 
 advisers. 
 
 Mr. Justice Park. They must talk to them elsewhere ; you must remove them ; 
 you run a great risk by keeping them here. 
 
 The prisoners were then re-conducted to the gaol in the same order in which 
 they were brought in the morning. They appeared to be considerably ex-' 
 hausted. The crowd continued in the court and in its avenues to the last mo- 
 ment, and many of them followed the prisoners back to the door of the gaol. 
 On the return of the men to their cells they were furnished with every necessary 
 refreshment, for which they expressed becoming gratitude. 
 
 The learned judge, and almost every person in court, appeared to be 
 equally exhausted with the prisoners ; and although the court sat nearly fifteen 
 hours, there were many persons in the gallery who were unable to move from 
 their seats. 
 
 Mrs. Sutton, the wife of the High Sheriff, and a female friend remained in 
 court till eight,o'clock. Such was the influx of strangers, that scarce a bed in 
 the town remained without an occupant, at the moderate charge of one guinea 
 for the night. *" 
 
 SECOND DAY'S PROCEEDINGS. 
 
 Precisely at nine o'clock Mr. Justice Park entered the court, and took his seat, 
 and the prisoners were placed at the bar. Whilst the names of the jury were 
 calling over, ThurteU and Hunt spoke to each other in a friendly manner. They 
 conversed together last night after the adjournment of the court. Both the pri- 
 soners were dressed in the same manner as on the preceding day. Thurtell car- 
 ried a lar^e-bundle of papers and several books. He appeared to be in high 
 spirit;. Hunt was rather depressed. 
 
 George Ruthven, the Bow-street officer,- was recalled, and stated he had no 
 doubt that Conduit-street and Whitcombe-street were in the county of Middlesex. 
 
 Examined by Mr. Andrews. I did not apprehend Probert, but I had him in 
 custody on the Tuesday after the supposed murder. Probert told me that he 
 wished to say something to the coroner. I informed the coroner of what Probert 
 had said, and the coroner desired me to ask Probert whether he wished to com- 
 municate any thing to him. I asked Probert, and he replied that he had no ob- 
 jection. I said that I must have an answer- 1 yes or no. He then said that he did 
 wish to speak to the coroner, and he was then taken before that officer. 
 
 Examined by Mr. Thessiger. This was after Hunt had disclosed something to 
 the magistrates, and after Probert had denied all knowledge of the murder to me. 
 
 Thomas Thurtell was recalled and examined by Mr. Platt. I saw Hunt on the 
 25th of October. I had also seen him on the 24th. On the 24th he wore a suit 
 of black clothes. He wore the same on the 25th. I do not know whose clothes 
 they were. I know that Hunt has worn my brother's clothes. Hunt was very 
 badly off in the world. He has occasionally borrowed money of me. On the 
 26'th (Sunday) he wore the same clothes which he had on on the Saturday; but I 
 think that he was better dressed after dinner than before. 
 
 Mr. Justice Park now addressed Thurtell, and told him that the time had 
 arrived when he might make his defence, if he had any. 
 
 Mr. Wilson, the gaoler, after havingspoken with Thurtell, stated to the court 
 that the prisoner wished to call witnesses before he made his defence.
 
 80 
 
 Mr. Justice Park said that he could not depart from the usual course of pro- 
 ceeding, which was, that the prisoner should make his defence before evidence- 
 was received in his behalf. 
 
 Thurtell then delivered the following defence. 
 
 " My Ix>rd, and Gentlemen of the Jury, Under greater difficulties than erer 
 man encountered, I now rise to vindicate my character and defend mv life. I have 
 been supported in this hour of trial, by the knowledge that my cause i. heard beturt- 
 an rnligntened tribunal, and that the free institutions of my country have placed 
 my destiny in the hands of twelve men, who are uninfluenced by prejudice, and 
 uuawcd by power. I have been represented by the press, which carries its benefits* 
 or curses on rapid wings from one extremity of the kingdom to the other, as a 
 man more deprave^, more gratuitously and habitually profligate and cruel, than 
 has ever appeared "in modern times. I have been hem up to the world as the 
 perpetrator of a murder, under circumstances of greater aggravation, of more cruet 
 and premeditated atrocity, than it ever before fell to the lot of man to have seen or 
 heard of. I have been held forth to the world as a depraved, heartless, remorseless, 
 prayerless villain, who had seduced my friend into a sequestered path, merely in 
 order to despatch him with the greater security as a snake who had crept into his 
 bosom only to strike a sure blow as a monster, who, after the perpetration of a deed 
 from which the hardest heart recoils with horror, and at which humanity stand* 
 aghast, washed away the remembrance of my guilt in the midst of riot and debauch- 
 ery. You, gentlemen, must have read the details which have been daily, I may say 
 hourly, published regarding me. It would be requiring more than the usual virtue of 
 our nature to expect that you should entirely divest your minds of those feelings, I 
 may say those creditable feelings, which such relations must have excited ; but 
 I_ am satisfied, that as far as it is possible for men to enter into a grave investiga- 
 tion with minds unbiassed, and judgments unimpaired, after the calumnies with' 
 which the public mind has been deluged I say, I am satisfied, that with such minds 
 and such judgments, you have this day assumed your sacred office. The horrible 
 guilt which lias been attributed to me, is such as could not have resulted from custom, 
 but must have been the innate principle of my infant mind, and have " grown 
 with my growth, and strengthened with my strength." But I will call before you 
 gentlemen whose characters are unimpeachable, and whose testimony must be above 
 suspicion, who will tell you, that the time was when my bosom overflowed with all 
 the kindly feelings ; and even my failings were those of an improvident generosity and 
 unsuspecting friendship. Beware, then, gentlemen, of an anticipated verdict. Do> 
 not suffer the reports which you have heard to influence your determination. Do not 
 believe that a few short years can have reversed the course of nature;, and converted 
 the good feelings which 1 possessed into the spirit of malignant craelty to which only 
 demons can attain. A kind, affectionate, ana religious mother, directed the tender 
 steps of my infancy, in the paths of piety and virtue. My rising youth was guided in' 
 the way that it should go by a father whose piety was universally known and believed 
 whose kindness and charity extended to all who came within the sphere of its influence. 
 After leaving my paternal roof, I entered into the service of our late revered monarch, 
 who was justly entitled the " father of his people." You will learn from some of my ho- 
 nourable companions, that while I served under his colours, I never tarnished their lus- 
 tre. The country which is dear to me I have served. I have fought for her. 1 have shed 
 my blood for her. I feared not in the open field to shed the blood of her declared foes . But 
 oh ! to suppose that on that account 1 was ready to raise the assassin's arm against my 
 friend, and with that view to draw him into secret places for his destruction it is mon- 
 strous, horrible, incredible. I have been represented to you as a man who was given to 
 gambling, and the constant companion of gamblers. To this accusation, in some part, my 
 heart with feeling penitence pleads guilty. I have gambled. I have been a gambler, 
 but not for the last three years. During that time I have not attended or betted upon 
 a horse-race, or a fight, or any public exhibition of that nature. If I have erred in, 
 these things, half of the nobility of the land have been my examples; some of the 
 most enlightened statesmen of the country have been my companions in them. I 
 have indeed been a gambler I have been an unfortunate one. But whose fortune, 
 or whose family, suffered from it ? My own family were the only sufferers my own 
 fortune was the only sacrifice. At this moment I feel the distress of my situation. 
 But, gentlemen , let not this misfortune entice your verdict against me. Beware of your 
 own feelings, when you are told by the highest authority, that the heart of man is" de- 
 ceitful above all things. Beware, gentlemen, of an anticipated verdict. It is the remark, 
 of a very sage and experienced writer, that no man becomes wicked all at once. And 
 with this, which I earnestly request you to bear in mind, I proceed to lay before you 
 the whole career of my life. I will not tire you with tedious repetitions, but I will dis- 
 close enough of my pa"t life to inform your judgments ; leaving it to your clemency to 
 supply whatever little defects you may observe. You will consider my misfortunes, 
 and the situation in which I stand the deep anxiety that I must feel the object for 
 which I have to strive. You may suppose something of all this ; but oh ! 110 liues,
 
 81 
 
 no pen, " though dipped in hues of heaven," can portray my feelings at this crisis. 
 Recollect, I again entreat you, my situation, and allow something for the workings 
 of a inind little at ease ; and pity and forgive the faults of my address. The con- 
 clusion of the late war, which threw its lustre upon the fortunes of the nation ge- 
 nerally, threw a gloomy shadow over mine. I entered into a mercantile life with 
 feelings as kind, and with a heart as warm, as I had canned with me in the ser- 
 vice. I took the commercial world as if it had been governed by the same re- 
 gulations as the army. I looked upon the merchants as if they had been my 
 mess-companions. In my transactions I had with them my purse was open, my 
 heart as warm, to answer their demands, as they had been to my former asso- 
 ciates. I need not say that any fortune, however ample, would have been in- 
 sufficient to meet such a course of conduct. 1, of course, became the subject of a 
 commission of bankruptcy. My solicitor, in whom 1 had foolishly confided as ray 
 most particular friend, I discovered, too late, to have been a traitor a man who was 
 foremost in the ranks of my bitterest enemies. But for that man, I should still have 
 been enabled to regain a station in society, and I should have yet preserved the 
 esteem of my friends, and, above all, my own self-respect. But how often is it seen 
 that the avarice of one creditor destroys the clemency of all the rest, and for ever dis- 
 sipates the fair prospects of the unfortunate debtor. With the kind assistance of Mr. 
 Thomas Oliver Hiugfieldj I obtained the signature of all my creditors to a petition 
 for superseding my bankruptcy. But just then, when I flattered myself that my ill for- 
 tune was about to close that my blossoms were ripening there came " a frost a 
 nipping frost." My chief creditor refused to sign unless he was paid a bonus of 300/. upon 
 his debt beyond all the other creditors. This demand was backed by the man who WHS at 
 the time his and my solicitor. I spurned the offer I awakened his resentment. I was 
 cast upon the world my alldisposedof in the deepest distress. My brother afterwards 
 availed himself of my misfortune, and entered info business. His warehouses were 
 destroyed by the accident of a fire, as has been proved by the verdict of a jury on a trial 
 at which the venerable Judge now present presided. But that accident, unfortunate 
 as it was, has been taken advantage of in order to insinuate that he was guilty of 
 crime, because his property was destroyed by it, as will be proved by the verdict of an 
 honest and upright jury in an action for conspiracy, which will be tried ere long before 
 the Chief Justice of the King's Bench. A conspiracy there was but where ? Why, 
 in the acts of the prosecutor himself, Mr. Barber Beaumont, who was guilty of suborn- 
 ing witnesses, and will be proved to have paid for false testimony. Yes ; this professed 
 friend of the aggrieved this pretended prosecutor of public abuses this self-appointed 
 supporter of the laws, who panders to rebellion, and had the audacity to raise its 
 standard in the front of the royal palace this man, who has just head enough to con- 
 trive crime, but not heart enough to risk its consequences this is the real author of 
 the conspiracy which will shortly undergo legal investigation. To these particulars I 
 have thought it necessary to call your attention, in language which you may think 
 perhaps too warm in terms not so measured, but that they may incur your reproof. 
 But 
 
 " The flesh will quiver where the pincers tear, 
 " The blood will follow where the knife is driven." 
 
 You have been told that I intended to decoy Woods to his destruction ; and he has 
 said that he saw me in the passage of the house. I can prove, by honest witnesses, 
 fellow-citizens of my native city of Norwich, that I was there at that time; but, for 
 the sake of an amiable and innocent female, who might be injured, I grant to Mr. 
 Woods the mercy of my silence. When, before this, did it ever fall to the lot of any 
 subject to be borne down by the weight of calumnv and obloquy which now op- 
 presses me? The press, which ought to be the shield of public liberty, the avenger 
 of public wrongs which, above all, should have exerted itself to preserve the purity 
 of its favourite institution, the trial by jury has directed its whole force to my injury 
 and prejudice ; it has heaped slauder upon slander, and whetted the public appetite 
 for slanders more atrocious : nay more, what in other men would serve to refute and 
 repel the shaft of calumny, is made to stain with a deeper die the villanies ascribed 
 to me. One would have thought, that some time spent iu the service of my country 
 would have entitled me to some favour from the public under a charge of this nature. 
 But no ; in my case the order of things is changed nature is reversed. The acts of 
 times long since past have been made to cast a deeper shadow over the acts at- 
 tributed to me within the last few days ; and the pursuit of a profession, hitherto 
 held honourable among honourable men, has been turned to the advantage of the 
 accusation against me. You have been told that after the battle, I boasted 
 of my inhumanity to a vanquished, yielding, wounded enemy that I made a wanton 
 sacrifice of my bleeding and supplicating foe, by striking him to the earth with mv 
 cowardly steel ; and that, after this deed of blood, I coldly sat down to plunder my 
 unhappy victim. Nay, more that with folly indescribable and Incredible, I boasted 
 of my barbarity as of a victory. Is there an English officer, is there an English soldier, 
 or an English man, whose heart would not have revolted with hatred against eueh 
 
 M
 
 82 
 
 baseness and folly? Far better, gentlemen, would it have been for me, rather tha* 
 have seen this day, to have fallen with my honourable companions, stemming and 
 opting the tide of battle upon the field of my country's glory. Then my father 
 and my family, though they would have mourned my loss, would have blessed my 
 memory, and shame would never have darkened me with a suspicion. Before 1 recur 
 to the evidence brought against my life, I wish to return my most sincere thanks to 
 the High Sheriff and the Magistrates, for their kindness shown to me. I cannot but 
 express my unfeigned regret at a slight misunderstanding which has occurred between 
 the Rev. Mr. Lloyd, the visiting magistrate, and my solicitor. As it was nothing 
 more than a misunderstanding, I trust the bonds of friendship are again ratified 
 between us all. My most panicular gratitude is due to the Kev. Mr. Fran Klin, whose 
 kind visits and pious consolations have inspired me with a deeper sense of the awful 
 truths of religion, and have trebly armed my breast with fortitude to serve me OH 
 this day. Though last, not least let me not forget Mr. Wilson, the governor of the 
 prison, and the fatherly treatment which he has shown me throughout. My memory 
 must perish ere I can forget his kindness. My heart must be cold ere it can cease to 
 beat with gratitude to him, and wishes for the prosperity of his family." (This 
 effusion of gratitude and acknowledgment moved tne prisoner to tears ; the emotion 
 to which it gave rise spread its influence round the Court in a manner totally inde- 
 scribable.) " I will now proceed to make a few observations on the evidence brought 
 against me in this case, which is so far like other cases which I shall have to cite, 
 that it is full of caution, and subject to manifold doubts, and that it is derived prin- 
 cipally from persons who come forward anxious to save their own lives, which are in 
 
 futile, because, in fact, that is the nearer road. But what consistency was 
 there in the testimony ? The whole party admit that they were ijrnorant of the body 
 and the place where it lay, until pointed out by Hunt. How did Hunt get at this par- 
 ticular knowledge? The inference must be, that he put it there himself. The 
 constable said, that one man could not have thrown it there. What proof is there 
 that they did not throw it there ? What proof is there that the body was at any 
 time thrown into Probert's pond ? None, but what is furnished by Protart himself. 
 Men would have thought, indeed, that the pond being deep, would have been the 
 most convenient place for it. You have learnt that it was much deeper than the 
 ditch in which it was found. Who but Probert could have known that the large 
 pond was dry at times, and that the shallower ditch was never so. Then, again, as to 
 the cord and sack. You learn that they were brought by Hunt. Was he ignorant 
 of the purjMise for which they were designed ? I pass by Field and Upson, and come 
 to Rexworthy. This witness admitted that he was connected with gamblers, and the 
 upporter of gamblers. Now I will proceed to a remark or two upon Ruthven's 
 evidence. He speaks of the dress wom by me. What must have been your surprise, 
 gentlemen, that the dress had been worn by Hunt two days previously ? On the 
 search which took place afterwards, the knife and pistol were found in the pockets. 
 When Ruthven came to me, he admits that there was no concealment that he found 
 me with unclosed doors : with drawers unlocked. Was this the conduct of a person 
 fearing conviction ^ What did he find on searching the premises ? A shirt and 
 cravat marked with blood, just as Hunt left them. 1 forgot, my lord, and gentlemen 
 of the jury, to call the attention of my brother to that circumstance. The cravat wa. 
 a white one a thing which, up to that time, and since my confinement, I never wore. 
 It was proved that another person was in the room with me. Was it prudence, was it 
 common caution in me to allow this person to be with me, who might disclose my guilt ? 
 Rnthven admits that he found nothing of that openness on going to apprehend Hunt. 
 Simmons says, that he took a red shawl and handkerchief, which are proved to have 
 been given to Hunt on the evening previous to the murder. The sack and cord were 
 given to Hunt on the evening of tne murder. I come now to the only man whose 
 evidence tends, in any way, to convict me. What is the worth of his testimony ? who 
 is he ? The answer to either question is, that he is a murderer. He did not refuse, 
 even by his own account, to admit a man to his house hot from slaughter, and to in- 
 troduce him as a companion for his wife. Where was the murder done ? Within a 
 quarter of a mile of his own house. Where was the body taken ? To his own pood. 
 Who took it there ? He himself. His family, at this time, consisted of eight persons, 
 and yet he invited us down, knowing that he had no accommodation for us. You 
 will learn from respectable witnesses what was the real cause of my going down to 
 Blr. Tetsall's. Probert gave a true account of the affair of the money which was 
 borrowed at the firet examination ; but he gave a totally different one yesterday. Are 
 you to doom me to ignominy and death upon the evidence of such a man ? Forget 
 not, I beseech you, the difference which appears in the evidence of the two men who 
 are engaged in running a race, as it were, to determine which shall best deserve the 
 character of approvr, with a bridle upon tlwir tongues which is only in the propor-
 
 tion of the length of their consciences. This is the evidence to prove that 1 am the 
 murderer of Mr. Weare. Probert tells you that I was going to kill him, because he 
 had robbed me of some hundreds. Can you believe me to be so egregiously foolish ? 
 He says that I told the man to stop for me at a certain place. He admits that the 
 man was a stranger both to him and his wife, and that he had never stopped at the 
 cottage before. Yet he put him down at a proposed place, where it was intended to 
 commit the murder. Would Probert have allowed Hunt to get out of his gig to meet 
 a man without asking whom ? Is it credible that Probert would receive a stranger, 
 unless he knew how and when he was to receive him ? You learn that Probert de- 
 sired that twenty shillings might be given to Hunt, in case he went down in his own 
 gig. You also learn that he gave him money to procure a loin of pork on his way 
 down. Is this not the conduct of men engaged in a joint business ? I believe, though 
 I cannot speak with certainty, that Weare was designed to be the sacrifice of the fatal 
 spirit which then possessed them, and that I also was to become their victim. They 
 had well prepared themselves for the deed by the quantity of brandy and water which 
 they had taken. Probert tells you that I and Hunt slept on the sofa, at GiU's-hill- 
 fone. Be it so. Probert has admitted that he invited us down without having suffi- 
 cient accommodation to receive us. Why we put up with the sofa is clear. Miss 
 Noyes was sleeping in the only spare bed. What else could we have done, under the 
 circumstances ? As to the evidence of what was taken out of the bag, 1 have no ob- 
 servations to make upon it, because, if true, it is perfectly consistent with my inno- 
 cence. The evidence of the conversation spoken to by Probert carries its own refu- 
 tation. Was it likely that I should trust matters of such great and awful danger to 
 Probert, who says lie had no knowledge of my design ? Probert adds, that I confessed 
 to him my intention to murder Mr. Barber Beaumont and Mr. Woods, the latter being 
 on the verge of marriage with Mrs. Probert's sister. Is it credible that I should en- 
 tru&t such a secret to Probert, above all men on earth ? Observe, too, the contradic- 
 tion in their testimony. He says that Wardle's field was the place where the body 
 was first deposited. Airs. Probert says that it was first taken to the stable, and then 
 dragged to the pond. He says that there was a lantern. Mrs. Probert says that it 
 was fine moon-light, which is contrary to the evidence of all the other \yitnesses. 
 \Vhat will be your surprise when you learn that the garden-gate is on one side of the 
 house, the stable on the other, and that the walk from the stable to the pond is not to be 
 seen from any part of the house. Probert says that he did not ge^up next morning till nine 
 o'clock. What truth is there in this ? Probert says, that on tellnig me what he had heard 
 at Mr. Nicholls's, I said " Then I am baked." And yet it appears that I returned to 
 town and lived where I did the preceding week, with doors and drawers unlocked ; 
 actually posting the marks of my guilt. Probert says that Hunt came down in dirty 
 clothes ; and it is proved that he was afterwards seen in clothes belonging to my 
 brother. Probert tells you that the boy was sent away, which is the truth, and that 
 it was because he might not be in the way to answer questions. What truth is there 
 in this ? You learn that Probert was going next day to quit the cottage, and that 
 regular notice had been given. I have no more remarks to offer on this cold-blooded 
 witness. You will receive with caution the evidence of such a man, when in his 
 cross-examination he confesses that lie did not think of giving evidence until Hunt 
 had confessed. Then commenced the strife between them which should make out 
 the strongest case to deserve and obtain the mercy of the Crown. After much pre- 
 varication, Probert said that he did not coma down, till nine o'clock the next 
 morning. He then refused to swear that it was so late as eight o'clock : 
 his boy swears that it was not seven. You will not fail to remark the cha- 
 racter of this witness, as it was wrung from him by the cross-examination 
 of Mr. Andrews that he had been committed to gaol six or seven times, 
 and that he had been frequently remanded by the commissioners in his bank- 
 ruptcy. He proved himself that he had introduced Hunt to me : for what pur- 
 pose is now only too plain. The evidence of Mrs. Probert, gentlemen, is no less 
 open to discredit. You cannot have forgotten the account she gave of seeing the 
 horse come from the stable, when, from the subsequent part of her examination, she 
 admitted that she could not see the stable-door. That witness has also detailed a 
 Ions; conversation, which she says she heard, although it was conducted in whispers, 
 and 'although the door which intervened was shut. Now, gentlemen, I entreat you 
 to mark what follows : in answer to a question put to her by the learned Judge, she 
 said, that the conversation, which she heard in whispers, was after she had seen her 
 husband dragging something across the water ; in this she is directly contradicted by 
 her husband, who says, that immediately after leaving the pond, he went up stairs 
 to bed. Is it not plain, the, gentlemen, from this remarkable discrepancy, if from 
 no other circumstance, that the pretended whispering is a scheme which has been 
 arranged between Probert and his wife, and which has broken down in their attempt 
 to execute it ? I know not I cannot know : but I most firmly believe that the body 
 was never in Probert's pond at all. Mrs. Probert's account of the situation of the 
 garden proves nothing that should contravene this presumption. The appearance of
 
 84 
 
 the ground is accounted for, becatse she has said that potatoes were grown there ; 
 and they would of course be dug up before she left the premises, as she was about to 
 do when the circumstances to which she speaks are supposed to have taken place. 
 It has been stated, too, that the body was stripped, and taken out at the side of the 
 pond. I could not learn from the evidence at which side ; but an engraving in the 
 Observer newspaper of the 9th of November last, represents it as being on that tide 
 opposite to which Mrs. Probert said she heard the body dragging. The evidence given 
 by Probatt, the horse-keeper, seems tome, gentlemen, to deserve your most serious 
 consideration. From his testimony, you will perceive it is beyond all doubt that 
 Hunt hired the horse and gig; it is proved no less clearly that he provided every 
 thing which was necessary for the occasion on which he was to employ himself. The 
 witness Fleet has proved, too, that Hunt took the shawl ; and Probert has himself 
 told you that he supplied him with the sovereign which was to pay his expenses. I 
 now call your attention to the evidence of Clark, the person keeping the White Lion 
 at Edgeware; and this I beg you to examine most scrupulously. You well remember 
 he stated, that as he was returning home at night, he met a gig on the wrong side of 
 the road; that a coach was at the same moment passing along, oy the lamps of which 
 he was enabled to distinguish my person. Now, gentlemen, I ask you whether your 
 own experience does not convince you that this is altogether false? I know, and 
 every other man who will take the trouble of reflecting for a moment on the state- 
 ment, must also know, that it must be false. On a wide road as this is stated to have 
 been, in a dark night, it would be impossible for a person passing between a coach's 
 lamps and a ing on the wrong side of the road, to distinguish the features of the man 
 in the gig. You know very well, that under such circumstances the lamps woul 
 rather have been a hindrance than otherwise. And yet, in the face of this absolute 
 impossibility, the witness Clark has sworn that he was able to discern my person, and 
 to see that a gentleman was sitting upon my left hand. This is in my humble 
 opinion quite conclusive as to the credit which you are to give to this witness's testi- 
 mony. It is, you know ? commonly said, that witnesses who endeavour to piove too 
 mucn, commonly fail in every particular; and the observation was never more 
 strikingly illustrated than in the case of this Clark, whose demeanour alone is suf- 
 ficient to show that no reliance can be placed upon him, and whose character is such, 
 that no individual who knows him would believe him on his oath. The testi- 
 mony of the hackney cjpchma'n, to which I must now call your attention, proves 
 that he set down Mr. Weare at half-past four o'clock. This he has sworn to most 
 positively ; he said also that a man in a light shaggy coat met the deceased when he set 
 him down, and assisted in carrying away the luggage. All the witnesses agree that I 
 did not leave Tetsall's until five o'clock. I therefore could not have been the 
 person here alluded to. That the evidence of the coachman has been such as it is, 
 I am indebted, I believe, to the caution of my solicitor ; for if the witness had been 
 allowed to see me alone, and as others were introduced to me, I have no doubt that 
 he, as well as they, would have identified me, and would thus have been the means 
 ot strengthening the conspiracy of which I am the victim. Upon the evidence, I 
 have to observe, to you, gentlemen, that although he says now he never stated the 
 gig he saw to nave been a yellow gig, my recollection is quite clear that he did so 
 state it before the magistrates. Clark's hostler proves that the night was so dark, it 
 was impossible to distinguish colours. 
 
 The Judge here said Prisoner, I have no wish to interrupt you, nor to pi-event 
 you from stating to the jury whatever you think may be serviceable to you ; but I 
 must tell you that it will be my duty hereafter to contradict what you have now said, 
 And to inform the jury, that the deposition of the witness you have alluded to does 
 not contain any such statement : he swears he never said it was a yellow gie. 
 
 Thurtell bowed and proceeded. " Mr. Field, the landlord of the Artichoke, at 
 Elstree, has proved that Probert and Hunt did not reach his house until past nine 
 o'clock. Clark says they left his house at seven ; thus you see, gentlemen, there was 
 ample time for Hunt and Probert to have gone to Gill's-hill-lane and to have perpe- 
 trated this atrocious deed, and to have returned to the Artichoke in time to be seen 
 by Mr. Field. That they did so, I have no doubt; and it is also most consistent 
 with that desire which they have manifested throughout, to shift the blame from 
 their own shoulders to those of any other person. Can you believe, gentlemen, the 
 story which has been told you, of Hunt's leaving his companion in the dark, within 
 a mile and a half of Probert's cottage ? Can you pelieve the evidence which has been 
 given you by Probert ? I am sure you cannot : and if von disbelieve that man, there is no 
 testimony whatever tending to fix upon me the horrible crime with which I am charged. 
 Clark's hostler has stated, that he saw two gentlemen in the gig at half-past seven, and 
 that it was then so dark, that he could not discern the countenances of either ; and yet, 
 notwithstanding this assertion, the laundry-maid has been brought to swear, that she 
 believed Mr. Weare to have been one of the persons ; but you are still uninformed, gen- 
 tlemen, in spite of all this effort in swearing, who was the other person. Why, 1 ask, 
 and I am sure you will ask too, why did not this hustler, when the business was first
 
 85 
 
 under investigation, go before the magistrates on the coroner's jury, and state there 
 what he has now been induced to depose before you ? His evidence, and that of his 
 master, so far as it can be at all credited, go distinctly to prove that it was impossible: 
 for me to have been seen by either of them. Upon the evidence of the man who sold 
 the pistols, I do not think it necessary to say any thing, because I am satisfied, gentle-^ 
 men, that you cannot suppose that any thing can be collected from that by which I 
 can be convicted. With respect to the conversation of which you have heard, and 
 which is said to have taken place between me and an officer at St. Alban's, all 1 have 
 to observe is, that although some such conversation did occur, the nature of it has 
 been much mistaken. I said nothing more than that even if I were as guilty aa Hunt 
 had represented me to be, he must nevertheless be a great scoundrel ; for that if I 
 had been in his place, 1 would have died rather than have betrayed my companion. 
 Enough has been said to you about the watch ; it has been most minutely and cir- 
 cumstantially described, and yet it is not forthcoming. Have you not a right, and 
 have I not a still greater right to ask, ' ' Where is it ? what is become of it ? why do they 
 not produce it?" I ought to rejoice, gentlemen, that these circumstances, upon 
 which my prosecutors have relied, to prove my guilt, will, when fairly and dispassion- 
 ately considered, furnish evidence of mv innocence. Gentlemen, your verdict must be 
 formed entirely upon circumstances. Those circumstances, I think, I have satisfacto- 
 rily shown do not point at me as the perpetrator of this dreadful deed ; but circum- 
 stantial evidence, gentlemen, is at the best a fearful guide for human judgment, as the 
 annals of our own and of foreign jurisprudence too frequently show. The imper- 
 fection of human judgment, aided only by circumstantial evidence, devoted a father 
 to death for the supposed murder of his son, and a servant for a crime of which she 
 was afterwards proved to be innocent. The names of Galas and of the maid of 
 Palaiseau present an awful lesson to judges and to jurors who have to decide 
 upon the lives of their fellow-creatures. In our own happy country, instances of 
 incorrect judgments have been less frequent, but still they have occurred often 
 enough to inspire jurors with the utmost caution. Mr. Justice Hale, in his Pleas 
 of the Crown, vol. 2, p. 290, declares in the most impressive manner, that he would 
 never sanction a verdict against a prisoner charged with murder, unless evidence of 
 the most satisfactory nature respecting the body of the deceased, and the nature of 
 the wounds which had caused his death, should be produced in aid of the circum- 
 stances by which the accusation was to be supported. The same learned Judge quotes 
 a case showing the necessity of such a resolution, which he states to have happened 
 in Staffordshire, within his own recollection. A was missing, and there being a 
 strong presumption that he had been despatched by B, who was suspected of having 
 consumed his body to ashes in his own oven, B was indicted for the murder, con- 
 victed and executed. About a year afterwards, A returned home from beyond seas, 
 whither he had been sent by B against his will; so that, although perhaps B really 
 deserved death, he was clearly innocent of that ciinie for which he suffered. Another 
 case was that of a nobleman, who had the care of bringing up his niece, to whom he 
 was the next in succession to certain property. The child, it seems, had committed 
 some offence, for which her uncle had found it necessary to correct her, and she had 
 been overheard saying, " Good uncle, don't kill me." ITie child was afterwards not 
 t3 be found ; the uncle was committed for the murder, and the Judge, before whom 
 he was tried, admonished him to find the child against the next assizes. When that 
 period arrived, the uncle could not find the child, but produced another, like his 
 niece, in years and in figure. On examination, it was discovered that this child was 
 not the one which had disappeared, and the uncle was found guilty and executed. It 
 appeared afterwards that the child had been terrified, had ran away, and had been 
 received by a stranger who maintained her ; and when she became of age she claimed 
 her land, and was put in possession of it, having satisfactorily proved herself to be 
 the true child. 
 
 The prisoner read these cases with a firm voice, and in a most distinct tone. 
 At their conclusion he said, " I shall not trouble you, gentlemen of the jury, 
 with any more cases. (Here Thurtell's solicitor said something to him in a low 
 tone), a'nd he then cited one more case from the Newgate Calendar. As the 
 case is long, I shall not detain you by reading it all. I shall give only the heads 
 of it. It is the trial of a man named Holman, in 1748, at Kingston, for the murder 
 of a voting woman. The young woman lived for ten weeks after receiving the 
 wounds which eventually caused her death. She stated, before her death, that she 
 had been attacked by a man named Holman. Holman was taken up ; and a ^strong 
 case of circumstances being made out against him, he was executed, protesting his 
 innocence to the last moment. In about three years after this, two persons were 
 tried for another murder, and found guilty : they then confessed that Holman had 
 suffered undeservedly ; that he was wholly innocent of the crime. They acknow- 
 ledged that it was committed by one of them, who assiimedUhe name of Holman, in 
 order that he (Holman) might afterwards be charged with it. Thurtell then resumed 
 this paper and read " Ana now, gentlemen, having read those cases to you, am I 
 not justified in saying, that unless yon are thoroughly conrkicd that the cirum>
 
 sure, gentlemen, you will banish from your minds any prejudice which may have 
 been excited against me, and act upon the principle that every man is to be deemed 
 innocent until he is proved guilty. Judge of my case, gentlemen, with mature con- 
 sideration, and remember that my existence depends upon your breath. If you bring 
 in a verdict of guilty, the law afterwards allows no mercy. If upon a due considera- 
 tion of all the circumstances you shall have a doubt, the law order*, and your own 
 consciences will teach you to give me the benefit of it. Cut me not off in the midst 
 of my days. 1 implore you, geutlemen, to give my case your utmost attention. I a- k 
 not so much for myself as for those respectable parents whose name 1 bear, and who 
 must suffer in my fate. I ask it for the sake of that home which will be rendered 
 cheerless and desolate by my death. Gentlemen, I am incapable of any dishonour- 
 able action. Those who' know me best know that I am utterly incapable of an unjust 
 and dishonourable action, much less of the horrid crime with which I am now 
 charged. There i not, I think, one in thii Court who does not think me innocent of 
 the charge. If there be to him or them, I toy in the language of the Apostle, 
 " ffould to God ye were altogether tuch as I am, save these bonds." Gentlemen, I 
 have now done. 1 look with confidence to your decision. I hope your verdict this day 
 will be svth as you may ever after be able to think upon with a composed conscience; 
 and that you will also reflect upon the solemn declaration which 1 now make So help 
 me God I am innocent. 
 
 Thurtell pronounced this last sentence in the most emphatic manner. He 
 raised his eyes to Heaven, and extended his arms a little, then drew them back 
 and pressed his hands closely to his heart. He then bowed to the Judge and 
 Jury, and resumed his seat. His whole demeanour seemed to have created a 
 strong feeling in his favour. 
 
