Court Of King's Bench, We...
tAw dRRPoi21. At halt-past nine o'clock this case was called on for trial. Five special jurymen answered to their names, but one gentleman was excused, on his expressing a serious apprehension that he shotld 5e unable to serve without dangei to his health. A faer was prayed For the prosecution, and eight common jurors sworn. Dlr. ADOLPH5US stated the substance of the indictment. It al- leged, that on the 2d of December, 182-, Thomas Thurtell effect- a an insurance at the County Fire-office on goods in a warehouse in *Vatling-street, for 2,7001.; that on the 26th of January, 1823, the warehouse was burnt down; and that Thomas Thurtel1, John Thurtell, Wiliam Ennison, otherwise Anderson, and John Borth- wick Snowden, conspired to defraud the Directors of the County Fire-office, by falselv pretending that there were goods on the pre- mises of the value of 1,9131. 10s.; whereas they well knew there were only goods of smaUl value-to wit, of the yalue of 1001. Va- rious acs were sutted as done in pursuance ofthis conspiracy, by the several parties. who had pleaded that they were not guiltv. Alr. SCAULETT opened the case for the prosecution. Thecharge of which the jury had heard the substance, was of great imrportance to the defendants on the one hand, and to the public on the other. If it was established to their satisfaction, no feelings of compassion ought to influence them in the discharge of their duty neither, he was sure, would they allow anv prejudice to deprive the parties of tse full effect of any doubt whicli might asise in their minds, and which they were entitled to receive. Before such a tribunal it was annecessary to entreat that all pr essessions should be laid aside- that the jury should discard from their mindsthoseunfortunate trans- actions in which the name of one ofthe parties was ini igled; and that, as they would allow no unfavourable bias to incline them to se- vere judgmrent, ho neither would thev be led astral by that species of re-action wl:ich w as more likely to affect just and amiable minds. The indict-rent, divested of its techn;callanguage, sobstantially charged the four defendants with a conspiracy to defraud the County Fire-office-an institntion composed of most respectableindividuals, and producing ery beneficial results-of the sum of 1 9131. O.;., bv pretending that goods to that amount were depositel in the ware- houses of Thomas ThurteDll, and with supporting that claim by per- jury. To substantiate this charge, it was not necessary to show that the house was purposel] set on fire: because,if the defendants made use of an accidental misfortune to found a pretende(d claim, they would be guilty; but ifthere should be reason to believe that the premises were set on fire by design, they would not consider that as destroying the charge in its present form, but as one of the means by which the conspiracy was eMfected. Having thus stated the substance of the chargc, he would now give a short outline of the evidence by which it would be supported; and, though it w.as not for him in this stage of the cause to anticipate its result, he could not hep saving that to him that evidence seemed very clear, satisfactory, and decisive. One of the defendants, John Thurrell, had alreadv suffered for another crime; Thomas Thurtell was his brother; Snowden was a sort of agent for both; and Ennison, or Anderson, was in their employ as a porter. In the latter end of 1822, a warehouse was taken of Mr. Penny, in WVatling-street, not far from St. Paul's, for Tho- mas Thurtell, under pretence of carrying on a trade in bomba- sins. On the 2d of December, 1822, a policy was effected in the County Fire-office for 2,7001., on the goods alleged to be deposited in these premises; and the claim afterwards made on the office in re- spect of this policy was 1,9131. 10s. Mlr. John Thurtell, the de- ceased, had been formerly in the navy, but, having quitted that pro- fession, had established himself as a manufacturer in or near Nor- wich. PIlere, in 1821, he became bankrupt, and, without having ob- tained his certificate, transferred himself to London. Thomas Thurtell had been a farmer in Nlorfolk, but had failed, and in 1822 was thrown into prison with a view to obtaining a discharge of his debts under the act for the relief of insolvent debtors. While he was in prisn, the Cock Tavern in the Haymarket was taken in his name, but really for the benefit, and under the su- perintendence, of John Thurtell. WVIIen Thomas Thurtell sought his discharge, he put in his schedule, whereby he stated his debts at 4,666L, and his effects at nothing, as he had nmade an assignment preriously for the benefit of his creditors. He ultimately was re- leased, in consequence of an arrangement, and without being dis- charged in the manner which he sought; but how these two men, who were thus in a state of destitution, could obtain money or credit tothe extent of nearly 2.0001., was a mystery which formed a very important circumstance in the cause. At the time when the policy was eftected, there were none of these goods bought, the preparations for their reception were not completed * and, although very cautious persons might insure goods from honest motives, before they pur- chased them, yet the circumstance was not undeserving the attention of the jury. mn the prosecution of that design which the indictment charged, it became very important to the parties that they should obtain invoices of goods as sold to them, which thev might produce in the hour of need. For this purpose, Mr. John Thurtell, whowas undoubtedly possessed of no common powers of con- trivance, devised a very ingenious scheme. He raised a com- paratively small surn of money, with wbich he purchased goods ot Mlessrs. Todd and .lorrison, merchants of high respect- abilitv, but not manufacturers, or persons to whom any man would resort for the purpose of stocking a warehouse in Watling- street. For these goods he paid ready money, and received an in- voice; he then sold the goods again at a loss, and thus obtained more money to obtain more goods, which he disposed of in a similar way. By thas turning bis little capital several times, andmaking each tinse a sacrifice, he