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 inan. 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 strength 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 doublebarrelled 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 he was apprehended, even on the Wednesday after the murder, he had not been able to efface all the marks from 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 Thurtell. Next as to Hunt. He was charged as an accomplice 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 to Mrs. Probert and her family; he was not expected at the cottage. There was not for him, as there was for Thurtell, an apology for his visit. He hired a gig, and he procured a sackthe jury knew to what end and purpose. They would also bear in mind, that the gun, travelling-bag, and backgammonboard, were found in his lodging. These constituted a part of the plunder of Mr. Weare, and could only be possessed by a person participating in this crime. Besides, there was placed about the neck of Probert'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 con nected with it. His great anxiety was, not to state that which he did not firmly believe would be borne out by evidence. One circumstance 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 show belonged to Mr. Weare. After Thurtell was apprehended, and Hunt had said something on the subject of this trans action, an officer asked Thurtell what he had done with the watch? He answered that, "when he was taken into custody, he put his hand behind him, and chucked it away." Thurtell also made another disclosure. He said, when questioned, "that other persons, near the spot, were concerned in it, whom he forbore to mention." As to Thurtell, the evidence would, he believed, clearly prove him to have been the perpetrator of the murder; and with respect to Hunt, it was equally clear that he was an accessory before the fact. I have to the best of my ability given you the circumstances as detailed by Mr. Gurney, and have omitted his preliminary remarks and observations as to evidence. You have now the case before you as it was made out by the witnesses, whose examinations therefore I shall suppress-with the exception of those of Mr. and Mrs. Probert, which are too interesting and curious to allow of omission. Before I come to these, however, I must have your leave to describe a few of the witnesses, and to relate the effect which occasionally I remarked their evidence to have upon the prisoners. The officers and constables gave their accounts plainly, firmly, and ungrammatically, as gentlemen in their line generally do; and Mr. Ward, the surgeon of Watford, described the injuries of the deceased in a very intelligent manner, in spite of Mr. Platt, whose questions might have pozed the clearest heads. When Ruthven was called, there was a great stir in the court, as it was known that he had in his possession several articles of great interest. He took his place in the witness box, and in the course of his examination deposited on the table a pistol, and a pistol-key, a knife, a muslin hand-a shirt, kerchief spotted with blood,similarly stained; and a waistcoat, into the pockets of which bloody hands had been thrust. A coat and a hat marked with blood were also produced. These all belonged to Thurtell, and he looked at them with an eye of perfect indifference. Ruthven then produced several articles belonging to the deceased, the gun, the carpet bag, and the clothes;there was the shooting jacket, with the dog-whistle hanging at the button hole, the half dirty leggings, the shooting shoes, the linen: and yet the sight of these things had no effect on either of the prisoners. Symmonds the constable, when sworn, took from his pocket a white folded paper, which he carefully undid, and produced to the court the fatal pistol with which the murder had been committed. It was a blue steel-barrelled pistol, with brass about the handle; the pan was opened, as the firing had left it, and was smeared with the black of gunpowder and the dingy stain of blood. The barrel was bloody, and in the muzzle a piece of tow was thrust, to keep in the horrid contents, the murdered man's brains. Against the back of the pan were the short curled hairs, of a silver sabled hue, which had literally been dug from the man's head: they were glued to the pan firmly with crusted blood!-This deadly and appalling instrument made all shudder, save the murderers, who on the contrary looked unconcernedly at it, and I should say their very unconcern, when all others were thrilled, was guilt! Thomas Thurtell, when called, seemed affected-and his brother seemed calm. Miss Noyes was very plain and very flippant. Rexworthy, the billiard-table keeper, spoke of his dead friend with great decision; but the brother of Weare was truly shocked, and his sincere grief exposed the art and trickery of many serious and hysterical witnesses. The landlords were all thoroughbred landlords, sleek, sly and rosy. Mr. Field of the Artichoke, with a head which Rexworthy could have cannoned off, was a very meek kindly tapster. His little round head, with a little round nose to suit, a domestic nose, that would not quit the face, with a voice thin as small ale, was right pleasant to behold. The ostlers were rather overtaken,-all except he of the stable in Cross-street, Jem Shepherd, a thin, sober, pert fellow, who said all he knew clean out. Old John Butler, of the Bald Faced Stag, had steadied himself with very heavy liquor, and he contrived to eject his evidence out of his smock frock with tolerable correctness. Dick Bingham, another hero of the pitchfork, was quite undisguised, and he seemed to be confident and clear in proportion to the cordials and compounds. Little Addis, Probert's boy, was a boy of uncommon quickness and pretty manner. He was a nice ingenuous lad. When you saw his youth, his innocence, his pretty face and frankness, you shuddered to think of the characters he had associated with, and the scenes he had witnessed. His little artless foot had kicked up the bloody leaves; he had seen the stains fresh on the murderer's clothes. His escape from death was miraculous! The cook, Susan Woodroofe, had no prepossessing appearance. She had no great skill too in language. like Dan in John Bull, who when asked if he ever deviated, said—No! he always whistled :—she in speaking of the supper, when Mr. Bolland asked her if it was postponed! she replied-No! It was pork! When Probert was called, he was ushered through the dock into the body of the court. The most intense interest at his entering the witness box was evidently felt by all persons, in which indeed even the prisoners joined. Hunt stood up, and looked much agitated:-Thurtell eyed the witness sternly and composedly. Probert was very well dressed; and had a pair of new gloves on. He did not seem the least ashamed of his situation, but stood firmly up to answer Mr. Gurney, who very solemnly prefaced his examination, with charging him to tell the whole truth. The face of Probert is marked with deceit in every lineament. The eyes are like those of a vicious horse, and the lips are thick and sensual. His forehead recedes villanously in amongst a bush of grizzly black hair-and his ears project out of the like cover. His head and legs are too small for his body, and altogether he is an awkward, dastardly, and a wretchedlooking animal. He gave the following account with no hesitation, or shame, and stood up against Mr. Andrewes's exposure with a face of brass. Indeed he seems to fear nothing but 1824. death or bodily pain. His grammar was very nearly as bad as his heart! 