 Tlie Judge then addressing himself to the prisoner Hunt said, " Joseph 
 Hunt, it is now your time, as your counsel cannot address the Jury on your 
 behalf, to say what you think proper in your defence ; but before you begin, the 
 purposes of justice require that the witnesses fur the other prisoner should be 
 heard lirst. 
 
 Mr. Samuel VVadeson was then called, and'examined by Mr. Andrews. la flie 
 course of my profession, I became acquainted with Probert. It was when he be- 
 came a bankrupt. I was the solicitor for the creditors. There were several 
 meetings and examinations. From what I then saw and knew of Probert, I would 
 not believe him on his oath, unless his testimony was supported by other and 
 credible evidence 
 
 Mr. Haydon, examined by Mr. Platt. 1 have known John Thurtell. The' im- 
 pression ou my mind, from my knowledge of him, is, that he is humane and kind- 
 hearted. 
 
 By the Court. When was your last intercourse with him ? Witness answered 
 that he had not ceased to know and see him. He met him frequently. 
 
 Captain M'Kinlay, examined by Mr. Andrews. I am a Captain in the royal 
 navy. (We think the witness added, that he held some situation at Greenwich, 
 but we could not distinctly hear.) I have known John Thurtell. He served 
 under me. He was under my command from 1812 to 1814. I was then Captain 
 of the Bellona. He always acted with correctness as an officer. I found him cor- 
 rect, humane, and liberal. 1 hare not known him since 1814. 
 
 Mr. W. Walmsley, who was* examined by Mr. Chitty, stated, that he had 
 known John Thurtell for the last 13 or 14 years, and that he had during that time 
 always considered him a humane, well-disposed man. 
 
 This was the last witness called on behalf of Tburtell. 
 
 Mr. Justice Park. Joseph Hunt, I will now hear your defence if you have got 
 any to offer. 
 
 Hunt. I have a defence, which, from the extreme anxiety of mind under which 
 I labour, I think I shall not be able to read through myself. 
 
 Mr. Justice Park. You had better hand it to the officer of the court, and allow 
 him to read it. 
 
 Hunt accordingly gave a paper to one of the sheriffs officers, who put it into 
 the hands of Mr. Knapp, the clerk of the arraigns. That gentleman proceeded 
 immediately to read it. It was as follows : 
 
 " My Lord, Having, uuder a positive assurance that I should be admitted a 
 witness for the crown, made a full and true confession of all the facts within my 
 knowledge respecting this horrible and melancholy event, and having implicitly 
 relied on the good faith of the magistrates for the due performance of their *
 
 87 
 
 lemn promises, made previously and subsequent to my disclosure, I forbore to 
 make the slightest preparation for my defence ; and after your lordship shall be 
 made acquainted with all the circumstances under which that confession was 
 drawn from me, your lordship's feeling and compassionate heart will be able to 
 appreciate, although I am unable to describe, the painful emotions of surprise 
 and disappointment by which I was overwhelmed, when, only a few days before 
 the assizes, it was notified to me, for the first time, that I was to be placed in my 
 present perilous and awful situation. 
 
 Mr. Justice Park. I suppose you mean the assizes which commenced on the 
 3d of December, not the postponed assizes which we are now holding? 
 
 Mr. Thessiger said a few words to his lordship we could not hear them. 
 
 Mr. Justice Park. I merely mentioned the circumstance, that there may be no 
 mistake regarding it. 
 
 " Your lordship will perceive that the very circumstance which I was told 
 would procure me forgiveness, and ensure my safety, has alone rendered me 
 amenable to the laws namely, my own disclosure and declarations ; for, although 
 the prosecutors may not offer my confession in evidence, yet, as that confession 
 has been published in every newspaper in the kingdom, and has been circulated 
 in many thousand pamphlets, and been the subject of universal conversation, is it 
 probable, or even possible, that any of the gentlemen who are now sitting in judg- 
 ment on my case can be ignorant that such a confession has been made ? How 
 futile, then, and unavailing would be any observations or arguments to raise a 
 presumption or the innocence of a man, who already, to a certain extent, stands 
 self-condemned. Feeling myself in this dilemma, I shall abstain from troubling 
 your lordship with any detail of facts or observations upon the main question in- 
 volved in the indictment, but merely assert, that ! was not present when the un- 
 fortunate deceased lost his life, and that I was ignorant of any premeditated plau 
 or intention to destroy him ; I never knew of the murder until after it was com- 
 mitted ; my crime consists solely in concealment ; and my discovery could not 
 bring the dead to life : my error arises, not from any guilt of my own, but from 
 my concealment of the guilt of others. I am now on my trial for having been 
 privy to the previous design I never was ; I certainly concealed it afterwards, 
 sooner than betray the misfortune which had been confided to me. Your lord- 
 ship, however, will, I am sure, tell the gentlemen of the jury that no conceal- 
 ment or conduct of mine after the death will make out the present charge ; and I 
 hope both your lordship and these gentlemen are too just and merciful to convict 
 me from prejudice, and not from proof. 
 
 " I now, my lord, most respectfully solicit your humane attention to the follow- 
 ing statement: 
 
 " On the morning of Wednesday, the 29th of October, I was apprehended in 
 London, and directly conveyed to Watford, where an investigation was going on 
 respecting the then supposed murder of Mr. Weare. On. my arrival I found se 
 veral magistrates assembled, and Mr. Noel, who was apparently conducting the 
 prosecution, addressed me as follows: ' Mr. Hunt, for God's sake, tell the ma- 
 gistrates whatever you know of this murder, and in all probability you will be 
 admitted as an evidence. It is clear that Mr. Weare has been murdered, and we 
 only want to find where the body is, and if you know, for God's sake tell us.' I 
 repeatedly denied all knowledge of the circumstance, and Mr. Noel as frequently 
 importuned and urged me to confess. At last the magistrates said, Mr. Hunt, 
 you had better retire and consider the offer made to you, and recollect your peril- 
 ous situation.' I was then conveyed into another room, and was presently fol- 
 lowed by Mr. Noel, who, in the presence of Ruthven and Upsom, repeatedly told 
 me that if I would tell where the body was (provided I did not actually commit 
 the murder,) that I should be admitted as an evidence,, and my life would be 
 spared; and added, that the magistrates had authorized him to make a pledge 
 to this effect. Still, however, I was firm in my denial, and continued so until 
 Upson the officer tortured my feelings by the mention of my family. He said to 
 me, ' Hunt, you have a mother?' 1 answered ' Yes, I have.' ' And a wife also ?* 
 I said Yes.' ' And you love them dearly ? ' 1 answered ' Yes, very dearly.' 
 Then said he, ' For their sakes do not risk suffering an ignominious death, but 
 tell where the body is, and give your evidence immediately, or you may be too 
 late; for Probertor the other will disclose, and then nothing can save you.' 
 
 " This address had a great effect upon me, and Noel perceiving it, again 
 pressed me, saying, ' Do not hesitate, for you have now a chance : consider the 
 situation you are iu, and avail yourself of the offer now made to you, for I am
 
 authorized by the magistrates to say, that you will he admitted as an evidence 
 fur the crown, and not treated as the others. You will merely he confined until 
 the trial, to -jive your evidence, and theu be discharged.' On receiving this as- 
 surance, I consented to become a witness, and Mr. Noel then asked me if I knew 
 where the body was? I told him yes, that I could not describe the place by 
 name, but 1 could point it out : on which Mr. Noel struck his hand oo the 
 table, and exclaimed, ' Thai's all we want.' and shaking me by the hand said, 
 ' Hunt, I am very glad yon have saved your own life.' 
 
 " We now returned into the room where the magistrates were, and Mr. Noel 
 told them I was ready to make a disclosure, and said, 1 have made known to 
 him, by your orders, that if he discovers where the body is, he is to be admitted 
 at an evidence ; but before he says any thing, I wish him to have that assurance 
 in your presence, that he may be satisfied from yourselves that I was authorized 
 to make the promise. The magistrates, Mr. Clutterbuck and Mr. Mason, re- 
 plied, that Mr. Noel had their authority for what he had done; and then Mr. 
 Noel said, ' Now, Mr. Hunt, having heard the magistrates' decision as to your 
 being a witness, I hope you are satisfied, and I beg you will take a seat, and tell 
 us all you know.' I then detailed every thing that occurred to my recollection, 
 but having been apprehended early on the preceding day, conveyed into the 
 country, and harassed and importuned throughout the night, it could hardly 
 be expected that I should, at four or five o'clock in the morning, in making a 
 very long statement, recollect every circumstance ; indeed, the magistrates were 
 aware that such could not be the case, and they told me, that as in the hurry 
 and confusion of the moment, I had no doubt omitted many facts that I should 
 afterwards on reflection recollect, and if such should be the case, I had only to 
 address a letter to the magistrates, and they would immediately attend to it. 
 Shortly after quitting the room, several particulars came to my recollection 
 which I had not named, and I directly sent for Mr. Noel and mentioned them to 
 him. At nine o'clock the same morning, I went with the officers and pointed out 
 the spot where the body had been deposited ; I was then taken back to the ma- 
 gistrates to sign my statement, and previous to my being taken to prison, Mr. 
 Clutterbuck desired that I should be treated with kindness, and not put under 
 any unnecessary restraint. I was accordingly conveyed to St. Albans without 
 being ironed or handcuffed, and was there treated with every possible indul- 
 gence. 
 
 " On being taken before the coroner, I experienced very different treatment ; 
 but still I had no intimation given me that I was not to be admitted as a witness 
 for the crown, until just before the present indictment was found. 
 
 " It is perfectly true, that when before the coroner, I was admonished to make 
 po farther confession ; but the admonition was a mockery. I had already, un-ler 
 u solemn promise, confessed every thing material ; and the coroner himself, when 
 lie thus affected to forewarn me, well knew that he and his jury were that instant 
 sitting in inquest on the body solely in consequence of my disclosure: no jury 
 could have sat no death could have been proved no body could have been found 
 no trial could have been had, but for my instrumentality. I was trepanned into 
 a confession by the plighted faith of the magistracy of this county. If they break 
 it now, they will not merely make me the victim of its violation, but they will be 
 answerable to society for every future crime against the discovery of which their 
 conduct will be an eternal admonition. \Vin> can confide in promises hereafter? 
 Who can rest his life on magisterial assurances ? To no human being can they 
 ever pledge themselves mo0 sacredly than to me, yet here I stand to-day a proof 
 of their sincerity ; nay, more than this not only have they broken faith and 
 violated honour, but while the press was unceasing in the excitement of prejudice 
 while the theatre and the painter were employed in poisoning the public mind 
 while every engine was at work to diminish the chances of an impartial trial, 
 these very men, who had thus ensnared me by perfidious declarations, closed their 
 prison door against friends and legal advisers, and opened them only to the man- 
 date of the King's Bench. Thus was 1 first ensnared, and afterwards sought to 
 be sacrificed. Seduced into a confession which was trumpeted through the world, 
 and then cruelly secluded until the time arrived when I was to suffer not for my 
 crime, hut by credulity ; not because I erred, but because I trusted ; not because 
 I violated the law, but because I confided in the conscience of its minis. UTS. It is 
 in vain to say that my confession was not complete ; it was as ample as could 
 have been expected at the moment, from an exhausted frame and an agitated 
 mind. It was subsequently amended, where it was at first deficient ; and no
 
 sophistry can evade the fact, that through that confession alone the body was dis- 
 covered. Thus, then, the main circumstance that on which erery thing turned, 
 was disclosed at once ; and it is absurd to attribute to aught but momentary con- 
 fusion, any minor concealment, when the great, essential, and indispensable de- 
 velopement had taken place. 
 
 " As a proof that even the coroner himself considered my confession so ample 
 as'to ensure my pardon, and that in his mind, notwithstanding his admonition, 
 the promise of the magistracy ought to be held inviolate, hear his own words 
 to Mr. Nicholls, one of the witnesses * The consequence of your delay has 
 been the escape of Hunt from justice ; for he has been admitted a witness for 
 the crown, by the magistrates, as they were afraid the body was disposed of.' 
 Now, what did these words mean, if the coroner was not fully convinced that 
 I had merited and ensured my pardon ? 
 
 " The prosecutors, my Lord, may affect to say, that as they refuse to grant 
 the boon promised for the disclosure, they will decline using, or taking any 
 advantage of the confession, and I humbly submit that such a line of conduct 
 would be alone consistent with justice and fair dealing ; for if they retract their 
 engagement, they ought not to place me in a worse situation than I was in at the 
 moment when, confiding in their integrity, I unbosomed the secret. If the 
 prosecutors act with liberality and forbear to offer a tittle of evidence respect- 
 ing the body, and, in conducting the case, consider it as still undiscovered, I 
 can have no cause to complain of plighted faith and broken promises, because 
 your lordship need not be reminded that it has been laid down as a principle, 
 that no death can be considered as proved unless the body be found, and con- 
 sequently in this case no conviction can take plac*. But if witnesses are pro- 
 duced to prove the finding of the body, can it be said that my confession is not 
 taken advantage of? and will not the prosecutors be taunting-me by an affecta- 
 tion of candour, if they take credit for not giving in evidence any declaration 
 made by me, while they avail themselves of the very essence and substance of 
 the communication ? 
 
 " In confirmation of the promises made to me by the magistrates and Mr. 
 Noel, I l>eg to refer to a statement which the latter gentleman has published 
 in the newspapers : wherein he says ' It is now incumbent on me to state the 
 reasons for the offer of mercy held out to Hunt ;' and then he thus proceeds : 
 ' Notwithstanding the .most diligent searches for the body, no discovery had 
 been made of it as late as four o'clock past midnight of Thursday morning, the 
 30th of October, the sixth day after the murder, and at that hour the informa- 
 tions and investigations had terminated with no clue whatever to the real 
 person murdered.' Mr. Noel next describes his invitations to me to make a 
 disclosure, with a view to my being admitted as an approver ; his desiring me 
 to retire to consider of his proposal ; and after I had left the room, he says he 
 addressed the magistrates as follows : ' Gentlemen, if you do not approve 
 of the offer of mercy now held out to Hunt, say so, and I will go to him. 
 Recollect, without the body is found, notwithstanding the strong evi- 
 dence against one of the parties, we shall do nothing ; and Mr. Clutterbuck 
 and Mr. Mason both gave unqualified approbation to my mode of examination, 
 and of the offer of mercy held out to Hunt.' 
 
 " And in another part of Mr. Noel's statement he says, ' Not only at Watford, 
 but at the inquest, it was the general opinion of Mr. Mason and the magistrates, 
 that the body might have temained concealed in Hill's Slough, the place where 
 it was found (a distance of three miles and a half from the spot where the murder 
 was committed,) until it had been decomposed, and beyond the possibility of 
 identifying ; and such was the insignificance of the slouch, that persons em- 
 ployed to drag all pits, ponds, &c., would have passed by it, and therefore they 
 were confirmed in their opinion as to the policy and propriety of sanctioning my 
 offer of mercy to Hunt ; and previous to the offer being made, it was our united 
 opinion that the corpse had been removed to London, and probably thrown into 
 the Thames either entire or piecemeal.' 
 
 " In addition to this statement, Mr. Noel inserts a letter from Mr. Clutter- 
 buck to himself, in which the magistrate observes, that as my ta.se was then 
 gone out of the hands of the magistrates, all that conM be done for me was to 
 ask of the court whether they would allow me to be evidence for the Crown. 
 
 " Having now, my Lord, faithfully stated the inducements by which I was 
 led to make that disclosure which alone rendered myself and my fellow-prisoners
 
 90 
 
 amenable to justice, I respectfully submit to your Lordship, whether, iu being 
 now put upon my trial, and made the victim of my own credulity, I have been 
 fairly and candidly dealt with? I will not, my Lord, attempt to point out or 
 discuss the mischief* likely to arise if such engagements as were entered into 
 with me are to be cancelled at pleasure, because they will occur much more 
 forcibly to your Lordship's enlightened mind : indeed, so far as I am individu- 
 ally concerned, ray fate is a subject of trifling importance. I have no desire to 
 prolong a wretched existence, unless it be to afford the opportunity of endea- 
 vouring, by prayer and penitence, to obtain mercy and forgiveness of the Al> 
 mighty, for the sins and transgressions I have committed. But in pity to the 
 feelings of an aged and respectable mother, a virtuous and amiable wife, and 
 my dearly beloved brother and sister, I do feel most anxious to avoid an igno- 
 minious death ; and it is therefore for their sakes, more than for my own, that I 
 fervently and earnestly entreat the performance of the solemn pledge made to 
 me of sparing my life. 
 
 " I have nothing further to add, but most humbly repose my fate in the justice 
 and humanity of your Lordship." 
 
 When Mr. Knapp had concluded the reading of this document, Hunt rose 
 and said, that he had another paper which he wished to have read. He was 
 proceeding to read it himself, when 
 
 Mr. Justice Park asked him whether he had not better allow that paper also 
 to be read by the officer of the court. 
 
 Hunt replied, that as the paper was very short, he would proceed to read it 
 himself. He merely wished to add, that the greater part of Probert's evidence 
 was false, and especially that part of it in which it was stated, that he (Hunt) 
 was acquainted with all the circumstances which occurred previously to the 
 murder. In order to save his own life, Probert had found it necessary to sacri- 
 fice his. One fact which Probert had stated, every body must see must be 
 false. Probert had said, that he {Hunt) had pointed out the place where he 
 was to be set down on the road. Now it was in evidence that he had never be- 
 fore been in that part of the country. How, then, could he know any thing 
 about the places on the road? 
 
 Mr. Justice Park, finding that Hunt had concluded, desired one of the Hert- 
 fordshire constables to be placed in the witness-box. One of them was accor- 
 dingly placed there. The learned Judge then asked him whether he knew 
 where GjH's-hiH-lane was ? He replied that he did not. He was in consequence 
 dismissed. 
 
 Mr. Justice Park said, that his reason for examining the constable was, to 
 have legal proof that Gill's-hill-lane was in -the county of Hertford. Perhaps 
 there was some person 4n court who could prove it. 
 
 It was stated that the coroner was in court, and could prove the point in 
 question. He was accordingly put into the witness-box, and proved that not 
 only Gill's-hill lane, but also the place where Mr. Weare's body was found, were 
 in the, county of Hertford. 
 
 Mr. Justice Park then commenced, at a few minutes before 12 o'clock, to sum up 
 the evidence tt> the jury. The present case was one of great importance, and had 
 already occupied a very great portion of their time and labour. It was a case which 
 was of vast importance to the prisoners, aud scarcely of less importance to the pub- 
 lic. The prisoners were indicted in this manner one of them, John Thurtell, as the 
 principal felou, and the other, Joseph Hunt, as the party who had stirred up, moved, 
 abetted, procured, commanded, hired, counselled, and directed John Thurtcll to per- 
 petrate the murder, or, in legal language, as au accessory before the fact. Ifhenad 
 only been guilty of concealing the murder after it had been committed, he was only, as 
 he said iu his defence, an accessory after the fact, aud tliwefore could not he convicted 
 upon this indictment. The question which they had to decide was. like all other 
 examinations into the death of a man, of great importance; for the law of England 
 placed, and very properly placed, so high a value on the life of a citizen, as to dt-em 
 every killing a murder; and it therefore threw upon the person accused, the burden 
 of showing the circumstances of extenuation, which reduced the killing from murder 
 to manslaughter, or which made it uo killing, but that which the law excused or jus- 
 
 tified. The present question did not, however, depend upon any point of that nature, 
 re the jtuy was, who commuted the murder of Mr. \\eare ; 
 
 ,1 i.. ..'.i ... . r 1 1... .,.;,.. c. !.-, i t* h. >i> // U >i T 11 1 1 f i >d it tlicrp 
 
 The only question before the jury 
 
 for it was not pretended by either of the prisoners, that, if they committed it, there 
 were any circumstances vvlikh justified them in doing so. The defence of the prin- 
 cipal in this indictment was. that he did not commit the fact charged against him ; and 
 if he did cot commit that fact, all inquiry regarding the accessory was. useless and
 
 91 
 
 unnecessary. There was this distinction between the two prisoners at the bar, a dis- 
 tinction wh'ich, though it made no legal difference in their situation, for accessories 
 before the fact stood exactly on the same ground as principals, was still worth their 
 notice there was this distinction between the two prisoners, that if they thought 
 that there was no testimony to affect John Thurtell, then they needed not to inquire 
 as to the guilt of Joseph Hunt ; for Hunt being only indicted for counselling and 
 abetting John Thurtell in the commission of this murder, it was clear that if they 
 thought that John Thurtell did not commit it, Hunt could not have counselled or 
 abetted him in the commission. There was likewise another difference between them, 
 viz. that though they might think John Thurtell guilty j it did not follow that they 
 must necessarily find Joseph Hunt guilty of aiding, counselling, and abetting him. 
 He trusted that he had thus explained to their satisfaction, the distinction which 
 existed in the cases of the two prisoners. The jury had heard as well a* he had, the 
 topics which had been offered by Thurtell in his defence ; and before he went into 
 the evidence, which he should detail to them very minutely,' and should examine 
 with all the discrimination which his mind could bring to it, he would beg leave 
 to call their attention to them. He should not be doing justice to that defence, if he 
 did not fully admit that the beginning and end of it were eminently manly, energetic 
 and powerful, and were highly creditable to the party who had drawn it up. He 
 could not, however, help taring, though he was not one of those who took pleasure 
 in saying any thing harsn, that he could not admire the judgment of those who had 
 advised the prisoner to disfigure and deform that defence by putting so foolish a 
 middle between so able a commencement and conclusion. If it had neen the wish 
 of the parties to have weakened the defence as much as possible, they could not 
 have effected their purpose better than by quoting cases from the Newgate Calendar, 
 the Percv Anecdotes, and other volumes, of which no lawyer knew any thing, 
 and which, for anything he knew, might even be mere volumes of romance. By 
 .uch a proceeding the defence had lost all the effect of the opinion of that eminent 
 man Lord Hale an opinion which was so sound, that no man in his senses would 
 presume to question it an opinion on which he had recently acted in a case in Sussex 
 namely, that in order to prove the crime of murder, it should be shown that the 
 man said to be murdered was absolutely dead. That opinion was founded in common 
 sense ; it required no authority, save that of Lord Hale, and it certainly acquired no 
 weight from the farrago of romance and nonsense which somebody had put into the 
 hands of the prisoner ; for he did not suppose that the prisoner was the person who 
 had himself collected it. The principal, Thurtell, had chiefly rested his defence on 
 the danger of giving too implicit credence to circumstantial evidence. If the doctrine 
 which he had that day advanced were to be earned to the extent to which he con- 
 tended, there would be an end at once to the judicature of man. As long as man 
 was the infirm and imperfect creature which he now was as long as his knowledge 
 remained of the confined and limited natnre that it now was how could he arrive 
 at any certainty in matters of this description, except by a concatenation of circum- 
 stances, all leading to one and the same result ? It would be absurd to deny the 
 value, the great and important value., of circumstantial evidence ; for though, in the 
 lapse of some hundred years, some cases might be cited in which it had led to unfor- 
 tunate conclusions, yet circumstantial evidence, in the testimony of all persons who 
 were accustomed to attend to judicial proceedings, not only of those who had sat on 
 the bench to which he had been raised, but also of those wno were most eminent as 
 practitioners at the bar, was considered as more satisfactory in producing conviction 
 in the human niind, than the direct testimony of any single individual who saw the 
 crime in question committed. He would endeavour to exemplify the doctrine which 
 he had been laying down on this point by a particular instance. This man Probert 
 than whom a more infamous character could not easily be conceived a man, who by 
 the very fact of his being admitted as evidence for the Crown, was placed before 
 them as an accomplice in murder who had not been rendered a whit blacker than 
 he was before by the very respectable testimony of Mr. Wndesou, who being asked 
 whether he would believe Probert upon oath ? replied, with a caution which was 
 not more than he (Mr. Justice Park) had expected from a long acquaintance 
 with his (Mr. Wadesou's) character " I would not believe him upon his 
 oath, unless he were corroborated by other witnesses," for how could that man 
 who had committed perjury on his examination before the commissioners regarding 
 his bankruptcy, be considered blacker than the man who had concealed the murder 
 of his friend? this man Probert (for he formed an example well calculated to 
 illustrate the difference between direct and circumstantial evidence) might l>e in- 
 fluenced by bad motives against the prisoner Thurtell, and, therefore, might frame 
 his evidence in such a manner as to' ensure his conviction. He would assume that 
 such bad motives did exist, and that Probert and one or two others had conspired 
 against him. Then in what situation were the jury and himself placed acting as 
 they would have to act on the oath of a man who was declared not to be a credible 
 witness on his oath ? Were they to conclude that the 53 other witnesses who had
 
 92 
 
 been examined on this trial, who had corroborated the Muteinent of Probert and 
 others, and of whom some did not even know the person of the prisoner Thurtell, 
 were likewise conspirators against him ? Or were they to conclude that the cqrro- 
 boratiou of Probert and others by so many indifferent witnesses, was a decisive 
 proof of the truth of their statements? For his own part, he would say, that there 
 never was a case in which circumstantial evidence was more useful. Circumstantial 
 evidence, however, was said to be doubtful. He allowed that it was, and so, in- 
 deed, was all evidence. If not, why were they and he in that court together ? They 
 were well aware that they were met to exercise their judgment in sifting all the evi- 
 dence, direct as well as indirect, that might be submitted to their notice. They were not 
 to sift the circumstantial evidence merely, they were to sift the direct evidence also ; 
 and if upon a review of both, they entcrtajneu any strong doubts as to the guilt of 
 the prisoners, such as rational men who valued tne sanctity of their oaths ought to 
 feel, then, as the prisoner Thurtell had observed, they were bound to give the oene- 
 fit of such doubts to the prisoners, and to acquit them of the charge which had 
 been brought against them. The learned Judge then continued : " There is another 
 circumstance in this case, which renders it particularly distressing to those who 
 have to look upon it in a judicial point of view. We are met at the very outset of it 
 by an evil which no man can deny, and which I think few will be found to palliate. 
 It is painful for me to reflect upon it, or to consider of the consequences to which 
 it must ultimately lead. It is my practice and I am sure that those who know me 
 will bear testimony to the truth of my observation it is my practice never to go out 
 of my way to say any thing harsh of any human being ; but I should be unworthy 
 of the situation which I now fill, I should even deserve to meet with impeach- 
 ment, if I did not fully and fearlessly discharge those duties which my judicial 
 station imposes upon me ; and I shall therefore proceed to make those observa- 
 tions which 1 conceive iustice demands from me, even though I may be at- 
 tacked for them by all the artillery of libel. It is peculiarly distressing to me 
 to find that both the prisoners are obliged in the very outset of their defence to 
 beseech, entreat, implore, and conjure you, if you have ever heard or read of any 
 thing to their prejudice or disadvantage in the hist few months, to dismiss it entirely 
 from your thoughts, and to avoid it as you would the breath of a pestilence. Much, 
 too much, has unfortunately been published upon this subject ; and I cannot but say, 
 that such statements of evidence, as I am informed have appeared regarding this 
 case, are calculated to cornipt justice in its very source. If they are not checked im- 
 mediately, by authority, I, for one, shall tremble for the constitution of my country. 
 We have long boasted, and I think justly boasted, of the purity with which justice u 
 administered amongst us ; but if the practices which have recently grown up are al- 
 lowed to continue, that boast must, before long, become a mere idle boast. Ton are 
 called into that box, gentlemen of the jury, to decide, by the help of that judgment 
 which God has given you, fairly, impartially, and without prejudice, upon the evidence 
 which is submitted to you in this court, lint how can you do this, if you are allowed 
 to have your minds previously poisoned with that which is no evidence at all in the 
 case ? How can you come to an unprejudiced consideration of the guilt or innocence 
 of the prisoners, if you are permitted to read a confession like that of Mr. Hunt, 
 published in every newspaper ? That confession has been printed in all the papers, 
 and has been read by the public, and has, perhaps, been considered by some of you, 
 gentlemen, as evidence in this trial a confession which the learned counsel of the 
 crown never ventured to tender to me as evidence, and which, if he had tendered it, 
 I should, under the circumstances which have come to my knowledge since this trial 
 commenced, have rejected at once, as no evidence at all. Therefore it is that I say, 
 that the public mind is poisoned by the publication of these statements ; and it was 
 upon that consideration that I took upon myself, at our last meeting, the responsibility 
 of postponing this trial, and also the additional labour, which I by no means regard, of 
 meeting you here a second time. At that time I did not think it fair, nor have I altered 
 that opinion since, to put the prisoners on their trial before the prejudice had had some 
 time to subside, which must have been occasioned by the libels which the affidavit which 
 on that occasion was read to me stated, had been generally propagated concerning them. 
 I have the satisfaction of my own consciousness that I acted right upon that occasion, 
 and I believe that I may say that 1 have the approbation of those whose approbation 
 is most valuable, for the proceeding which 1 then adopted. I must again repeat, that 
 every circumstance connected with this case renders the publication of the statement* 
 which have appeared regarding it particularly painful to all who are concerned in it. 
 Why they are so to the prisoners, every one or you will clearly perceive. To me they 
 are productive of the greatest pain and anxiety, lest by some 'unintentional lapse of 
 mine you should be impressed by certain evidence which has been, but ought wot to 
 have been, brought before you, and which ought not to produce any effect upon your 
 mind. I am sure, however, that no newspaper publications no pamphlets no libel* 
 of any description will make the slightest impression upon your minds; but that you 
 will do your duty to the prisoners aiid to your country, as you will answer it hereafter
 
 93 
 
 to God Mid to your OWH consciences. These are the principal observations which sug- 
 gest themselves to my mind regarding the nature of circumstantial evidence, and the 
 prejudice which may exist in consequence of the improper publications in the daily 
 newspapers." The learned Judge then proceeded to observe, that the point which 
 the other prisoner, Joseph Hunt, had made, was a point rather to be considered by 
 him than by the jury. A motion had been yesterday made before him, which the 
 greater part of them had perhaps heard, and in which the same arguments had been 
 used by the learned counsel who theu argued the case, as had been that day .advanced 
 by the prisoner himself, tending to show that he was bound to put off this trial, in order 
 to afford Hunt an opportunity of appealing to the Crown to be admitted evidence. The 
 form in which that argument was put by the learned counsel, who argued it with con- 
 siderable power and ability, showed him that he could'not properly postpone the trial. 
 Supposing that Hunt had ever had any reason to make an appeal to the Crown of the na- 
 ture which his counsel recommended, and he did not know whether Hunt might not al- 
 ready have made such an appeal, it was clear that Hunt had already had time enough 
 to make it, owing to the former postponement of the assizes, tf he had put off the 
 trial, as the learned counsel had requested him to do, he should only have given the 
 prisoner an opportunity of doing that at present, which he was at full liberty to have 
 done a month ago. Therefore, powerful as the argument urged by the prisonermight 
 be, it was one upon which neither he nor the jury could act at present. Thus tar, 
 however, he should have acted upon it, that if the learned counsel for the prosecu- 
 tion had offered Hunt's confession to him as evidence, he should have rejected it as 
 inadmissible. Much had been said regarding the effect of this confession, and of the 
 manner in which it had been obtained. He was however sure that the professional 
 advisers of this young man were well aware, that even if a confession were extorted 
 from a criminal by any promise of pardon or pledge, that it would be better for him to 
 make it ; vet if, in the case of stolen, goods, the goods were found, or in the case of 
 murder, the body of the murdered person were produced, the finding of the goods in 
 one case, and the production of the body in the other, would show, that though the 
 confession might have been extracted from him unworthily, still he had spoken 
 truth, and had not from fear or any other motive accused himself or others of 
 a crime which had no existence. Therefore he said there was no peculiar hard- 
 ship in the case of this young man, and that he was only suffering that which, 
 every other criminal had previously suffered in his situation. He was stating 
 these points for their consideration," and he had now finished all the prelimi- 
 nary observations he had to make upon the topics which had been presented 
 to his mind by the defence of the prisoners. Ke should now proceed to the in- 
 vestigation of the evidence, which he should go through with .the utmost minute- 
 ness, stating to them the impressions which it had made upon his mind, and 
 leaving them to be adopted or not by the jury, as they might think proper. The first 
 observation he should make on the evidence was, that the great body of this crime 
 depended on the evidence which Probert and his wife had given regarding these 
 dreadful transactions. As Probert was an accomplice in this crime, he would state 
 to them what the law of England was regarding the evidence of an accomplice. It 
 ought never to be forgotten that, when an accomplice came into the witness-box to 
 be examined, he came into it loaded with all the girlt of the parties against whom he 
 gave his testimony; and that it was therefore impossible to make him a blacker cha- 
 racter than he already was by his own confession. If he came to accuse his accom- 
 plices of house-breaking or robbery, he placed himself before the jury as a house- 
 breaker and a robber. If he came to accuse them of murder, he was, in point of 
 moral guilt, equally a murderer with those whom he came to accuse, though he was 
 not, in point of law, liable to the same heavy consequences. The law of England was, 
 that an accomplice might be set up to be examined in the first instance ; he was a 
 perfectly competent witness, and the only question was, whether he was a credible 
 one. It was the province of the Judge to decide as to his competency, and of the jury to 
 decide as to his credibility. He now, therefore, told them that Probert vyas a compe- 
 tent witness ; but, having set him up as such, he was next bound to advise them not 
 to attend to one syllable that he uttered, unless they found him corroborated in the 
 main points of his evidence by other witnesses of unimpeachable integrity. He did not 
 say corroborated in all points, because if he were corroborated in all, there would be 
 no need of his testimony, and he ought to be pbced at the bar to be tried along with his 
 associates. He was placed in the witness-box, not to be corroborated in all points, for 
 his evidence was only wanted on a few point?, on which full light could not otherwise 
 be thrown ; but if he were corroborated in the main points of his statement?, by other 
 witnesses, who had no connexion with him, theu theylwere bound, in his opinion, to 
 give him credit upon those in which he remained unsupported. A great many sensible 
 observations had been made upon the value of Probert's testimony by the prisoner 
 Thurtell. He would not weary the jury by recapitulating them, but would tell them 
 in one word, that with all that Thurtell had said upon that subject, he fully and cor- 
 dially agreed. He would say with Mr. Wadeson, that he would not believe that indi- 
 vidual upon oath, unless h found him corroborated from some other quarter. The
 