procured a number of invoices, which he afterwards used In support of his brother's claim. After the warehouse was takcen,he began to make alterations,which it would be material for the jury to consider. [ Rere the learned Counsel referred to a model be- fore him.1 Alr. Penny, thelandlord, occupied theground floor, except a narrow passage leatdmgto the street,over thedoor ofwhich was afan lI ht. T e Thurtells began by placing an inner door on the stairs, which had the effect ofpreveniEug any fire from within being visible through theglass. They then blocked Hp a window, which being opposite to the window of Mr. Pennv's kitchen, and deriving its light from the same8ky-light, afforded sau opportuinity to his porter w o slept in the house of seeing if there were any light in the ware- house, to the surpriseofthecarpenter, who could not imagine areason for so extrdordinary a proceeding. While these alterations were going on, John Tlhurtell, wbo acted professedlv as his brother's agent, brought a woman, vzho had lived with him as his mistress at the Cock, to sleep at the house in Wading- street; but as soein as the alterations were complete, he removed her to a small and inconvenient lodging on Garlick-hill. The car. penter was directed to make piesses for the expected goods,and after- wards was told that they were locked up; but when engaged in ether work, he saw the door of one of them fly open, and perceived th3t it was empty. On the morning of Sandav, the 26th of January, 18-23, the fire broke out and burned down the warehouse, and two adJoining houses on each side. About five o'clock that morring Johnl Tf,urtell came home to hfis lodgingon Garlick-hill, wbich was at a very little distance from the premises in Watling-strect, and retired to bed. About nine he was informed that the warehouse was bumed. He displayed, however, no alarm, but dressed hinself leisurely, and had his boots greased or cleaned before he left the house. Proof would be given which would leave no doubt that the fire originated, not on the ground-floor reserved for Mr. Penny, but in the ware- houses tenanted nominally by Thomias Thurtel ; and the whole cir- cumstances of the case would tend to establish the proposition that no goodswereon thepremises to nearly thevdlue oftheclaun. There was, firstthe extreme inaprobabilitythat anypersons in the circumstances ofthe Thurtells should have jhe funds or credit to obtain the goodls : next, the conduct of J. Tlaurtell, In procuringthe invoices from Todd and Morrison; then the alterations in the premises, which seemed without object, unless that of guilt; and then the demeanour of John Thurtell on the morning of the fire. After the fire, searcl was made among tbe ruins, and no traces were found of goods of the description which the Thurtells professed to sell; which could scarcely have liap pened, if those goods, rolled up in bales, and of woollen texture, had really been deposited on the premises. How, then, did the case stand with respect to each of the defendants ? John Thurtell was throughout the active agent in the scheme; Thomas Thurtell made the claim on his own behalf, and supported it by his oath before the Lord Mlayor; Snowden was the agent of the brothers, assisting them in all their proceedings; and Ennison was the porter, who had the care of the wvarehouse, and who came forward on the trial of the action brought to recover the amount of the claini, to stvear thiat the goods were upon the premises. Thlese were the leading facts of the case; and tlhese, if they were esta- blished in proof, could leave no rational doubt of the guilt of all the partes. The policy was then put in, but was not proved till a subsequent period in the cause. ,usnua renny sauili am a wine.merchant, and in 12 lived at 92, 'Vating.street. Before llichaelmas in that year Thomas Thar- tell taok the upper part of my premiscs, at 801. a year, and somc fixtures, which were valued at 151., which he was to pay for; but which he never paid. He told me, the last time I called before the fire, he would settle with me soon. I had nothing on the premises inflammable except spirits and wine. [Tbe witnesc here looked* at the model, and described the premises.1 The kitchen window opened into a larze room lighted froam the top by a large glass ceil- ing. The stairs were lighted from a sky-light at the top; exactly apposite the kitchen-windov was the window of a room where my porter, Simon IVilkinson, 8lept; there was a fan-light at the street- door. The porter could see alight very plainlv in the oppositeroom. Cross-examiiined by MIr. Sergeant VAUGHAAN.-I did not live on the premises; but myservant, named Simon, who slept in the little roons opposite the kitchlen. I left the premises at past ten on the Saturday night. I once saw a small parcel of goods taken into Thur- tell's warehouse; I cannot say how long before the fire. There was no communication left between my rooms and those of Thurtell ; thtere had been a door, but it was screwed up. The chimney was once on fire, a year or two before the fire in question. Re-examined.-I make it my business to look over tbe warehouse every night, and see there is no remains of fire. After Thos. Thur. tell took the premises, I repeatedlly saw John Thurtell npon them. Ambrose Parisb, the acting Mlarshal of the King's Bench prison, orduced the book of the prison, from wvbiel it appeared that Thomas Thuctell was comritted on the lllt of February, 1822, at the snit of Join Thurtell, tor 171., anld upwards, and was dis- chiarge onGtahe 18th of April, 18-23. He had the rules9. Samuel Garratt, a butcher proved that he served Thomas Thur- tel with meat, aiid that he left otf serving him because lie did not pay, but could not tell whetlier before or after the fire. He was senm home to fetlch his books, which he had notbeen desired to bring. MIr. WVilliam Wirlliiams, from the Jnsolvent Debtors' Court, pro. ducel the peti!ion of Thomas ThurtelJ for his discharge and lhis schetlule-the former dated March 27, 1822, and the latter on the fol- lowing day. His case was afterwardsstruck out. The debts amount- ed to 4,6661.; the credit, none; money, when he went into prison, 101. He had previously assigned his debts for the benefit of his cre- ditors to the extent of 1.600L, and had no property in possession, ex- pectancy, or reversion. 