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were falsely stated of the King, or of any subject in the realm, that he was afflicted with mental insanity, the party publishing such statement, would be acting criminally. On this point, he had no doubt. The question then was, had the paper in question promulgated such a statement regarding his Majesty and that was the question of fact which the law very properly left to the jury. But he would observe, if it were a libel to make any

tentional, unless he shew to the contrary.

The jury again retired, and at a quarter to six, returned a verdict of Guilty against both defendants.

The foreman. My Lord, we recommend the defendants to mercy.-The Chief-Justice: I shall take a note of it, gentlemen.

such statement falsely against a pri- CORONER'S INQUEST ON THE MURDER

vate individual, that it was a still greater libel to publish such a statement against the highest executive authority in the country. In cases of libel, in particular, it was the custom of the judge to express to the jury his opinion of the publication. He had ever done so since he had had the honour of a seat on the bench, and he would do so now; and he, therefore, had no hesitation in declaring his opinion to be, that the publication was a criminal libel. But, at the same time, he must tell the jury they were not bound to act upon his opinion. They were calmly to exercise their own judgment; and if, after considering the matter calmly, they should arrive at a conclusion, they must, without looking to consequences on either side, give their verdict; for the best blessing which an Englishman could enjoy, consisted in the sound and constitutional discharge of the duty of ju

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OF MR WEARE.

Elstree, 1st November.

The jury were impanelled.-The new sack in which the body was found, was then produced before them, and laid on the table. It was split from top to bottom, and at the bottom there was a large stain of blood-this was where the head had rested. A plan of Probert's cottage and grounds was then produced. It was neatly execu ted, and gave a complete key to the circumstances which were detailed by the witnesses.

Charles Lewin, of Watford, winemerchant, was called. In conse quence of information he received, he went with Mr Johnston to search for the body. They arrived at a pond called Hill-slough, on the road to St Alban's, in the parish of Elstree, on the right road as you go to St Alban's. After searching for five minutes, a lad der was got, and the body was found. A sack was over the upper part of the body, and the legs were naked;-the mouth of the sack was tied round with a cord, at the end of which was tied a piece of stone, and a handkerchief filled with stones, to prevent the body from floating. There were stones also in the sack.

Mr George Jones, of Stanmore, was present when the sack containing the body of the deceased was cut open.

The hands were crossed on the chest under each arm-pit was a large flint stone. The legs were also crossed and confined with a cord, which secured the sack round the body. There was a red shawl handkerchief round the neck of the deceased.

Mr Heward was then called in. He stated that he was the proprietor of the cottage occupied by Probert at Gill's-Hill; it was a leasehold, and he let it furnished; witness lives at 68, Hatton-Garden; knew Probert for four years; on Wednesday last, had Probert's goods seized for rent. He had heard something of this affair, and therefore he made the seizure. Witness saw a carriage in the yard of the cottage on the Tuesday morning before he had the seizure made, and understood Probert was going to move. Witness was in the house on the Sunday after the murder. He saw a person at the kitchen door on that day; he believed, from description, that it was Hunt; he was brushing his coat. Witness, on the same day, went with Probert to Mr Nicholls's. They were in conversation about the house, when Mr Nicholls said—" By the by, Pro. bert, do you know anything of a gun going off in the night, down your lane the other night? I suppose it was some of your friends got groggy, and fired a pistol to alarm some one going by. I have done the same thing in my younger days." Probert said he did not know anything about such a circumstance. Do you not recollect anything being said that night about filling up a pond in the garden? On recollection, witness remembered something was said about filling up the pond; and he said they ought to drag it first, as there was a good stock of fish there. There was some large fish there, for he had put some weighing a pound three years before. After they talked about the fish, Philip Smith said, that on Friday night, about half past eight,

as he was going along the lane with his wife and a Mr Osmond, he heard a gun go off, and afterwards groans, and would have gone to see what it was, but his wife would not let him. He described the groans as violent, and said he stopped and listened till he heard the last of them. Three or four minutes might have elapsed before he heard the last groan. When the conversation finished, Mr Nicholls said, "I thought it was a joke, but now I think it was something more serious." Probert was present the whole of this time, but said nothing particular; he denied all knowledge of the affair. Witness afterwards returned to Probert's house, and he said to him, as they walked along the road, what is all this about? and Probert said, "I don't know." On the same day, he saw John Thurtell, and two other persons, come toward Probert's house; one of them was Mr Noyes, and the other he supposed to be Mr Thomas Thurtell, as he had heard he was expected. John Thurtell and Noyes were in a gig, the other was walking. Supposed they all came together. Witness then retired, and saw Hunt; he could not swear to him. The person he saw was a black-whiskered

man.

The Coroner said, the prisoner Hunt had large black whiskers at that time, but he admitted he has since shaved them off.

The witness thought it was a black coat the man he saw was brushing. Nicholls, as well as Smith, said on the Sunday, that it was a gun they heard go off. Nicholls did not say he had a pistol and a knife in his possession. Witness believed he said he had been to the spot in the lane, and saw some blood, but he did not make the slightest allusion to the pistol, which since appeared to have been then in his possession. He said something of the hedge being broken. On Tuesday

morning, witness met Mr Philip Smith in one of his fields. Witness was shooting. Mr Smith said, "he believed there was something more serious in what they had been talking about_on Sunday." Why? said witness. "Because," said he, "I have been at the place again, and have seen some blood, and the hedge is broken, as if a body had been dragged through; besides, a pistol and a knife were found."-"A pistol!" said witness, in surprise, and Smith answered in the affirmative. Witness then said, " Good God! how could you keep it a secret?" Smith added, that it could not rest now; and on witness asking where the pistol was, he said he supposed the Magistrates had got it by that time.