 94 
 
 learned Judge then adverted to the observations which had been made regarding the 
 impolicy of admitting accomplices as evidence. In reply to them he would only utate, 
 i hat -it was a practice of daily occurrence and absolute necessity, seeing that without 
 it many criminal acts must go entirely unpunished. He conceived that it was very 
 important that the evidence of accomplices should not only be received, but should 
 also be credited; for it was important that men of low degree, who confederated 
 together for the commission of crime, should know that all friendships which rested 
 upon such a foundation were hollow, treacherous, and perfidious, and that the first 
 appearance of danger was certain to make the members of such a con federation dis- 
 lose such circumstances regarding their fellows, as would rescue themselves from 
 the perilous situation in which they might happen to be involved. In the very case 
 which they were now trying, it appeared from Hunt's own words, that he had 
 asked Mr. Noel, (who, by the bye, appeared to have acted a most unwarrantable 
 part in these transactions, with which be had no more to do than any by-stander,) to 
 run to the magistrates and inform them that he was willing, upon certain terms, 
 to confess what he knew, evidently showing by such conduct that he was afraid lest 
 some pel-sou should be beforehand with him in making a disclosure. It was important 
 to the well-being of society, that such a feeling should exist amongst those who were 
 confederated against it, and as there could be little difference of opinion upon that 
 point, he would proceed to another subject, on which he thought it necessary to 
 make a few observations. That subject was the power of magistrates to promise 
 pardon to accomplices for giving evidence against their fellows. He wished it to be 
 generally understood that magistrates had no such power. Indeed, Mr. Noel must 
 be ignorant of the duties of his profession if he did know that circumstance, and 
 neglectful of them if he did not communicate it to the prisoner Hunt. All the 
 power which the magistrates had upon that point was to inform the party that they 
 would instruct the counsel for the prosecution to recommend to the Court that he 
 should be admitted as evidence. Whatever might be said or sworn upon this subject, 
 there was one fact which proved most decisively that the magistrates had never ac- 
 cepted Hunt as evidence for the Crown. If they had accepted him as such, they would 
 have sworn him and taken down his deposition upon oath. It was not even pretended 
 by the other side that this had ever been done ; and among the number of depositions 
 which had been transmitted to him, he did not find one which bore the signature of 
 Hunt. Thus the matter stood at present with regard to that individual. The 
 learned Judge then proceeded to read the evidence to the jury. After reading the 
 testimony of Beeson, Field, and Upson, who found a body of a murdered man in 
 the pond near the Elstree-road, he came to the testimony of Rexworthy, who 
 positively swore to the body so found being the body of Mr. Weare. That evidence 
 showed that Mr. Weare had been killed, and gave him an opportunity of making 
 some observations on the cases mentioned by Lord Hale, and quoted by the 
 prisoner Thurtell. Those cases made it necessary that those who had known Mr. 
 Weare living, should speak to his identity when dead. It was some time since he had 
 read Lord Bale's admirable book, but he believed that the tenor of his Lordship's 
 observation was this, " I never will allow a person to be convicted of murder h< tore me, 
 unless I have the direct testimony of some person who saw the fatal blow struck, or 
 unless the body of the murdered person be found." The observation was worthy of 
 Lord Hale, and was marked by that good sense and sound feeling which had rendered 
 his name illustrious with all postenty. For in an indictment against C D for the 
 murder of A B it was certainly necessary to prove that A B was absolutely dead. 
 The learned judge declared, that he had himselfrecently acted upon that principle, in 
 a case which came before him in the county of Sussex. A woman had been there 
 indicted for the murder of her bastard child. A mass of matter was produced as the 
 body of that child, which, from having been undiscovered for two months alter it was 
 alleged to have been born, was nothing but an ugly mass of corruption there were 
 no lineaments of the human face to be traced in it, and it was impossible even to as- 
 certain to which sex it belonged. Under such circumstances, he had felt it his duty 
 to stop the prosecution ; but whether he was right or wrong in so doing it was not for 
 him to determine. Acting upon the same principle, he must here declare, that it wa* 
 necessary that the body found in die pond should be identified as the body of Mr. 
 Weare. The learned judge then read over the evidence, until he came to thai 
 of Mr. Ward, the surgeon of Watford, merely remarking that there could not 
 be a doubt that they were now sitting to inquire upon the death of Mr. Weare. 
 Before he entered into an examination of that gentleman's evidence, he was 
 bound to say that he had never in the whole course of nis experience heard a surgeon 
 give his evidence in a more plain, simple, unaffected, and sensible manner. He did 
 not know any thing of Mr. Ward, but common justice impelled him to make that re- 
 mark upon his evidence. The learned judge then read the indictment : he observed 
 that the first count of it charged John Thurtell with having, with a certain pistol, iu 
 and upon the left side of the head of William Weare, struck, forced, and penetrated, 
 and with having by such striking, forcing, and penetrating, given him one mortal 
 fracture of which he died ; and that the second count of it charged him with having
 
 95 
 
 inflicted on the left side of Mr. Weare's neck, with a knife, a mortal wound, of which 
 he had subsequently died. Now the evidence of Mr. Ward completely supported this 
 indictment ; for it was clear from it that Mr. Weare might have died either by the 
 wound occasioned by the cutting of the jugular vein, or by that occasioned by the 
 fracture in the skull. Two points were therefore clearly settled first, that the per- 
 son murdered was Mr. Weare ; and, secondly, that he was murdered in the manner 
 described in the indictment. They now came to the great question in the case, Was 
 John Thurtell the principal in this murder, or was he not; and was he aided, 
 assisted, and abetted in it by Joseph Hunt? It was not necessary to decide this 
 point ou the present trial ; but he should think that if a party came in before a 
 murder was fully completed, and stood by without preventing it, and afterwards 
 assisted in concealing it, he made himself as liable as the principal, and became 
 an accessory before the fact. That question, however, he repeated, it was not ne- 
 cessary to decide now ; but he thought it requisite for public utility and public safety, 
 to make some remarks upon it. It appeared manifest in various cases which had 
 recently been decided, that it was very common for men of low degree to flatter 
 themselves, that if theirs was not the hand which committed the fatal deed, they 
 were perfectly safe from all consequences, even though they were present at the 
 murder. Nothing could be more fallacious than such an idea. In point of morals, 
 it was wrong; and in point of law, it was equally so: for if two persons went to 
 commit a robbery, or to break open a house, and one party committed the felony 
 with his hand, and the other stood idly by, both were equally guilty in the eye of 
 the law ; and it was laying a false and dangerous unction to their souls, to suppose 
 that both would not be equally liable to punishment. He made this observation for 
 the sake of public morals, and hoped it would have due effect. The learned Judge 
 then read the evidence of George Ruthven, the officer who apprehended Thurtefl ; 
 and called the jury's attention to the facts of his having found a pocket-pistol on the 
 pei-son of Thurtell a fact which he only wished them to notice as confirmatory of 
 Probert's evidence in part. One would naturally expect that the prisoner (Thurtell) 
 would have given some account of that pistol, and also of its being the fellow to the 
 pistol which another witness found in Gill's-hill-lane, all covered with blood. This 
 witness also described Thurtell's sleeve, his coat, and his hat, as having marks ot 
 blood ou them. It was unfortunate that he should have on his person, at the very 
 time of his apprehension, some of those stains which had been described by others. 
 The witness, the first time he searched Hunt's lodgings, did not take away any 
 thing; but, on his second search, he found a double-barrelled gun, a carpet-bag, 
 a shooting-jacket, a whistle, a backgammon-board, several shirts, one of which 
 was marked " W. W." (the initials of " William Weare,"} and another 
 marked " W." alone. This was a very strong point of the evidence in bring- 
 ing Hunt and Thurtell together. It here appeared that Hunt had in his pos- 
 session, when he was taken up; an enormous quantity of articles which were 
 distinctly proved to have belonged to this unfortunate person.. The carpet-bag, 
 the double-barrelled gun, and the backgammon-board, were proved to have been in 
 his possession on the 24th of October, when he set out to the country ; and on the 
 30th, only six days afterwards, they are found in the lodgings of Hunt." All this 
 might be true of an accessory before the fact, as well as after it ; and it was argued 
 by \he.counsel for the Crown, that Hunt must have had a guilty knowledge of what 
 was intended to be done, before it was actually effected, and that he received those 
 articles as a reward or douceur for the part he had taken in this transaction. The 
 next witness was Henry Simmons, constable of Watford, who produced the pistol 
 and knife which were found on the spot where the murder was committed, ana also 
 a box and gold chain, which he had received from Mrs. Probert. The former was 
 the fellow to the pistol found on Thurtell. William Probert was the next evidence, 
 and certainly it was, in every point of view, most important. He came forward in 
 the character of an accomplice, and certainly bis conduct had been most base, in being 
 privy to the commission of a murder, and concealing it. He spoke of Thurtell as being 
 a very intimate acquaintance as a person who was in the habit of coming down to 
 sport, and who was well acquainted with all the roads in the neighbourhood. This 
 was an important point in answer to that part of the defence which rested on Thur- 
 tell's alleged ignorance of the country, from which it was assumed that he might 
 have missed his way in proceeding to the cottage. Some stress had been laid on the 
 suddenness of Thurtell's visit at the cottage; but looking to the intimacy be tweet. 
 Thurtell and Probert, it was not surprising that he should go down, witfcou 
 an invitation, and even that he should take a friend with him. The singu 
 Jarity of the case was his having said, without hesitation, as was stated i 
 evidence, " If Weare comes down, I will do him, for he has done me out i 
 several hundred pounds." Thurtell, it appeared in evidence, when he proceed* 
 for the cottage, left the Coach and Horses public-house in a gig alone. The gig, it w 
 stated, was drawn by an iron-grey or roan horse, with a white face. This circuj* 
 rtauce wa reiy important, us u was most clearly proved that such a hojse was hii*
 
 96 
 
 by Joseph Hunt. This fact was substantiated by persoug from town, and by the little 
 boy (Aadis), who gave his evidence extremely well. Some of these persons deposed 
 as to the colour of the horse hired by Hunt, and the boy, Addis, proved that the 
 horse which drew the gig iu which 'Ihurtell arrived at his master's cottage at night, 
 was of the same description of colour. It was very clearly proved that Thurtell went 
 away from town with such an animal as that described, and that he arrived alone at 
 the cottage, his gig being drawn by an animal similar in appearance to that which was 
 so dcscriibed. On the apparent discrepancy of the evidence, with respect to time 1 , 
 which appeared in the statement of the coachman who took up Weare, and who spoke 
 to its being daylight when he set him down, and the statement of others, who spoke 
 to the period at which Thurtell left the Coach and Horses, the learned Judge observed, 
 that nothing could possibly be more uncertain than the keeping a correct account <> 
 small portions of time. The question for the jury was, whether the discrepancy was 
 not of a trivial nature whether, considering the fact, that his watch might go a little 
 slower or a little faster than that of another person whether, looking to the circum- 
 stance that a man might make an erroneous guess at the time, with reference to a mat- 
 ter which had passed some days before, the discrepancy which was likely thus to 
 arise, should militate against a statement which, on the whole, presented very little 
 appearance of inconsistency, with refeience even to time. The learned Judge, in 
 
 Eursuing his observations on the evidence of Probert, referred to the evidence of 
 larke and Field, the publicans, as corroborative of what had been sworn by Pro- 
 bert, and pointing out a complete link of evidence. The learned Judge inci- 
 dentally alluded to that part of Mrs. Probert's evidence, in which she described 
 Hunt as having talents for singing. ("Here Hunt placed one of his hands before his 
 face, swayed his head from side to side, and exhibited all the apj>earance of extreme 
 distress. The eyes of the whole Court were attracted towards him, whilst he ex- 
 hibited this appearance, which continued for two or three minutes. He then resumed 
 his composure.] The general effect of this evidence (of Probert's) went to show 
 that Hunt was aware of the various facts of which it imputed to him a guilty know- 
 ledge ; particularly that part which regarded the circumstances that took place when 
 Hunt and Probert stopped to drink at the Artichoke. The boy (Addis) proved the 
 coming in of the three parties together to him (Addis) in tne stable. First of all 
 Hunt came in by himself; but having gone out, he returned accompanied by Probert 
 and Thurtell. Probert's evidence proved another fact the going out of the parties 
 into Gill's-hill-lane, after the supper had been ordered, on the night of the murder, 
 and the hour at which this incident took place. Now how was all this confirmed ? 
 By the evidence of the woman (Woodroffe) who cooked the victuals which were eaten 
 at that supper, it appeared that that she received orders from her master (Probert) 
 not to dress them so soon as they had been ordered: and she believed that her 
 master, Thurtell, and Hunt, did then go out. They said they were going to Mr. Ni- 
 cholls's, and they stayed nearly an hour. Now lef tne jury ask themselves what these 
 men did during this time ? Did they in fact go to Mr. Nicholls's ? Mr. Nicholls, on 
 his cross-examination, said he was at home all this while ; that he was never out on 
 that evening ; and that neither Mr. Probert, nor any of his friends, called upon him 
 on that day. The question, then, for the Jury was, whether, if the parties nad not 
 gone out, agreeably to their own account, to Mr. Nicholls's, they had not gone out 
 with some purpose, which, to say the least, they thought fit to keep entirely secret, 
 and of the suspicious character of which the Jury could not feel much doubt in their 
 own minds. The witness deposed, that John Thurtell, when they went out before 
 upper, took with him a cord and a sack : and he carried a lantern down the lane. 
 Now all through this case, it was shown that the body was found in a sack, and had a 
 cord round it. The Court then adverted to the passages in Probert's evidence, which 
 regarded the expressions used by Thurtell iu allusion to the part of the lane in which 
 lay the body of the deceased; the finding of the body with the red shawl about its 
 neck, and the search in the leaves and grass for tne knife and the pistol. Here, 
 again, confirmation was not wanting. If the jury believed the evidence of the two 
 labouring men, Harrington and Richard Hunt, they would remember that those wit- 
 nesses did see two men in this same lane the next morning alter the alleged murder ; 
 the one of them with a black, and the other with a white hat. Harrington had sworn 
 to the roan in the white hat, whom he had pointed out in the prisoner Tlmrtell ; and lie 
 deposed that the other party wore large bushy hair, and had black whiskers, and a black 
 hat. Now it was proved that John Thurtell had no white hat of his own, but Probert 
 nad. And in the course of the proceedings, Probcrt had been very properly asked by 
 counsel, who had repeatedly addressed the question to him, whether he had not^that 
 morning walked out with a white hat on ? The witness positively denied it. This 
 was, however, a most important fact to be considered by the jury. Had Thurtell on a 
 white hat or uot on the day in question ? They could not have_ forgot that Sarah 
 Woodroffe had sworn, that about sin or seven, or seven or eight o'clock on the morn- 
 ing of the same day, on which these two men were seen in the lane, she went 
 into the parlour at GillVhilKottage, ami saw John Thuriell lying on the
 
 97 
 
 sofa " with a white nat on his head." Now of the two men who were seea 
 in the Jane that morning, the labourer, Richard Hunt, swore that the pri- 
 soner, Joseph Hunt, was one, and that Thurtell was the other ; HarringtoR 
 swore only to Thurtell. They also swore to the seeing them searching, on the morn- 
 ing after the murder, in the hedge ; and therefore the fact of the pistol being found 
 by the labourers, as it was, on that very spot, was of singular importance; not so 
 much, perhaps, in itself, as that it went mainly to confirm the testimony of the 
 witness Probert. When Thurtell had taken the sack and cord, and, accompanied by 
 Hunt and Probert, had found the dead body on the other side the hedge, and had possessed 
 himself of the three five-pound notes, according to Probert, Thurtell and they put 
 the body in the sack head foremost. Probert did not know how far the sack came 
 down; but other witnesses proved, that when found, it had reached somewhere 
 about the knee, and it was tied with a cord. Was this account of Probert's sup- 
 ported ? Yes ; by the evidence of Mrs. Probert. Of Mrs. Probert, the court would 
 just observe that she was a competent witness now, for her husband had been 
 acquitted. Jf her husband had still been to be tried, (and it might seem necessary to 
 explain this to the jury,) she would have been an incompetent witness. And by 
 this, they were to understand the court as meaning, " incompetent," not as if she 
 
 ssible evidence against the husband. He, however, beiug acquitted 1 , 
 me was a competent witness ; and though the impropriety of her accepting the 
 am which she wore after Thurtell put it round her neck was calculated to 
 sccite some suspicion, yet it would be carrying the principle of caution too far, 
 to a degree not warranted even by the facts, or by the ordinary feelinjjsr 
 ven of humanity, to require that sh should have suspected that a murder had 
 been just previously committed. It had been proved by innumerable witness e 
 that the chain which she gave up to the constable on the 5th of November last, 
 ^If 8 u* 16 ? ame tliat t ' ie deceased wore about his person when he last left hisr 
 chambers in Lyon's-inn. From whom did she receive it ? One witness said she 
 put it about her own neck; she deposed that Thurtell put it there; but this was? 
 a very trifling difference of testimony. Now, from the evidence of Upson and 
 that of Foster, which had been much commented on by the prisoner, the question was, 
 whether there was not direct corroboratiou of Probert's evidence in respect to Thur- 
 tell's possession of the watch to which this chain was attached ? Upson deposed; 
 that Thurtell told him that he had thrown the watch over some palings near Wat- 
 ford. If the Jury believed Charles Foster, this fact was also confirmed ; for Foster,, 
 who was a constable, spoke to ThurteU's telling him that Hunt was a rascal for 
 nosing him in such a manner, and that he had offered the watch for sale as Hunt's 
 property this was on the 30th of October. The court had here been drawn in to 
 notice Foster's evidence, but it would keep its faith with Mr. Thessiger, the learned 
 counsel for the prisoner Hunt, who had veiy properly objected to this evidence, on' 
 being offered, by urging that it could not be received as against his client, being mere: 
 hearsay; and it would not be received, perhaps, as against Hunt; but it was good 
 evidence against the prisoner Thurtell, who himself had made the declarations it 
 referred to. There was a part of Probert's evidence to which he (the learned Judge), 
 should now particularly advert ; it was, that Thurtell said, as the party were return- 
 ing to the cottage after looking at the body, " When I first shot him, he jumped out 
 of the gig, ran like the devil up the lane, singing out that he would deliver up all that 
 he had won of me, if I would only spare his life ; " and the witness added, that he 
 (witness) believed the term " singing out " might be one which was used in the navy. 
 The court had since learned, from the evidence of that very respectable officer, Captain: 
 M'Kinlay, that, in fact, Thurtell had formerly been at sea. Now, " singing out" 
 was certainly a maritime term, and used to express the act of those on board 
 of one vessel crying out to those in another. The question here for the 
 jury would be, whether the use of such a term by Thurtell was not a cir- 
 cumstance to be taken as confirmatory of the truth of the evidence ? Again, the 
 statement that Thurtell said deceased offered to restore all he owed him, if he 
 would spare his life, was to be carefully observed. Experience showed, that in all 
 cases where such great crimes were committed, a motive must be looked for. For: 
 such an atrocious and horrible murder as that which was here charged to have been - 
 perpetrated, no adequate motive, in truth, nor any thing like an adequate motive* 
 could be surmised. But it would appear that the deceased had won a considerable 
 property from the prisoner, at play ; and if this was so, it was to be considered whe- 
 ther that dreadful, that horrible vice, by which he had suffered, and which the pri- 
 soner himself had, in his address, most properly stigmatized with the strongest 
 reprobation that vice which destroyed the good order of society, sapped the founda- 
 tions of all morals, aud too often drove men into the commission of crimes thai
 
 98 
 
 otherwise they would never contemplate whether this had really been the motive of 
 the fatal crime that had hmi committed ? If it had been, the learned Judge sincerely 
 hoped that the event of this day, whatever way the business miijht terminate, would 
 operate as an awful lesson. If what the prisoner had stated was indeed true, that the 
 nobility and ueiitry of this country commonly indulged in the destructive vice of 
 gaming, the court trusted that this would have a salutary effect upon them. As to 
 Probert's testimony to Thurtell's declaration, that he began to rut the deceased's 
 Jhmat, as he thought, about the jugular vein, and finding he still could not prevent his 
 singing out, jammed the pistol in his head, and gave it a turn round, it was tes- 
 timony that of course could have uo direct confirmation : but the evidence of the 
 surgeon showed very strongly that such must have been the fact. 'Hie ob.-enation 
 said to have been made by the same prisoner on presenting Mrs. Probert with the 
 chain, was confirmed by the evidence of Mrs. Probert herself. Miss Noycs spoke to 
 the same matter?, and to Hunt's sinning ntter supper. It was proved !>v oilier wit- 
 nesses that he did sin;,' two or tlire.- sum,'*.,- As to Probert's account, tliat Tliurtell 
 gave him and Hunt til. a-piece, wiying that was their share of the "blunt" blunt 
 was a cant phrase which, happily, -the court did not understand. The evidence of 
 Probert, as to the taking out 'of the gig the carpet bag, and the other articles which 
 Thurtell said had belonged to the murdered man, and as to the latter's saying he 
 meant to have Barber Beaumont and Mr. Woods next, was very strong. For that 
 there were a carpet bag, a gun, and other articles, so taken out, did not depend 
 on this witness alone ; the fact was proved by a boy and a woman sen-ant ; and that 
 the things were the property of the deceased, was proved by other witnesses. How 
 came they, then, into this cottage, and into the prisoner's possession ? If the jury 
 believed Probert, it was very clear that the murdered man had brought them down in 
 the gig with him ; but the boy and the woman differed as to whether Tliurtell or 
 Probert brought them into the cottage. A gun was seen in the gig by Probert'* 
 bey, and in that gig to the cottage Turn tell came alone. Probert and Hunt, the 
 otter prisoner at the bar, came in Probert's gig, and these, consequently, were 
 circumstances all of them requiring to be accounted for. 
 
 Thurtell. I beg to say, my Lord, that that gun of mine was sold by public 
 anction, at a sale of Probert's effects. 
 
 The Court. That fact does not appear in evidence. 
 
 ThurtelL No, my Lord ; I overlooked it. 
 
 The Court. If, prisoner, you have overlooked it in evidence, and can supply 
 it properly now, 1 will do so for you. The jury will observe, that what the pri- 
 soner may observe to the court merely, is no evidence in itself. In adverting to 
 Thurtell's saying " he was bagged," on Probert's informing him that cries of 
 murder were heard near the lane on the Friday, and to Probert's observation 
 that he was afraid the business would ruin him, the learned Judge expressed a 
 wish that Probert had acted up to this his impression, and had sent for some 
 magistrate, whose interference might have prevented some of the acts that sub- 
 sequently took place. Unfortunately, all this conduct of Probert's had been, 
 undoubtedly, most infamous, and was not to be defended. The story about 
 going to Probert's pond, taking out the body, disposing of it for the time naked 
 on the greensward, returning for the gig, and putting it in there enveloped in 
 the sack, Hunt in the mean time remaining in the parlour this was confirmed 
 by the evidence of Mrs. Probert, who saw Hunt, as she thought, and Thurtell 
 dragging something weighty through the garden, and afterwards overheard 
 them and her husband in the parlour, whispering. She also thought she heard 
 them trying on clothes. Now the jury would hear by-arfd-by, whether any per- 
 son was afterwards seen in the deceased's clothes. Mrs. Probert also over- 
 heard them tell her husband, " that they must say to the boy, that a hare had 
 been laid on the gig-seat, and that they had had a hare made them a present 
 of." This looked as if some blood had been spilt in the chaise, and that it was 
 thought necessary, by a false story, to delude the boy's mind as to the manner 
 in which it had been occasioned. All this occurred at an early hour of the mor- 
 ning, and Thnrtell said he had had his revenge. At this part of the evidence 
 there seemed some slight degree of confusion ; for one or two facts were spoken 
 to by others, whereas it did not appear that, excepting Hunt, Probert, and 
 Thurtell themselves, any body but Mrs. Probert was up at this time. 
 
 Tliurtell. Will you allow me, my Lord, to call the sheriffnow, in order to prove 
 that my gun was sold previously at a sale of Probert's goods ? 
 
 The Court. Yon don't mean the high sheriff, prisoner, of course 
 
 Thurtell. No, my Lord : the under-sheriff. 
 
 Mr. W. Nicholson, the under-sheriff was then culled.
 
 99 
 
 Examined by Thurtell. I ask you, sir, whether my gun was not sold among 
 Mr. Probert's effects ? 
 
 The Under- Sheriff. Certainly there was a double-barrelled gun sold nnder 
 an execution levied on Mr. Probert's goods, Whether that gnn belonged to 
 you or not, I cannot say. We supposed it to be the property of Mr. Probert. 
 
 The Judge. " Of course you did, Mr. Under-Sheriff, otherwise you would not 
 have sold it." The court then observed, that it hoped that it had not proceeded 
 wrongly, in allowing the prisoner to mend his defence : bnt what lie had of- 
 fered had, as the court at first feared, turned out to be nothing at a~11. The 
 boy, Addis, who saw the gun in the chaise on the night of the Friday, met Pro- 
 beta walking down Gill's-hill-lane, with a double-barrelled gnn, on Saturday 
 afternoon ; and Probert was proved to have been seen on that afternoon walk- 
 ing with a double-barrelled gun, as if he were out shooting. Now the identity of 
 the gun which the boy saw, with that which Probert had, was not proved in evi- 
 dence ; but the identity of the gun that came and went away again with John 
 Thurtell, in his gig, was clearly proved ; and therefore could not be the gun of 
 Probert's which was sold. Still, looking at Probert's evidence, the jury would 
 observe, that Thurtell said he had been down the lane, to look for the pistol 
 and knife which had been lost in the leaves and the grass. Was this true ? Did 
 it depend upon the testimony of Probe: t alone? Certainly not, for the jury 
 had had the evidence of two labouring men, who saw the prisoner Thurtell, 
 thus oocupuied ; and of which two men, one had sworn to the person of 
 Thurtell, and the other to both Hunt and Thurtell. Again, the evidence 
 as to the spade, which had been given by Probert, was strongly corro- 
 borated. A new spade purchased, it was said, to bury the deceased, and 
 which was brought down in the carriage that conveyed Hunt and Thomas 
 Thurtell to Probert's house on the Sunday, had been produced. Thomas 
 Thurtell swore, that when they arrived there, it was thrown over the gkrden- 
 wall. Then as to Hunt's wearing clothes which had belonged to the de- 
 ceased, it was not likely that Hunt or the prisoner Thurtell should saj 
 any thing about that fact in the hearing of indifferent persons. But that 
 Hunt went up on the Sunday, dressed in such clothes, there could be, surely, 
 scarce any doubt whatever. And this received some degree of confirmation 
 from the circumstances under which he went down with the two Thurtells to 
 the cottage, and from the throwing of the spade. The learned Judge then 
 observed upon this observation of Hunt's " Probert, they can do nothing with 
 you or me either, because neither of us was at the murder." The court availed 
 itself of this opportunity to observe again, that such was the erroneous doc- 
 trine which the minds of men, such as Hunt appeared to be, were apt to en- 
 tertain. He seemed erroneously to suppose, that if he did not actually perpe- 
 trate the murder, he was not liable to the punishment of the law. The mis- 
 chievous consequences of such a misconception, the court was most anxious to 
 guard against. Miss Noyes proved, that on tiie night of Friday, the 24th of 
 October, Hunt, Thurtell, and Probert, soon after their arrival at the cottage, 
 went out together, with the alleged intention of asking Mr. Nicholl?, who lived in 
 the neighbourhood, for a day's shooting. She also spoke to their return the ex- 
 pression of their disappointment the manner in which the evening was passed, 
 and their incidents, which received strong confirmation from the testimony of 
 Mr. NichoIIs himself. That witness deposed, that on the night of Sunday 
 Probert did call upon him, and that some conversation passed between tHem 
 with respect to something that had happened in the lane ; but the same wit- 
 ness added, that although on Friday he was at "home all the evening, he saw 
 neither Probert nor any of Probert's friends. Probert's account was, that after 
 his return from Nicholls'^ on Sunday evening, and his conversation with Thnr- 
 tell as to what Nicholls had said, Hunt and Thurtell sate up all night : the wit- 
 ness went to bed, as did Noyes, Thomas Thurtell, and his children ; and that on 
 the next morning, John Thurtell and Hunt said to him, that they had gone out 
 last night to dig a grave to bury the body in ; but the dogs barked so, all the 
 time, that they were obliged to'desist. On the Monday morning. J. Thurtell, 
 T. Noyes, and Miss Noyes went to London in one chaise, following another 
 which contained T. Thurtell, Hunt, and the witness's boy Addis. They went 
 all together, therefore ; and took the boy, in order to be out of the way of being
 
 100 
 
 -aiiked questions. This part of the story was supported by the evidence of 
 Addis ; for it was sworn by him that the parties did go together, in the man- 
 ner deposed to. The learned Judge then recapitulated Probert's evidence as 
 Jto the return of John Thurtell and Hunt, on that evening, to the cottage ; 
 Thurtell's proposition to witness to go and get the body out of the pond, le.iv- 
 ing Hunt with Mrs. Probert, the manner of effecting this purpose, the taking 
 <the body out of that sack in which it had been put, the cutting the clothes off, 
 and the putting the corpse in a new suck. The court, at first, could not quite 
 .make out this part of the case, inasmuch as it had been sworn that the body 
 was put into a sack (after (he murder) with the clothes on ; and yet the body, 
 which was dragged out of the pond at Elstree, was naked. But it had not 
 been proved (a matter that possibly the counsel had overlooked) whether that 
 -body was dressed or not. This man (Probert) swore that it was not, when he 
 and Thurtell removed it from Probcrt's pond, which was a matter that re- 
 quired some proof; and proof, indeed, it had received. The very respectable 
 surgeon of Watford, Mr. Ward, and the witness Pidcock, had both agreed 
 in deposing that the body found at Elstree was naked when taken out of 
 4he sack. But did Probert receive further confirmation on this subject ? 
 The servant, Susan Woodruff, had given strong evidence on this point ; 
 for she proved that upon going into the chaise-house on Tuesday morn- 
 ing, she saw a sack cut open and very wet, hanging up upon a nail. 
 Now this was on the morning* after the body was taken out of Probert's 
 pond and put into the new sack. The evident presumption was, that that into 
 which it had been first thrust was the sack Woodruff saw in this wet condition, 
 hanging up in the stable. Probert having stated in his cross-examination, that 
 on the night of the murder he had conversed with Mrs. Probert, but could not 
 swear whether he had told her what had passed, was asked by the counsel for 
 the prisoner (for the counsel for- the crown could not put the question), what 
 it was that had passed between himself and Mrs. Probert on that occasion ( and 
 lie had answered, that he thought he told her, when she asked him about the 
 dragging ; that it was some netting which John Thurtell had brought down, and 
 they had gone out with to snare game. The court did not exactly remember 
 whether this was confirmed or not ; but it had itself put a question to Mrs. 
 Probert, not as to the whole of the conversation between her and her husband 
 on the occasion, but as to whether she had then said any thing about this matter 
 to Probert, and the answers of the wife went to confirm the statement of the 
 Jin-hand. As to the account which Probert had given of himself, his transac- 
 tions, and his conduct, the court could do no more than repeat, in the strongest 
 jmanner, its utter reprobation of his conduct, which had been most disgraceful. 
 It appeared that he had been brought up before the Commissioners of Bankrupts 
 .six or seven times ; and the very highly respectable witness, Mr. Wadeson, 
 being called, proved this fact, and his committal ; but the same gentle- 
 man's evidence showed that the commissioners must have been satisfied 
 at least, because Probert ultimately passed his examination. The jury 
 were not quite aware, perhaps, of the nature of those proceedings ; but 
 it was sufficient for the court to observe, that the presumption must be, 
 that the commissioners had been finally satisfied by Probert, or else they 
 would not have passed him. He deposed that he could recollect no playing 
 at cards in the cottage on the Sunday. Now the fact, though differently stated 
 by another witness, might be so, although the jury could not give credit to any 
 decorous or conscientious feeling in Probert's mind, as having deterred him or 
 Lis friends from an action which was, on Sundays, highly improper, without 
 . doubt. On his further cross-examination by another counsel, Probert stated, 
 that he had met the prisoners at Tetsall's, more than a week before the night 
 of Friday ; and had known Hunt more than twelve mouths, having himself in- 
 troduced him to Thurtell. The pork which was purchased in Oxford-street, 
 Probert swore to have been paid tor by Hunt, and the sum he docs not remem- 
 ber to have ever repaid him ; neither had he, on the other hand, ever applied 
 to Hunt for the remainder of the 20. he had given him at Thurtell's request. 
 Now, neither of these circumstances could create any surprise in the minds of 
 the jury ; for all the parties appeared to have since engaged in transactions, of 
 which the history is too full of bloodshed and atrocity to allow of any calm re- 
 collection of such pecuniary matters. Probert admitted that he said to Mr.
 