'In the list of creditors, his father wa3 stated as a creditor for 2,5781. He ascribed his insolvency to the bad state of his farm when lie took it, the expenses of bringing it into culti- vatlon, bad crops, and excessive taxation. Ar. Davidson said-I nm a carpenter, and was employed by Joln Tliurteml, irs November, 1822, to make alterations in Watling-street. I was first crployed to pitt up a counter in the warehouse, which came to 31. or 41. He next employed ine to male presses with fold- ing doors to open, which wese worth abotit 71. 1 was directed to make them ns light as possible. I was then ordered to make a door on the starcase, fadng the street door, aibout threesteps from it, and opening outwards. Over the street-door was a fan-light. This inner door entirely shut out the light from the lan-liglht over the street- door. I wsssnext directed to block up the glass window opposite the kitchen in wlhich I could sec no advantage, as it left the lobby com- pletely ark. The expense of this alteration was about 41. [ recol. lect John Thurtell on the Ist or 2d of Deceusber urging me to finish the presses, as heexpected goods on the Tuesday following. As I was doing other jobs about a fortnight after the 2d of Decemnber, I had occasion to see the interior of one oftiepresses. It wvaslocked, butnot bolted, and by accident it few open. There were no goods in it buteme harness; thisweason the 14th or 15th of Dpcember. Ennison was then with me. While I was at work, there was a lady, wrhoml I at first supposed to be the sister or wife of Jobn Thurtell - aftersvards I founda she lived there; end she remained there till w-e finished the door on ihe staircase, when she wetit atigy.' I went' only the day after to finish off somc bsolts. I niever saw any goods fromi first to last but eight or nine rolls of bombasin on the counter. Cross-examined by MVr. Sergeant VAUGHASr.-r was examinied in the Common Pleas. The door was placed for the security of thte vrenmises. It could notbhave opened inwards,being on the sta7irs.. Amanda Gwillili was then swvorn. She said-I amn the wife of CharlesGOwUlim, and livedainGOar]ick-hill. JTohn Thurtell came to lodge there on the Mlonday before Christmas-day, 1822. On WVed- nesday, a woman came, who passed for his wife, with some lug- gage. She said her namie was Mlrs. Thiurtell. She remained .there for several weeks. John Thurtell also occasionally slept there. One day before the fire, as I was passing throughi the room, I heard her say to Thurtell, " If I were you I wpould seU the goods, and set the place on fire." He replied, " 65h, Mary don't-talk so ; if it were to be burnt, thecy would say I set it on lire." A day, or two before, he directed my husband to takce coals to the wareho-use. On the mornini'g of the fire, JTohn Thurtell, atbout a quarter before five, came homie. HIe asked"1 what the rattles were springing for?" I said I1 did not know," and he went up stairs. About nine, a washer. woalan came to my house, and brought news of a large fire in Weat- Iing-street. I went and kniockedI at Thuirtell's door, and mtentioned it. He asked, "W lhereabouts is it?" I called to the washerwoman, and asked, as lie had done, whether it was somnewhere about Friday street? She said shte did not know. He askedl if it was near the- watechhouse ? and I proposc.I that she should go and inquire. She went, and on hier return said it was just taking hold of SIr. WVil. liams's warehouse. I mentioned this to Thurtell; SIrs. 'rhurtell went to himi, and said,"1 Thurtell, the warehouse is oni fire ; come, get up." H-e made some answer, as if uot in a hurry to get uip, but I did not hear it. At last, lie got up; perhaps a quar- ter of an hour after thte womnan brought the second news. Be. fore he wrent out, he desired me to grease his boots; and I did so, before he left the house. Cross-examined by MVr. Sergeant VAUGstAir.-W%e let our lodg- insby thewe rmnh If any body let the rooms for a shorter timne, I did not-.it has nothing to do with John Thiurtell. (A laugh.) I was examined before; I did not swear that I received as munch ~or an hour as a night-it is no matter wvhat I swore. (A laugh.) I do not interfere with private conversation between mian and wife. Mr. Sergeant VAUGHAN.-They aire all men and wives that come to your house, I suppose ? Witness.-I do noot ask them ; I am not to run to all the chiurches in liondon, to look for registersl of malirrigs (Renewed laughter.) Mtr. Sergeant YVAUGliAw-NO, you wuda have few customers if youl didi. On further cross-examination, thte witness said she had sum- moned John Thurtell into the Lord Mlayor's Court. Air. Barber B eaumoent came to ask her about wvhat she knew, snd she told him what she had heard. Re-.examnined.-The lodging-housewas four or five minutes"waik from the warehouse .rThe greasing the boots was to keep outtthe wet. Mr. Williamn Wlilliams said, I occupied the next warehouse to Mr. Penny's in WVatling-street, and lived on the prernises. I was callea up about five in the morning of the fire. I rose, ran to the window, andl saw a flame issuing out of the window of Thurtell's warehouse. I rushed into the street, and saw two watchmen standing at the warehouse, knocking and ringing. Other watchmen were alarming tie neighbour- hoed. I knew that Penny's porter slept tlhere, and insisted on their continuing to knock and ring. At length siimon Wilkinson came down in his shirt. The flames continued to issue out of the winidows, but none were visible tbrough the door. I saved my own papers, and returned in about 15 minutes. On My returni I saw there was no fire in Penny's warehouse. The fire raged, and the houses on both sides were destroyed. Mly goods were of various descriptions of Mlanchester cGods: all of them cotton. Mly- warehouse wats en- tire'ly consuinea. After the fire, I went over the ruins, and, on my own, traced ves-tiges of almiost every kind of goods which had been burnt. I was on the ruins of Thurtell's house ; I did not examine them particularly, hut I obsqerved no vestiges of goodg. I %hould think bombasins would consume much more slowly theax cotton. I shouldi think if there had been a considerable quantity of goods in presses in Thurtell's house, there would be vestiges of them anisong the ruins. Cross-examined.