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 Miss Noyes lived with us. In October also I had some children of Thomas Thurtell's, two-none T. Thurtell is a brother of of my own. 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 cottage, and all the roads thereGill's-hill-lane, in which abouts, well. my cottage was, was out of the high road to St. Alban's, at Radlett; my cottage was about a quarter of a mile from my high road. My regular way to the cottage would be to go along the high road through Radlett; there was a nearer way, but that was my usual way. My cottage was fourteen miles and a quarter from Tyburn turnpike. In the latter end of October, the week in which this happened, the prisoner, John Thurtell, lodged at Tetsall's, the Coach and Horses, in Conduit-street; Thomas Thurtell lodged there also. They were there every day that week. On Friday the 24th, I dined at Tetsall's with John Thurtell and Hunt; Thomas Thurtell and Noyes were there also. After dinner, Thurtell said something to me about money. Four days previous to the 24th, I borrowed 10. from John Thurtell; he then said, you must let me have it back on the Thursday or Friday; on the Thursday I saw him at Mr. Tetsall's, and he asked me if I had got the 107.; I told him I 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 300l. out of my pocket; but if you will let ine have it to-morrow, it will answer the same purpose. On the next day (Friday) I paid him 51. I borrowed 5. of Mr. Tetsall; that was after dinner. He then said, I think I shall go down to your cottage to-night; are you going 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 comes 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 not go down, give Hunt a pound-which I did. Hunt had just come in, and Thurtell said, "There, Joe, there's a pound; if Probert don't come, hire a horse, you know where to stop for me.' know that Hunt made any answer; 1 gave him twenty shillings in silver; Thurtell 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 off to go in my own gig; I took Hunt with me. When I came to the middle of Oxford 93 I do not street, Hunt got out of the gig to purchase ware. We We had a glass of brandy and water. I should think we did not stop ten We minutes; we went into the bar. stopped a little further in Edgware; and bought half a bushel of corn; I was out of corn at home; I put it in the gig. We Hunt then said, "I wonder where Thurtell is; he can't have passed us.' then drove on to the Artichoke, kept by Mr. Field. We got there within about eight minutes of eight. Neither I nor Hunt got out. We had four or five glasses of brandy and water, waiting for the express purpose of Thurtell coming up; we thought we heard a horse and chaise, and started; I think we stopped more than three quarters of an hour at Elstree. went about a mile and a half, to Mr. Phillimore's Lodge, to wait for Thurtell. Hunt said, I shall wait here for John Thurtell, and he got out on the road. I drove on through Radlett, towards my own cottage; when I came near my own cottage, within about a hundred yards, I met John Thurtell; he was on foot; he says "Hallo! where's Hunt?" I said I had left him waiting near Phillimore's 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 four hundred pounds!" I said, "Good God! I hope you have not killed the man?" and he said "It's of no consequence to you, you don't know him, nor you never saw him; do you go back and fetch Hunt, you know best 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 and Hunt said, up," John Thurtell is at my house-he has killed his friend;' "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 done the trick-I have done it; Thurtell said, "What the devil did you let Probert stop drinking at his d-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 immediately; 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. Nichols'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 witness); I can't say that is the shawl. Thurtell searched the deceased's pockets, and found a pocketbook 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 then put into a sack, head foremost; the sack came to the knees, and was tied with a cord; it was the sack 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."" 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 returned to the house and supped. In the course of the evening, after supper, John Thurtell produced a handsome gold watch; I think double cased; it had a gold chain attached to it. 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 accepted 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 pocketbook, a purse, and a memorandum-book; the purse contained sovereigns; I can't say how many. He took 15. in notes from the pocket-book, and gave Hunt and myself a 5. 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 and put in again; I think two or three silk handker chiefs 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, Thurtell said, “I mean to have Barber Beaumont and Woods;" Barber Beaumont is a director of a fire office with which John Thurtell had some dispute; Woods is a young man 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. Thurtell said to Hunt, "We must now go out and fetch the body, and put it in 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. Thurtell said, "Had it not been for the mistake of Hunt I should have killed him in the other lane, and returned to town and inquired 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, and left Hunt waiting near the gate. Thurtell's horse was brought out, and Thurtell and I went 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. 1824. The man's feet were perhaps half a foot in a gig. Hunt brought a new spade I am able, on pretty good authority, to hand you the following statement as made by Probert, previously to his being admitted evidence. You will see how he has softened the blasphemy-for I believe there is not one oath here which he did not put down. The words in Italics are alterations which he made when he understood he was to be admitted. Are they not prudent additions? I "When I got to Phillimore's Lodge, Hunt said, "I must get out here, for this is the place I was to have rode the single horse to, if you had not come down." said, as he was getting out, "What do you mean by stopping here."-" Why I am going to wait here for John Thurtell."I said, "What can you want to wait here for John Thurtell, when he knows the way to my place." He said, "I shall wait here, and you must go on." I continued for at least five minutes endeavouring to persuade him to go on with me.-He said he would not, and turned short round and walked back towards London. I then drove on home, and met John Thurtell within about a hundred yards of my own house. John Thurtell said, "Where's Hunt?" I said, "I have left him at Phillimore's Lodge, waiting for you." "Damn his stupid blood, did he think I was going to be all night upon the road. The fact is, I don't want him now, for I have killed my friend." I said, "Good God, I hope you have not killed any |