 101 
 
 Franklin, the clergyman, and up to the day of his going before the grand jury, 
 that Hunt and himself were innocent of the murder. And very like it was, the 
 court thought, that he did say so. Such an assertion (especially under the sort 
 of unfounded notions that these men might be supposed to entertain about legal 
 guilt) was natural enough to a person in such a situation. The witness might 
 have said he was innocent, and probably that Hunt was too. All this looked 
 consistent enough ; for, as the court h;id remarked before, it was a common 
 subterfuge with such men to suppose, that if they did not commit the particular 
 crime, they were innocent altogether. Hunt, again, might have said to Mr. 
 Franklin, whom the court believed to be a most respectable officer of the 
 county of Hertford, that he was or was not guilty. The court, however^ 
 could not too much reprobate such confidences, if they were not shown to be 
 entirely necessary and justified, especially between clergymen and accused or 
 suspected parties. There was nothing of such confidences recognized in the 
 doctrine of the church of England, whatever might be case in the Romish com- 
 munion ; although, in these criminal cases, his lordship apprehended, even 
 that communion did not exactly encourage them. With us, however, they 
 ought by no means to prevail. The court then proceeded to observe on the 
 evidence of Mrs. Probert; and on the fact of ThurteU's producing a watch, 
 and presenting her with the chain, it remarked that the jury would undoubt- 
 edly remember, that the boy Addis had deposed that a gold watch was on that 
 evening put down in the kitchen on the table by John Thurtell. The learned 
 Judge considered that Mrs. Probert's account of the proceedings at the 
 cottage, and the departure of Hunt and Thurtell on the Monday, was much 
 confirmed by her husband's evidence, and by the fact in proof of Hunt's 
 arrival at his own lodgings in town, the next morning, at a very late and unsea- 
 sonable hour. What the fact of the hole dug for potatoes in the garden a 
 very usual mode of deposit for that vegetable was examined into for, as in. 
 .Mrs. Probert's case, the court did not rightly understand. The evidence ot 
 Thomas Thurtell was excessively important ; for he swore, to his recollection, 
 that on the 2-lth of October, his brother John (the prisoner) and Hunt dined at 
 Tetsall's ; and he remembered, he thought, that after dinner Hunt brought a 
 sack with him and a gig to the door. The jury would particularly mark this fact 
 as applicable to Hunt's case. The learned Judge next remarked, that the fact of 
 Hunt having shaved off his whiskers after the 25th of October, as mentioned 
 the the witness Rexworthy, merited the attention of the jury. He might 
 observe, however, that Rexworthy was not a man whose character was of the 
 best description. He was the keeper of a house appropriated to billiard-playing, 
 and he (Mr. Justice Park) considered persons who kept such places to be pan* 
 ders to Uie bad passions of men. He would show no favour to men who kept 
 houses of that nature, and if it were necessary, he would feel it his duty to make 
 some severe observations respecting his character ; but that was not the case, 
 "because the evidence of Rexworthy was confirmed by many witnesses. He now 
 came to a most material witness namely, Mrs. Malony, the laundress of Mr. 
 Weare. She deposed that she saw the carpet bag and other articles, which 
 were seen in the possession of the prisoners at nine o'clock on the evening of the 
 25th of October, iu the hands of their owner, Mr. Weare, at three o'clock on the 
 afternoon of the same day. It was an every-day observation of judges, that if 
 stolen property was found shortly after the robbery had been committed in the 
 possession of an individual who could give no account of it, it was a strong 
 ground of suspicion against him. It was not sufficient for prisoners under such 
 circumstances to indulge in general declarations of innocence; they were bound 
 to show by evidence in what manner they became possessed of the property. 
 The next witness, upon whose evidence he felt it necessary to remark, was John 
 Shepherd, the servant of Mr. Probatt. Shepherd swore, that when Hunt came 
 to his master's yard to hire the gig, he stated that he was going to take it to Dart- 
 ford. If Hunt had known nothing of what was to be done, on that night, why did 
 he not say that he wanted the chaise to go to the neighbourhood of Elstree, in- 
 stead of putting the stable-keeper on a wrong scent, by saying that he was going 
 to Dartford ? The evidence of Mr. Probatt showed that Hunt had a most deprav- 
 ed mind. His language was coarse and brutal, and he talked of murder as a 
 matter of indifference. Mr. Probatt's evidence did not merely prove, that 
 Hunt indulged in declamation, for if it had gone HO further than that, he would 
 have felt it his duty to prevent it from being laid before the ury; but Mr, Pro-
 
 102 
 
 batt stated that Hunt on one occasion took a pistol from his pocket and said, 
 *' This is the boy to do business." He would leave to the jury to form their 
 own judgment of such a proceeding. 
 
 Thin tell here intcmipu-d his lordship, nnd begged him to read the evidence 
 of Mr. Field, the landlord of the Artichoke public-house, at Elstree. 
 
 Mr. Justice Park said' that he would not, because be had already read every 
 word of it. 
 
 Thuitell. I beg pardon, my Lord ; but I think you omitted that part in 
 which Mr. Field stated that Hunt was alone at his house on the Tuesday. 
 
 Mr. Justice Park. I do not see what reason yon have for wishing the fact 
 to be stated, if it were so. 
 
 Thurtell said something which was not very intelligible, about Probert 
 having confessed to five men in the gaol that he had planned the whole affair 
 in conjunction with Hunt. 
 
 Mr.^ustice Park observed that he could not understand \\hat the prisoner 
 meant. 
 
 Tlmrtell. There is another thing, my Lord, 
 
 Mr. Justice Park said that he could not permit the prisoner to comment on 
 the evidence. 
 
 Thurtell said that he did not wish to make any comments, bnt merely to offer 
 an observation. 
 
 Mr. Justice Park told him to communicate what he wished to say to his 
 counsel. 
 
 Tlmrtell accordingly spoke to his counsel, who afterwards addressed Mr 
 Justice Park in an under tone. 
 
 Mr. Justice Park, addressing the jury, said, he had asked the prisoner's 
 Counsel to enable him to know what Thurtell meant. From what he could un- 
 derstand, Thurtell wished it to be inferred, that because Hunt was at the Arti- 
 choke on Tuesday, he must have been there for the purpose of throwing the 
 body into the pond. It rested with the jury to say whether that inference 
 could be fairly deduced from the fact. 
 
 His Lordship was here addressed by the prisoner's counsel ; after which his 
 Lordship stated, that he was informed Thurtell wished to call new evidence, 
 which he (Mr. Justice Park) was willing to receive. 
 
 A person named Isaac Pye was then placed in the witness box. He stated 
 something about it double-barrelled gun having been sold at the auction \vhicli 
 took place at Probert's cottage. [We could not perceive what bearing tki* 
 evidence had on the case.] 
 
 Mr. Justice Park desired the witness to stand down, observing, that his tes- 
 timony was of no importance. His Lordship then proceeded with his view ot 
 the evidence. He observed, that James Freeman had deposed, that on the even- 
 ing of the 25th, he saw two gentlemen going from Probert's cottage in a gig, 
 drawn by a white- faced horse. 
 
 <- Thurtell again interrnpted his Lordship with an observation, the purport of 
 which was, that Freeman, in his deposition before the magistrates, had sworn 
 that the horse was of a different colour. 
 
 Mr. Justice Park referred to the deposition which Freeman had made be- 
 fore the magistrates ; and then observed that the prisoner's assertion was 
 quite unfounded. He had described the horse on that occasion precisely as he 
 had done before the court. 
 
 Thnrtell said he alluded to the deposition of Mrs. Freeman. 
 Mr. Justice Park said, that Mrs. Freeman had not bern examined; and the 
 court could not contrast evidence given by a witness who had not been examined 
 there, with that given by a witness examined elsewhere. He understood, how- 
 ever, that Mrs. Freeman had been called for the purpose of affording the prisoner's 
 counsel an opportunity of propounding some question to her, but she had not ap- 
 peared before the court. I have now, gentlemen, gone through every fact of the 
 evidence by which your consideration of this case ought to be governed. Among 
 the witnesses called by the prisoner Thurleil, is Mr. Wadeson, a most respectable 
 solicitor, who, upou being examined, has told you that from his knowledge of 
 Probert, he would not believe any thing he should say upon his oath, unless it 
 was confirmed by some other testimony. To the same question, from what I 
 have seen of the witness Probert, I should have returned a similar answer .1 
 would not believe him, unless his evidence was confirmed. You have heard the
 
 respective addresses of the prisoners, andthey willhavesuch weight with you as they 
 merit,considerh.igatthe same timethe depositions of the witnesses for tho prosecu- 
 tion. You will remember, gentlemen, that the prisoner Thurtell is in one respect 
 distinguished from the prisoner Hunt, as theformer has called three witnesses to his 
 character. Of these, Capt. M'Kinl,\y,a most respectablcofficer, was one, but whose 
 knowledge of the prisoner was of ancient date. If that gentleman had known 
 him since 1814, as he knew him before, and if he could have given him the 
 same character for good temper and humanity during the lapse of nine years 
 between that period and the present, then his testimony in the prjsonir's behalf 
 would be entitled to much greater weight. The other two witnesses, Mr. Haydon 
 and Mr. Walmsley, spoke to the prisoner's character, and with their testimony 
 you, gentlemen, will deal as you think fit. 1 must, however, observe to you, 
 that character should only prevail where a rational doubt exists ; in other terms, 
 that you must decide this case, not upon the charcter of the prisoners, but upon 
 the facts. If the facts are sufficient to bring conviction home to your minds, . 
 however respectable may be the family of the prisoner (and I give him credit for - 
 what he has told you respecting his parents, whose case I feelingly lament, but 
 whom I do not know) ,then, how much soever you may regret that such a man should 
 be guilty of the crime imputed to him, this regret ought not to influence your 
 verdict. You are not trying his good character, much less his had character, 
 and God forbid that the laws of the country should be swayed by any such cir- 
 cumstances. If calamities and prejudices have been, as he says they have, raised' 
 against him, by imputing to him former bad conduct, such calumnies have been, 
 most cruel ; and it is astonishing that men of education, and of the smallest pre- 
 tensions to right feeling, or to the welfare of the people, should lend themselves 
 to practices so injurious to sound religion and good morals. You are not to try 
 whether the prisoners have been bad men, (if bad they have been,) but whether 
 one of them has committed a murder, and the other was his accessory before the 
 fact. If he were otherwise as pure as an angel, and you were satisfied of his 
 guilt in this instance, it would be your duty, in justice 'to your fellow-creatures, 
 to pronounce your verdict accordingly. But if, in the imperfection of human in- 
 telligence, a rational doubt should prevail in your minds, then you must give the 
 prisoner the benefit of that doubt, and let the weight of his character be thrown, ' 
 into the scale. Gentlemen, I can say no more to you. I have put you as fully 
 in possession of the facts as I am able. If you are satisfied, notwithstanding the 
 darkness of the night in which crime is usually perpetrated, and the absence of 
 all witnesses but the perpetrators of the crime, that the finger of God sufficently 
 points out the prisoner; as the guilty persons, you" will do your duty to God aud 
 to your own feelings by bringing in a verdict according to your conscience." 
 
 As the jury were about to retire from the box, the prisoner (Hunt) requested 
 to address a few words to them. 
 
 Mr. Justice Park. I am really distressed that applications like these should be 
 made, which the laws and the constitution forbid me to comply with. I will, 
 however, send your counsel to you, to hear what it is you wish to say; and if he 
 tells me that it is advisable, I will communicate it to the jury. 
 
 Mr. Thessiger now approached the dock, and having conferred with Hnntfor a 
 few moments, returned to the judge, who immediately after said to the jury, 
 " Gentlemen, 1 have no further observation to make." 
 
 The Jury retired at half past three, and remaiued out of court half an hour. 
 During this time the demeanour of the prisoners was perfectly unchanged. Huat's 
 appearance was, as before, somewhat dejected. Thurtell was serious, but quite 
 calm. He drank a glass of ale while the jury were absent. 
 
 At four o'clock the jury returned, and having taken their seats, their names 
 were called over. As each juror entered, Hunt regarded him with a look of .in.-, 
 tense anxiety. Thurtell surveyed them with the same calmness as before. 
 
 The jury then pronounced their verdict, finding Thurtell guilty of the murder j 
 and Hunt also guilty as an accessory, before the fact. 
 
 The utmost silence now [prevailed throughout the court, and every eye was 
 turned towards the prisoners, upon whom the verdict made no visible im- 
 pression. 
 
 Mr. Chitty then urged some legal points in arrest of judgment, which -wer 
 overruled by Mr. Justice Park. 
 
 The clerk of the arraigns now asked the prisoners if they .had any thing to 
 urge why sentence of death should not be pronounced upon them ? Thurtell then, 
 leaning over the bar, said, I implore your Lordship to take what I have to say
 
 104 . 
 
 into your most serious consideration. I now for the last time assert my inno- 
 cence. 1 repeat, I hope your Lordship will take my request into your serious con- 
 sideration, when I beseech you to postpone the execution until Monday next. My 
 reason for asking 1 this is, that my friends are at a considerable distance, and many 
 of them wish to see me. For myself alone I would not ask this delay ; for if the 
 sentence were to be executed now, I am ready ; but I ask it for the sake of those 
 whose feelings on this occasion are of more interest to me than my own. Between 
 me and some members of my family there are some matters to be arranged which 
 will require the delay for which I ask. 
 
 During this short address, the ^prisoner spoke in a subdued though Jfirm tone 
 of voice, and was evidently labouring under considerable anxiety. Whenever any 
 allusion was made to his family, he seemed to be much affected. 
 
 The prisoner Hunt declined to address the court. 
 
 Mr. Justice Park, having put on the black coif, addressed the prisoners as 
 follows : 
 
 " John Tlmrtell and Joseph Hunt, after a very full, a very fair, and, I trust, an 
 
 ' en found, I think with great pro- 
 been respectively charged you, 
 >u, Joseph Hunt, as his accessory. 
 Jt cannot but give to" every feeling mind deep regret, that a person who has this day 
 shown himself born for better things, and who, I hope, in earlier life, received im- 
 pressions of virtue from his parents, should have committed so detestable a crime; 
 for, notwithstanding the assertions of innocence which you have over and over again, 
 made, I, who can only judge like all other mortals from the evidence before me, an* 
 as fully satisfied of your guilt, as if I had seen you commit the crime with my mortal 
 eyes. I beseech you not to lay that flattering unction to your soul, lest that all-seeing 
 eye, which, as you have this day truly said, reads all hearts, should discover that you 
 have entered his presence with a lie in your mouth, and penury in your right hand. 
 You know, and he knows, whether there is any foundation for the assertion which 
 you have so often repeated. By the evidence before me, it appears that this is one of 
 the most foul and wicked murders that ever was perpetrated. That you should 
 have formed an u lunacy with the deceased in those haunts of gaming ana vice which 
 are the bane of society ; that you should have professed friendship for him; that you 
 should have invited him to the house of your friend ; that he should have earned with 
 him clothes for his ornament and for his use ; and that in a moment of darkness, and 
 Jtefore he reached that house, he should be no more cut off by your hand, are all 
 circumstances aggravating your crime. If he was a man of such character as ha 
 teen represented, think how much the criminality of you and your accomplice has 
 been increased, by sending him to his final account before he could once think of his 
 God, or call upon his name.' I seek not to aggravate this offence. I wish not to make 
 you more wretched, but I hope that you will not apply some healing falsehood to your 
 souls. Short as your time is for preparation, remember that it is more than twenty 
 times told, that which you gave to this unhappy man. Between the last assizes anil 
 the present time, I hope you have not been wanting in providing the defence you have 
 this day made, as well as in a much more important affair, in making your peace 
 with that God with whom alone is mercy. The clergyman of this gaol is, 1 under- 
 stand, a most respectable man. I recommend you to converse earnestly with him, 
 and to seek the only means of regaining, through the merits'of your Saviour, 
 She pardon of God whom you have offended. 1 implore you to seek for it 
 earnestly, and I pray most sincerely that the gates of mercy may be still open 
 to you. [The Judge was here much affected; the prisoner Hunt sobbed loudly, 
 and placed his handkerchief before his face. ^ITiurtell's countenance indi- 
 cated no emotion; he was serious and profoundly attentive.] To that mercy I 
 commit you. The sentence of the law upon you John Thurtell is, that you be 
 taken hence to the place from whence you came, and that on Friday next, the <Jth of 
 January, you be taken to a place of execution, there to be hanged by the neck until 
 
 the place whence you came, and thence to a place of execution, there to be 
 hanged by the neck until you are dead ; and may the Lord, of his great mercy, have 
 jrityon your souls." 
 
 Thurtell continued to display the same firmness to the end of this sentence 
 Bunt was extremly dejected. When it was finished, Thurtell talked f 
 moments to some persons in the court, and then both prisoners quitted the dock 
 with the gaoler and his officers. 
 
 The court was excessively crowded ; no persons had been allowed to enter 
 an hour and a half preceding. The judge retired to his lodgings at five o clock, 
 and the court was cleared.
 
 105 
 
 A few minutes before five o'clock, the prisoners were re-conveyed to gaol, in a 
 post-chaise, strongly guarded by the local police. A great number of persons 
 had previously placed themselves about the prison gates, and the approach of 
 the post-chaise was notified to them, by the post haste speed with which several 
 hundred persons advanced in front of the carriage. We were surprised to see 
 many elegantly-dressed ladies parading the road, near the prison, in the hope, 
 apparently, of having a glimpse of the culprits. 
 
 When the prisoners alighted from the carriage, and were removed into the ante- 
 room of the gaol, Mr. Wilson, the gaoler, was under the necessity of ordering 
 their irons to be replaced, and this was done in the presence of Bishop, the Bow- 
 street officer, three of the attendants of the prison, and a gentleman who was 
 accidentally present. The Rev. Mr. Lloyd was in an adjoining room, but did 
 not present himself to the prisoners. When the irons were fixed, Mr. Wilson, 
 according to the usual practice after condemnation, searched the prisoners, but 
 nothing worth particular notice was found upon their persons. On opening 
 Thurtell's snuff-box, which was taken for the moment out of his waistcoat pocket, 
 it was found to be empty ; he turned round to Bishop, and said, " Bishop, have 
 you any snuff, you see my box is empty ? " Bishop replied that he had none, 
 he never carried a box, and was particularly sorry for it at that moment. A gen- 
 tleman present immediately took out his box, and after asking permission from. 
 Thurtell to take that liberty, emptied its contents into his box. Thurtell took a 
 pinch, handed it to the gentleman, and to Mr. Wilson, and put the box into his 
 pocket with great composure. He was then removed into a cell, where two 
 persons specially appointed are to sit up with him henceforth. It was remark- 
 able, that although he manifested some apparent reconciliation with Hunt on the 
 preceding night, he never yesterday evening spoke to him, until requested to do 
 so by Mr. Wilson. 
 
 FINIS
 
 Btwley, Mvl(. Court, Fleet Street,
 
 
 
 1. The Under Turnkey. 
 
 2. The Executioner. 
 
 3. John Tlmrtcll. 
 
 4. Mr. Wilson, the Gaoler. 
 
 5. Mr. Nicholson, the Under Sheriff, 
 ti. Dr. Burnett, the Phrenologist. 
 
 7. One ol'the Reporters to the Morn- 
 
 ing Chronicle. 
 
 8. A Javelin Man beating down an 
 
 indecorous Reporter. 
 
 9. A person well known in the Sport- 
 
 ing circles.
 
 RECOLLECTIONS 
 
 JOHN THURTELL, 
 
 WHO WAS 
 
 EXECUTED AT HERTFORD 
 
 On FRIDAY, the 9th of JANUARY, 1824; 
 
 FOR MURDERING 
 
 MR. W. WEARE: 
 
 INCLUDING VARIOUS ANECDOTES, AND AN ACCOUNT OF HIS 
 DEMEANOUR AFTER SENTENCE WAS PASSED. 
 
 ALSO, 
 
 THE CONDEMNED SERMON, 
 
 'AND 
 A CORRECT VIEW OF THE EXECUTION, 
 
 Taken on the Spot by an Eminent Artist, 
 
 BY PIERCE EGAN, 
 
 AUTHOR OF LIFE IN LONDON, &c. &c. 
 
 an appen&ir to J)i0 account of t&e Crial, 
 
 Which may now be had, Price 2*. 
 
 LONDON: . 
 KNIGHT & LACEY, 
 
 PUBLISHERS, 
 24, FATEBNOSTER-BOW. 
 
 1824.
 
 J3e*fky, BtU C'or,' t Fl&t Street.
 
 APPENDIX. 
 
 Containing an Account of the Conduct of the Prisoners bejore and 
 after their Trial and Condemnation. Execution of THURTELL. 
 HUNT'S Confession; and PROBERT'S Statement before the Coroner. 
 First and Second Interview of the EDITOR with THURTELL. An 
 Outline of the Condemned Sermon. RECOLLECTIONS OF THE 
 LIFE OF JOHN THURTELL. Sketches of HUNT and PROBERT. 
 Character of Mr. WEARE. HUNT'S Letter to his mother. In- 
 cluding a Variety of Interesting and authentic Anecdotes respecting 
 THUKTELL ; combining, altogether, a COMPLETE and VALUABLE 
 DOCUMENT of this horrid Transaction. 
 
 Thurtell, from the first moment of his arrival at Hertford Gaol, adopted 
 a uniform deportment and course of action altogether inconsistent with 
 those of a man conscious of guilt. To his most intimate friends he ex- 
 pressed his detestation of the crime attributed to him, as well as his con- 
 fidence in proving his innocence to perfect demonstration on his trial ; 
 and notwithstanding the damning and conclusive facts which had 
 appeared in evidence on the inquest against him, his manner and decla- 
 rations were such, to all who conversed with him, that they could not re- 
 sist the impression of its being possible that his was not the hand that 
 committed the murder; and finding the impression which a cool and 
 manly firmness produced, he never for a moment allowed his fortitude to 
 forsake him, but most sedulously applied his time in preparation for a 
 great effort to defend himself on the trial. He first procured such books as 
 were likely to aid him in composing his address, particularly the public 
 speeches of Mr. Charles Phillips, the barrister, and having arranged and 
 reduced his defence to a written form, he lost no time in learning it by 
 heart, and then practised its recitation. His rehearsals were performed, 
 in the night, and before he commenced, he placed Randall, a fellow pri- 
 soner, who was a sort of companion or guard with him for the night, to 
 act as judge ; he next selected a part of the room which was supposed to 
 be the jury, and then went through the whole of his speech, to the no 
 small astonishment and surprise of Randall, who being throughout the 
 day in the same yard as Hunt, frequently told him, that Mr. Thurtell 
 would make such a fine speech as was never before heard, and which 
 would be sure to get him off, adding, " Mr. Thurtell is only sorry I can't 
 read, because then I could hold the paper, and see whether he spoke it 
 correct to a word." 
 
 In the early part of the business, and while Hunt was expected to be 
 a witness, Thurtell expressed his disgust at his pusillanimous conduct ; 
 but when Thurtell found that he was rejected, and that Probert had con- 
 sented to give evidence, his indignation was greatly aroused against the 
 latter, and he appeared to commiserate Hunt, saying, he readily forgave 
 him, because he owed him no obligations ; but he could not forgive the 
 pascal Probert, whose family, as well as himself, he had supported, 
 
 t~~
 
 At Christmas, Mr. Wilson had some friends spending the evening witk 
 him, and Hunt, to entertain them, voluntarily sung a plaintive song. 
 Thurtell, who was in a room beneath Hunt, joined in the applause be- 
 stowed upon the singer, and, in a friendly tone, called out, " Joseph;" 
 and on Hunt asking what he wanted, Thurtell replied, " I will thank you, 
 Joe, to give me my old favourite you know what I mean." Hunt im- 
 mediately complied : the song was " The Look Out, or Old Conwell the 
 Pilot," and at its conclusion Thurtell expressed his thanks, and clapped 
 his hands for some lime in token of approval. 
 
 During the first day of the trial, Hunt, whenever he could get an op- 
 portunity of speaking to Mr. Harmcr, his 'solicitor, anxiously inquired 
 how the case was going on, and in the early part of the day, the notes 
 which he sent to his counsel, suggesting questions, or observing on the 
 evidence, were confused, and ill written, but as the case proceeded his 
 suggestions were much more intelligible, and better written. 
 
 At the conclusion of the first day's proceedings, Thurtell and Hunt 
 were brought back in the same carriage to the prison, when Hunt thus 
 addressed Thurtell. " Why, I was told, you were to make a fine long 
 speech, but you have scarcely said a word, and what little you did say 
 .was spoken in such a manner that no one could scarcely hear or under- 
 stand you, and I do not think you will be able to make any speech 
 worth hearing." Whereupon Thurtell said " Wait till to-morrow, 
 my boy, and hear me, before you give your opinion, and only see if I 
 do'nt astonish you." 
 
 While the judge was summing up, the contrast between the prisoners 
 was very striking. Hunt appeared ready to sink whenever any strong 
 observation was made against him, and his demeanour betrayed the 
 greatest timidity and depression. Thurtell, however, preserved a manly 
 lirmuess, which was evidently not forced or cons-trained. He was in full 
 possession of his faculties, and his mind keenly on the alert to seize and 
 avail himself of any opportunity to benefit his case, and if possible in- 
 duce a belief of his innocence. He did not hesitate frequently of his 01*11 
 accord, to interrupt the learned judge, and endeavour to obviate or ex- 
 plain some of the strong points in the evidence against him, and on 
 which he found particular stress was laid. Hunt, on the contrary, could 
 not be induced to say a word, although urged by his solicitor to state to 
 the judge the communication he was making to him, namely, that Mr. 
 Probntt, the innkeeper, was certainly mistaken in his evidence; for in 
 the first place he had been long acquainted with Mr. Ileecc he had not 
 only used his house frequently, but visited him when a prisoner in the 
 Fleet, consequently he could not have wanted to know who he was ; and 
 that, so far from meditating any harm against him, he had a respect and 
 reg.ard for him for many kindnesses he had received at his hands. 
 
 Notwithstanding the firmness displayed by Thurtell, and the com- 
 posure with which he was evidently prepared to meet his fate, he had 
 nevertheless a great anxiety to gain a short extension of time ; for, almost 
 immediately after the jury withdrew to deliberate on their verdict, he 
 asked Mr. Plait, one of his counsel, whether he thought the judge would 
 postpone the execation until after Sunday, and being answered in the 
 negative, he presently after made a similar inquiry of Mr. Harmer, who 
 was then close to the bar conversing with Hunt, who gave him the same 
 opinion as his counsel. Thurtell then asked, with some apparent sur- 
 prise " What ! has" not the judge the power to respite for a few days .'" 
 ilr. Harmer said, the judge certainly possessed the power, but he had 
 never known it exercised in cases of murder, unless some doubt was 
 entertained as to the correctness of the conviction; still, however, there 
 would be no impropriety in his respectfully soliciting the judge to grant 
 him that indulgence. Thurtell then remarked, " It is not on my own ac- 
 eount I wish for the time to be delayed, for if I am to suffer, the sooner it is
 
 over the better, and I am prepared even at this moment, but I have some 
 aflairs of others, living at a distance, which I wish to settle and arrange, 
 and cannot do it without seeing them. I am anxious for a few days, to 
 give them an opportunity of coming to me." 
 
 Thurtell after this joined in a general conversation with several persons 
 who were immediately around him. It was remarked by one, that his 
 address to the court and jury was very powerful and energetic, not only 
 as to its composition, hut its delivery;, and Thurtell frankly avowed that 
 he had compiled it from various sources, and said, " what did you think 
 of the conclusion ; was it not very fine ?" and being answered in the affir- 
 mative, he said, " that I took principally from Phillips's speeches ; it is 
 in the defence he wrote for Tumor, the bank clerk!" Thurtell heard 
 some one remark that the worst man of the three had escaped punish- 
 ment altogether, and he directly said, with great emphasis, " 1 would 
 rather sufler death, twenty times over, than be Probert and live \" and he 
 particularly ridiculed the idea of Probert's evidence being true, as to his 
 having stated that Weare had nearly got the better of him ; for, said he, 
 " Weare was a very little man ; and to think it possible that such a per- 
 son could get the better of me, is all nonsense." A friend of Tburtell's 
 observed " At all evefits you cannot be accused of betraying your 
 companions." " No," replied the prisoner, with marked expression, 
 " before any one could have got the secret from me,- he must have torn 
 my heart from my breast." His friend, thinking perhaps this observa- 
 tion rather too strongly implied an admission of his guilt, and apparently 
 wishing him to alter its import in that respect, said, " You mean if you 
 had been concerned." Thurtell answered " Yes, of course." He fn- 
 veighed with much bitterness against one of the witnesses to whose testi- 
 mony alone, he said, he should attribute his conviction, if the jury found 
 him guilty ; and he with great ingenuity, pointed out the improbability 
 of his evidence being true, from the relative situations which the witness 
 described himself and him (Thurtell) to be in when he undertook to 
 speak to the fact deposed to. 
 
 A gentleman complimented him on the firmness and talent he had dis- 
 played, and said, whatever was the result, no one could dispute his title 
 to those qualities. Thurtell replied, " I think I have taken a little of 
 the sting out of the poisoned shafts levelled against me, and I know that 
 the lads of the village will be pleased with my conduct." 
 
 When the jury came into court, Hunt was much agitated : Thurtell 
 drew himself up into an erect posture, placed his hands loosely in each 
 other, and seemed to look very intently at each juryman as he entered, 
 and he heard the verdict without betraying the slightest emotion ; the 
 foreman, however, was so overcome, that he could scarcely articulate 
 the word " guilty," and was some seconds before he recovered himself 
 sufficiently to deliver a similar verdict as to Hunt. 
 
 When the judge concluded the sentence, Thurtell leant over the bar, 
 and very heartily shook the hand of a gentleman who had spoken to his 
 character, and said, " God bless you, remember me to all friends ;" and 
 then turning to Mr. Wilson, presented his wrists to the handcuffs, which 
 were ready to secure them, and immediately left the court. 
 
 On Wednesday night, after Thurtell returned to the gaol, he was 
 treated by Mr. Wilson with the same kindness and indulgence by which 
 his treatment has been characterized from the first. And after takin- 
 what refreshment he required, he was visited by the Rev. Mr. Franklin, 
 the chaplain of the prison. The Rev. gentleman found him sitting in the 
 cell bathed in tears, and evidently oppressed by great mental anguish. The 
 moment Mr. Franklin enteied, he became coruposed. Mr. Franklin 
 asked him whether he felt contrition for the past ; he answered him in the 
 affirmative; he then asked him whether he was ready to make his peace 
 with God? to which h$ replied that he was, fl felt, lie said, that this 
 
 ii 2
 
 4 
 
 world had already closed upon him, and that he had but a few hours to 
 live ; that he was perfectly ready to meet death in any shape, but that he 
 could not contemplate so awful ;m exit without recollecting those near 
 and dear connexions to whom his death must be a source of aflljction and 
 shame. From the state in which the wretched man's mind then was, it 
 was evident that, had he been pressed, he would have made an ample 
 disclosure of all he knew connected with the horrible occurrence for which 
 he was to suffer. The Rev. gentleman felt that under such circumstances, 
 however, it would be unfair to press him, and therefore abstained from 
 putting any questions. He pressed upon him the necessity of devoting 
 the few hours he had to live in preparing himself for death, and left him 
 in a state of deep dejection ; not, apparently, arising from any appre- 
 hensions of personal suffering, but from a conviction of the disgraceful 
 situation in which he was placed. The Rev. Mr. Franklin promised to 
 see him again at an early hour the next morning, and on quitting (he cell 
 was himself sensibly affected. He afterwards visited Hunt, who was 
 crying bitterly ; but as the fate of this prisoner may be considered in 
 some degree uncertain, his stay was not long. 
 
 After the chaplain's interview with Thurtell, handcuffs were produced 
 and placed upon his wrists. This seemed to affect him a good deal, but 
 he made no remonstrance. Three men were then introduced, who, he 
 was told, were to set up with him all night. Thurtell made no reply, but 
 threw himself on the bed in his clothes. One of the men covered him 
 with the rug, and he soon after dropped into a sound sleep. He waked 
 once or twice during the night, and at one time exclaimed to one of the 
 men, " William, are you there ?" On receiving an answer in the affir- 
 mative, he said, " that's right;" and turning round, again slept most pro- 
 foundly. At seven o'clock he desired them to assist him to rise ; and on 
 being got out of bed, he sat on a stool near the fire, which had been kept 
 in aH night. There were a bible, a prayer-book, and a volume of 
 religious tracts on the table, the latter of which he took up, and read for 
 a short time with perfect calmness ; be then laid it down open, and 
 mused a few seconds. At half-past seven Mr. Wilson entered his room, 
 and finding him up, asked him how he felt ? Thurtell replied, rather 
 cheerfully, " Very well, Mr. Wilson; never better in health." He 
 evidently derived pleasure from the presence of Mr. Wilson. After 
 breakfast, Mr. Wilson informed him they were going to chapel, and that 
 he was to be present. Thurtell said, " Very well ; I am ready." On 
 again alluding to the time of execution, Mr. Wilson informed him it 
 would not be so soon as he anticipated ; on which he expressed his 
 regret, and said, " The sooner the better, for I have taken my leave of 
 this world; as my doom is fixed, the sooner I suffer the better." Mr. 
 Wilson, and every member of his family, betrayed a strong feeling of 
 regret for the' man; for although a murderer, there was a manliness and 
 a correctness in his general conduct which won their respect. 
 
 As a proof of the kindly spirit which had taken possession of Thurtell's 
 amul, he desired to have a last interview with Hunt. He was told they 
 would meet a short time before they went to chapel ; and upon their 
 meeting, Thurtell went up and shook him by the hand in the most cordial 
 manner. He said he sincerely forgave all that was passed, and that he 
 desired to die in peace with him and with all mankind. Hunt was con- 
 siderably affected, ?.nd wrung his hands with great warmth. 
 
 At half-past eight o'clock, Mr. Wilson ordered all the prisoner* in the 
 gaol to be conducted to the chapel, in order that they might be present 
 durinw the service that was about to be performed. The prisoners pro- 
 ceeded at a slow pace to the chapel. Thurtell walked M'ith a firm step, 
 and looked perfectly composed. Hunt looked the picture of despair, his 
 mind seemed to be completely prostrate. On entering the chapel, they 
 rjp conducted to a |at appointed for their reception, and which was in
 
 ull view of all the other prisoners. No other persons were allowed lo be 
 present, strict orders having been given by the High Sheriff that 60 one 
 whatever would be admitted to the gaol, without his permission. Upon 
 this principle, one individual, who came to the gaol accompanied by a Ma- 
 gistrate, and who represented himself to be a friend of ThulelFs 
 family, was distinctly told he could cot be introduced. We oujr.it 
 to add, that Mr. Clutterbuck, the Magistrate, had an interview with 
 Thurtell in the course of the day, by consent of the High Sheriff'. 
 The Rev. Mr. Franklin, the chaplain, performed the service in the 
 most impressive manner, and introduced several prayers appropri- 
 ate to the occasion, in which Thurlcil and Hunt joined with great 
 devotion ; in fact, Thurtell seemed in all respects anxious to perform his 
 religious duties. After "praters, the chaplain delivered an excellent and 
 eloquent discourse, taking his text from the 2d chapter, 10th verse of 
 the Corinthians. 
 
 " We must all appear before the judgment-seat of Christ, that every 
 one may receive the things done in his body, according to that be hat'y 
 done, whether it be good or bad." 
 
 The Rev. Chaplain said, that in the beginning of the chapter, St. Paul 
 expressed an earnest desire to quit Ibis earthly tabernacle for a house not 
 made with hands, and to be present with the Lord ; but that however the 
 Almighty should dispose of him, he should make it a constant labour and 
 study so to conduct himself, that both in this world, and at his presenta- 
 tion in the next, he might hope to be approved and accepted by his God, 
 and that to this end his actions were daily governed and directed. He 
 then enforced upon the prisoners the simple and expressive rule of 
 St. Paul, and emphatically pointed out the force and value of attention 
 to it. He implored the prisoners to consider the certainty of a future judg- 
 ment. Not to dwell on the persuasion and belief of all heathens and 
 pagans in every age and country, in this respect, on the dictates of every 
 man's natural conscience, his self-approbation of secret virtue, his self- 
 condemnation of secret vice, the hopes and fears that agitate every man's 
 breast on account of his most private actions, and the inmost thoughts of 
 his heart, were all, he said, so many proofs of his belief in a future 
 judgment. 
 