--Tbe engines were playing on my house before the fire was extinguished. There were no spirsits in niy warehouise. Rolls of bombasins are usually sniaUer than bales of cotton goods, and have wood in the centre. I never saw Penny's porter intox.s- cated, nor said so. Samuel Robinson, warehouseman in the opposite house te Thurtell's, said-.l recollect the fire. Afy windows are Opposite thie house, on the second floor. Between 4 and 5 I observeti the inside shutters of Thurtell's wvarehouse on fire. I afterwards wvent into the firt floor, and looked into the warehouse; I could see the walls all rounid, but I saw no trace of goods. I think, the goods could not be consumed at the time. I saw no remiains of goods af- terwards on the-premnises. I was not exanmined at tlheformnerttrial. The carpeniter was recaled, and sitated that presses were put up on one side of tdie room only. Robert Johnson said-I ain a wareliouseman, and lived writhin two doors of Thurtall at the time of the firu About five I was alarmed rose,~ and saw a blaze in the street. I went out ; first tc Mr Illiam',s, whaere I assisted in packing up clothes. A shiod time after I went into Penny's warehouse; there was no fire there, nor nny light in Penny's part, but there was fire undJer the ftairs. I forced open the desk-, and sent away the contents for security. Fronii the time I first saw the fire till I finally quitted Penny's warehiouse, about 25 miniutes elapsed. I think the fire must hiare onigisated up stairs. SimonWVlilkinson wasthen called. Hesaid, Iwa-sporter to Mr.Peimy at the time of the fire, and live with him still. It was my business to=see n the back part Of the premises. When Thurtell came, I coldse from ybe-room window into the kitchen. On the night of the fire I went to bed about half-past teni. There wvas no fire iii the warehouose, counting-house, or bed-room. The only lghtiin my mnaster's premises was the candlew-ith-whichld ighted myselfto-bed. I-put it out. In the morninglIwas awoko by the knocking of the watchman. I ran down stairs:tlienrt was inolight in the lowei part of the premises. I tried to break the blmkc-up door betweeni Thurtell's premises and mine, but did not suc-ceed. I obtained a lhght in the street to break open the qesk. At last I openedl a pantel, and saw a light on Thurtell's staircadei. Cross-examined.-The chimuney frotm the counting-house proba. bly commnunicated with that of Thuirteils kitc-hen. Our chimney had been on fire about a year before. Comiplaints had been once ma de by John Thiurtell about the smoke comitig into his kitchen Re-exsamined. saw no light in ThiurteTls kithe hen I came Richiard Mackay said-I amu principal fireman to the Globe In- surance Company, and have been snore! than 20 years. I war, among the first at the fire. All the houses were equally destroyed. About thiree (lays after the fire I went to examine the ruins, to look for the salvage stock for the company by whiom Msr. Penny's premises were insured. On Mr. Wil!iams'3s premiises I saw remnains of goods-_ bombasins anid others. I2- saw nothing of the kind on Thurtell's premises. In five cases otitof six, however intense the fire,Tremains of property are visible. Cross-examined.-! heaitd no explosions; hut there were spirits on) fire. There 'werc no bombasins on Williams's, but on the other side, on Rusel. Re-examined.-I found' wines otf Mlr. Penny's; parcels of spruce, rum, branidy, and various oth-er tbu)gs not consumeod by the fire. Joseph Jephson said-! wAM eniiployed by Mackay to tig in the ruins of Penny's house. I ft?nd no remains of bombasin,, butrumn, spruce, and wine ; the sprulcq was in casks. I foand no tinctler, nor any appearance as if masses-had been burnt. Y)ohn Curzon said-I sin ift'the employ of lmesrs. Todd and Mlorrisron, who are mercers. I ~cfieinber Johni Thurtell, in 1822', aligtoprhas -goods of'l tsrs.-Todd andAMorrison on behalf 01 is brothier Thomas. Ho, ielected goods, bat to what extenit I cannot say. He came at-sliflkVinit times; but 1 know no more. PRobert Slater clerk to M1e!4i~. Todd and Morrison, produced his books and said., on the Z4.llf-of December, 1822, Jolhn Thurtell madelisis first pu~rchase of goodg. I cannot say whether he first ap- plied for leave to puirchase- ia -larger quiantity. The amount of the first dielivr was 211. 8s~., and of atiother, the same da, 91. Is. 3d., for Binan=Waand Baisrceiiass.Y- (The witniess produced a paper, and said it contained correct copied of the invoices of all the goods suip- plied from tinme to time to eblbf ThurITel, on account oif hisi brother). John Thiurtell came to pay, for thie goods satd paid cash for them. The second date was 26thDceodniber, 'ian amounted to 731. Ci,. Id. ; the third was 27th Deceimber; SIl. 2s. 6.1I.;' the fourth, 30th Decemn- ber, 1791. 3s. Ilid. ; this wa&th6 whole. Rie settled on the second occasion with mie, wlien he p'aidl-sne 541. 17s. Gd., and I understood the other demandIs were settled - Cross-examined.-The elitry. in our books is to Thomas Thuir- tell, but wec only saw John.~ , ome good[s of those bought on the 30th of December were retutritet-seven pieces of Bandanas, thiirty yards of WVaterloo satin, 30 yards of pink, and five rows of sixpenny double ribands, or rather they wvere not sent at all, though inceluded in ihie invoice. The goods vwere' to be sent to Watling-street. John Dillon, another cl erk o Td anzd Morrison, saidl thiere was something utiusual in Mlr. John ThurteW's mnode of d~aing, as it was not usual to leave goods wihich were not paid for; son&e of themn, t'herefore, were entered as returnmed, when not remioved, as if they had been taken away. Cross-examined.