A long discussion took place, as to the footing on which Hunt's confes sion was to be received; and he was told that it was without any pledge of favour or pardon.

Hunt-I perfectly understand, and I shall tell the whole truth. He then gave the following statement, in a cool, collected, and precise manner, occasionally sighing heavily, as he paused for it to be written down.

In consequence of an indictment against John Thurtell, and Thomas Thurtell, for defrauding the County Fire Office of 1900 and odd pounds, Thomas and John Thurtell left the Cock Tavern, in the Haymarket, and took their residence at a Mr Tetsell's (the Coach and Horses) in Conduitstreet, Bond-street. I was invited to dine with them. I called there on the Friday morning, when John Thurtell invited me to take a walk. I walked with him as far as High-street, Marylebone. We stopped at a jeweller's shop; while we were looking there, John Thurtell observed a pair of pis. tols, which he said he would go and look at, for he wanted to purchase some. They were marked 17. 17s. 6d. John Thurtell observed, he wanted

them to kill cats, and paid for them 1l. 5s. From there we returned to the Coach and Horses, and dined. John Thurtell asked me after dinner, if I knew where I could get him a gig. He gave me 17. 10s. for the gig, for which I paid 11. 5s. He told me not to say that the gig was going to Hertford, but to Dartford. I returned with the gig to the Coach and Hor ses, about a quarter before five. John Thurtell immediately got into the gig, said he could not wait any longer, as he had a gentleman to meet. After he was gone, Mr Probert said to me, as John Thurtell 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 evening, Mr Probert's gig was brought to the door of the Coach and Horses. I took a seat in his 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 purchased a loin of pork. We proceeded from there as far as a Mr Harding's, a publican in the Edgeware-road, where we had a glass of brandy and water. From there 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. We had but 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 Field said he should be very happy to hear one.

Mr Probert wished me to sing a verse, but I declined. We proceeded from this house about a quar ter 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, and we would make the best of our way to the cottage. 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; take it into the kitchen, and desire the cook to dress it immediate ly." I 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, "I have killed that that robbed me of 300l. at blind hookey." (A game at cards.) "Good God!", said Mr Probert," John, surely you have not been guilty of so rash an 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 shew 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 I brought down having been cut into chops. I eat five chops, and so did Mr Probert. John Thurtell 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 Probert and myself if we would accompany and assist him in carrying the dead man. During this time, Mrs Probert was gone to bed. John Thur

tell 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 that is the case, Hunt, that John Thurtell has murdered the man, it will, ultimately, be the ruin of me and my family."-After this conversation was over between me and Mr Probert, John Thurtell returned, saying, "This is too heavy for me; and if you won't 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 the second time, went into the parlour, and he said to me, "Hunt, this 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?—I observed to Mr Probert, You may do as you please about going to bed; I shall not go to bed, as I am confident I shall not be able to sleep, after having heard this horrid account from John Thurtell. 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." Me and Mr Probert, and John Thurtell, went to the pond, where we saw the toes of a man, or we had at least every reason to believe it was a man, according to his own statement. John Thurtell then got a line, or rope, and threw it round the feet, then dragged it to the centre of the pond. John Thurtell then said to Mr Probert," Don't give yourself a moment's uneasiness, the man shall not remain here long. You well know, Probert, that I would not do anything 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 armchair. Next morning, after breakfast, Mr Probert said, "You are going to town," to me and John Thurtell, but I 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 dinner." We then left the cottage, and went to London. I left John Thurtell at Mr Tetsell's (the Coach and Horses) with his brother Thomas. On Sunday morn ing we left Mr Tetsell's in a horse and gig, taking with us a piece of roast beef and two bottles of rum. John Thurtell said to me, when we got as far as Tyburn, "My brother Tom is a-head, and Thomas Noyes." (Thomas Noyes 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 the 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, leaving me and Thomas Thurtell in it, to make the best of our way to the cottage, in order that Thomas Thurtell might put Mr Probert's horse into his gig to fetch J. 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 Probert's put in. After Thomas Thurtell was gone to fetch 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

to

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 gen tleman, whose name I do not know, but I believe him to be the gentleman that owns the estate, came in. Tho mas Noyes, the Thurtells, 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 went to the stable to see the horses. We then had supper. J.Thurtell, myself, Thomas Noyes, and Mr Probert, sat up until about half past one o'clock. Mr Probert and Thomas Thurtell then went to bed, leaving me, John Thurtell, and Noyes up. About half an hour after they were gone bed, Thomas Noyes followed, leaving John Thurtell and myself in the parlour. John Thurtell desired the ser vant to bring in some coals. I said to John Thurtell, I shall lay 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 lay down, pulling my great-coat over me. About half past six in the morning the servant came into the room. John Thurtell asked if the boy Jem was up. The servant said, No, and it was a great shame that her master, Mr Probert, should keep such a boy as him in idleness. During this time Mr Probert came down stairs, and the boy followed. He desired the boy to put the horse in his own gig, which was done immediately, and Thomas Thur tell and myself came to town, bringing with us the boy they called Jem When we got as far as the Bald Faced Stag we breakfasted. From thence we went to Mr Tetsell's, where Thomas Thurtell was informed, that the bail

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