 In the second place, he said, that neither was it necessary to take an 
 extensive view of the unequal distribution of happiness and misery in 
 this life : how virtuous and holy men were often afflicted in this world, 
 and that too, even for righteousness sake : and that profligate, daring, 
 and impious men, often flourish and prosper ; they came not into trouble, 
 neither were they plagued like other men ; hence the justice of God 
 seemed to require, that at the final consummation of all things this seem- 
 ing injustice should be rectified, and that God would one day fully vin- 
 dicate the righteousness of his government; acquit the honour of his 
 justice ; and that there would be held a general assize of all men that 
 ever breathed on the face of the whole earth, when they would all have a 
 fair and open trial, and God would render to each according to his 
 works. The Chaplain then enforced the truth of the divine judgment, 
 and after making a powerful impression upon his auditory by the elo- 
 quence of his argument, he exclaimed, " Hear the words of your Re- 
 deemer : ' The day is coming, in which all who are in their graves shall 
 hear the voice of their Judge, and shall come forth ; they that have done 
 good, unto the resurrection of life ; and they that have done evil, 
 unto the resurrection of damnation.' " He remarked upon the astonish- 
 ing indifference of some persons to the divine declaration, and the im- 
 possibility of their conducting themselves in the manner some did, were 
 they impressed with its truth. He was particularly solemn and impres- 
 sive iu dwelling upon the profligacy and profaneness of some, who were
 
 not deterred by a sense of religion from Hie commission of sin; just as if 
 eternal justice were asleep ; just as if all their wicked actions would be 
 buried with their dead bodies, and should never rise again in judg- 
 ment against their immortal souls. He contrasted with such im- 
 pious indifference the calmness, the consolation, and hope of a true 
 Christian, who built his hope on the fundamental belief of happiness 
 hereafter, and illustrated the value of such a hope by the practice 
 of St. Paul, and the serenity and piety of his life. The Chaplain 
 then said, that it would be easy to draw n terrific picture of the great 
 and terrible day of judgment ; but he preferred the arguments which 
 cool reason suggested, to those which terror and amazement inspired. 
 He invoked the attention of the prisoners to the plain and powerful ex- 
 pression of the Holy Scriptures. Suppose then, said he, that "you saw 
 the heavens opened, and the Son of Man coming in great power and 
 glory, and all his holy angels with him. Suppose that you heard the 
 mighty cherubim, in burning rows, sounding the loud trumpet of arch- 
 angels, and a mighty voice piercing tke heavens and the earth ' Arise, 
 ye dead, and come to judgment !' Suppose you saw the throne set, and 
 the great Judge silting upon the throne of his glory; and all nations 
 gathered before him ; and all the dead, both small and great, standing 
 before God ; the books opened, and the dead judged out of the things 
 written in those books ; suppose you heard tlic respective sentences 
 upon all mankind pronounced by the mouth of Christ himself: ' Come, 
 ye, blessed of my Father, 'receive the kingdom prepared for you, from 
 the foundation of the world !' and, ' Depart from me, ye cursed, into 
 everlasting fire, prepared for the devil and his angels.' " "Would not 
 this," continued the reverend gentleman, " be an appalling scene? and 
 did not the gospel positively declare that it should come to pass?" He 
 asked then, why was not that dreadful fact operative upon human con- 
 duct ? Why, then, such insensibility to human interests why stifle the 
 voice of conscience why labour to drown its cries, by the din and riot 
 of worldly cares and pleasures ? 
 
 After dwelling forcibly on this topic, the reverend gentleman ex- 
 claimed, " Let tliis present season of Advent constrain us all to look 
 carefully and steadily to our last great account ; and seeing now, with 
 our own eyes, the awful spectacle before us, where human justice is about 
 to vindicate the violation of her laws, let us lift up our hearts to higher 
 views, and raise our thoughts from earthly to heavenly subjects. Let us 
 argue thus : " If the day of God's judgment be so dreadful at a distance, 
 that I can hardly now bear the very thought of it, from the recollection of 
 my sins, how insupportable will the thought Itself be, when it eternally 
 does come !" He, in conclusion, contrasted the times of ignorance of the 
 heathen and the Christian world, and, as St. Paul said, " the ignorance 
 of the former God winked at, but now all men were commanded to 
 repent, because he bath appointed a day in which he will judge the 
 world." " Oh then, at once," said the chaplain, with great fervour and 
 earnestness, " repent ! let the wicked forsake his ways, and the unrighte- 
 ous man his thoughts ; and let him turn unto the Lord, who will have 
 mercy upon him, and unto ourGod, who will abundantly pardon, through 
 the merits and mediation of Jesus Christ, our Lord and Saviour." 
 
 Repeatedly, during the delivery of the sermon, the chaplain was 
 affected to tears. Thurtell at times evinced uncommon emotion ; his 
 manner was extremely penitent, but his fortitude was still maintained, 
 and he awaited with composure his impending fate. He hoped, he said, 
 to meet it with the firmness of a man, and the resignation of a Christian. 
 In the course of the service, the chaplain read the Litany, though out 
 of order, very properly judging there were parts in it more applicable to 
 the case of the prisoners than occurred in the rest of the service.
 
 When the following prayer was read, Hunt seemed dreadfully affected, 
 and his head dropped upon the front of the pew : 
 
 " That it may please Thee to defend and provide for the fatherless 
 children and widows, and all that are desolale and oppressed." 
 
 John Thurtell maintained his usual firmness, and while he expressed 
 an anxious desire for the arrival of that period which was to terminate 
 the anguish of his mind in this world, he applied himself with becoming; 
 devotion to meet the awful hour of his exit. The Chaplain returned to 
 his room, after a short ahsence, at nine o'clock, carrying with him a few 
 oranges, and, after some religious discourse, found his rniad calm raid 
 collected. When about to depart, at ten_ o'clock, Thurtell intimated a 
 strong desire that his late wretched associate (Hunt) should be allowed 
 to pass the night in his apartment. To this the Reverend Chaplain saw 
 no objection ; but, on the contrary, feit that the lesson which would be 
 thus aflbrdcd would tend to make a lasting impression on the feelings of 
 Hunt, who, although professing a fall sense of his past conduct, and 1 
 manifesting an apparent sincerity of devotion, still did not exhibit 
 that pure spirit of repentance which characterized every word and action 
 of the unhappy Thurtell. He also hailed the circumstance as an addi- 
 tional proof of T.'s having discarded from his mind every feeling of hos- 
 tility to this partner of his guilt. The worthy gentleman proceeded to 
 Mr. Wilson, and begged that the wish of Thurtell might be complied 
 with, after which he quitted the prison Mr. Wilson's son then supplied 
 his place in Thurtell's room, and with the most charitable and humane 
 feelings, remained with the unfortunate culprit for an hour, during a part 
 of which time he read to him several portions of Scripture, as well as 
 extracts from some excellent sermons furnished by the Rev. Chaplain. 
 Thurtell also read extracts from the sermons and other religious books, 
 and seemed to derive considerable consolation from the holy doctrines 
 contained in them. Upon Mr. Wilson's retiring for the night, Hunt was 
 introduced : he was received by Thurtell with a strong manifestation of 
 cordiality. Thurtell took him by the hand, and said, " Joe, the past is 
 forgotten. I stand on the brink of eternity, and we meet now only as 
 friends. It may be your fnte to lose your'lifc as ignominiously as myself; 
 but I sincerely hope the Royal mercy will be extended to you, and that 
 you will live to repent of your past errors, and make some atonement for 
 the injuries which you may have done to me or others. Although you have 
 been my enemy, I freely forgive you." Hunt, who hadentei ed the room with 
 feelings bordering on apprehension that some unfortunate turn had taken 
 place in his affairs, and that he was himself to suffer, was suddenly 
 relieved by this address, and squeezing Thurtell's hand most vehemently, 
 he burst into tears; he then sat down by the fire, and Thurtell and he 
 continued to pray, and to read the admirable works which were before 
 them, until one o'clock. Thurtell had previously partaken of tea and a 
 small portion of bread and butter, and occasionally during the ni"ht 
 sucked an orange. Soon after one, he showed symptoms of fatigue, and 
 laying himself on the bed, uttered a fervent prayer to the Almighty for 
 strength to meet his approaching execution with the firmness of a man, 
 and the resignation of a Christian. In a few moments afterwards he 
 dropped into a profound sleep. Plunt continued to sit by the fire reading, 
 but soon followed the example of Thurtell, and fell asleep on his seat. 
 The three attendants as usual, remained in the room, and one of them, 
 by Thurtell's desire, threw the coverlid over his (Thurtell's) head. 
 
 While matters were thus situated within the prison, the workmen con- 
 tinued their labours without, in erecting the scaffold and its inclosurc. 
 This machine was constructed under the direction of Mr. Nicholson, the 
 Under-Sheriff, and had been commenced before the day appointed for 
 the trial. Some objection was made by tke magistrates to the use 
 f it, upon the ground that it might be <xm$idcredimlelieate to commence
 
 I 
 
 sach a work., & s it were, in anticipation of the conviction of the prisoners. 
 The fact, however, of there being no other fit machine of the sort in 
 existence in the county having been communicated to the high sheriff, 
 that gentleman, on his own responsibility, determined to adopt it, and it 
 was by his direction finished, and used on the present occasion. The 
 tf.rop was ingeniously suited to the purpose for which it was intended, 
 and was calculated to terminate the existence of the unhappy culprit in 
 the shortest possible period. There was a temporary platform with a 
 falling leaf, supported by belts, and upon this the prisoner was to bo 
 placed. The bolts were fixed in such a manner as to be removed in an 
 instant, and as instantaneously the victim of his own crimes would be 
 lanchcd into eternity. Above this platform was a cross-beam, to which 
 the fatal cord was to be affixed. The whole was solidly and compactly 
 made, and capable of being taken asunder and removed in a very short 
 time. The iuclosure consisted of boards seven feet in height, and dove- 
 tailed into each other, so as to close every crevice. The extent of the 
 space thus embraced was about thirty feet in length, and fifteen feet in 
 width. The platform was approached by a short (light of steps, which led 
 directly from the door of the prisen. The boards and all the other ma- 
 chinery being painted black, presented a very gloomy appearance. At 
 eight o'clock the whole was completed, and the workmen retired. Soon 
 after this it was suggested to Mr. Nicholson that a place should be railed 
 off for the accommodation of the gentlemen of the press, and by his di- 
 rections, in a very short time, the inclosure was completely surrounded 
 by strong posts and rails, fixed at a distance of about three yards, within 
 which the gentlemen in question, the officers of the sheriff, Ruthven, 
 Bishop, and Upson were stationed, and were thus completely protected 
 froin the pressure of the multitude. 
 
 During the whole of Thursday afternoon, persons of all ranks were seen 
 driving into the town of Hertford in all directions, evidently brought by 
 the desire of being present at the execution; and influenced no doubt 
 by an expectation that some extraordinary declaration would be made 
 by Thurtell, in his dying moments. All the inns in the town were com- 
 pletely filled, and the place of the crowds who had departed after the 
 trial, were filled by a new order of visitors. It would seem from the ap- 
 pearance of some of these persons, and the jaded state of their cattle, that 
 they had come long distances ; and indeed we know that many hundreds 
 of them had actually come from Worcester, the scene of the late extra- 
 ordinary contest between Spring and Langan. Among these we noticed 
 several persons distinguished as leaders in the sporting circles, whose 
 intimate acquaititance with Thurtell rendered the approaching tragedy 
 still more attractive. Independently of these individuals, many persons 
 were pointed out as having actually come from Edinburgh, Glasgow, 
 Ireland, and other distant parts of the United Kingdom, under similar 
 feelings of curiosity. Many of these persons were incapable of procuring 
 beds, while others would not submit to the extraordinary prices demanded 
 for such convenience. In this state of things, scarcely a public house 
 was closed for the night, and parties remained engaged in drinking and 
 gambling till the light of day burst upon them. As the morning ap- 
 proached, fresh arrivals added to the bustle which prevaifed ; the roads 
 from London, Cambridge, St. Albans, and elsewhere, were covered with 
 vehicles of every description, filled with that sort of company which 
 is usually observed on the move towards fights and such exhibitions. 
 In fact, all the rabble who are wont to frequent scenes of this descrip- 
 tion, seemed to have congregated in Hertford upon this occasion. In 
 many instances, where persons could not afford to pay for a conveyance 
 to the spot, they walked from considerable distances, and submitted to 
 no ordinary fatigue and inconvenience, in order to b present at the 
 execution.
 
 At day-break, & crowd began to assemble in front of the gaol, taking 
 their stations upon every elevated spot which presented itself to their 
 notice. The road between the prison wall and the opposite hedge may 
 be about twenty yards in width. This was soon completely choked up 
 with spectators ; the hedges, and the fields beyond, were also thickly 
 thronged by the anxious multitude. Immediately in front of the scaffold, 
 in a field within the hedge, stood a large barn, the property of Mr. Wilson, 
 the governor ; this was an antiquated edifice, thatched with straw, which, 
 from its appearance, must have been of long standing. So desirable an 
 elevation could not long escape the notice of the curious, and in a short 
 time the roof was literally covered with men and boys, whose apparently 
 comfortable situation excited no small envy in those who had not been 
 so fortunate as to arrive in time to attain so excellent a seat. Some few, 
 however, from their knowledge of the frail materials of which the build- 
 ing wasjconstructed, did not hesitate to apprize those who were upon it, of 
 the danger they incurred by remaining in such a situation. These sug- 
 gestions were received with jocularity and treated with contempt. In a 
 short time, however, they proved to be but too well founded ; for, at 
 about half-past ten o'clock, the whole thatch and the rafters by which it 
 was supported gave way with a tremendous crash, and the crowd which 
 were upon it were precipitated into the body of the building, covered 
 with dust and dirt. A feeling of horror instantly pervaded the crowd, aa 
 apprehensions were entertained that some serious injury must have been 
 experienced. Prompt assistance was immediately afforded to the suf- 
 ferers, and after some time the whole of them were extricated from their 
 perilous situation, many of them exhibiting in their appearance rather a 
 ludicrous aspect, some few having reason to regret their temerity, in re- 
 maining on the roof after the warning they had received. Among these 
 were two lads, named Fraley and Mullins, one of whom had his thigh 
 broken, and the other his knee dislocated ; they were immediately re- 
 moved for surgical assistance into the town of Hertford. The conse- 
 quences would, in all likelihood, have been more serious, had it not hap- 
 pened that the barn at the time was nearly filled with straw. Many of 
 the crowd still maintained their stations on the walls, one of which sub- 
 sequently gave way, but luckily without producing further mischief. 
 
 At eleven o'clock, the mass of spectators had greatly increased. The 
 road at each end was completely blocked up, so as to prevent the possi- 
 bility of any person passing, and the coaches going to and coming from 
 London, were obliged to take a circuitous route. Seon after that hour, 
 Robert Sutton, esq. the' High Sheriff', accompanied by Mr. Nicholson, 
 the Under Sheriff, arrived at the house of the Rev. Mr. Franklin, which 
 is situated within the walls of the. Blue-coat Establishment. Mr. Nichol- 
 son was then requested to proceed to the gaol, and to inform Thurtell 
 that the High Sheriff was in attendance in the neighbourhood, and was 
 ready to wait upon him if he was desirous of an interyiew, but that 
 otherwise he had no wish to interrupt his devotions. 
 
 At half-past six Mr. Wilson, jun. entered the prisoner's room, and 
 found him on the bed, fast asleep, and snoring loudly. The prisoner 
 Hunt was also in a deep slumber, sitting by the fire-side. Mr. Wilson, 
 wnwilling to disturb their repose, retired, and at seven o'clock returned 
 again with his father. The wretched men were still asleep, unconscious 
 ef the scene which was so shortly to be acted, and in which one of them 
 was to take so prominent a part. Mr. Wilson 'approached the bed of 
 Thurtell, and found his face covered over with the rug, and so profound 
 was his sleep at this moment, that he could not hear him breathe.. He 
 immediately uncovered the prisoner's face, and called him by name. 
 Thurtell started up, and for a moment seemed lost to his situation, not 
 even knowing where he was. Mr. Wilson addressed him, and his recc 
 Jection immediately returned. Mr. Wilson asked him how he felt him-
 
 to 
 
 self; and he said, Very well ; I have had an excellent night I have slept 
 since one o'clock ; I have dreamt several odd things, but I have never 
 dreamt any thing about this business since I have been in Hertford. Mr. 
 Wilson then asked him if he felt refreshed, and if he felt inward comfort .' 
 He replied, " Yes, I leel very well, and very comfortable." During this 
 conversation Hunt awoke, and casting a look of despair toward the led, 
 seemed to shudder within himself, and then became extremely dejected. 
 Thurtell arose, and asked for some water to wash, which was forthwith 
 brought to him by one of the attendants. Having bathed his face, his 
 breakfast was brought in : it consisted of some tea and bread and butter, 
 but he partook only of the former, and that but slightly. . 
 
 At eight o'clock the chaplain arrived he shook hands with Thuitell, 
 and addressed him in the most humane and soothing language, expressing 
 at the same time his gratification at finding the unhappy man in a frame 
 of mind so firm and composed. Mr. Wilson retired, taking with him the 
 three attendants. The Reverend Chaplain, on being left alone with 
 Thurtell and Hunt, called upon them to join him in prayer, which they 
 did with their accustomed devotion. Having concluded ths prayer, 
 Thurtell desired to be permitted to /cad aloud one of the sermons in his 
 possession, to which the Reverend gentleman at Once acceded. He read 
 in a clear and audible voice for some time, when some conversation took 
 place between him and the chaplain as to bis belief in the truths of 
 Christianity, and as to his hopes of pardon hereafter, through the medi- 
 ation of our Saviour? The answers of Thurtell were such as to give en- 
 tire satisfaction to Mr. Franklin. 
 
 At eleven o'clock Mr. Nicholson entered the prison, and on being con- 
 ducted to Thurtell's room, communicated to him the message of the high 
 sheriff. Thurtell said he had no desire to give that gentleman the trouble 
 of an interview, and was only desirous of renewing his thanks for the be- 
 nevolent and humane attentions which he had received at his hands from 
 the first moment of his being committed ; and he desired at the same 
 time to express to Mr. Nicholson, the sense which he entertained of his 
 kind feelings during the same period. Mr. Nicholson intimated to Mr. 
 Wilson, that the period was fast approaching which had, been fixed for 
 execution, and suggested whether it might not be prudent to conduct the 
 prisoner to the chapel, in order that he might receive those last religious 
 consolations which his awful situation demanded. He tlien left the room, 
 and the chaplain and the prisoners were again left alone to prayer. 
 
 At half-past eleven o'clock, Thurtell and Hunt were conducted by tho 
 chaplain and Mr. Wilson into the chapel, where they were met by Mr. 
 Nicholson. The Rev. Mr. Franklin then prepared to administer the 
 sacrament to the prisoners, of which both Mr. Wilson and Mr. Nicholson 
 intimated a desire to partake. During the communion service Thurtell 
 read the appropriate prayers in & distinct and audible voice, and seemed 
 fully impressed with the importance of this solemn rite. At its conclu- 
 sion, Thurtell turned round to the prisoner Hunt, and grasped his hand 
 repeatedly, and renewed in the most forcible terras the assurance of his 
 perfect forgiveness of the past, and of his being about to die in peace 
 and charity with all the world. The chaplain and Mr. Nicholson now 
 retired from the chapel, leaving Mr. Wilson and the prisoner Thurtell 
 alone. Hunt had previously been rccondticted to his cell, overpowered 
 by his feelings. Mr. Wilson, then turning to Thurtell, said, " Now, 
 Thurtell, as there is now no eye to witness what is passing between us 
 but that of God, you must not be surprised if I ask you a question." 
 Thurtell turned round, and regarded him with a look of surprise. Mr. 
 Wilson continued " if you intend to make any confession, 1 think yoa 
 cannot do it at a better period than the present." Thurtell paused for a 
 few moments. Mr. Wilson then went on to say, " I ask you if you ac- 
 kmowiedge tho justice of your sentence." Tliurtcli immediately seized
 
 & n 
 
 both Mr. Wilson's hands, and pressed them with great fervour within his 
 own, and said " I am quite satisfied, I forgive the world ; I die in peace 
 and charity with all mankind, and that is all I wish to go forth upon this 
 occasion." Mr. Wilson next asked him whether he considered that the 
 laws of his country had been dealt to him justly and fairly ; upon which he 
 said, " I admit that justice has been done me I am perfectly satisfied." 
 
 The chaplain then returned to the prisoner, and offered him some fur- 
 ther words of comfort, asking him, whether there was any thing he (Mr. 
 Franklin) could do to ease his mind with respect to his family and friends. 
 Thurtell replied, that he was anxious Jhe rev/gentleman should write to 
 his father, and inform him of his extreme contrition, resignation, and 
 penitence, which Mr. Franklin promised most faithfully to do. The un- 
 fertunate man then uttered a short prayer, that the minds of his family 
 might be strengthened under the deep affliction they must feel, and of 
 which he had been the unhappy author. 
 
 At twelve o'clock precisely, Mr. Nicholson tapped at the door with his 
 wand, as the signal that the hour of execution bad arrived. Mr. Frank- 
 lin's countenance betrayed the deep sorrow with which he heard this 
 sound. Thurtell observed the change in his countenance, and said 
 in a firm and manly voice, " Sir, lam ready ;" he then seized Mr. Frank- 
 lin's hands, and in terms of gratitude thanked him, not alone for all the 
 personal kindnesses for which he was indebted to him, bat for that con- 
 trite and Christian spirit with which he was about to depart this world. 
 Mr. Franklin returned the salutation and burst into tears. The chapel- 
 door was then thrown open, and the prisoner went forth with a steady 
 and assured step. He looked round with perfect calmness. The dis- 
 tance from the chapel-door to the door leading to the scaflbld was not 
 more than ten yards, and thither he was accompanied by the chaplain, 
 the under sheriff, Mr. Wilson, Mr. Webb, an assistant of Mr. Wilson's, 
 and the upper turnkey. The charch-bell mournfully tolled as he ad- 
 vanced. On their arrival nt the door, Thurtell again squeezed Mr. 
 Franklin's hand, and again exclaimed, " God bless you, Sir ; God bless 
 you." He then shook hands with Mr. Webb, and mounted the steps, 
 preceded by the under sheriff and the executioner, and followed by Mr. 
 Wilson and the head turnkey. 
 
 The scaffold was surrounded by a body of the javelin-men, whose 
 motions were observed by the crowd without, and some persons in an 
 elevated situation, having intimated the approach of the prisoner, there 
 was a sudden exclamation from the surrounding multitude, and almost 
 all present took off their hats. Thurtell, on taking his station under the 
 gallows, looked round with a countenance unchanged by the awfulness 
 of his situation. His manner was firm and undaunted, at the same time 
 that it betrayed no unbecoming levity. After regarding the crowd for a 
 moment, he appeared to recognize an individual beneath him (we believe 
 Mr. Pierce Egan), to whom he bowed in a friendly but dignified manner. 
 He afterwards bowed generally to all about him. Previously to his 
 mounting the scaffold, he had begged of Mr. Nicholson that as little de- 
 lay as possible might take place in his execution after his appearance 
 upon the platform. 
 
 The prisoner was attired in a dark brown great coat, with a black 
 velvet collar, white corderoy breeches, drab gaiters, and shoes. His 
 hands were confined with handcuffs, instead of being tied with cord, as is 
 usually the case on such occasions ; and, at his own request, his arms 
 were not pinioned. He wore a pair of black kid gloves, and the wrists 
 of his shirt were visible below the cuffs of his coat. As on the last day 
 of his trial, he wore a white cravat. The irons, which were very heavy, 
 and consisted of a succession of chain links, were still on his legs, and 
 were held up in the middle by a Belcher handkerchief, tied round bis 
 waist.
 
 The moment he placed himself under th6 beam, the executioner, id 
 compliance with the wish which the prisoner had previously expressed, 
 proceeded to the performance of his melancholy office. He commenced 
 by taking off his cravat and temporary shirt-collar. During this opera- 
 tion he stood perfectly calm and unmoved, holding out his neck in order 
 to facilitate the hangman's duty. A white cap was then put upon his 
 head, and drawn over his eyes; this cap was so thin as still to afford the 
 wretched man a view of those about him, and he continued to look round 
 in various directions. The rope was then placed round his neck, and 
 while the executioner was attaching the other end to the beam above, 
 Thurtell looked up, and turning to him said, " Give me fall enough." 
 The hangman replied, " that he might be assured he should have plenty 
 ef fall, and that all would be right." Thurtell next turned to Mr. Wilson, 
 and repeated the same request, and that gentleman assured him, that 
 his wishes had been fully attended to. Ail being now in readiness, Mr. 
 Wilson drew close to the prisoner, and squeezing his hands, exclaimed, 
 in a tone of unaffected feeling, " Thurtell, God Almighty bless you ;" 
 the prisoner, pressing his hands in return, responded, " God bless 
 you, sir." 
 
 Mr. Wilson then stood back upon some boards placed immediately 
 behind the drop, and the executioner having previously retired, the under 
 sheriff with his wand, gave the last fatal signal.; the drop suddenly fell 
 without the slightest noise, and the unhappy man was in an instant 
 launched into eternity. His sufferings were but momentary, for, with 
 the exception of a few convulsive motions of his hands and legs, he 
 seemed to be deprived of all sensation. 
 
 It was calculated that at this period there were not less than 15,000 
 persons present, some of whom fainted from the pressure of the crowd, 
 and were removed from situations of danger with great difficulty. Upon 
 the whole, however, the Hiotley assemblage, vast as it was, was charac- 
 terized by the most orderly and decorous behaviour. 
 
 The body remained suspended for one hour, during which time the 
 preater part of the multitude remained. At the expiration of the hour, 
 the upper turnkey unscrewed the handcuffs from the wrists of the de- 
 ceased, and the irons from his legs. A plank was then placed across 
 the space through which the body was hanging, and the executioner 
 ascended, and untying the rope at the top, gradually lowered the corpse 
 into the arms of three javelin-men who received it beneath. 
 
 The body was then carried into the chapel, where a platform was pre- 
 pared for its reception in one of the pews. The under sheriff followed, 
 and under his directions, it was immediately stripped. When the cap 
 was first removed, the countenance was somewhat discoloured, but in 
 a short time assumed the ordinary hue of death. The eyes were open, 
 and the lips were unusually prominent. Some moisture had exuded 
 from the mouth, and wetted one side of the cap. The ends of his fingers 
 were livid, and the mark round his neck was stronger than is usually 
 observed. This may have arisen from the violence of the fall, by which 
 it appeared that the vertebra; were completely dislocated. The form of 
 the unfortunate deceased was, in the highest degree symmetrical and 
 muscular, and was spoken of by the surgeon who was present, as dis- 
 tinguished for every indication of strength and activity. 
 
 An application was made by the friends of the deceased to have the 
 body, for the purpose of being interred at Norwich an application 
 which was seconded by Thurtell himself, who earnestly prayed that the 
 operation of dissection might not be performed upon him. He dis- 
 claimed however, any personal prejudice on the subject, and observed, 
 that he cared nothing for his remains after life had become extinct ; that 
 there was another and a strong ground on which he made the request 
 he was anxious to be given to his friends, in order that a fond aud doat-
 
 13 
 
 ing mother might at least have the satisfaction of knowing where 16 
 find his grave. The unhappy prisoner when he made this allusion ap- 
 peared more than usually affected, and made use of his handkerchief to 
 hide the tears which were rolling down his cheeks. 
 
 The under sheriff felt, that consistently with his duty, and the terms of 
 the sentence which had been passed on the prisoner, he could not comply 
 with these wishes, and therefore resolved that the law should be com- 
 plied with in every respect. Mr. Colbeck the surgeon of the goal, was 
 directed by him to see that the body should be anatomised, and took a 
 receipt from Lim to that effect. In giving these directions, Mr. Nicholson 
 felt it his duty to take ihe solemn pledge of Mr. Colbeck not to allow a 
 cast to be taken from the head of the deceased. He was the more 
 strongly induced to demand this pledge, in consequence of the objections 
 which the deceased had himself made to such a proceeding objections 
 founded upon an apprehension, that if such a cast were taken, a bust 
 might be made, and circulated through the country. " And," said 
 Thurtell, " if this should be the case, the bust may perhaps meet the 
 eyes of some of my family, and renew in their recollection the memory 
 of a man who had caused to them not alone the deepest grief, but who 
 had exposed them to shame and disgrace." 
 
 It was afterwards understood that the body should be partially dis- 
 sected in the county of Hertford, and should then be conveyed to St. Bar- 
 tholomew's Hospital, where the dissection is to be finished, and where the 
 skeleton is -to be preserved. 
 
 In the course of the afternoon an application was made from the Phre- 
 nological Society, in London, for leave to take a cast of the back part of 
 the head of the deceased, with a view to the illustration of their scientific 
 theory. This application was granted upon the express condition that the 
 cast should not extend to the face ; that there should be only one, and 
 that one should be confined solely to the use of the Society. 
 
 Upon these occasions, when the body of the deceased is stripped, the 
 clothes usually become the perquisite of the executioner. In this in- 
 stance, however, the under- sheriff departed from that practice, and di- 
 rected that the clothes of Thurtell should be sent to his brother, and that 
 a compensation in money should be given to the executioner. It will be 
 recollected, that, on searching the lodgings of the deceased, after his ar- 
 rest, an air-gun was found by, and now remains in the possession of, 
 TJpson, the Bow-street officer. Tburtell, on the evening before his death, 
 sent it, as his last request, to the high sheriff, that the gun should be given 
 to Mr. Wilson, senior, as the only token of gratitude which he had it in 
 his power to bestow for the many favours conferred upon him by that 
 gentleman, during his confinement. 
 
 While alluding to this subject, it may not be uninteresting to state, 
 that on the Thursday night, when Mr. Wilson, jun., was taking his leave 
 of Thurtell, he begged to be favoured with a lock of his hair. Thurtell 
 smiled, and readily assented, observing, that he was sorry to say that 
 was the only property now in his possession ; suddenly recollecting him- 
 self, however, he said, " Oh yes, I have got a snuff-box, a plain one cer- 
 tainly, but I hope you will accept it for my sake." Mr. Wilson accepted 
 the box, and left the room deeply affected. 
 
 HUNT'S CONFESSION BEFORE THE CORONER. 
 