-Messrs. Todd and Mlorrison hav;e the reputa- tion of selling cheap, and have very extensive dealinigs. They have 1.50 #ersons in their employ. - Christopher Leaf, asetisant to I4eaf and Son, Old 'Change, whole- sale haberdashers, said, John Tlttitrtell boUght goods of his employ.. era. Hle tlid not, however, sell te'gegoods or mak-e the entries him- self. Mtr. Barber Beaumon t was swvoni but was merely asked, -at pre-. sent, as to an invoice whichl he,pioduced. JohnThureell-Went over thatt paper with him,- and told himt-it was a true aecoent of the goods purconased of Leaf. .Thiomas Thiurtell had referred him to, hiis bro- ther Johin, as to his claim. The invoice wvas handedt to higULrdrbip, anid Mr. Leaf said all the articles were paid for. James Wrigglesworth, who hailltved with Mtessrs. MVargraves, si'lk and bombasin warehousetrief 101. 11rod-strect, said, - thie de- fendnt Snoden abut he )IS ofDeceniber came to a,sk mne if I wold uy lo of omlasis ad Nrwich crepes.- I objectedl to buy heni He aid migt hse tcm almoist at- my own price. Theaex monin h reurnd, endtod me Thomas Thartell Was a manuactuer a Nowich andJohnwasstationed is Mratling_strect. as his agent. He brouiht patterns, and named so, low-a price that X was-induced to buy tbem; and, the next day they were brought by Ennison in cass. Ipaid-f6othena in cash. A-fewdavs after I saw a box of-goods left in'y' warehouse, and the next morning sawv l Snowden respecting it. He' obseived, he had another chea assort.. ment. I had opened the box bc,f,ore and seen an invoice ofJrodds' on the top of it. Iobjectedon thisaccoant.: heoffered to Lakeoff221. per cent. discount. IstP'lhcsitatedj and said- they 'could not be paid for. lBe said they wereupaid fnr,,Istihlobjectw.l. The next day lie called again, and -produced Todd'shAn;oicearsd''Todd's receipt, I?ug. gested *iere mnust be some -bad motive iinthus buying and selling :t loss. - He said he could 'easily get another cstomer; it-wsas of no gonseqslence to me: " thereu- a, a grand plan on -foot, which would explode somne day."' f - ' at'wani received orddrs to buy the goods for, MSlr. IMargraves, and Ib ~bought'hetu - Sveral parcelst afterwards were brought to us;* we-sewv Spiwden unoa theni;* thley had no in. voices with thel, - but lists of prfes. 1 The witness :produced&in. voices made out on these lists offnowden, whicb nenrly correspoud. ed with the invoices ef goods purcilsedat Todd's- though not exactly in everv particular.] I sawv a printed accoiit of the trial-of " Thurtell v. teaumont," 'in the newspaper. and theS made an ob. servation to a Slr. Potter, wlio coimunicated what I said, to Mlr. Beaumont. I hadhbefore this rio'commdnication with himn, or any person, or. the subject ef th,e fre.-Wbile dealing for the goods, Johh Thurtell once came aend asked Snaowden for tbe,pfoceeds of th'e Foods; -and about the -8th br 9tb -of January, I'saw Snowdon and Thurtill at the Potteries Arnis, near Gulibhall, sitting together at table. Cross.examined.-I was partner with SIr. largraves, and do not know that I have sworn I was bis servant. I was-his " anaging man.' I do not recollect whether I told hira I thought that the propPal of Sinowden was a roguish transaction. I Weas got turned out: Snowdem.afterwardq came Into the warehOuse, aiad I supp&qee w,as employed thee Isbiild think he was tlheause ofmy leav,ine Messs. arpaves herepesened hathehaLd discovered roguerie's of mne,but heywerewitout ounation. Mr. iAl argraves never belevd tem bu awas sole i te ighstters f e. No Imptaton as ad agins meof orowig mneyinthe name of M. Magraes; e gvemea chracer wen lef hi. I didI not brrowmone of M. Leny Sith,in the name of M1r. Mlar.. graves. Air. George Robinson said-I am waiter at the Potters' Arms, where I have been twelve years. I have known Snowden three or foufr years; dluringthat time I halve continually had paper parcels and boxes in my custodv for him, both berore and after the fire. I have seen Snowden with Thomas Thurtell, dining at an ordinary at our house after the fire. I have sent parcels so ilir. Alargraves by bis direction. Henry- D,awson and Robert Dawson lo3getl at the house, two or three-years~ agzo: [have seen them with Snowden,and I believe they are related to him. Evidence was now adduced that thiree notes, given by the hankers of Margraves, in payment of the goods botught bv thecm of Snow- den, were afterwards on the 30th of December paid by John Thurttell for more gooas to Todld andl lorrison. Air. Johin Thomas Barber Beaumont, the managing director of the County Fire-office, proved the executioni of thte policy, and said p6licies were sometimes signed in blank, Fle then gave evidence as9 folJow- :-I know all the surviving defendants personal.. lv, anid did know John Thiutell. About the 8th of February, 18'23, Thomas Thurtell made a claim on the policyi, and delle ered an ac- count in writing, vwhich I produce. I asked him of whom anid whben he bought the articles set forth in the claim-at what time they were delivered, and in what manner. Hiesaidlhe ladabotgigt them of va- rious persona whombhenamed; he mentioned Todd and Morrison's,i Dawi;on's, Ljeaf's, and others. After this,lIasktedhim If he was su.re all th,e goods vwere on the peies at the time of the fire: be said he was quite sue I as1k-edwoen he was last on the premises, he said th~e dybefore the fire, hut that his brother John wag lattee In that he met hiis brother John as he was goingi out ef the passage about 4 o'clockc. lie stopped shiort then said that he hiad left his wire at the point of death:- that he' believed shte was then dead, and that he woiild answer no more quLstions. but would send his brother Johin to speak for him. I told him we shouldi require an account fromn the persons whom he had named, and t heir invoices: he saia he couild furnishi them. In less than half an houar after John Thurtell c-ame; I asked bhim simi- lar questions to those ask-ed of his brother, and hie gave similar answers. He said he wottld senid the invoice; and the next day a clerk, called wish the original invoices, but as, the clerk wvas going to copy them, he said lie was not authorized to leave thiem, but wouldf takea themn away andl send copies. I received papers soon after, purporting to be copies aned a paper puirporting to bean ab- stract was brought by, John WThrtell. John Thurtell said, these were the invoices, and'that not a yard of the articles had been sold. I wvrote down the names of the sellers, and among themn Snowden. He came, I sbowed him the copy of his invoices, and asked hiim if lie hiad sod those goods,? He said be had, and was, paid in cash, except 1001. in a