CELEBRATED TRIALS.

JOHN THURTELL AND JOSEPH HUNT,

FOR THE MURDER OF WILLIAM WEARE, AT HERTFORD, JANUARY, 1824.

No case of secret murder ever perhaps created in England so great an interest as this. It was so deliberately planned, and the parties, well known in certain circles, were of respectable connexions and good education. Thurtell was the unworthy son of an alderman of Norwich; Probert, one accomplice, lived genteelly, and was respectably connected; and Hunt, a singer by profession, seemed unlikely to engage in such atrocity.

Thurtell was dressed in a plum-coloured frock coat, with a drab waistcoat and gilt buttons, and white corded breeches. His neck had a black stock on, which fitted as usual stiffly up to the bottom of the cheek and the end of the chin, and which therefore pushed forward the flesh on this part of the face so as to give an additionally sullen weight to the countenance. The lower part of the face was unusually large, muscular, and heavy, and appeared to hang like a load to the head, and to make it drop like the mastiff's jowl. The upper lip was long and large, and the mouth had a severe and dogged appearance. His nose was rather small for such a face, but it was not badly shaped his eyes too were small and buried deep under his protruding forehead, so indeed as to defy detection of their colour. The forehead was extremely strong, bony, and knotted;-and the eyebrows were forcibly marked, though irregular-that over the right eye being nearly straight, and that on the left turning up to a point, so as to give a very painful expression to the whole face. His hair was a good lightish brown, and not worn after any fashion. His frame was exceedingly well knit and athletic.

The deceased was a man addicted to play, and connected with gaming houses. Thurtell had been his acquaintance, and in some practices of play, had been wronged by him of a large sum of money. The other prisoner, Hunt, was a public singer, and also known to Weare, but not in habits of friendship. Probert, who was admitted as an evidence, had been in trade as a spirit dealer, and rented a cottage in Gill's-hill-lane, situated in a by-lane, going out of the London road to St. Albans, and two or three miles beyond Elstree. Probert was himself much engaged in London, and his wife generally resided at the cottage, which was fully occupied in the accommodation of Mrs. Probert, her sister, (Miss Noyes,) some children of Thomas Thurtell's, (the prisoner's brother,) and a maid and boy servant. The deceased had been invited by John Thurtell, to this place, to partake a day or two's shooting; and he met the deceased at a billiard-room, kept by one Rexworthy, on the Thursday night previous to the murder, and they were joined there by Hunt. On the forenoon of Friday, October 24, the deceased was with Rexworthy at the same place, and said he was going for a day's shooting into the country. Weare went from the billiard-rooms, between three and four o'clock, to his chambers in Lyon's Inn, where he packed, in a green carpet bag, some clothes, and a change of linen. He also took with him a doublebarrelled gun, and a backgammon board, dice, &c. He left his chambers in a hackney coach before four o'clock, and drove to the New-road, where he went out of the coach and returned after some time, accompanied by another person, and took his things away.

In the morning two men, answering to the description of John Thurtell and

Hunt, went to a pawnbroker's in Mary-le-bone, and purchased a pair of pocketpistols. And in the middle of the day, Hunt hired a gig, afterwards a horse, and procured a sack and cord. They met the same afternoon, at Tetsall's, in Conduit-street, Thomas Thurtell and Noyes; and Hunt was heard to ask Probert, if he "would be in it,"-meaning what they (Hunt and John Thurtell) were about. Thurtell drove off from Tetsal's between four and five 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. Probert, according to Thurtell's request, drove Hunt down in his gig, and, having a better horse, on the road they passed Thurtell and Weare in the gig. They stopped afterwards at a public-house to drink grog, and at Phillimore-lodge, Hunt got out, as he said, by Thurtell's desire, to wait for him. Probert from thence drove along to Gill's-hill cottage, in the lane near which he met Thurtell, on foot alone. He said he had done the business without his assistance, and had killed his man, and, at his desire, Probert returned to bring Hunt to the spot. 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-guns. I fired at his cheek, and it glanced off"-that Weare ran out of the gig, cried for mercy, and offered to return the money he had won of himthat he (Thurtell) pursued him up the lane when he jumped out of the gig. Finding the pistol unavailing, he atttempted to reach him by cutting the penknife 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. Five minutes after that period, certain persons, who happened to be in the road, distinctly heard the report of a gun or pistol, which was followed by voices as if in contention. Violent groans were next heard, which became fainter and fainter, then died away altogether. 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 he arrived at the cottage, having in his possession the double-barrelled gun, the green carpet bag, and the backgammon-board, which Mr. Weare took with him. Neither Thurtell nor Hunt was expected by Mrs. Probert. With Thurtell she was acquainted; but Hunt was a stranger, and was formally introduced to her. They then supped on some pork chops, which Hunt had brought 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 into the adjoining field. The body was then enclosed in the sack bought by Hunt. They then effectually rifled the deceased man, Thurtell having informed his companions, that he had, in the first instance, taken part of the property. They then went back to the cottage.