 IN consequence of an indictment against John Thurtell and Thomas Thur- 
 tell, for defrauding the County Fire Office of 1,900 and odd pounds, Thomas 
 and John Thurtell left the Cock Tavern in the Haymarket, and took their 
 residence at a Mr. Tctsall's (the Coach and Horses), in Conduit-street, Bond- 
 street. I was invited to dine with them. ~I called there on the Friday morn- 
 ing, Oct, g-i, when John Tburtell invited me to take wait, I walked with,
 
 14 
 
 him as far as High-street, Mary-le-bone. We stopped at a jeweller's shop ; 
 while we were looking there John Thurtell observed a pair of pistols, which he 
 said he would go and look at, for he wanted to purchase some. They were 
 marked I/. 17s. 6u. John Thurtell asked me after dinner if I knew where I 
 could get a gig. He gave me I/. 10s. tor the gig. He told me not to say 
 that the gig was going to Hertford, hut to Dartlbrd. I returned with the gig 
 to the Coach and Horses about a quarter before five. John Thurtell imme- 
 diately got into the gig, said he could not wait any longer, as he had a gen- 
 tleman to meet. Alter he was gone, Mr. Probert said to me, as John Thur- 
 tell has gone down to the cottage, have you any objection to take a seat in 
 my gig, as he (John Thurtell) is obliged to be out of the way, in consequence 
 of the ; warrants being out against him for the conspiracy: most likely we 
 should spend a pleasant evening together. About six o'clock on Friday even- 
 ing Mr. Probert's gig was brought to the door of the Coach and Horses. I 
 to'.,'; a seat in the gig: we proceeded as far as Oxford-street. Mr. Probert 
 said we must take something home for supper : we stopped at a pork-shop, 
 where I got out and purchaser! a loin of pork. We proceeded from .there as 
 far as Mr. Harding's, a publican in the Edgwure-road, where he had a glass 
 of brandy and water. From thence we proceeded as far as a Mr. Clarke's, 
 another publican, and had two more glasses of brandy and water ; from there 
 we proceeded to this house (the Artichoke.) We had three, but from what 
 appears from the landlord, (Mr. Field,) we had five more glasses. We did 
 not get out of the gig here. Mr. Probert observed to Mr. Field, that the 
 friend that was with him could sing a very excellent song. Mr. Probert 
 wished me to sing a verse, but I declined. We proceeded from this house 
 about a quarter of a mile. Mr. Probert stopped the gig and said to me, 
 " Hunt, you get out and wait my return ;" I did so. About half an hour or 
 more might have elapsed when Mr. Probert returned, and desired me to get 
 into the gig. When we arrived at the cottage, John Thurtell was in the 
 stable. Mr. Probert said to me, " Hunt, take that loin of pork out of the 
 gig." 1 took the pork into the kitchen, and remained in the kitchen about 
 ten minutes, when John Thurtell and Mr. Probert followed. We went 
 into the parlour. I was introduced to Mrs. Probert. John Thurtell then 
 called me and Mr. Probert into the garden, and said, " 1 have killed that 
 
 that robbed me of 300/. at blind hookey" (a game at cards.) " Good 
 
 God !" said Mr. Probert, " John, burely you have not been guilty of so rash 
 n act?" John Thurtell immediately took from his pocket a very handsome 
 gold watch, and said, " Do you believe me now? and if you will go with 
 me, I will show you where he lies dead behind a hedge." Mr. Probert 
 then said, " This has taken such an effect on me, that I must retire and get 
 some brandy." We then went into the parlour ; the supper was brought in, 
 which consisted of pork chops, the loin 1 brought down having been cut into 
 chops. I eat five chops, and so did Mr. Probert. John Tluirtell declined 
 'eating any, as he complained of being extremely sick. Mr. Probert and I 
 then went into the garden again, when Mr. Probert said to me, " Surely, 
 Hunt, this man has not been guilty of murder?" I observed, it looked very 
 suspicious, he (John Thurtell) having so valuable a watch. John Thurtell 
 followed, and asked Mr. I'robert and myself if we would accompany and as- 
 sist him in carrying the dead man. During this time Mrs. Probert was gone 
 to bed. John Thurtell said, if neither of you will assist, I will go myself. He 
 accordingly went by himself, and was gone about ten minutes or a quarter 
 of an hour. During the time he was gone, Mr. Probert said to me, " If this 
 is the case, Hunt, that John Thurtell has murdered the man, it will, ulti- 
 mately, be the jruin of me and my family." After this conversation was 
 orer between me and Mr. Probert, John Thurtell returned, saying " This 
 
 is too heavy for me ; and if you wont assist me, I shall put the bridle on 
 
 my horse, and throw the dead man across his back." He accordingly put the 
 bridle on his horse for that purpose. Mr. Probert and me, while he was 
 gone tUe second time, went jntv the parlour, and he aid to roe " Hunt this
 
 15 
 
 has taken such an effect of me, and I am so agitated, that I don't know 
 what to do." He said, what will my wife think? John Thurtell then returned 
 to us in the parlour, and said to Mr. Probert and myself, " I have thrown 
 
 the dead man into your fish-pond." ".Then by , Sir," said Mr. Probert, 
 
 " I insist upon your immediately going and taking him away off' my premises, 
 for such conduct will evidently be my ruin. 1 ' Me and Mr. Probert, and John 
 Thurtell went to the pond, where we saw the toes of a man. John Thurtell 
 then got a line or rope and threw it round the feet, then dragged it to the 
 centre of the jKind. John Thurtell then said to Mr. Probert, " Don r t give 
 yourself a moment's uneasiness, the man sh;iH not remain here long you 
 well know, Probert, that I would not do any thirg that would injure you or 
 your family." We then went into the parlour; J. Thurtell threw himself 
 upon some chairs ; Mr. Probert went up to his wife, I believe ; I sat in an 
 arm-chair. Next morning, after breakfast, Mr. Probert said, " you are going 
 to town " (to me and John Thurtell,) "but 1 shall expect you will return to- 
 morrow (Sunday) to dinner," which I promised, and did. Mr. Probert said 
 to John Thurtell, " mind and bring a piece- of roast beef with you, or we 
 shall have nothing for du:ner." We then left the cottage and went to Lon- 
 don. I left John Thurtell at Mr. Tetsall's (the Coach and Horses) with his 
 brother Thomas. On Sunday morning we left Mr. Tetsall's in a horse and 
 gig, taking with us a piece of roast beef and two bottles of rum. John Thur- 
 tell said to me, when we got as far as Tyburn, " my brother Tom is a-head 
 and Thomas Noyes." (Thomas INoyes is the brother-in-law of Mr. Probert.) 
 When we got to the bottom of Maida-hill we took up Thomas Thurtell, who 
 joined us for ihe express purpose of seeing his two children, that had been 
 on a visit to Mr. Probert's. When we had travelled three or four miles from 
 Maida-hill, we met Thomas Noyes. John Thurtell got out of the gig, tear- 
 ing me and Thomas Thurtell together in it, to make the best of our vray to 
 the cottage, in order that Thomas Thurtell might put Mr. Probert's horse 
 inlo his gig to fetch John Thurtell and Mr. Noyes. When we arrived at the 
 cottage, the horse that we went down with was taken out of the gig and Mr. 
 Prohert's put in. After Thomas Thurtell was gone to fetch Mr. Noyes and 
 John Thurtell, Mr. Probert said to me, " I have not had a moment's peace 
 since I saw you last, in consequence of that man lying in my pond." My 
 reply was, " I am sure you have not had a more restless night than myself." 
 Shortly after that, Thomas and John Thurtell and Mr. Noyes arrived at the 
 cottage. We then, I mean the whole four of us, (Hunt, Thomas and John 
 Thurtell, and Noyes,) walked across a ploughed field into a lane, and returned 
 to the cottage. When we arrived at the cottage, there was a gentleman whose 
 name I do not know, but I believe him to be the gentleman that owns the 
 estate, came in. J. Novc.-, the Thurtell's, and myself, walked about the 
 grounds till we were called in by one of Thomas Thurtell's children to dinner. 
 After dinner we had some rum and water, and sat for the space of three 
 hours, and then had tea. After tea we had some more rum and water, and 
 then we went to the stable to see the horses. W r e then had supper. John 
 Thurtell, myself, Thomas Noyes, and Mr. Probert, sat up till about half-past 
 one. Mr. Probert and Thomas Thurtell then went to bed, leaving me, John 
 Thurtell, and Noyes up. 
 
 About half an hour after they were gone to bed, Thomas Noyes followed, 
 leaving John Thurtell and myself in the parlour. I said to J. Thurtell, I 
 shall la'y down on the sofa. He said he would sit up and smoke. I left him 
 smoking by the fire, with his back towards me, and I land down, pulling my 
 great coat over me. About half-past six in the morning the servant came 
 into the room. J. Thurtell asked if the boy Jem was up. Ihe servant said 
 " No." During this time, Mr. Probert came down stairs, and the boy fol- 
 lowed. He desired the boy to put the horse in his own gig, which was done 
 immediately, and Thomas Thurtell and myself came to town, bringing with 
 us the boy called " Jem." When we got as far as the Bald Faced Stag, we 
 breakfasted, From thence we went to Mr, TetsalFs ; where Thomas Thurtell
 
 16 
 
 was informed, that the bail he had put in was not accepted. About naif-past 
 eleven I called at my mother's, in Cumberland-street, New-road. After I 
 had seen her, going from the New-road towards the Yorkshire Stingo, I met 
 John Thurtell, Thomas Noyes, and Miss Noycs, his sister. John Thurtell 
 asked me if the bail was accepted? I said " No." He then got out of the 
 gig, and Thomas" Noyes and his sister drove away. I and John Thurtell 
 walked to Mr. TetsaH's. T. Thurtell asked me if I would return on that day 
 and inform Mr. Probert that his bail had been refused, to which I consented ; 
 about half-past four I started; as I was going along, John Thurtell came to 
 the end of the street to me, and said, " if you are going to Probert's 1 may 
 as well go with you, and get that man away " (meaning the man that was left 
 in the pond). I said, " if you are going upon that business, don't expect me 
 to aid or assist in any way." We came and stopped at this house; and went 
 to Mr. Probert's. I informed Mr. Probert, in the presence of his wife, that 
 Thomas Thurtell had requested me to come down, as that evening, to know 
 whether he could appoint any other person to become bail ? Mr. Probert said, 
 it was useless for him to write, for that he would be up in town as e;irly as pos- 
 sible the following morning ; we then had part of a cold duck and some ale; 
 J. Thurtell then called Mr. Probert out; Mr. Probert was absent about ten 
 minutes, and then returned by himself; shortly after that, J. Thurtell asked 
 me and Mr. Probert if we would put his horse in the gig, and take it round 
 to the second gate? We put the horse to, and did so. John Thurtell then 
 came across a small field, with a dead man in a sack, will! his legs banning 
 out; he then asked Mr. Probert to assist him to put the dead body in the 
 chaise, which Mr. Probert refused to do ; Mr. Probert immediately ran 
 away, and said, I cannot stop any longer, my wife will think it very strange ; 
 he then asked me to assist him ; I refused, saying, the sight of a dead man 
 was quite enough, without touching it; John Thurtell then put the corpse in 
 the chaise, and tied the feet to the dashing iron ; he asked me if I would get 
 into the gig, but I declined, and told him that I would walk on, and he 
 would overtake me; when I got within a short distance of this house, John 
 Thurtell told me that he had thrown the corpse into that marshy pond I had 
 just passed, I then got into the gig, and left John Thurtell about two o'clock 
 that morning, at the house where he then lodged, and went home myself im- 
 mediately. That, gentlemen, is the whole of the evidence I have to give to- 
 night. 
 
 Coroner. Now, Mr. Hunt, I will ask you a few questions arising out of 
 your statements, which I think I have a just right to do. 
 
 The following examination, which seemed rather to arise out of facts which 
 had previously come to the Coroner's knowledge, than from the statement 
 just concluded, then took place: I do not observe that you stated that any 
 property was divided between you ? There was 61. given to me, which I con- 
 sidered as paying me for my professional duties. What professional duties? 
 I was taken down there to sing to Mr. Prohcrt and his company. Who gave 
 ou this sum ? Mr. John Thurtell. Did he give money to any one else? 
 le gave the same sum to Mr. Probert. Was any agreement made with ypu 
 by Mr. Probert, before you went out of town ; did you go down to the cottage 
 for the purpose of singing? Yes, Sir, certainly. Where was this agreement 
 entered into? It was talked of when we were at Mr. Tetsall's, at the Coach 
 and Horses. Myself and Mr. John Thurtell and Mr. Probert were present. 
 Did you observe Mr. Probert lend Mr. John Thurtell any money that after- 
 noon ? No, Sir. Then when Mr. Probert asked you to go down to the cottage, 
 >u considered you were going down for the purpose of singing? Certainly, 
 id you sing? Yes, Sir. To whom? To Mrs. Probert, her sister, Thomas 
 and John Thurtell, and Mr. Noyes. Were Mr. Probert and Mr. John Thur- 
 tell in the room 1 Yes, Sir. What day was this ? This was on the Friday 
 night, qr more properly speaking, early on the Saturday morning; it was 
 after twelve. Was that after John Thurtell came into the room, and in- 
 formed you and Probert that the murder bad been committed. ; Yes. Did, 
 
 I
 
 you hear John Thurtell say he kept 6/. for himself? No, Sir. Then after 
 John Thurtell had called you and Probert out, and told you of the diabolical 
 deed, you returned quietly to sing in the parlour? Yes, Sir. How long were 
 you absent? About ten minutes. You did not say any thing in your state- 
 ment to-day of your being employed to sing? No, I did not. Did you not 
 go out with a lantern? No. Did Mr. Probert go out with a lantern? Not 
 to my knowledge : I never saw any lantern, with the exception of that in 
 the stable. Who was in the stable ? The boy cleaning the horses. And no 
 further conversation passed about the murder 1 None whatever. I was in- 
 * troduced to Mrs. Probert, she knew very well on what business I had come 
 down. You werefully a ware of the murder ? I was not fully aware of it: I 
 was told of it by John Thurtell. You saw the watch? Yes, and I thought 
 that was suspicious. In the presence of Mr. John Thurtell, Mr. Probert, &c- 
 and after the former had told you he had murdered this unfortunate person, 
 you amused yourself singing? Yes, Sir. And you made yourselves merry 
 during the evening? Yes, Sir. And you considered that the 61. you received 
 was for your exertions on this evening ? I was there on the Sunday. Did 
 you consider that you received the 6/. for no other reason? No, certainly not. 
 You have stated that you saw the pistols bought. After he bought them, did 
 nothing pass between you and him ? Nothing whatever. Do you know where 
 the sack was bought? Yes. Who bought it? I did. Do you know where 
 the cord was bought ? Yes. Who bought it ? I did. Where did you buy the 
 sack? In Broad-street, Blooomsbury, near Hind-street. After you bought 
 the sack, what did you do with it? I took it to John Thurtell : he said it was 
 for the purpose of putting game in. The cord, what was that far ? I am sure 
 I can't tell you, to tie up the game, I suppose. Did you see him start? Yes, 
 Sir. Where from ? The Coach and Horses. Where did he say he was going 
 to? He said a gentleman was to meet him, but he did not say where he was 
 
 ?)ing to. Did he say any thing about Mr. Probert's house at the time? No. 
 ou received the 61. from Mr. John Thurtell? Yes. Where did he take it 
 from ? From a pocket-book.. Were you going away after you got the 6/. and 
 .finished your professional labours? No, Sir; it was too late an hour: it was 
 one or two in the morning : it was after Mrs. Probert had gone to bed. He 
 did not take the money from his pocket? No; it was from a sort of note-case : 
 he paid Mr. Probert with a 5/. note and a sovereign. Do you know what he 
 gave Mr. Probert money for? No, Sir, I do not. Was there any observation 
 made by Mr. John Thurtell when he paid this money ? No. Nothing re- 
 specting the murder? Nothing passed the whole of the evening about that 
 business. You were all extremely cheerful? Yes, Sir. Did you see a purse? 
 John Thurtell had a brown silk purse, as well as the small note-case. What 
 did he do with the note-case? He threw it in the fire. What did he do with 
 the purse? He threw that in the fire also. Did you see any papers put in 
 the fire? There was a little betting-book put in the fire. There was nothing 
 of this in your statement to us. No, Sir. Was the 6/. given to you and Mr. 
 Probert as your shares of the money found? "Y es, Sir, it was. What passed ? 
 I do not recollect. Where did you hire the horse? At Probatt's, at the 
 Golden Cross yard; no relation to the prisoner Probert. Do you know 
 where the clothes of the deceased were put? Not of my own knowledge ; I 
 wish I did; but I considered near the pond. Had he any clothes on? No, 
 Sir, they were cut oft : the clothes were taken oft, for he was naked when he 
 was brought into the lane, and put into the gig. Then you do not know from 
 your own knowledge, or from information, what became of the deceased's 
 clothes? I have not the slightest knowledge. Had you ever any of th 
 clothes of the deceased on your own back ? Never. What became of them 
 after he was dead? That I don't know. How do you know they were cut 
 -off? Because I was told so by John Thurteli. On Sunday evening .had you 
 any other person's clothes on except your own? On Sunday evening I had a 
 suit of black clothes on of John Thtirlell's. For what purpose did you ex- 
 ange your dress ? As it was Sunday, 1 wished to appear decent and ie- 
 
 c
 
 18 
 
 spectable. What dress had John Thurtell on? A blue coat, light waistcoat, 
 light small-clothes and gaiters. 
 
 Where did you change your clothes ? In a little room by Mr. Probert's 
 bed-room. Were you given to understand the clothes you put on at Pro- 
 bert's on the Sunday, were the property of the murdered man? Why, yes, I 
 have since been given to understand so, for I told the officer where to find 
 them. When did you give the information ? When I was at Watford. After 
 you were in custody? Yes, on Wednesday last. Had you any reason to be- 
 lieve that the property belonged to John Thurtell? Yes. Did you go up with 
 John Thurtell when he went to London ? Ye?, Sir. Was there not a curpet 
 bag put in the gig? When we left Probert's, there was a carpet bag put into 
 the gig, and a Dox-coat, and a gun, and a powder-horn, with a shooting- 
 jacket. Were there any other things in the gig when he left the Coach and 
 Horses on the Friday night? No, Sir. If you did not know what these things 
 were, how did you know hbw to give a description of them when you ordered 
 them to be given up ? I did not say I had not seen them. 
 
 Then you knew the contents of the carpet bag? Yes, John Thurtell sorted 
 them up, and put them into my drawers, and desired them to be taken care 
 of: the bag was left in the gig all night, and was brought to my house in th& 
 morning. I and John Thurtell walked on Saturday morning through a 
 ploughed field, and broke through a hedge into a lane ; it was not so late as 
 seven o'clock : we saw two men in the lane, to whom John Thurtell said, he 
 had lost a handkerchief and a knife; the lane was a quarter of a mile from 
 Probert's house ; after leaving the lane, we went to breakfast ; I saw no hand- 
 kerchief ; I did not sponge my clothes, but I brushed John Thurtell's clothes, 
 at his request ; I took a spade down in the chaise with me ; I was requested 
 to do so, but don't know for what purpose : Thomas Thurtell threw it over 
 a hedge near the gate, where the body was brought out by him naked ; I did 
 not see it used : I suppose it was brought for Mr. Proberi's use ; on that day 
 I had black whiskers and mustachios; you may see they are now cut off; I 
 have a hard beard, and cut them off for my own pleasure, I have been in the 
 habit of doing so ; I cut them off at my lodgings in London ; I have no ob- 
 jection to sign this statement. 
 
 What is become of the box-coat? It ought to have been found at my lodg- 
 ings by the officer, and also a backgammon-board which was left there. Were 
 S>u and John Thurtell down a lane near Probert's house on Friday night? 
 o, 1 was not : we walked on Saturday morning through a ploughed field, 
 and broke through a hedge into a lane. What time was this ? Not so late as 
 eight o'clock. Did you see two men in the lane? Yes; John Thurtell spoke 
 to one of them. What did he say to the man ? He said he had lost a hand- 
 kerchief and a knife in the lane. How far was this from Probert's house ? 
 About a quarter of a mile. Had you and John Thurtell been looking about 
 the lane for the knife, &c. for some time previously to his speaking to the 
 man? No; I didn't know that he had lost a knife till he spoke to the man. 
 Were you in that lane, at any other time, with John Thurtell, after th mur- 
 der ? No. Have you told all the conversation that has taken place between 
 you and John Thurtell in the parlour of Probert on the night of the murder, 
 ami elsewhere since the murder? Every word that I recollect. Did John 
 Thurtell not say to you before he went with you down the lane, what he was 
 going to look for? No, he did not. Where ditLyou go after you left the lane? 
 To breakfast at Probert's. 
 
 Questioned by a juror : What did John Thurtell say that he was goinGjtodo, 
 when he left you for a quarter of an hour on the night of the murder? He 
 did not say where, or what he was going to do ; he merely asked me to wait 
 there till he returned, and I did so. Was the sack you bought in St. Giles's 
 the one the body of Mr. Weare was put into after his murder by John Thur- 
 tell? 1 presume it was. Coroner. Have you anything more to say? No- 
 thing more. 
 Question by the Coroner. What did Thurtell mean when he said " That
 
 is your share of the money found ?'' Where was it found ? I can't say, I was 
 not present when it was found ; I was not very compos mentis on that night. 
 When you went down the lane with John Thurtell, you returned with a 
 handkerchief? No, I saw no handkerchief. Did you see a large piece of 
 sponge at Probert's ? Yes, I did ; it belonged to John Thurtell ; he bought 
 it, I suppose ; I saw it in the pail in the stable. Did you not sponge some 
 clothes ? No, I brushed John Thurtell's clothes. 
 
 By a juror. When you came down to Probert's on Friday, you wore black 
 whiskers and mustachios? Yes. What has become of them"? Why, you 
 must see that they are cut off. Why did you cut them off? I have a 
 hard beard, and cut them off for my own pleasure. Have you been in tha 
 habit of cutting off your beard and whiskers? Yes, T have. Where did you 
 cut them off? At my lodgings in London, prior to my apprehension. 
 
 Coroner. Have you any objection to sign this as your voluntary statementt 
 None whatever. 
 
 Hunt then signed the statement which he had given, and retired. 
 
 During the whole of the above extraordinary detail. Hunt was as cool and 
 collected as possible; he never changed countenance, and while every one 
 shuddered with horror at his dreadful narration, he betrayed not the least 
 emotion. After the examination was over, the handcuffs were put on him, 
 and having thick wrists, as they were being screwed on by the gaoler, he 
 cried out, " Curse it, don't torture me don't put me 'in purgatory," and ap- 
 peared rery angry. 
 
 PROBERT'S STATEMENT BEFORE THE CORONER. 
 
 On Friday afternoon T dined at Mr. Tetsall's, the Coach and Horses, Con- 
 duit-street, with the two Thurtell's, Mr. Hunt, Mr. Noyes, and one or two 
 more gentlemen, whose names t do not recollect, were present. Mr. John 
 Thurtell asked me to led him 5 or 6/, ; I borrowed 5/. of Mr. Tetsall, and 
 Mr. Tetsall gave the bl. to Mr. John Thurtell; I also gave Mr. Hunt I/, for 
 Mr. John Thurtell, which made 6^. I think about six o'clock I left to come 
 down to Aldenham, to my home. Mr. Thurtell asked me if I would drive 
 Mr. Hunt to my house ; if not, he said he would hire a horse for him ; I said 
 that as I was going home, I would drive him. John Thurtell said, J am 
 coming to spend the dav with you, and shall bring a friend with me : I said, 
 Very well, and I should be happy to see them. I then left Mr. Tetsall's, 
 and came with Hunt to the Bald-faced Stag, in the Edgeware-road ; Mr. 
 Hunt said, I must not go in there, as I have not returned the two horse- 
 cloths borrowed. He walked on to Mr. Clarke's, the tavern-keeper, which 
 is near the Edgeware turnpike, where 1 stopped and took him up, and drove 
 him very near to Mr. Phillimore's Lodge, and Hunt then said, I must wait 
 here till Thurtell joins me, according to appointment. 
 
 Coroner. Did you not call on the way at this house ? Probert. I beg par- 
 don ; yes, I drove Hunt to this house, and we drank several glasses of brandy 
 and water, and remained here about an hour, we left this house about nine 
 'o'clock ; I went from here to Mr. Phillimore's Lodge, and Hunt got out and 
 said, I must wait hefe for John Thurtell, and you may go on. I went da 
 till I was within one hundred yards of my house, and then I met John Thur- 
 tell. He said, Where is Hunt? I said I had left him on the road waiting for 
 you. He said, You must turn back then, and fetch him, for I have killed 
 my friend, and I don't want him. I said, Good God, I hope you have not 
 'killed any person ; he replied, I have, and now I am happy, for he has robbed 
 me of several hundreds. I then returned with Mr. Hunt, and at my gates 
 Hunt said to John Thurtell, Where could you pass me? John Thurtell re- 
 1 plied, It don't matter where I passed you, for I have done the trick. I said, 
 For God's sake who is the man that you have killed ? John Thurtell said, It 
 'don't matter to you, you don't know his name, and never saw him, and if you 
 
 c2
 
 20 
 
 say a single word about him, by G d you shall share the same fate, 
 /or Joe and I (meaning Hunt and John Thurtell) meant to have had your 
 brother-in-law that is to be, the other day (Mr. Wood), only that he run so 
 fast when he saw the house, and escaped ; he also said, I have more to kill, 
 and you will be one of them if you don't do what is right. We then went 
 into my parlour, and had something to eat and drink; afterwards John 
 Thurtell pulled a purse out of his pocket, and said, This is all I have got for 
 what I have done. How much was in the purse I do not know. A gun and 
 a watch he also produced, and several papers. John Thurtell and Hunt both 
 examined the papers, and handed them from one to the other, and after- 
 wards threw them into the fire. I had occasion then to go up stairs to Mrs. 
 Probert, and I did not see any thing more of the papers. John Thurtell said*, 
 now we must go and fetch the body, and throw it into your pond. I said, 
 that you never shall do. He said, you must do as I tell you, and I will come 
 and fetch it away to-morrow. They, Mr. John Thurtell and Mr. Hunt, then 
 went and fetched the body, and threw it into my pond. I saw them throwr 
 it in. John Thurtell after that produced a note-case made of silk or stuff, 
 and took out of it three 5/. notes, and said to me, here is the 6l. I borrowed of 
 you yesterday, and he gave me a 5l. note and a sovereign. I am positive he 
 said on giving me the money, here is the 61. 1 borrowed of you yesterday, for 
 Which you are answerable to Mr. Tetsall. That is all the money I saw, 
 though there were some sovereigns in the purse. I believe in the course of 
 half an hour I went to bed ;, I left both Mr. Hunt and John Thurtell in the 
 parlour, with a bottle of brandy on the table. Mrs. Probert and Miss Noyes 
 had then gone to bed an hour and a half. Mrs. Probert pressed them (Hunt 
 and John Thurtell) to go to bed half an hour before she went to bed, and she 
 said Miss Noyes would sleep with Thomas ThurteU's two children. One of 
 them replied, we have got a good deal of night work to do, and want to use 
 ourselves to it. When I went to bed, I thought my wife had been in bed at 
 least an hour and a half: as I entered the rooni she was not undressed; she 
 was crying ; and she said, for God's sake, what is it that Mr. Hunt and Mr. 
 Thurtell and you are doing up? If I knew, I would inform against you. 
 This was about one o'clock in the morning. I said, my dear, I am doing no- 
 jthing that will hurt me : I am not guilty of any thing. We both then went 
 Ao bed, and I think I lay till past nine on the Saturday morning, but not an 
 hour did I sleep the whole of the night, nor did Mrs. Probert, for she was 
 fretting all nigfit. I did not tell Mrs. Probert anything about the murder; I 
 aid to her, that I had done nothing that would injure me. When I came 
 xiown to breakfast, I found Hunt and; John Thurtell standing up in my par- 
 Jour, and the cloth laid for breakfast. About ten o'clock my boy put my horse 
 to the chaise, and they left my house about half-past ten. The boy put the 
 
 -deceased, but was not certain. As they went out of the yard, they said, we 
 -fthall come down and dine with you to-morrow, and bring Thomas Thurtefl 
 and Noyes, most likely. They all four, John and Thomas Thurtell, Mr. 
 Hunt and Mr. Noyes, came down next day as we were sitting down to dinner. 
 John Thurtell and Mr. Hunt both observed that I did not eat two mouthsful. 
 John Thurtell said, you will never do for a Turpin. This was said before the 
 females, Mrs. Probert and Miss Noyes, who did not know what it meant. 
 
 Coroner. They must have known what was meant; Turpin was a no- 
 torious highwayman and murderer, and what John Thurtell meant was 
 obvious. 
 
 Probert continued : After dinner we walked in the garden; John Thur- 
 . tell pointing to Hunt said, " See how my Joseph is dressed up to-day, 
 don't he cut a good figure? " 
 
 Coroner. \\ hat did he mean by this? Probert. He meant that Hunt was 
 dressed up in very goxl clothes.
 
 21 
 
 Coroner. Give me a description of Hunt's dress at that time. 
 
 Probert. He had on a buff waistcoat, and a black handkerchief: they were 
 (he deceased's clothes I was told ; I said to Hunt, " if they are the deceased's 
 clothes, good God ! how can you wear them ? " Hunt said, " what is that to 
 yo^whose clothes they ate? they are not yours." This was on the Sunday 
 after the murder. I will only say that I am not the murderer, and I declara 
 solemnly before my God and Saviour, that I never knew the man, or saw 
 him, nor even knew the name of the man, or that he was coming down front 
 London. God Almighty knows I am not guilty of this horrid murder, t 
 knew of John Thurtdl coming down, and as he said to me, with a gentleman, 
 but I did not know who the person was ; he said they should shoot on Lori 
 Essex's estate. 
 
 Coroner. I have one question or two to ask Mr. Probert. Probert : I will 
 answer. Did you take part of the deceased's money? No, I did not. Did 
 you see the deceased's clothes taken out of your house ? No, my boy put the 
 gun into the chaise. Did Hunt come down losing professionally? No. Did 
 he sing on the Friday night after you had been informed of the murder, in 
 your parlour? I rather think he did sing one song, but I cannot swear. Did 
 Hunt receive any money from John Thurtell on that night? I think he did, 
 tut I am not positive. Did you order John Thurtell to bring you a new spade 
 down from London ? Never. Did you ever see a spade that he brought 
 down ? Yes. I found one on my grounds after the murder. 
 
 By a juror. You called at this house on the Friday night with Hunt, 
 about the time of the murder? Yes, I did. You said to the landlord that 
 Hunt was a good singer? Yes, I did. Were you both inebriated ? A little. t 
 He then withdrew. 
 
 THOMAS THTJRTELL, 
 
 After the verdict was returned, the Coroner and Magistrates assembled 
 gave orders for Thomas Thurtell to be brought from the apartment where he 
 was confined, before them. He was brought into the Jury-room handcuffed. 
 They were ordered to be taken oft'. 
 
 The Coroner congratulated him that he was not inculpated in the dreadful 
 transaction that^had alarmed the whole county. 
 
 Thomas Thurtell, who has an impediment in his speech, endeavoured to 
 reply, but, for some time, such was his agitation, he could not give utterance 
 to a syllable. At last he said, " It was a horrible transaction; but I thank 
 God 1 had not the remotest idea of the dreadful intentions of my brother, or 
 that the murder was committed, till it was communicated to me after my ap- 
 prehension." 
 
 The County Magistrates then informed him, that they were about to 
 commit him to the county gaol, upon a warrant brought from London, on a 
 charge of conspiring to set fire to some premises in Watling-street. 
 
 He declared, that however guilty his brother might be, and he admitted 
 that his brother had led a life the most wicked and dissolute for several years, 
 yet he was himself innocent of the charge upon which he was about to be 
 committed. t 
 
 The Magistrates lamented that a person who was related to one of the 
 most respectable families in Norwich should have been implicated in such a 
 dreadful accusation. 
 
 Thomas Thurtell burst into tears, and said, " Good God ! what misery 
 must my poor father and mother endure on hearing of the situation of their 
 children ; my brother's fate, I suppose, is sealed ; pray pod support my 
 father and mother ! "
 
 22 
 
 CIRCUMSTANCES RELATING TO THE EXECUTION OF 
 
 THURTELL. 
 
 Thurtell, in the course of conversation, again alluded to Probert. 
 He said, " I forgive Probert, from the bottom of my heart ; I hope he 
 will live to repent of his past sins. But, notwithstanding the awful 
 situation in which I am placed, were I to be offered life for one hundred 
 years, with 20,000/., I would rather die, as I am about to do, than lire 
 degraded and disgraced like him : a vagabond walking about the streets, 
 pointed at by the finger of scorn. He has always been a wicked man, 
 bat my sincere hope is, that he may take warning and turu from his evil 
 ways." 
 
 When the Rev. Mr. Lloyd went to seek Probert and his wife at the 
 White Hart, at Hertford, on Thursday, he found them seated with a 
 bottle of wine before them, and apparently callous to the obloquy with 
 which the former had been covered. Upon remonstrating with him upon 
 the impropriety of his remaining in town, Probert said that ht intended 
 going up by the coach that evening. Mr. Lloyd observed that such a 
 course would be extremely indelicate, as he must be known at every 
 place where the coach stopped ; and recommended him to take a post- 
 chaise, and leave the town as quickly. and as privately as possible. To 
 this, Probert replied, that he could not take a post-chaise, as be had no 
 money. '* Then," said Mr. Lloyd, " that shall not be an obstacle, for 
 I will furnish you with the means of doing so," and the rev. gentleman 
 immediately presented him with 21. Probert and his wife shortly after 
 quitted town in a post chaise, the blinds of which were up. 
 
 When Probert was about to quit the prison, he was compelled to pay 
 a few shillings which he owed to one of the turnkeys; we have since 
 been informed that he departed without paying a few pence (we under- 
 stand no more than nine-pence) which he owed to a wretched prisoner, 
 to whom that sum, however small, was an object of serious importance. 
 
 It was more than once suggested to Probert, that he ought to quit this 
 country and go to America, to which suggestions he replied, " How can 
 I go to America without money ? 1 must remain here ; I can't travel 
 without money." 
 
 We understand that a considerable property, to which the family of the 
 Noyes's are entitled, is at present locked up in Chancery, and will in all 
 probability be ultimately divided among them. 
 
 When Mr. Wilson, jun. took his leave of Thurtell, he (Mr. Wilson) 
 burst into tears. Thurtell turned to him, and patting him on the shoulder, 
 said, in a cheering tone, " Come, come, don't cry, don't grieve we shall 
 meet again, we shall meet in Heaven." 
 
 Among the singularities of this extraordinary case is, that no less a sum 
 than 25/. was offered for the pistol with which Thurtell effected the murder 
 of Mr. Weare ; and, what perhaps may appear still more singular, the 
 sum of IO/. was offered for the rope in which Thurtell was hanged. When 
 the under-sheriff heard of the latter offer, he determined to frustrate the 
 wishes of the proposed purchaser, and ordered the rope to be burnt, and 
 it was burnt accordingly. The pistol is still in the possession of Ruth- 
 ven, the Baw-strect officer. 
 
 So deeply affected was Thomas Thurtell at his last interview with his 
 brother, on Thursday evening, that it became necessary to remove him 
 away by force. John Thurtell, beckoning to the turnkeys, said. " Take 
 lim away for God's sake, for he unmans me ; poor fellow, I wish he had 
 not come here 1 at all." 
 
 The two ladies who endeavoured to get into the gaol on Wednesday 
 night, it appears were influenced by a desire to afford religious consola- 
 tion to the prisoners. They were provided with a large stock of religious
 
 23 
 
 tracts. During the trial on the first day, a waiter at one of the principal 
 inns succeeded in gaining admission for them into the court, for which 
 service they subsequently made him a present of a sovereign. 
 
 After the body of Thurtell was taken to the chapel, the platform was re- 
 moved, and in a short time the front of the gaol presented its usul ap- 
 pearance, and, in the course of a few hours, the town of Hertford, which 
 had but a short time before presented such a scene of bustle and con- 
 fusion, became as tranquil as if the trial had never taken place. 
 
 REMARKS OF THE EDITORS OF THE DIFFERENT 
 JOURNALS, UPON THE CHARACTER OF THURTELL. 
 
 " Thus perished John Thurtell, in the thirty-second year of his age ; a 
 memorable example of the evil consequences of that attachment to sport- 
 ing by which so many young men are ruined, and so many more depraved- 
 May some of those who are entering on the path that Jed to his de- 
 struction, take warning by his fate! Atrocious as was the deed for 
 which he justly suffeted the dreadful penalty of the law, his fortitude had 
 inspired into the public mind no small share of sympathy for his suffer- 
 ings. His address to the jury had induced some to believe him a man 
 of talent; his delivery of it was certainly imposing and impressive; but 
 the composition of it has been, we understand, attributed to some 
 rhetorical friend; if so, the merit of it must be confined to his remem- 
 brance of it by rote, so as to supersede the necessity of reading it. 
 Whatever may have been his talents, a life of dissipation and the pur- 
 suit of pleasure had impaired them ; and, although his mind might have 
 furnished the foundation for a clever man, there was no superstructure 
 of useful learning or knowledge raised upon it. His talents could not 
 make him an object of public sympathy; his singular fortitude consti- 
 tuted his chief, and perhaps his only, claim upon the feelings of the 
 public. He looked at death steadily, and met it unshrinkingly. Had 
 the determination of character, the self-possession in danger, and the 
 bold intrepidity which he displayed during the whole trial, and to the 
 moment of his death, been enlisted in a good cause, he would have been 
 an invaluable citizen. He certainly possessed many ingredients of 
 character which go to constitute a great man. In the army, his courage, 
 firmness, and promptitude, might have raised him to a station in which 
 he might have been himself the glory, instead of the shame, of his family, 
 
 ' Had his soul but stirred in virtue 
 With half the spirit that it dared in evil.' 
 