bill. I observed the invoice was headed "agent;`" I asked who be was atgent for; hie did not makce answer, butt presently told me the coods were hiis own. I ask- ed in what way the goods were delivered; he said thiey were seat to IWatlinzystreet. I asked who delivered themn; he louked confused, anda (lid not answer; but, after a timne, said he delivered somei of the smallerthings himself, and could not recollect the others. I asked him where hiis warehouse was ; lie said he did buisiness at the Pot. terst' Arms. tRome weeks; after, I azain saw, Snowden, lhaving pre.. viouslv seen Mlr. Mlam-rave.s on the subject. He expressed himfself hlighlj indignant that I skould ta%ke away hiis clharacter by myv inqui- ries, especially at Air. AMargrave's. After a wvhile, he said he bought things for Thurtell of Dawson, of Leeds, to the amiount of betweenl 2001. and 3001. After this, I repeatedly saw John and Thomas Thurtell. Their representations never varied as to what became ul the goods. John Thurtell said, all the things from Norwvich caniE through Dawson, of Norwich. totheamouutofhbetween 8001. and 9001. fle said lie received two boxes in the latter end of iNovember, ~ane 10 or 12 boxes in the tniddle of Deceimber, and a email papel parcel or two afterwards ;anid he referred me to a carrier at thet Bull, Aldgate. I told himr I traced 10 boxes to the Cock, in thi Ilayinarket; he said it was so. but theyl were afterwartIs sent from thence to Watling..street. After the trial was published, a gentle- man namied Potter celled on me, and by miy desir.e he broughit Mr Wrigglesworth to thne County Fire-office. Alr. Beaumnont requested leave to advert to a bundle of ?nony. mous letters and a pamphlet which he held in hi's lhand; but we. told that they were irrelevant to the cause. Cross-exarmined.-The bill of indictment was not preferred. til after the verdict in the Commonw Pleas. A former bill was ignorec by the grand .iurv'. Ilam a large holder of shares in the Count) Fire-office. We' have not paidi the money, nor shall we if we cat prevent it by legal means. I have made inquiries as to thle repire aentation ofThios. Thurtell-about his wife, In lbalieve it was un true. She is an invalid. buit I dlo not believe she was then dlying and she is alive now. Edwad Goeg Brokes wh wa inthe service of Henry Georg Dawun,of eed, fom homthee ere two invoice in D)ecember 1822 an Jauar, 183, reyd tat aw%on was a ernicer, not manfacsre, ad tathe id ot ecolet any such goods bein; soldandsentto ondo. Hd t ey ensold and sent to Lontdon he shuld ave nown t. Hsmateriadl several large customers but none to the amiount in the invoice, thouigi some 701. or 801., o more. He did not recollect his master had ever so many sillk glove at one price in his shiop at those mentionied in the invoice. Sniowdet hadsomne articles, but at wlhat time he did not recollect. Cress-exameined.-Snowden was his master's brotrher-in-law, am acted as hi-, agent in buying andl selling. Ilie was twice at Leeds in the last quarter of18202. On bo-thioccasions he brought up acon siderable quantityvof goods. Mtr. Dawasa had astock to the amouar. of 4.0001. or 5,0001. Air. Richardson, the shorthand writer, whvo took, part of thie evi dence on the trial in thaV(ommon Pleas, produced the report of th testimony of the defendant. Ennison in the Common Pleas, in whici he swore that on thie day before the fire the goods for which. thi claim wets made wvere on the premises Mr. Garratt, the butcher, was now re,,allcd, and having obtainci his book, stated that he left disr rupplviug Thomias Thiurtell with nicat on tlze 16th of Januiary, 1323. The last payment he receive( was on tie 17th of Decermbfer preceding ; and after this a debt o 101. accrued. Mlr. Neville Brown, one of the officers attendingr at the M1ansion house, proved that Thoreas Thurtell miadle ani affidavit at the Man s,ion-bouse in support of his claim. This was the case for the prosecution. The Loan CuieEF JUSTICE proposed that thie juryshould with. draw to take refreshment for a shoit period. The jury aceepted this induilgencee, andt wvithdlrew at half past five. and remnainedl absent for nearly lialf an hour. Whien thev retumned. Mr. Sergeant VAuGHAe, aadressed the jury for the dIefendants, Thomas Thurtell aind Ennison. H4e beg-an by deprccating that pre- juidice which the niame of one of the defendants was calcullated tc awaken, and by pointing the attention of the jury to the aterioum nature of the issue which they lead to try. Though, in point of fonn, the indictmnent charged a mis.4emeanour only, the case fortice prose. cutic.n involved the capital crime of arson, thie crimue of perjury, and miost dreadful siubornemtion of perjutry on the trialat which T. Thur. tell recovered a verdict. An attemipt was-made to fix on J1. Thurtell the crime of' selting fire to the house on the Saturday night, during iwhicli he was absent from home; but he would prove by a most re- spectable witness, whose chiaracter the prosecutor had amiple means of sifting, how John Thurtell passed the whole of the evening. He would call Mlr. Enson), who had beeni many years a clerk- in the Bank of England, who had been examined on a formier occasion, and on whiose part he chiallenged inquiry into every part of his cha- racter. That gentleman would state that Thurt'ell went with him to the Opiera; that fromt the Opera they went together to the saloon in Piccadilly; there they supped, an~d sat to a very late liour, when thxey walked togethier to Charing-,croiss, where they part-- ed-Ensonl to Vauxiiall, where be lived, and Thiurtell to his lodging at Garlick-hill. It would then be clearly shown that John Thurtell did not set the Dremises on fire; and what proof was there that thiat fire did not arise from accidental causesq? On the subject of the place where the fire originiated, witaesses would be called who would express their opinion that it broke out in the premises of Mtr. Penny, below stairs ; if it did so, the fact would be most imiport-ant in fav-our of the defendants; but if it did not, still it might have been accidental, and the jury woutld never presunie otherwise. After remarking on the testimnony of Mrs Gwillim, which he characterized as totallv undeserving