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 Mrs. Probert, and made her accept it, by putting it round her neck. 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 refused, Thurtell and Hunt observing that they would rather sit up. Something, however, occurred, which raised suspicion in the mind of Mrs. Probert. In consequence she did not go to bed, or undress herself. She went to the window and looked out, and saw that Probert, Hunt, and Thurtell were in the garden. They went down to the body, and finding it too heavy to be removed, one of the horses was taken from the stable. The body was then thrown across the horse; and stones

having been put into the sack, the body with the sack was thrown into the pond. Mrs. Probert distinctly saw something heavy drawn across the garden where Thurtell was, and her fears and suspicions being powerfully excited, she went down stairs and listened behind the parlour door. The parties now proceeded to share the booty; to the amount of 67. 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 "grabbling" for something in the hedge. Thurtell observed, "that it was a very bad road, and that he had nearly been capsized there last night." Thinking something might have been lost on the spot, they 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 that were purchased by Hunt, and it bore marks of blood and 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 a murder had been committed. On the following morning, Saturday, the 25th of October, Thurtell and Hunt left Probert's cottage in the gig which Hunt had come down in, carrying away with them the gun, the carpet bag, and the backgammon-board, belonging to Mr. Weare; and 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." It was observed, that Thurtell's hands were very much scratched, and some remark having been made on the subject, he stated, "that they had been out netting partridges."

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 upstairs, and attired himself in very handsome clothes of the deceased, Mr. Weare. Probert wished the body to be removed from his pond, and Thurtell and Hunt promised to come down on Monday, and remove it, which they did. 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. It appeared that the body was carried to a pond near Elstree, at a considerable distance from Probert's cottage, and there sunk, as it had before been in Probert's pond, in a sack containing a considerable quantity of stones. The parties who heard the report of the pistol in the lane on the Friday evening, and the discovery of blood in the field, led, however, to great alarm amongst the magistracy. Inquiry was set on foot, and Thurtell, Hunt, and Probert were at length apprehended. 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 confessed where it was deposited. As to Thurtell, it was clear that he was the perpetrator of the murder; and with respect to Hunt and Probert, it was equally clear that they were accessories before the fact, but Probert was admitted king's evidence, and Hunt's first confession, made under promise, saved his life.

On the trial on the 7th of January, 1824, the officers and constables gave their accounts plainly and firmly, 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. 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, the knife,

a muslin handkerchief spotted with blood, a shirt 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, but he looked at them with 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, shooting shoes, and the linen; and even 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 pistol with which the murder had been committed. 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 murdered man's brains. Against the back of the pan were the short curled hairs of a silver sabled hue, which had been literally 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.

Thomas Thurtell, when called, seemed affected-but 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," says an eyewitness, "were all thorough-bred landlords, sleek, sly, and rosy. The ostlers were rather overtaken, all except he of the stable in Cross-street, who said all he knew clean out. Old John Butler, of the Bald-faced Stag, had steadied himself with 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 stain fresh on the murderer's clothes, and 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, the accomplice, 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 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 was marked with deceit in every lineament. The eyes were like those of a vicious horse, and the lips were thick and sensual. His forehead receded villanously in amongst a bush of grizzly black hair-and his ears projected out of the like cover. His head and legs were too small for his body, and altogether he was an awkward, dastardly, and a wretched looking animal. He gave the following account with no hesitation or shame, and stood up against Mr. Andrews' exposure with a face of brass. Indeed, he seemed to fear nothing but death or bodily pain :

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 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 cottage, and all the roads thereabouts, well. Gill's-hill-laue, in which 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 the 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 £10; 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 £300 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 £5. 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, 1 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." I do not know that Hunt made any answer; I gave him twenty shillings in silver; Thurtell left the Coach and Horses almost immediately, in a horse and chaise; it was a gray 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-street, Hunt got out of the gig to purchase a loin of pork, by my request, for supper. When we came to the top of Oxford-street, Hunt said, "This is the place Jack is to take up 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 Edgeware. It was then, perhaps, a quarter to seven. When Hunt said "It's all right," I asked him what was his name? Hunt replied, "You are 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 with spirits. Hunt walked on, and said, “I'll not go in, because I have not returned the horse-cloths I borrowed." I stopped about twenty minutes; I then drove on, and overtook Hunt about a quarter of a mile from Edgeware. I took him up, and we drove to Mr. Clarke's, at Edgeware. 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 further in Edgeware, 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; he can't have passed us. We then drove on to the Artichoke, kept by Mr. Field We got there within about eight minutes of eight. Neither