 The most affecting part of his address to the jury was the contrast whicfr 
 he drew between what he then was and what he might have been. His 
 expression of regret, that he had not fallen in the field in defence of his 
 country, was manly, natural, and energetic. These considerations, in 
 spite of his enormous guilt, have made him an object of public compas- 
 sion. No one can lament the man, or deplore his fate ; but every person 
 must regret, that the fine qualities of mind which he possessed, should 
 have been perverted to the commission of so black a crime as that for 
 which he suffered an ignominious death. That he was not unaffectionate, 
 is proved by his last cares being directed to the feelings of his parents. 
 He fell into evil society, where he met with none towards whom he could 
 cherish any sentiment of regard. This was his misfortune. His unsus- 
 pecting generosity, when he entered the " play world," made him the 
 dupe of every sharper he encountered. The victim of his revenge was 
 one of those who early profited by his uncalculating rashness. He has 
 now paid the awful forfeiture of the law, and feelings of abhorrence for 
 the crime are partially immerged in sensations of sympathy for the
 
 24 
 
 criminal. Bold, but not audacious; guilty, but not base, the princi- 
 ples of human judicature have necessarily sacrificed him, and preserved 
 worse men, his accomplices, who pollute the surface of the earth, with- 
 out one virtue to redeem their infamous variety of vices. Public atten- 
 tion had never been so strongly directed towards the murder of an 
 individual, as towards that of William Weare ; for never, in the history 
 of any age or of any country, has there been perpetrated a murder of such 
 fiend-like ferocity, without a single mitigatory circumstance to retrieve it 
 from the most condign abhorrence. Great, however, as may be his crime, 
 he is now " numbered among the dead," and the sacred, sad immunities 
 due to the departed, should not be withheld from him. Let us hope that 
 his contrition has been full, sincere and perfect; and let us hope, too, 
 that a disgraceful death and the posthumous celebrity of an infamous 
 fame, which his guilt has earned for him, may be, in the eyes of Him 
 " whose mercy is infinite," a temporal punishment to atone for much of 
 his crime, and facilitate his attainment of ' the brightest gift the Godhead 
 can bestow, the pardon of a penitent sinner."' British Prest. 
 
 " Thus perished in an untimely manner a man, who, but for untoward 
 circumstances and the violence of his passions, might have been an orna- 
 ment to society, an honour to his country, and the pride of his family. 
 If any thing could have made reparation to mankind for the crime with 
 which his character had been stained, and by which the laws of his 
 country had been outraged, it would be the exemplary piety, and the 
 moral fortitude with which he met his untimely fate. His whole con- 
 duct had 
 
 " Set. forth 
 
 A deep repentance ; nothing in his life 
 
 Became him like the leaving it." 
 
 " A thrill of horror seemed to run through the multitude at this awful 
 moment, and for a few seconds scarce a sound escaped from the sur- 
 rounding thousands. Some expectation had been entertained that the 
 unhappy man would have addressed the crowd, and made some dis- 
 closures to the prejudice of his former companions, or at least that he 
 would have fully disclosed the part he himself had taken in the transac- 
 tion which led to his death. Indeed his own declarations on various 
 occasions had justified a belief that this would be the case. It was evident, 
 however, that the religious feelings with which he had been impressed, had 
 taught him, that to enter into any such statement was inconsistent with 
 that Christian charity towards all mankind with which he had been per- 
 suaded it was his duty to depart this life." Morning Chronicle. 
 
 m 
 
 " We cannot conclude this account of the execution of Thurtcll without 
 doing full justice to the courage with which he met the fate which the 
 offended laws of his country assigned to him, on account of the atrocious 
 crime of which he was convicted. In no part of his behaviour on the 
 scaffold was there any thing like either irresolution or bravado. The 
 serenity with which he conducted himself in his last trying hour, would 
 have caused him to be considered as a martyr, had he died for the sake 
 of religion ; and would have endeared his memory to his country to the 
 latest posterity, had he, in a period of national degradation, laid down 
 his life for her injured liberties. Dying, however, as he has died, for a mur- 
 der of the greatest atrocity, established by evidence of the most satisfac- 
 tory description, we must guard against allowing our admiration of his 
 fortitude to overcome our moral abhorrence of the barbarities he com- 
 mitted. It is evident that he was a man of uncommon energy of mind, 
 and the sympathy of his gaol-attendants, men unused to melt, shows that 
 e musth avcp ossessed some kind, and generous, and amiable qualifies
 
 25 
 
 All therefore must regret that such a man should have suffered his nature 
 to become gradually depraved into the possibility of perpetrating de- 
 liberate murder. At the same time society must feel relieved by casting 
 off from its bosom a being who, having chosen the path of crime, was 
 equally formidable from the laxity of his principles and the strength of 
 kis passions, from the unbounded influence his mental vigour gave him 
 over his associates, and from his utter fearlessness of danger and of 
 death." Time*. 
 
 Previous to the execution of Thurtcll, a gentleman of the name of 
 Richards, a Fellow of one of the Colleges at Cambridge, arrived in Hert- 
 ford, and immediately called at the gaol, and stated that the Rer. Mr, 
 Colton, of whose mysterious disappearance so much has been said of 
 late, Lad been a member of the same college with himself, and that having 
 heard of John Thurtell's conviction, he came up for the purpose ef asking; 
 him whether he knew any thing of that gentleman, and whether he was 
 disposed to communicate what he might know as to his fate. The chap- 
 lain, to whom the inquiry was stated, took an opportunity of asking the 
 question of Thurtell, and he distinctly said, he knew nothing of Mr. Colton 
 whatever. 
 
 Hunt entertained an opinion that he was to suffer on Friday morning 
 with Thurtell, and under that impression he on Thursday afternoon wrote 
 an affecting letter to his mother, which he sent by the post, inclosed in 
 the following letter to his attorney. 
 
 SIR, I shall feel grateful if you will forward this to my unfortunate 
 mother, as I do not know where she lives. 
 
 Yours respectfully, J. HUNT. 
 
 The letter to his mother is as follows : 
 
 Hertford Gaol, January 8th, 1824. 
 
 My Beloved Mother. This you must consider as the last acknowledg- 
 ment of my duty and gratitude to you, for the uniform affection I have 
 experienced at your hands, and the kindness you have manifested during; 
 my unhappy situation. 1 have been from my birth the child of misfor- 
 tune, but the termination of my untoward life is, indeed, dreadful to con- 
 template. It is, however, now too late to reflect on the past, and as it 
 has pleased the almighty that I must be prematurely cut off from society, 
 I hope I shall be able to meet my fate with confidence and fortitude, and 
 that I shall meet with forgiveness in the next world, although I cannot re- 
 ceive it from mankind in this. The only regret I feel, is in the disgraceful 
 death I must undergo, because I fear it will render more wretched those 
 whom I leave behind. But do not, I beg of you, my beloved parent, de- 
 stroy your peace of mind by fretting at my misfortune, but pray to God 
 for my forgiveness when I appear before that great Judge oar Supreme 
 Being. 
 
 I depart this life in peace with all mankind : and trust that God will 
 forgive all those who are my enemies, as freely as I do. 
 
 From what passed when I first made my confession, I did expect my 
 life would be spared, but I am happy to say that I hare, notwithstanding, 
 devoted the whole of my time, since my apprehension, to my God, not 
 merely because I was a guilty man, but because I felt 1 had long neg- 
 lected that duty which ought to be performed by every good Christian. 
 Remember me kindly and affectionately to all those I leave behind, and 
 that the blessings of Almighty God may be with you and my unhappy wife, 
 my dearest brothers and sisters, is the most fervent prayer of 
 
 lour unhappy Son
 
 26 
 
 On reaching the gaol they were brought into the common room. Both 
 stood together without casting on each other one glance of recognition 
 while they were undergoing the usual process of search. Thurtell's snuff- 
 box appearing to be empty, he turned about to Bishop, the Bow-street 
 officer, who was present, and addressing him said, " Bishop, do let me 
 bare some snutf, I shall want a pinch." Mr. Bishop said he was sorry, 
 bat he had not any snuff, having never carried a snuff-box. A gentle- 
 man present said he had some, and at the same time offered his box. 
 Thurtell, while the snuff was pouring from one box into the other, took 
 some hastily in his fingers and applied it to his nose. 
 
 BOW STREET. 
 
 Two hours before Thurtell mounted that scaffold on which he yielded 
 up his life to the outraged laws of nature and his country, he wrote the 
 following letter in a free unshaken hand, and with a finely nourished 
 signature, to the high sheriff of the county of Hertford : 
 
 Hertford Gaol, Friday Morning. 
 
 SIR, It is my request that Mr. Wilson should have my air-gun, which 
 is at Bow-street. Many thanks for your kindness; this is the last re- 
 quest of your unhappy prisoner, JOHN THU11TELL. 
 
 To Robert Sutton. Esq., High Sheriff. 
 
 The Mr. Wilson alluded to, is the Governor of Hertford gaol ; and the 
 air-gun is that which it was said Thurtell purchased for the purpose of 
 shooting Mr. Barber Beaumont. 
 
 The high sheriff promised that he would attend to this last request, 
 and he has kept his word. He came to town on Saturday, Jan. 10, 1824, 
 for the purpose, and immediately waited upon the sitting magistrate at 
 this office, G. R. Minshull, Esq. 
 
 Mr. Taylor, the barrister, was also in attendance at his request ; by 
 which it would appear that the worthy high sheriff anticipated some diffi- 
 culty in what he had undertaken ; but the magistrate had no sooner read 
 Thurtell's letter, than he ordered the gun to be instantly given up. 
 
 Bishop, the officer, who happened to be present, informed his worship 
 that the gun was in the hands of Upson, the patrol, who found it at Thur- 
 tell's lodgings, but he would take care that it was forwarded to Mr. Wil- 
 son on Monday. 
 
 The high sheriff seemed to fear some disappointment, and observed 
 that he would pay any money for the gun rather than fail in doing what he 
 had promised. 
 
 " Oh, Sir !" said Bishop, " money is quite out of the question the gun 
 shall be delivered to Mr. Wilson, on Monday morning, without fee or 
 reward." 
 
 It appears, however, that this promise will not be carried into effect 
 after all for the assignees under Thurtell's bankruptcy, served Upson 
 with a notice not to deliver up the gun, or any other of Thurtell's pro- 
 perty to any body but themselves.
 
 PIERCE EGAN'S INTERVIEW WITH THURTELL. 
 
 THURSDAY, DEC. 4, 1823. 
 
 It was nearly ten o'clock on Thursday morning when I sent my card 
 into Thurtell. He immediately sent an answer that he was dressing, and 
 should be ready to see me in a few minutes, and presently afterwards I 
 was ushered into the office. Thurtell entered. He advanced towards 
 me with a cheerful step and smiling countenance. Mr. Wilson, the 
 governor, was present. T never saw Thurtell look hetter ; in fact, his 
 personal appearance was altogether considerably improved. He was 
 fashionably attired in a blue coat with gilt buttons ; a yellow waistcoat, 
 and dark trowsers. His irons, which are rather heavy, were tied up with 
 a silk handkerchief. His shirt and handkerchief white as snow ; his pin 
 tastefully displayed ; and his collar and wristbands corresponding with 
 the style of the present period. The following dialogue took place the 
 moment he entered : 
 
 Thurtell. (Holding out his hand, with great good humour.) " What, 
 Pierce Egan, how do you do ? This is kind ; and I am very glad to see 
 you ;" (and immediately set himself down in <i chair). 
 
 E. You look well, Thurtell ; nay, you look as if you had been: in 
 training.' 
 
 Thurtell. Yes, thank God, T was never in better health and spirits. 
 But you are come down to Hertford to take a few minutes about me, 
 
 suppose, (smiling). 
 
 E. Yes, to cast my eyes around ; to report what is going on ; you 
 know my forte. 
 
 Thurtell. Yes, I have often read many o joar sporting accounts with 
 great pleasure ; but I suppose you, like the rest of the press, have 
 lashed me severely. 
 
 E. No, upon my word, I have not written a single line at present about 
 you to the public. 
 
 Thurtell. Well, I feel obliged to you. But what a piece of work this 
 affair has made, an't it ? (feeling for his snuff-box, and looking down at his 
 fetters.) What a parcel of lies the papers have inserted against me; and 
 in addition to which, they say I am sullen and dejected. Do I appear 
 dejected ? (laughing.) Those who know -me well, know that 1 have done 
 nothing to be dejected about. 
 
 E. You have seen the newspapers, then ? 
 
 Thurtell. Yes, I am now reading the whole of them. It is too bad; 
 the paragraphs are all false. I never committed any serious crime in 
 my life. My friends know it full well. You may believe me, Mr. Wil- 
 son, I never was before a magistrate on any charge in my life till the 
 present. I do the crime for which I am charged, indeed ! (indignantly). 
 
 E. I saw Mr. Weare at Doncaster races. (The name of Weare did not 
 make any impression, although, his eyes met Kir. E.'s) 
 
 Thurtell. There again is another direct falsehood, among 100 others ; 
 I never was at Doncaster in the whole course of my life; and I declare to 
 you I have not been in a gambling-house for upwards of two years ; it's 
 also nearly three years ago since I was at a prize fight ; not since Sanders 
 and Israel Belasco fought. I, indeed, kill Weare, and take his money ! It 
 is well known that I have been more duped than engaged in duping others; 
 and when I first entered the sporting world, no person behaved more ho- 
 nourably than I did ; or spent his blunt more freely. , There was but one 
 individual who stood to be shot at like myself and that was the late 
 unfortunate Elliott. Did I not make a fight at Norfolk for 100/. a-side, 
 when I could only collect seven pounds ; although I was surrounded by
 
 28 
 
 all the swells from the metropolis, and 35,000 persons were present. (The 
 recollection of this circumstance seemed to give him pleasure, as he smiled, and vat 
 quitt animated). 
 
 E. I suppose you mean to read your defence ? 
 
 Thurtell. No, no! I shall speak for myself (and with much energy), 
 and I will give some of the papers pepper for what they have said falsely 
 against me. But I shall not be tried now I want three witnesses to 
 complete my defence ; but so much prejudice has gone forth to the world, 
 they are afraid to come; they must put it off without they mean to murder 
 2110. But I do not like Judge Park. 
 
 E. I understand you wished to have Mr. Charles Pearson to conduct 
 your defence ? 
 
 Thurtell. Yes, yes; indeed I did ; he is a clever fellow ; but he is too 
 much in difficulties to appear in court for me. When did you see him 
 last? Egan. About a month since, at Brighton. 
 
 Thurtell. (Laughing). At Brighton ; aye, he wished me to appear 
 some time since on the stage, as Richard the Third, there. 
 
 Thurtell. ( Recollecting himself, and rising from his seat with the greatest 
 indignation.) Could any thing be more cruel, unmanly, or diabolical, than 
 to publish in a play-bill, at the Surrey Theatre, that the chaise and horse 
 should be exhibited in which it is said I committed the murder? It is a 
 most infamous falsehood ; and the press has dealt with me most unfairly. 
 
 Mr. Wilson. Mr. Thurtell, I wish to call your attention to a letter I 
 have received from Barber Beaumont. (He wished me to read it to 
 you) he wishes you to answer whether you set your house on fire ? 
 
 Thurtell. (With great indignation.) What do you think of such a fellow, 
 to send such a letter to me to divert my attention at this period an 
 answer indeed ! To acknowledge setting fire to my house ; I should 
 like to break his head into a thousand pieces first, (clenching his fist.) 
 
 At this juncture, Bishop, one of the turnkeys of Newgate, opened tho 
 door; but on Mr. Wilson saying he was engaged, Bishop retired. 
 
 Thurtell. Who is that? 
 
 Mr. W. He brought your brother down to-day. 
 
 Thurtell. I should like to speak to him. 
 
 Mr. W. Personally, 1 have no objection ; but the magistrates assert 
 that it would be improper, as your brother is to be called as a witness for 
 the prosecution. 
 
 Thurtell. Well, then, I suppose it must be so, but (with considerable 
 feeling) 1 should like to shake hands with him. To P. E. What do those 
 'persons say about me in London to whom I am known ; but if they be- 
 lieve the newspapers, I have been condemned long ago without any trial. 
 
 E. Can I do any thing for you respecting your trial ? 
 
 Thurtell. No. Yes. If you should see Mr. Chitty this morning, tell 
 him I wish to consult him respecting my defence. 
 
 E. 1 must now take my leave. 
 
 Thurtell. Good bye. I thank you kindly for this visit ; but I shall see 
 you again. My trial must be put off. He then returned to his own room 
 with as much cheerfulness as he entered the lodge. 
 
 In the course of the conversation, Mr. Wilson observed, I wish to im- 
 press on your mind, and I hope you will give me your promise, that on 
 meeting with Hunt, you will behave decorously. 
 
 Thurtell. (His countenance exhibiting various sensations ; and in a hurried 
 manner.) No, No. I will not hurt nor abuse him ; I will behave properly 
 you may rely qn it.
 
 29 
 
 TO THE EDITOR OF THE WEEKLY DISPATCH. 
 
 SIR, Iu Mr. Pierce Egan's account of an interview between himself, John 
 Thurtell, and Mr. Wilson, the keeper of Hertford Gaol, published in the Dispatch 
 of last Sunday, the latter is represented to have said " Mr. Thurtell, I wish to 
 call your attention to a letter I hare received from Barber Beaumont. He wished 
 me to read it to you. He wishes you to answer whether you set your house on fire." 
 Now, although I had determined not to notice any more liberties taken with my 
 name in the publications issued on behalf of the Thurtells, until the period of 
 their trial on the prosecution of the County Fire Office, yet I find so unfavour- 
 able an impression created by the assertion, that I obtruded such an examination. 
 on a man on the eve of taking his trial for murder, that I am compelled to break 
 the silence I meant to have preserved. * I declare, then, that the above statement 
 is grossly false. I deny having desired or authorized any one to read any letter to 
 John Thurtell ; and I deny having desired or authorized any one to ask John. 
 Thurtell any question whatever. I am, Sir, &c. 
 
 I. T. BARBER BEAUMONT, 
 
 TO THE EDITOR OF THE WEEKLY DISPATCH. 
 
 SIR, In answer to the above letter of Mr. Barber Beaumont, I have only a. 
 straight forward course to pursue, and shall therefore state precisely what passed 
 on the occasion to which he adverts. During the conversation with Thurtell, 
 who sat on the left hand side of the fire place in the lodge ; myself being on the 
 right, and Mr. Wilson at the desk near the window, about three yards distant 
 from me. 
 
 Mr. Wilson. Mr. Thurtell, I wish to call your attention to a letter 1 have re- 
 'ceived from Mr. Barber Beaumont. He wished nt to read it to you (taking the letter 
 off bis desk and opening of it.) He wishes you to answer whether you set your 
 .house on fire. (Then folding it up and laying it down on the desk.) I have HOW 
 fulfilled Mr. Beaumont's request. I am, Sir, yours, &c. 
 
 Dec. 13, 1823. PIERCE 
 
 (From the Morning Post.) 
 LETTER FROM 3. W. PARKINS, ESQ. TO MR. WILSON, KEEPER OF HERTFORD GAOL, 
 
 SIR, Having read, on the 1st instant, in Bell's Weekly Dispatch, Sunday 
 Paper, and copied from that into every other paper in London, a dialogue which is 
 said to have taken place in your prison and in your presence, between John Thur- 
 tell and Pierce Egan ; it stated also, that Bishop the turnkey, and Thomas Thur- 
 tell,f whom he had brought from Newgate as a witness for the prosecution, were 
 
 * " Fair Play" is my motto, and I am anxious upon all occasions to do justice 
 to every individual. Truth demands it. The letter read to Thurtell, by Mr. Wil- 
 son, from Barber Beaumont, Esq., was done prematurely. On Sunday, Decem- 
 ber 9th, 1 ascertained, at Hertford gaol, that the intent of Mr. Barber Beaumont's 
 letter was, that it should be read to Thurtell after his conviction, and not before 
 that circumstance. 
 
 t As a proof of the accuracy, or rather the perversion of the Ex-Sheriff Parkins^ 
 we make the following extract from our report in last Sunday's Dispatch: 
 
 At this juncture, Bishop, one of the turnkeys of Newgate, opened the door j 
 but on Mr. Wilson saying he was engaged, Bishop retired. 
 
 Thurtell. Who is that ? Mr. Wilson. He brought your brother down to-day. 
 - Thurtell. 1 should like to speak to him ? Mr. Wilson. Personally, I hare no 
 objection ; but the magistrates assert that it would be improper, as your brother 
 is to be called as a witness for the prosecution, 
 
 Thurtell. Well, then; I suppose it must be so, but (with considerablefeeling)l 
 should like to shake bunds with him.
 
 30 
 
 also present. No doubt you have read the dialogue, and I will thank you to in- 
 form me as to the accuracy or inaccuracy of the same; as from what I have ex- 
 perienced myself of the inaccuracy of certain newspaper reporters, during the 
 time I was Sheriff of London, I do not believe one tenth part of what 1 read. * * 
 I should be glad to hear from you by return of post. 
 
 And am, Sir, your most obedient servant, 
 
 (Signed) J. W. PARKINS. 
 
 No. 9, Essex-street, Strand, London, Dec. 10, 1823. 
 
 To the foregoing, Mr. Parkins received the following answer : 
 
 Hertford, llth Dec. 1823. 
 
 SIR, Yours I received this morning, and, as you observe, I have in seen several 
 newspapers, the dialogue which took place between John Thurtell and Pierce 
 Egan, which 1 believe to be nearly correct, except that part where you mention 
 that Bishop, the turnkey, and Thomas Thurtell being present. They certainly 
 were not, nor any one else, except myself and Egan. 
 
 I am, Sir, your most obedient humble servant, 
 
 (Signed) W. P. WILSON. 
 
 FRIDAY, DECEMBER 5, 1823. 
 
 About in hour after the trial teas adjourned, I again went to the gaol, and as 
 cdmitttd. Upon entering the yard, the prisoners who were walking up and down 
 retired, and 'ihwtell, who saw meat a smalt distance, left the fire-side, where he was 
 smoking his pipe, came out of the room to meet me, offering his snuff-box, to take 
 a pinch of muff. 
 
 THURTELL. I am very glad to see you, Pierce Egan ; but I was sura 
 you would give me a call before you returned to London. 
 
 EGAN. Yes, I have kept my promise ; and I am happy to say, that now, 
 inconsequence of this adjournment, you will have plenty of time to pre- 
 pare for your trial. 
 
 Thurtell. Yes, I shall ; but I was sure they would put it off; they could 
 not do otherwise. I expected to have seen more persons, I assure you. 
 J recognized lots of the "family people " (smiting). 
 
 E. How did you approve of the exertions made by your counsel? 
 
 Thurtell. Chitty was excellent, but Andrews was flne. His language 
 was so good, that be carried his point with the judge. Here is my de- 
 fence (taking a long roll of manuscript out of his pocket), 1 will read a few sen- 
 tences to you, for your approval. 
 
 E. I should like to hear it. 
 
 [Thurtell then read to me several detached parts of his defence, with strong 
 emphatii, observing such a passage was "beautiful" another was tl fine," and 
 a third "very good."\ But I think, said he, I had better read the whole of 
 it to you, and if you can assist me to improve it, I shall feel greatly 
 obliged to you, as I have more nerve than ability. Write to Mr. Fentoa, 
 Austin Friars. If you send any letters to me here, they will be opened. 
 
 E. If any thing occurs to me, tending to your advantage, I will, 
 without delay, communicate it to your solicitor. 
 
 Thurtell then read the whole of his defence to me with grent animation : bat 
 when he came to the passages which spoke of the piety of his mother, and the 
 wrivertal good character of hit father, his tongue faultered, and he put up 
 his band to wipe his eyes. Indeed, he was very much affected; and I
 
 partook of his sorrow, knowing him under circumstances of a 
 different description. 
 
 E. You have not seen your father or mother for these two or three 
 years past, I suppose ? 
 
 Thurtell. O, yes ; I have, (giving a deep sigh,) it is not seven weeks 
 ago since I dined with them at Norwich, in company with Mr. Jay, my 
 solicitor, at my father's house. 
 
 E. Since you have been at Hertford, yonr father has not been to 
 see you, nor any of your relatives, have they ? 
 
 Thnrtell. No, no ; I could not see my father. My feelings would not 
 permit me : and if he was to come to that gate, (pointing to it) I would not 
 see him. I could not: and I should order the turnkey not to admit him 
 I saw my brother Tom, yesterday ; that was quite enough for my feelings 
 to undergo. I wonder what he has been saying of: but he has no nerve, 
 poor fellow ! He has no strength of mind. 
 
 E. During the time Thurtell was reading his defence, and walking up and dozen 
 the yard, 1 observed to him, That his irons were very heavy, and must be 
 very troublesome to him? 
 
 Thurtell. No, no ; they do not operate on my feelings: the only thing 
 that is disagreeable to me, is being locked up so early as five o'clock 
 in the evening. But Wilson is a tender-hearted, worthy fellow ; yet he 
 does his duty like a man ; and no party can find fault with him. 
 
 E. I am glad to hear you are so well treated ; and I hope you will be 
 able to make it appear " ALL RIGHT" at your trial. 
 
 Thurtell. I shall : I only want two of my witnesses to come forward, 
 and if they have any nerve at all, I shall get through it. After hearing that 
 a murder had been committed in the neighbourhood, do you think E 
 should be such a fool, if I had been guilty of it, to have had a ball in my 
 pocket, and a pistol about me ? I had been shooting some birds, and 
 the blood about my waistcoat pocket was from that circumstance alone. 
 
 E. 1 sincerely hope, Thurtell, you will be able to substantiate in the 
 proper place, what you now assert to be the fact. 
 
 Thortell. I would not attempt to-impose on you in the slightest degree. 
 I did not commit the murder. I declare solemnly to my God, (laying hold 
 of my hand and point ing to the sky,) I did not commit it. I repeat to you, (with 
 great animation,) by the Great God Almighty, before whom perhaps I shall 
 appear in a short time, I did not commit it. But ultimately, I suppose, I 
 shall be convicted ; and if so, it shall all come out ! It is like my right and 
 my left hand trying to hang me ; (indignant beyond description,) two such 
 contemptible, cowardly rascals! wretches! Probert and Hunt; a dis- 
 grace to mankind. But during my trial, (clenching his fat,) I will hit that 
 Probert to death. I will put such questions to him ! Probert has been 
 tried for sheep-stealing, I can prove it. 
 
 E. I hope to God you will be able to clear up your character? 
 ' Thurtell. Probert is one of the worst men alive ! I lent him money to 
 prevent him from starving in gaol : and when I sent to him the other day 
 to get a little from him in return, when [knew he had received fire 
 sovereigns, he sent me two shillings in a snuff-box, which I dashed upon 
 the ground, and had sent back to him. He is such a bad man, so horrid 
 a wretch, that I cannot keep my temper when I speak about him. 
 
 E. Are you out of money, Thurtell ? Can I 
 
 Thurtell. (Stopping me, and whispering into my ear) God bless you, No! 
 But if I had, that wretch Probert would not have advanced any to have 
 kept me from starving. 
 
 E. Did you speak to either of them in court ; or on leaving it ? 
 
 Thurtell. No ! Speak to them, indeed ; but there are two more b 
 
 rogues, and , that ought to be double slanged here ; and so they 
 
 should be, if I thought it would not prejudice me upon my trial. They, 
 too, have used me rascally. In fact, I do not know who to trust. I have
 
 V 32 
 
 had one or two persons call upon me ; and ask me questions that I did 
 not like. Something like a plant upon me: if not, I do not know what 
 they could do it for ? 
 
 E. I hope you will now make the best use of your time, as you have 
 an opportunity of consulting your friends for a month to come, to collect 
 all your witnesses necessary to your defence. 
 
 Thurtell. I shall. But do you think I would have passed so much 
 time in this place, if I had been guilty? No; I would not have lived 
 a week; I would have cut my throat (putting his hand across it); I am 
 not afraid of death, but I am anxious for my family. What have they 
 suffered on mjr account ! (sighing.) 
 
 E. Yes ! Of course they must be afflicted, indeed. As you thought 
 time necessary, I am glad Judge Park yielded to the arguments of your 
 counsel. 
 
 Thurtell. Yes, I feel much indebted to my counsel, and particu- 
 larly to Mr. Andrews : but I should have preferred Holroyd for my 
 judge, he sticks to the legal thing so much; he will have points for his 
 decision. If the judge attacks me for my attachment to sporting, and hit.* 
 me too hard (with great warmth), I shall repeat to him, that if I have erred 
 in these things, half of the nobility in the land have been my examples-, 
 and some of the most enlightened statesmen in the country have been my 
 companions in them. 
 
 E. Let me beg of you to conduct yourself with patience and mode- 
 ration during your trial. 
 
 Thurtell. It is my intention so to do. But my enemies assert I com- 
 mitted this murder for the sake of money; I could have plenty oC 
 money to set up in business to-morrow, if I wanted it. Mr. Springfield 
 was my first overthrow ; because I would not do wrong to my other 
 creditors, and give him an undue preference. 
 
 E. Should 1 meet with Charles Pearson in London, hare you any 
 message for me to deliver to him ? 
 
 Thurtell. Yes ; tell him, I should wish to see him, but I am afraid it is 
 impossible. Poor Charley Pearson! I should have liked much to have 
 had him for my solicitor, he writes so finely and speaks so well. Hi* 
 language is beautiful ; he is a wonderful clever fellow. 
 
 E. Recollect, Thurtell, as I must very soon take my leave of you> 
 whether I can do any thing for you in town or country. 
 
 Thurtell. No, nothing at present. But (with great asperity) I must re- 
 poeat to you, that the conduct pursued by Barber Beaumont towards 
 me has been cruel, nay, unmanly. I never had any intention upon his 
 life. The most barbarous lies have been told about me bringing out an 
 air-gun to kill him. It is true I have killed several bullocks with it; 
 shot them dead in an instant; but I have never had the most distant 
 intention of using it against a human being. 
 
 E. I am sincerely happy, Thurtell, to hear you make this assertion, 
 I must now bid you good by. 
 
 Thurtell. (Following me to the gate, and taking up the chain and knocking 
 against the lock,) I'll show the way to get out. Do not (shaking me by t/is 
 hand) forget to tell all the persons that know me I am in good health and 
 spirits. Come, (taking out his box,) have a pinch of snuff before you go. 
 JJon't be long before you call again. 
 
 The gate opened, and I bade him farewell ; and rejoined Mr. 
 Harmer in the lobby, who at that instant was also leaving Hunt. Mr. 
 Harmer and I then returned to London.
 
 RECOLLECTIONS 
 
 OF THE LATE 
 
 JOHN THURTELL. 
 
 " Then I'll look up ; 
 
 My fault is past ; but, oh ! what form of prayer 
 Can serve my turn ? Forgive me my foul murder !" 
 
 SHAKSPEARE. 
 
 GOD forbid that I should become the apologist of a murderer! I 
 again repeat, God forbid that I should in any way offer to palliate, or 
 in the remotest degree attempt to gloss over, the commission of so 
 diabolical a crime as the recent murder of Mr. WEARE ; who had 
 not time enough to exclaim, I am 
 
 " Cut off, even in the blossoms of my sin, 
 No reckoning made, but sent to my account, 
 With all my imperfections on my head." 
 
 Murder adniits of no palliation ! No cause of revenge can justify 
 the commission of it. All cases of crime portray various shades of 
 guilt; but in no instance do I recollect, during my life, uor in the 
 course of reading the memoirs of numerous criminals, a murder of a 
 more, if of so cold-blooded a nature as the one before me. I think it 
 necessary to make this assertion, that no misconception may after- 
 wards arise respecting my opinion of the late John Thurtell. I also 
 wish it most clearly to be understood, that I am not dazzled by his 
 talents ; I am not to be misled by his fortitude ; "neither am I to be 
 deceived by that contempt of death which he displayed on the scaffold, 
 when on the brink of eternity. I likewise most perfectly join in the 
 verdict given by the jury, and the sentence of the learned judge, that 
 although " the HAND " was not seen which deprived Mr. Weareof his 
 life, yet that John Thurtell was the person who committed the murder. 
 " It cannot but give great compunction to every feeling mind, that a 
 person who, from his conduct this day, has shown that he was born with 
 capacity for better things ; who, according to his statement, received 
 in his childhood religious impressions from a kind and careful mother ; 
 who in his youth served his country without reproach, should, not- 
 withstanding, have been guilty of so foul and detestable a crime. For, 
 notwithstanding your jepeated and confident asseverations of your 
 innocence, I must declare, that such has been the force of the evidence 
 against you, that I am, in my mind, as confident of your guilt as if 
 my mortal eyes had seen the commission of the crime. And I trust 
 that you will not lay that flattering unction to your soul, that the de- 
 clarations of your innocence will avail you here, still less before the 
 all-seeing eye, who searches all hearts, and not add to your misfor- 
 tunes and your guilt by rushing into his presence with a lie in your 
 mouth, and perjury in your right hand/' 
 
 A multitude of opinions have been promulgated respecting the parts 
 taker, in this horrible transaction by Probert and Hunt, Mr. Ruthven, 
 one of the most intelligent and experienced officers of the police 
 belonging to Bow-street, and who first apprehended Thurtell and 
 gives it as hi? pinion, from the ciicumstances of the case ; 
 P
 
 34 
 
 that both Probert and Hunt were upon the spot when the murder 
 w;s commitU -d. Tliat Hunt held the horse belonging to Thur- 
 tell's chaise, and Probert laid hold of the horse's head belonging 
 to his own vehiele ; few horses being to be found that will stand 
 still at the report of a pistol, fired off close to their heels, more 
 especially strange or hired animals. It is true the above opinion is 
 merely conjecture. It has likewise been expressed by the worthy and 
 impartial coroner for Hertford, that if Thurtell had never known 
 Probert, the unhappy criminal would not have forfeited his life to the 
 offended laws of his country fpr the murder of Mr. Weare. 
 