of credlit, the learned counTsel proceeded to shiow thuc resources p~ossessed hr Thonias Thnurtell in credlit and money. lie had failed indeed,_fQled from causes which had broughit many otliers engaged in agriculture tortin ; bet his chi ef creditor was liiis father, and lee had assigned for the benefit of his creditors enoughi to satisfy all the others. WVhen he took the warehouse, his fatther advanced for him 5001. ; he raisedI 4001. en his o wn acceptances; and he had.also obtained a large sum by the sale of hi s stock of wine and spirits at the Cock-Tavern. WVti thie money thus -obtain- ed he boughit the goods, which were actually in the course of delivery at the time of the fire. WVhat motive hadl Johin Thurtell, however ready for deeds of atroc' ity to commit this crime ? He had no in- terest in the goods; and would he comtmit arson even to se-rve his brother? But, in truth, ir wvas not even to serve his brother, for Mlr. ThiomRs Thurtell, anxious to do jutiStCe to hiS cre- ditors, had, before the fire, deposited the policy with thnem and for their benefit. All the claim whichb Thomas Tlisurtell hiad made-thiat claim which was now representedI as begon in fraud and supported by perjury-was not to put asbillineginto his owv~ pocket in the event of his suc'cess. This watsamere attedipt torev.iv,e acase whichbhad undcergone solemn discussion, in a form bv wvhich the miouths of the principal witnesses were closed, and that o'f Air. Beauisiont opened. For this purpose only was Eunnison, the poor porter, joinedl in the in- dic' en;f r thr-was scarcely any evidence against him, and perapsevn uivhe was entitled to his acquittail. He trusted, theefoe,tha Chc urywoud efet tispurpose, and wouild, in thereslt prtec te gearctr o th dfendants from this dread- fulchagewhih ad ee aleay ngaived by the verdict of ajurv. Mr.Guierg adresed hejry or hede'en,daet. Snowden. In the comenemet f hs adres,be reminded them that thley miight find one defendant gilty of conspiring with Johni Thurtell, who' (vas no more Ile contended, thiat in tliewholeofthe case, there wvas nothing to affrcet Mr. Snowden, except the memory of Mlr. Barber Beautmont,~n h rdto the witness Wriggleswortis. N6w Mr. Beanmot.wsdel n Iterested in this case; he wyas theo CountyFr-ficvsroi veryTeluctant-when losses weretobe paid; and wl:o, wben he enjoyed a splcndid salarv, and lived in a palace overlooking that of his save- reign, was not likely to be (leficient inr zoal for those who did him the honour to elect him. ( A laugh.) A person in this enviable situ. ation migizit naturally feel a little bias when relating a conversation material to his ovn-case. re Eor the otiser witness, who after protest. ifig against the dlishonesty of a transaction quietly sbared it; ,Aho. did hot knmow whether he wis a partner or a ser- vant; and who dil not recollect -that he was cbarged with -borrowing money in his ntaster's name, little need, perhaps, be added. But' lie would be cxpressly contradicted tiy Mr. MAagraves, who would pro!ve that- he pur6hased no geods with Todd's-invbjce, and that lie gave fof them a reawonable plce. Mr.. Snowdezn was a liaun of character, who for .years had been in- trusted by persons ol- high respectabilitv; and he' confidently looked 'or a fill and comnplete -caqitittal. Frederick Palmicr_ aLAi in the emplorof Messrs.-l.enf and-Co., proved, thatbetweenfourandfiveon theafternoon beforethefire, ne took goods to the w atehouse of Tlhurttcil,-and deliveredl thleir to a porter. Cros-.examilled._-It was nota hleavyparcel. Hegave-it to Enisison. Jane Walker, who had been bar-maid at the Cock, proved that boxes were delivered there from Norvichl before the fire. - Cross-exainin ed;_The boxes a.rived a - lisle' before Christmas; ibe could nof tell'the- dav. Sometimnes thl Dawsouns carne to the Coelc. Mir. Ensor was 6ometimes there, lie used to sit in the bar I sometimes, someidmes in the parlour. Alr. Thomas Thurtell ma- naged the hbusc in her time; he slept there in December; John did not seep there till after the fire. Mir. Snowdon had supped at the, house Itichard Brown, a carnian, br6ved that in fleedmber, 182. hid tooknine boxes from the'Cock to Wat.lng-street. John Bayley proved. tbat before Christmas, 1822, he took goods in a large basket from lIeaf and.Co.'s to Thurtell's warehouse, and delivered them to MIr. John Thurtell. Mr. Jarnes Bullin, of Norwich, proved. that on Novemaber23, 1822, he sold to John Thurtell, for Thomas Thurtell, boiubasins for31. on the 26th, for 401. Abraham. Bagshav, also of Norwich, stated thatin the latter end of 1822 he sold 88 pieces of bandanas to John Thurtell, fr Tho- mas ThurteDl, for 1791., and delivered them to him-in Norwich.- On cross-examination, the witness said he kept a public-house at Norwich, had no shop. and kept no books. He now spoke fronm a copy of the invoice given to Thurtel1. He now kept the Two Quarts. (A laughl.) John (Guard, a livery porter, provedl.that in the latter end of 1822, he brought goods from t.he Blackc bull, two or three times, and de- livered them to Thomnas Thurtell, in XVatling-ctreet. Joseph Ensor said, I have been a clerk il the Bank 14 years. 1 occasionally met Alr. Johln Thurtell by accident. On the day be- fore the fire, I accidentallv met him at the Mitre-tavern, Stangate- walk, in the road from WVestminster-bridge to Vauxhall, between six and seven o'clock. About nine o'clock, he said he lhad a (louble order for the Opera, and asked me to go with him. I went, as soMe of my family were there, and we remained till the Oeera was over. We then went to the Saloon, 'in l iwadilly, and, as tne night was very bad, waited till halt-ast four. It was a dreadful night. -W'e walked together to thellews. He then asked me to take a bed at the warehouse; Ideclined. and we parted. As I passed the Horme- Guards, the clock struck five. Cross.exannined.-Part of my family, a cousin and two sisters, were at the Opera; but I could not find ihen in the crowd. I have often dined at the Cock in the Haymar)et, but did not therebecome acquainted with John Thurtell. I did not form an atquaiistance with him till I was told he was a very respectable young man. I cannot swear that I have not dined and supped with him half a dozen times at the Cock. William Reaves, foreman to the Beacon Fire-office, stated that he examined the preemises of iMrr. Penny after the fire, and found rem- nants of bombasins, silk velvets, and ether things burnt to a cin- der, to the estebt of about a couple of bushels. At the fi.e, there was an explosion, which might carr avway partices of this kind into the air. Ele sawv Mlr. Beauront twice after the trial in the Commen Pleas. Cross-examined.--He did not acknowledge sending letters to Mlr Beaumont; nor was his calling at his request; nor was- there anly conversation respecting a letter. Re-examined.-Mr. Beauraont told him if he could elucidatethel fire to him, he would see wbat could be done for hii-w .hen he left the prison. Barnaby Windsor, fireman to the Phmnix-office, said he was at the fire, but not till afler the door was broken open. At that time there was fire in the back part of Mr. Pennv's warehouse. Here the case for Thurtell and Ennison closed, and lr.GunraxEy proceeded to call witnesses for his client Snowden. IlMr. Thomas Margraves was then called to contradict Wriggles. worth. lie stated that wlben he made the purchases referred' to by the witness, no communication wvas made to himn that the goods lhad beern bought of Todd ad Alorrison. Wrigglesworthrnevermadeany communication which could lead him to regaTd the goods with sus- picion; if he bad, he would nothave toucled them. The result of the purchases sold to country shopkeepers, on credit, gave only a gross profit of 12 per cent. Ile disciarged Wrigglesworth frbm bis service, on account of his making injudicious purchases, which de- stroved his confidence in his judgorent. He told Wriggles-orth he hiadbeeniuforme(d that he borrowed 301. under pretence oftaking up a returned bill fiom IMIr. Lenn v Smith. Cross-.xamined.-Ifedid not reaollectgivingWrigglesworth a elba. racter; bht he could not say lie did not do so. He wish ed to speak of him with kindness; but did not recollect teDing Alr. Tinsen he knew nothing against his integrity, and would alo any thing to ad- vance his views in life. He would not swearhe did not utter those words. He wvas to give Wrigglesworth a certain sum a month, aad also a fouirth of the profits of tlie concern. John Taylor, ivho described bimself as a general agent, said le would not lelieve IVrigglesworth on his oath. Cross-examinea.He knew tke Dawson's and Snowden, but not the Thurtells. AMr. Lenny Smith was called to contradict WVrigglesewrth as to the transacetion with hira; but the LOUtD CHiEF JUSTICE held that it was not admissible, as the question was merely collateral; and therefore the counsel who asked it was bound bythe answer. His Lordship, however, took a note that the evidence was offered, and l that he refuseti it. I iltr. SCARLETT, in reply to the evidence of Reaves, called Mlr. IBarber Beaumont. He said he irquired for "J. J." at WIitecross. lstreet prison, of Baldwin tle tunikey, and was introduced to Reaves. [-Iewent in consequence of a letter which lie took with htim, and . siowed tolleaves. Reaves said he had not sent theletter to .Mr. Be3u- miont, but lie believe;l it was his father. The letter was read. It was signed " A Fireman," and offered to elucidate the concern "s onk certain conditions," and requested him to direct J. J. Reaves proa posed to lay oeen the whole plan; he said the Thurtells had use4 hin ill; antd asaed tobe appointed foremana or agent to the office; huat the witness refsed to give him any encouragement at all. ie called a second time, apd then Reaves saiA soimething very disgustiuig, Cross-examined.l-le told Reaves that if he would refer hiim to ranr witnesses whose evidence Yas mnaterial, they should he paid for their trouble. One advertisement, requesting a particular persorn lwho had called at the office to call again, was inserted ia the new/a. papers, but no others. pr. Sergeant noAUGhes merely olbserved on this 'evidence, that Mr. I3eauniont wou'd do himself more credit, if he abstained from .attending to anonymnous letters, and showed less zeal in the cause. t Ir. SCA&LLETT replieiL-In the course ofaspeech of wbich it is i:npossible to give an outline, he observed, that there was one fact decisive of the cause-that all the goods were- burnt, and all the . invoiceaved, though no evidence was given in what place ofsafdty 1 they were kept. Another decisive fact wvas-, the purchase- of- goods .fromn Todld and Mo0rrison for cash, and thre scale at'the same goodsi by Snowden to Ilargraves, 20 per cent. under the invoice price, on I vhich no observation had been made. Vhit could be the object a' lthis strange conduct, but to obtain colou.able evidence to prod rice in l support of a claim on the office? If the evidence of Ens0r were true F Thurtell mlust have passed his warehouse in Wstlingstreer'whea that place was in fall blaze. The learn.ed counsel recalled to the recolUection ofthe jury the leading facts of the case, and concluded by expressing his belief thatthejury would feel bound to find all the defendantsr guilty. The LORD CHIEF JUSTICE stated the stbstance of the eharge. In pronouncing their verdict, lie was sure the jury would take care to decitde, without reference to any prejudice against either of the parties, or to anyr previous decision in another case. They would take it for granted that the jury decidied in ttie former case aecording to their consciences, on the evidence before them, and theywoula decide according to theirs. Part, and a very material part, cf the evidence a(dduced to-day, was not brouglht forward on a frmner day, because it wras not then knowvn to the D)irectors of the County Fire Office. His lordship then very elaborately went over all the evi- dunce as applicable to the various facts ofthe case, and to the several del'endants, and lel'tit entirely to the c3lm and serious consideration 0o' the jury. The jury consulted for ten minutes, and then found Thomas Tbrurtell and Snowden Guilty; *Thinison Mot GuilIty. The defentdant Thomlas Thurrehl sat in Court with reat com- posure 'ill the Lord ChiefJustice began his charge, when no retired. The verdict was not given till near mdight. COURT OF KING'S BENCH, AVEST?I2StER, JmNE 3. THE KIING V. THURTELT AND OTHERS.