 I first became acquainted with JOHN THURTELL by his occasional 
 visits to the metropolis, about the years 1818 or 1819, by acci- 
 dentally meeting with him amongst other sporting characters, at the 
 various houses in London, kept by persons attached to the sports of 
 the field, horse-racing, and the old English practice of boxing. He 
 was well known to be the sou of Alderman Thurtell, of Norwich, 
 a man of great respectability, of considerable property, and like- 
 wise possessing superior talents. John Thurtell was a bombasin- 
 manufacturer in the above city, at the period I allude to; and 
 viewed as a yoong man of integrity. But whether owing to habits 
 of extravagance, dissipation, or neglect of business, I am not ac- 
 quainted with : he, however, became embarrassed ; and ultimately was 
 made a bankrupt. Thurtel! came to London, it is said, to receive se- 
 veral hundred pounds for goods which he had {sold to a respectable 
 house in the city, and was on his return to pay the money amongst his 
 creditors. On his return from London, an account appeared in most of 
 the newspapers, that he had been attacked and cruelly beaten by foot- 
 pads : but after a most desperate resistance on his part, he was com- 
 pelled, at the hazard of his life, to part with his property to the robbers. 
 It is a well known fact, that he appeared at Norwich terribly beaten, 
 with a black eye, and his head cut in several places. But his credi- 
 tors insisted upon it, that it was a story propagated by Thurtell to 
 deprive them of their property ; and all his assertions to the contrary 
 could not remove the impression from their mind?, that they had been 
 cheated and imposed upon. After this circumstance, it might be 
 said, that his character was gone in Norwich ; and he therefore left it, 
 to be more at his ease, in London. But reports, injurious to his fame, 
 followed him to the Metropolis: business was at an end : and how his 
 time was occupied, it would be, perhaps, difficult to describe. The 
 link of respectability was now broken as a merchant ; and he plunged 
 heedlessly into the dissipated scenes which the great city of London 
 affords to every adventurer: mixing at all hours in all sorts of com- 
 panies ; and visiting without thought or rellexion, houses of every 
 description. He was upon the hunt after knowledge ; i. e. to obtain 
 the title of a leader in the sporting circles : such was his ambition at 
 all events. His acquaintances soon multiplied; and unfortunately for 
 himself and his pocket, Thurtell, like a number of other foolish young 
 men from the country, flattered himself that he was a knowing, clever 
 fellow. It was on this rock that he split. Among the Legs, he was 
 picked up as a good fiat ; and the rolls of country^imseys which he 
 brought with hira to town, were soon reduced to a small space in his 
 pockets. Thes Swell Yokel as he was first termed, before the familiar 
 name of Jack Thurtell was known tohis/w/s, was hailed as a rare 
 customer ; and numbers were on the look out to have a slice of his 
 Hunt : till he was ultimately cut up in so many slices, that not the 
 smallest taste of his property remained. Unhappily for Thurtell, 
 Mr. Weare was one of this number : (he was what is termed in the 
 t porting world a dead nail), a complete sharper: ready at all times 
 to pick up a flat : either to nibble for a sprat, or to tackle a heavy 
 
 jack, Ho spider darted with more eagerness upon ft poor Jiy, than
 
 35 
 
 did the cruelly murdered Weare pounce upon the unwary : with lots 
 of money about him at all times, he was never unprepared : and it 
 would have broken his heart to let a chance go by him. Well- 
 dressed at all times ; particularly neat and clean in his person, and 
 rather gentlemanly in his manners. In short, he was a gamester by 
 profession : and fortunate would it have been for Thurtell, if he had 
 never met with him. 
 
 It is well known in the sporting world, that Thurtell never stood 
 conspicuous on the town as a gambler ; that is to say, possessing a 
 strong penchant for play. Neither rouge et noir nor hazard were his 
 forte ; but he was most passionately fond of boxing. We believe his 
 signature was attached to the articles of the great fight between 
 Painter and Oliver, which took place at North Walsham, about six- 
 teen miles and a half below Norwich, on the 17th of July 1820. 
 Thurtell frequently took great pleasure in relating the above circum- 
 stance, and that he had been the means of collecting together up- 
 wards of 30,000 persons of all ranks, and which had proved of great 
 benefit to the tradesmen of Norwich and surrounding towns. 
 
 At a sporting dinner held at Mr. Gurney's, the Bowling Green at 
 Norwich, previous to the fight between Oliver and Painter, at whicji 
 were present Spring, Oliver, J. Hudson, Purcell, Sampson, Aby. 
 Belasco, Turner, Randall, &c. and numerous amateurs, the following 
 singular circumstance occurred, to John Thurtell. During the time 
 a song was being sung by one of the company, Thurtell, to the great sur- 
 prise of all present, started up from his chair, and seizing by hisjcollar a 
 fashionably-dressed young man, who sat next to him, challenged him 
 with attempting to pick his pocket of his watch. Thurtell saved the seals 
 in his hand, which were broken off his chain in the effort to get it out 
 of his fob. "The young man protested his innocence, and the chairman 
 begged of the company to suspend their judgment till a proper inquiry 
 was made into the subject. Theyoungmanasserteditmusthavebcenthe 
 dog which was laying under the table; but Thurtell persisting in his story, 
 the young man went downstairs followed by Bishop, who examined him 
 as to the nature of the fact, when that experienced officer soon found 
 out the gentleman in disguise was nothing else but a genteel pick- 
 pocket. Thurtell was extremely angry with Bishop for not detaining 
 him. However, in the course of a few days afterwards, Thurtell ac- 
 cidentally passing by the inn, from which the London stages start, 
 espied the above gemman in disguise sitting upon the roof of the 
 coach. Thurtell immediately beckoned the fellow down, and, without 
 further ceremony, pitched into him, and with his right and left hands 
 punished the gemman most unmercifully ; in fact, till he was quite 
 tired of thrashing him. The fellow, with muck sang froid, said, " I 
 hope, sir, your are satisfied now ?" " Yes," replied Thurtell, " 1 am: 
 and you may go to London as soon as you like." " I am obliged to 
 you for your liberality," replied the prig, " I was afraid you was 
 going to quod me." " No," said Thurtell, smiling, " dub law will do 
 for me this time." 
 
 During the same afternoon on which the preceding circumstance 
 occurred, when order was restored, and the song andlrhe glass had been 
 circulated rather freely, some difference of opinion occurred between 
 Abraham Belasco and Thurtell. The former boxer reproached Thur- 
 tell with tampering with his brother Israel to fight ax with the Berg. 
 Larnpton Groom. This so enraged Thurtell, that he offered to nxake 
 Josh. Hudson a present of Five Pounds if he would thrash Beifcseo 
 The jew retaliated upon Thurtell, calling him a " rascal," and- said' 
 
 that he should live to see him hanged !" 
 
 Thurtell, at one period of his life, was attached to theatrical.? ; and 
 of Mr, Kean, were considered very far above mediocrity,
 
 36 
 
 Thurtell was likewise very fond of reciting sentences that operated 
 upon his mind as fine writing or specimens of eloquence. He would 
 frequently burst forth, in fatuilinr company, like some stage-struck 
 hero, and at the conclusion of his heroics ask his companions, if that 
 speech was not delightful ? &c. 
 
 Thurtell, after experiencing a variety of vicissitudes in money 
 matters iti the Metropolis, endeavoured to mend his circumstances, 
 and commenced publican, at the sign of The Black Boy, in Long Acre. 
 His ordinary, at 5 o'clock in the afternoon, was considered cheap and 
 gwod ; and a number of choice spirits in the town handled a knife and 
 fork at his table, and took their glass in the evening, in erder to give 
 the landlord a turn, who at this period of his life was hailed as a jolly 
 good fellow by most of his associates. His bar was rather attractive 
 to his customers ; not merely for the prime liquors it contained, but 
 
 for the appearance in it of the dashing Miss , who officiated in 
 
 the capacity of bar-maid, under the protection of John Thurtell. 
 But he did not continue long in the character of a publicau ; and was 
 again lost sight of amongst that vast body of human beings in the 
 Metropolis, whose broken fortunes compel them to resort to those 
 measures for support, which, under more favourable circumstances, 
 they must despise and condemn. 
 
 Thurtell, it is said, was the favourite son of a doating mother ; and 
 under her peculiar care he passed the first years of his life : indeed, 
 long after his boyhood, until he entered the service of the Marines. 
 In the midst of all his follies and dissipation he spoke of his mother 
 with the most filial affection ; and often and often as he had solicited 
 supplies from her purse, he has been frequently heard to say, " God 
 bless the old woman ! Much as I have drained her pocket, she has 
 had always a dollar or two in store for me." 
 
 That Thurtell was of a good-natured disposition, and ready to 
 serve a person in distress, the following anecdote will speak for itself: 
 He accidently met with Carter, the pugilist, about sixty miles from 
 London, who was much distressed at that time, and endeavouring to 
 make a benefit. Carter wanted soiae novelty to insert in his bill by 
 way of attraction ; but was at a loss for a. star in the pugilistic hemis- 
 phere to produce him a crowded house. " I have it," said Thurtell, 
 smiling, " you shall announce Martin. It is but a week or t.vo since 
 the Master of the Rolls has fought Randall, and that circumstance 
 will render him attractive." " Yes, Mr. Swell," replied the Lan- 
 cashire Hero, " that will do very well ; but how are we to get Martin 
 to come down here." " Nothing so easy," urged Thurtell, " I will 
 personify Martin : nobody knows him here ; therefore the thing is 
 done." This deception had the desired effect; a full house was the 
 result ; and Carter was congratulating himself on his success. But a 
 London rider, who had attended the exhibition, went up to Carter, and 
 in a low tone of voice, said, " That is not Martin : I know Martin very 
 well : you can't deceive me." " Be quiet for a minute," replied the 
 Lancashire hero, " and I'll soon convince you of your mistake. Here 
 Jack (calling out to Thurtell) this gentleman says you are not Martin." 
 4< Do you think (apparently in anger) Sir," said Thurtell, " that one, two 
 upon your nose would convince you of your error before this company ; 
 if not, Sir, you shall have three,four." " O yes," replied the frightened 
 rider, " I perceive my mistake. How do you do, Mr. Martin ? You 
 may depend upon it I shall be silent upon the subject during the re- 
 mainder of the evening." Thurtell and Carter have often related this 
 anecdote with great laughter. 
 
 That Thurtell also was not destitute of charity and benevolence, 
 the following fact will suffice : a person of the name of John Clark, 
 well known in the sporting circles, bad been ill for a Io0g time,
 
 37 
 
 and fresh air was prescribed for him by his physician; a few fi-iends, 
 unknown to Clark, were determined to raise a subscription to send 
 him into the country. Among the number applied to for that purpose, 
 was John Thurtell : at that period, Thurtell was very much distressed 
 in pecuniary matters ; however, he pulled out of his pocket the last 
 half sovereign he possessed in the world, and said to the applicant, 
 " Here, take the half of this : (then recollecting himself) no, no, keep 
 the whole of it Clark is in want of money, and I am sure I shall 
 never be poorer for it." 
 
 Upon witnessing a quarrel, in which the result had nearly been 
 a fight, between Harry Harmer anrt Ned Painter, at the hou.se of the 
 former pugilist, the Plough in Smithfield, and which originated 
 through Thurtell, he felt so much hurt in his mind, that he shed tears 
 in reconciling them to each other. 
 
 In taking leave of a person, a friend of Thurtell's, who was con- 
 sidered at the point of death, he blubbered like a child, until he was 
 rallied by the afflicted person to compose himself. 
 
 When Martin fought Randall, he officiated as second to the former ; 
 but so much respect did he entertain for bis friends at that period, 
 that he begged it as a particular favour, that his name might not be 
 mentioned, and that in the situation he filled in the prize ring he 
 might be designated an amateur. 
 
 Thurtell, viewed as a betting-man, was considered a complete novice 
 among the sporting people ; and whatever knowledge he might have 
 possessed of book-keeping, according to the rule of three, acquired. at 
 school, his betting-book has often proved the source of laughter among 
 his companions ; in short, as a gambler, he had not talents to win, 
 without his luck was ready-made. In some instances, his character 
 was not exactly free from such an imputation. 
 
 The remembrance of his birth and respectable connexions in life, 
 sometimes stole across his recollection with much severity ; he com- 
 plained bitterly of the inserlion of the following article: nay, more, 
 he insisted upon the manuscript being produced by the editor, that 
 be might lay it before his solicitor, in order to ascertain whether it 
 was not a libellous attack upon his character; and that damages 
 might be obtained by law for its insertion : 
 
 TO THE EDITOR OF THE WEEKLY DISPATCH: 
 
 11, Redcross-street, London Docks, Oct. 20, 1821. 
 
 SIR, Having understood by a friend of mine, who (at a late meet- 
 ing of pugilists, at which Mr. Thurtell was present) ottered to make 
 a match for me to fight Martin for one hundred guineas, that Mr. 
 Thurtell was pleased to assert I knew nothing of the pugilistic art. 
 Knowing, as I do, Mr. Tburtell is in the fighting list (having once 
 challenged Mr. T. Belcher), I beg, through the means of your valu- 
 able paper, to state to Mr. T. that I difier in opinion, and to satisfy 
 him, I will fight either him or Martin (who, from an unseen accident 
 in my shoulder, it will be recollected, beat me some time since), for 
 oue hundred guineas a side, within two months; and to add, that my 
 friends are ready to stake fifty pounds for that purpose, at any time 
 and place either Mr. Thurtell or Martin may please to appoint. 
 I am, Sir, yoar obedient servant, 
 
 JOSH. HUDSON. 
 
 P. S. J. H. having once in his pugilistic career had the honour to 
 fight a gent. if he had to choose in this instance, he would prefer 
 Mr. T.'s accepting this challenge, knowing, with due deference to 
 Martia* Mr. T. to be a geni % bvrtk.
 
 38 
 
 During" the time Hickman was in training at Wade's Mill in Hert- 
 fordshire, Thiirtcll not only spent a considerable portion of his time 
 with tliat celebrated pugilist, but also expended large sums of money 
 In. company with the late Mr. Elliot, of sporting celebrity. It was 
 one continued scene of pleasure, hunting, coursing, and sparring. 
 Thurtell was very much attached to the sports of the field. It is 
 truly lamentable to reflect, that in the short space of Thirteen Months 
 the unhappy fate of the above three individuals. Mr. Elliott put a 
 period io his existence, and Hickman met with a melancholy acci- 
 dental death, in falling out of a single horse chaise. 
 
 In consequence of a misunderstanding between Thomas Belcher, 
 the celebrated pugilist, respecting the fight between Oliver and 
 Painter, John Thuriell offered to light Belcher for the large stakes of 
 500/. a side ; and five hundred pountl notes were certainly deposited 
 in the hands of an amateur for that purpose. Belcher declined a 
 public prize battle ; hut at the Fives' Court, shortly after the above 
 challenge took place, Belcher mounted the stage, and observed, " If 
 Mr. Thiirtel! was in court, he requested his attention. It is well 
 known," said Tom, " that I have long since declined prize fighting ; 
 I have a business to mind, and a wife and child to provide for ; but 
 if Mr. Thurtell will come up here, I will set to, with the gloves, with 
 him for any thing he likes, and he that takes the gloves oil' first shall 
 be considered the loser." Thurtle was in the court, but he suffered 
 the remarks of Belcher to pass ever in silence. In consequence of 
 ThurtelPs not accepting Belcher's challenge, the courage of the former 
 was much questioned at the time by his companions. 
 
 Thomas Thurtell commenced business as a bombasin merchant, 
 in Watling street, and his brother, John, was employed to superintend 
 the concern. The abqve premises were burnt down ; and a charge 
 was made against him by the County Fire Office, with an intent to 
 defraud that institution of 2000/ , when the actual loss has been since 
 stated to be not more than 100/. Whether the above fire was accidental, or 
 otherwise, the consequence was truly calamitous. Three houses were 
 burnt down by the conflagration ; and the property of a Mr. Penny, a 
 wine merchant, who was not insured, was destroyed ; as well as the 
 property of another person, whose premises adjoined those of the 
 Thurtells. In order to prevent any improper remarks in the present 
 state of the case, we insert a small sketch of the trial, which took place 
 in the Court of Common Pleas, on Wednesday, June 24, 1823, before 
 Mr. Justice Park : 
 
 THURTELL t;. BEAUMONT. Mr. Serjeant Vaughan stated this case 
 to the jury. It appeared that this was an action brought against the 
 defendant as Managing Director of the County Fire Office, to recover 
 a sum of I ;ni i/. occasioned by a loss arising from the fire in Watling- 
 street, in January last. The defence was, that the property insured 
 had been conveyed away from the warehouse, and then wilfully set on 
 fire. 
 
 Evidence was given by the plaintiff to prove the delivery of goods 
 to that amount, which were on the premises at the time of the fire ; 
 and the brother of the plaint ill', to whom the care of the warehouse 
 had been intrusted, was called to show that on the night in question 
 he had (without his brother's knowledge) deserted his charge, and 
 had visited the Opera in company with a friend, after which he went 
 to the Saloon Coffee House, near the Haymarket, where he stayed 
 until nearly five in the morning; and that when he left that place he 
 proceeded to Charing-cross, where he separated from his friend, and 
 proceeded down the Strand, Fleet-street, Bridge-street, Thames- 
 street, to Garlick-hill, where he slept with a woman whom he kept, 
 and tiat he did not hear of the fire until nearly ten in the morning,
 
 39 
 
 when he was informed of it by a woman who brought some clean lined 
 to the house. 
 
 Mr. Sergeant Lens, for the defendant, called evidence to show that 
 much suspicion, at least, was to be attached to the conduct of the 
 plaintiff's brother ; and to prove that a short time before the fire, he 
 had been mentioning his distressed circumstances to the woman he 
 kept, who said, " Really, if I was you, I would sell off all the goods, 
 and set fire to the warehouse;" on which he replied, " Now, Mary, 
 don't talk so, for if any one should hear you, and such a thing should 
 happen, they would say that I set it on fire." A witness was also 
 called, who swore that he had been asked by him to take a house, 
 get some property into it, insure it, and then, after taking off the fur- 
 niture, to set .fire to the house. On his cross-examination, he said 
 that he had had a dispute with the plaintiff's brother since, and had 
 threatened to tell all he Jtnew,. unless some money due to him was 
 paid. It was also proved, that a short time before the firo the 
 defendant had been in prison for debt, and had petitioned the Court 
 for the relief of insolvent debtors, to permit him to take the benefit 
 of the Act. 
 
 To rebut this evidence, as to the presumption that the house had 
 been wilfully set on fire, the gentleman who had accompanied the 
 plaintiff's brother to the Opera, was called, and he proved that they 
 never quitted each other from seven in the evening until five on the 
 following morning ; and in order to show that the plaintiff was in a 
 condition to make the purchases which had been proved in the former 
 part of the case, a friend of the plaintiff's was examined, whe swore 
 that he had raised for him a sum of above 1000/. to enable him to 
 commence business. 
 
 The learned judge summed up at a very considerable length ; he 
 premised his observations by saying that the Directors, who, he had 
 no doubt, were very respectable gentlemen, had done no more than 
 their duty in submitting a case of suspicion to legal investigation. 
 They were in a manner trustees for the public, and were bound to 
 see that the subject of insurance from fire was not rendered an in- 
 strument of mischief and fraud. In the present case, the defence 
 amounted to a charge of arson on the plaintiff, and the plaintiff's case 
 was entitled to al! that serious consideration which it would have 
 if he were tried for a felony. If the jury had a doubt, he was entitled 
 to the benefit of that doubt. In conclusion, he said the conduct of 
 John Thurtell was certainly the most profligate that could be con- 
 ceived, but unless the jury were convinced that the fire was wilfully 
 occasioned by the plaintiff, or by his procurement, he was entitled to 
 their verdict. 
 
 The jury returned a verdict for the plaintiff to the full amount 
 claimed. 
 
 In the course of the cause, a question haying been put to one of the 
 witnesses by Mr. Serjeant Taddy, who was with Mr. Serjeant Lens, 
 for the defendant, requiring to know when the plaintiff disappeared 
 from Norwich, 
 
 Mr. Justice Park. I think that is not a proper question to put to a 
 witness. To disappear, means, as you have put it, to leave clan- 
 destinely ; now there is no evidence to justify you in putting such a 
 question. 
 
 It fs decidedly the opinion of Thurtell's most intimate friends, that 
 his conduct for the last two years, had been more like a madman than 
 of a rational being; indeed, I have no doubt, at times, he felt keenly his 
 degradation in society ; and that it operated very forcibly upon his 
 feelings. 
 
 During his confinement in Hertford gaol, h* was well-behaved
 
 40 
 
 Upon all occasions, and extremely tractable to the keeper, Mr. Wil- 
 son. Sporting was his principal theme ; and when lie heard that 
 Josh. Hudson had defeated Ward, he jumped up, clapped his hands, 
 and said be was glad of it. Thurtell had appeared as a second in the 
 prize ring several times, but never as a principal. 
 
 Previous to his conviction, he politely refused the consolation of 
 the Rev. Mr. Franklin, the chaplain of the gaol, by excusing himself, 
 that he did not wish to take up his time, as he felt himself certain of 
 an acquittal. But when sentence of death had been passed upon 
 him, to use the precise words of the Reverend gentleman, " a com- 
 plete revolution took place in his mind; and he died like a good 
 Christian." It is true, that Thurtell made no direct and open con- 
 fession, but he did not oppose the justice of his sentence. Neither 
 was it absolutely necessary that Thurtell should have replied in words 
 that he was guilty of the crime he stood charged with ; and a single 
 nod or a squeeze of the hand would have conveyed equally as strong a 
 meaning, as to his committal of the murder. " He did quite enough," 
 said Mr. Franklin, " to convince me that he was not dissatisfied with 
 the verdict." 
 
 The conduct of Thurtell throughout the whole of his imprisonment 
 was very different from what might have been expected from a man 
 committed under the heavy charge of murder. He professed his in- 
 nocence to every person who visited him ; and appeared extremely 
 anxious to remove the dreadful imputation of a MURDERER being af- 
 fixed to his character. He was rather jacctious at times, and even went 
 so far as to joke upon the apparatus that was to deprive him of his life. 
 
 It is rather a singular coincidence exhibited by Thurtell respecting 
 the mode of executing criminals at Hertford, and that he should be 
 the first person to suffer in a manner different from that heretofore 
 practised at that place. The circumstance alluded to is this : One 
 day, while conversing with Mr. Wilson, Thurtell jocosely said," Why, 
 I understand that when you round (hang) people here, you put them 
 in a tumbler (cart), and send them out of the world with a gee-up, gee-ho, 
 and I suppose my ears will be saluted with a smack of the whip ; but 
 this is rather an old fashioned and ungentlcmanly way of finishing a 
 man." Probably this anecdote was communicated to the Magistrates 
 of the, County, and they determined to accommodate him by ordering 
 a new drop gallows to be erected and allowing him to hansel it. 
 
 When lluthven first apprehended Thurtell, he was in bed ; 
 and, with the utmost coolness, he observed, " is that you, Jack ?" 
 He, however, complained of being hand-cuffed, and said, " it was 
 not usual to be served so for such a trifling charge." " Yes, it is," 
 replied Ruthven ; " you was never apprehended on such a charge 
 before." Previous to quitting the room, Ruthven observed a spot of 
 bloed en Thurtell's coat; " Stop !" said the officer, "you must put 
 on another coat, I must have that under my care." Thurtell instantly 
 complied with the officer's request ; but, according to Ruthven's 
 statement, " dropped down on himself," which perfectly satisfied the 
 officer he was implicated in the dreadful charge made against him. 
 
 In company, Thurtell was not of a talkative disposition ; indeed, he 
 was more reserved than otherwise, till he became quite familiar with 
 his acquaintance. The talents he displayed during his trial, and the 
 becoming fortitude he exhibited at the place of execution, have been 
 the astonishment of all his friends : Thurtell not having been consi- 
 dered to have possessed, in his intercourse with society, either of these 
 requisites above mediocrity. He was under thirty years of age, stand- 
 ing about five feet ten inches in height ; very strong, but not con- 
 sidered elegantly proportioned. His countenance was rather hard, 
 yet upon the whole his general appearance was
 
 41 
 
 farmer. It is singular, but strictly true, his person improved con- 
 siderably during his confinement in Hertford gaol ; but it was owing 
 to his regularity of living. In any other case but that of MURDER, 
 John Thurtell would not have wanted friends nor advocates to 
 apologize in some degree for his follies ; but the bare mention of 
 murder is so appalling, so freezing with horror, that every individual 
 shrinks from the sight with disgust and terror. He has however for- 
 feited his life to the outraged laws of humanity, and the ends of jus- 
 tice are satisfied as to JOHN THURTELL. I received his last nod, or 
 token of remembrance in this world ; and I hope I shall not be de- 
 spised when I acknowledge that Christian charity teaches me to pity 
 his misfortunes ; to drop a tear over his errors and crimes ; and to 
 conclude with the words of the learned judge, " May God in his in- 
 finite mercy grant him the favour of his indulgence." 
 
 The following sketch of Thurtell I am informed, is from the pen of 
 Mr. HAZLITT, which appeared in the New Monthly Magazine of 
 February 1822, immediately after the battle between Neat and 
 Hickman : 
 
 THE FIGHT. 
 
 " The fight, ihcfght 's the thing, 
 
 Wherein I'll catch the conscience of tie king." 
 
 " The mile-stones disappeared one after another, the rain kept off; 
 Tom * Thurtell, the trainer, sat before me on the coach-box, with whom 
 I exchanged civilities as a gentleman going to the fight ; the passion 
 that had transported me an hour before was subdued to pensive regret 
 and conjectural musing on the next day's battle ; I was promised a 
 place inside at Reading, and, upon the whole, I thought myself a 
 lucky fellow. Such is the force of imagination! On the outside of 
 any other coach, on the 10th of December, with a Scotch mist drizzling 
 through the cloudy moonlight air, I should hare been cold, comfort- 
 less, impatient, and, no doubt, wet through ; but seated on the Royal 
 mail, I felt warm and comfortable, the air did me good, the ride did 
 me good, I was pleased with the progress we had made, and con- 
 fident that all would go well through the journey. When I got inside 
 at Reading, I found Thurtell and a stout valetudinarian, whose cos- 
 tume bespoke him one of the FANCY, and who bad risen from a 
 three months' sick bed to get into the mail to see the fight. They 
 were intimate, and we fell into a lively discourse. My friend the 
 trainer was confined in his topics to fighting dogi and men, to bears 
 and badgers ; beyond this he was " quite chap-fallen," had not a 
 word to throw at a dog, or indeed very wisely fell asleep, when any 
 other game was started. The whole art of training (I, however, learnt 
 from him J consists in two things, exercise and abstinence, abstinence 
 and exercise, repeated alternately and without end. A yolk of an egg 
 with a spoonful of rum in it is the first thing in a morning, and then 
 walk of six miles till breakfast. This meal consists of a plentifu 
 supply of tea and toast and beef-steaks. Then another six or seven 
 miles till dinner- time, and another supply of solid beef or mutton with 
 a pint of porter, and perhaps, at the utmost, a couple of glasses of 
 sherry. Martin trains on water, but this increases his infimity on ano-. 
 the* very dangerous side. 
 
 " Follows so the ever-running sun, 
 
 With profitable ardour " 
 
 " .1.1. __^ > ^^___^ 
 
 * JOHN. 
 at that period.
 
 42 
 
 " The invalid in the Bath mail soared a pitch above the trainer, 
 and did not sleep so sound, bceause he had " more figures and more 
 fantasies." We talked the hours away merrily. He had faith in sur- 
 gery, for he had had' three ribs set right, that had been broken in a 
 turn-up at Belohcr's, but thought physicians old women, for they had 
 no antidote in their catalogue for brandy. An indigestion is an ex- 
 cellent common-place for two people that never met before. By way 
 of ingratiating myself, I told him the story of iny doctor, who, on my 
 earnestly representing to him that I thought his regimen had done me 
 harm, assured me that the whole pharmacopeia contained nothing 
 comparable to the prescription he had given me; and, as a proof of 
 its undoubted efficacy, said, that " he had had one gentleman with 
 my complaint under his hands for the last fifteen years." This 
 anecdote made my companion shake the rough sides of his three great 
 coats with boisterous laughter ; and Thurtell, starting out of his sleep, 
 swore he knew how the fight wouTd go, for he had had a dream about 
 it. Sure enough the rascal told us how the three first rounds Went off, 
 but " his dream," like others, " denoted a foregone conclusion." He 
 knew his men. The moon now rose in silver state, and I ventured, 
 with some hesitation, to point out this object of placid beauty, with 
 the blue serene beyond, to the man of science, to which his car he 
 " seriously inclined," the more as it gave promise d'un beau jour for the 
 morrow, and showed the ring undrenched by envious showers, arrayed 
 in sunny smiles. 
 
 " Modesty should accompany the Fancy as its shadow. The best 
 men were always the best behaved. Jem Belcher, the Game Chicken 
 (before whom the Gas-man could not have lived) were civil, silent 
 men. So is Cribb, so is Tom Belcher, the most elegant of sparrers, 
 and not a man for every one to take by the nose. I enlarged on this 
 topic in the mail (while Thurtell was asleep), and said very wisely 
 (as I thought) that impertinence was a part of no profession. A boxer 
 was bound to beat his man, but not to thrust his fist, either actually 
 or by implication, in every one's face. Even a highwayman, in the 
 way of trade, may blow out your brains, but if he uses foul language 
 at the same time, I should say he was no gentleman. A boxer, I 
 would infer, need not be a blackguard or a coxcomb, more than 
 another." 
 
 JOSEPH HUNT. 
 
 Of the above person, who has so recently escaped the effects of 
 the rope, and deprived the gibbet of exhibiting a picture of" FOLLY 
 and INFAMY," " little is but known" beyond the circle of his com- 
 panions : and perhaps, " the less the better !" If he had not been 
 known at all, society would have benefitted by his absence ; in- 
 deed, the recollection of such a character, makes even the bad man 
 tremble, and terrifies the good one beyond description ! It is 
 scarcely possible to conceive, what sort of feelings could exist in the 
 breast of Hunt, to have made up his mind to sing to a company, 
 when he was certain a MURDER had been committed by one of the 
 party. His levity did not desert him while RUTHVEN was conveying 
 him from Bow-street to Hertford ; as he indulged himself with seve- 
 ral airs during his journey. For the last nine or ten years of his life, 
 Hunt was well known in the neighbourhood of Charing Cross amongst 
 the stage coachmen; and at one period of his life, had the character 
 of being a good natured, but a foolish fellow. His song was his prin- 
 cipal recommendation in company: but his conversation was con- 
 sidered illiterate, and at times disgusting. It is with feelings of re- 
 gret, that we haye to state/ that Hunt j brother to a moat respect-
 
 43 
 
 able man, who was a principal singer, about two years ago, at 
 Covcnt Garden Theatre. A short time since, Joseph Hunt kept the 
 Army and Navy Coffee House, in St. Martin's Lane ; or more properly 
 speaking, he was rather put in " to take care of it, while the pro- 
 rietor was in durance vile." His career as a landlord soon termi- 
 nated ; and his " Refulgent blacking shop" was quickly shut up. 
 He married a respectable woman: but his love of dissipation, added 
 to indolent and lazy habits, ultimately proved his overthrow. Hunt 
 will now have to repent at his leisure, his sentence being commuted 
 to transportation for life. 
 
 PROBERT. 
 
 If character has any weight in society, the one given of Mr. Probert, 
 by the Judge, in his address to the jury, we trust, will suffice: 
 " With respect to the man Probert, I think it necessary to declare, 
 in ibs outset, that a more INFAMOUS CHARACTER never pre- 
 sented himself in a court of justice. The testimony of the respect- 
 able solicitor, who declared, that he would not believe Probert upon 
 his oath, unless, as he judicially added, confirmed by other evidence, 
 does not make Probert half so INFAMOUS as his OWN TES- 
 TIMONY has made himself; since it is more wicked to conceal 
 the death of a murdered friend, than to have committed perjury be- 
 fore the Commissioners of Bankrupts." If any thing more is wanting 
 to be known about such aruffian, Probert originally was a clerk to 
 Mr. Bramwell, a wine-merchant, in extensive business at Pimlico. 
 Soon after his marriage he commenced business on his own account, 
 as a wine merchant, taking apartments at the house of Mr. Lambert, 
 silversmith, in Coventry-street, Piccadilly, and opening extensive 
 wine-cellars in the Ha} market, where he continued till the middle of 
 1818, carrying on his business with apparent credit. He removed 
 from thence to No. 112, High Holborn, into the premises now occu- 
 pied by Mr. Kleft, the oil-merchant, and where he remained rather 
 more than twelve mouths, when his circumstances becoming insol- 
 vent, he appeared in the Gazette as a bankrupt towards the end of the 
 year 1819. He failed for 22,000/. Probert, before his bankruptcy, 
 kept a very elegant establishment, and was perpetually driving about 
 town in his tilbury, attended by a servant lad in livery. During his 
 confinement in the King's Bench Prison, he robbed the till belonging 
 to the Coftee-house ; for which theft he was committed to the House of 
 Correction, at Brixton, for six months, and underwent the punishment 
 of the tread-mill ! ! ! 
 
 MR. W. WE ARE. 
 
 Mr. Weare was generally believed to be a man of property, but his 
 time was filled up between the table and the sports of the field. He had 
 no regular occupation. He was fond of sporting, and would go any dis- 
 tance for a day s shooting. He had some good dogs, which he occasion- 
 ally kept in Lyon's-Inn, where he was eften seen airing them. Bil- 
 liards was a favourite game with him, and he played well. He had a 
 great distrust of banks, and kept his money about his person a circum- 
 stance which perhaps led to the attempt on his life. Some time ago Mr. 
 Noel, his solicitor, induced him to open an account at Morland's, and he 
 lodged 5007. He could not be satisfied, however, and drew the whole out 
 to keep it in his own possession. He was paying his addresses to a young 
 lady living at Bayswater, who had 300/. a year in her own right, and 
 there was every probability of a union. It was in consequence of his 
 having agreed to make a call on this lady pi* the Friday evening, that h
 
 44 
 
 appointed to meet John Thurtell at Tyburn-turnpike. He was always 
 remarkably neat in his dress. His elder brother is a highly respectable 
 seedsman at Coventry, and he has another brother, a tailor in the Bo- 
 rongh. It was the latter brother that attended the funeral, and he was so 
 deeply affected as to be unable for some time to rise from the grave. It is 
 believed the booty was more than has been admitted. 
 
 The unfortunate deceased was well known among the frequenters of 
 the houses of play. He was slow and cautious in his play at the tables, 
 and from his systematic course of action was deemed to have been very 
 successful. It is supposed that it was this uniform success, and some late 
 winnings from John Thurtell, which excited the revenge to which he 
 fell a victim. Mr. Weare was in the habit of carrying, in a pocket inside, 
 and attached to his flannel shirt, a considerable sum of money, to meet 
 the possible exigences of play (if circumstances should prompt him to 
 pursue his speculations,) in the event of* his losing the ordinary sum 
 with which he sat down at the table. Upon finding, therefore, (as it is 
 presumed), that his outside pockets were only supplied with his usual 
 travelling sum, the murderer or murderers must have cut away the 
 clothes in the hope of getting at the supposed concealed capital he was 
 sometimes known to carry within his flannel shirt, but which, it is 
 thought, he did not carry into the country on the night of the murder. 
 
 Weare was extremely penurious, and generally carried from 500/. 
 to 1000/. about his person. 
 
 riius. 
 
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