Having been declared guilty by the jury, the learned judge (Mr. Serjeant Onslow) put on the black cap, and passed the awful sentence of the law upon the prisoners. Keppel, whose conduct throughout the whole transaction had been most thoughtless and hardened, then directly addressed the court in the most abominable language. He told the judge, that he was a bloody old rogue, and damned him and his laws together; and was only prevented from continuing his abuse, by his being forcibly removed from the dock.
The unhappy wretches continued, up to the day of their execution, which took place at Horsemonger-lane jail on the 28th July, 1823, to exhibit the utmost levity of demeanour, but were at length brought to a just sense of their condition on the morning of their death, and were turned off, professedly lamenting their past misspent life.
JOHN THURTELL AND JOSEPH HUNT.
CONVICTED OF MURDER.
FOR cold-blooded villany in its conception, its planning, and its perpetration, this murder must be allowed to stand unparalleled. The sensation which it created throughout the country was such, as was probably never exceeded in any previous case.
John Thurtell, the principal actor in the affair, was the son of a respectable and worthy man, Alderman Thurtell of Norwich, who twice filled the office of mayor of that city. Early in life he went to sea, and on his return obtained a lieutenant’s commission in the German Legion, then serving in Portugal. He also served in Spain, and was at the storming of St. Sebastian. In 1821 he was residing at Norwich as a bombasin manufacturer, and in that year, he came to London to receive 400l. for goods which he had sold to a respectable house, and which, on his return, he was to pay among his creditors. Instead of doing so, however, he fabricated a story that, as he was walking along a lonely spot, near Norwich, he was stopped by footpads, and robbed of it; but his creditors did not hesitate to tell him that he had invented this tale for the purpose of defrauding them; and, to avoid their importunities, he set off for London, in company with a girl, with whom he had lived for some time. Here he commenced business, in conjunction with his brother Thomas, but soon failed. On the 26th of January, 1823, their premises in Watling-street were burnt down, and very strong suspicions were entertained that the fire was wilful, and that the object of the Thurtells was to defraud the insurance-office.
About two years before this event, by which the brothers were thrown out of the immediate means of subsistence, John Thurtell had become a frequenter of a public-house in Bow-street, called the Brown Bear, which has since been removed, but which was then well known, as the resort of sporting men, and as a house much frequented by persons addicted to gaming. There was a room at the back of the premises, where high play was frequently countenanced among the customers, and where Thurtell, almost on his first introduction to the society, lost 300l. at blind hookey in the course of a very short time. Mad at his loss, he appears to have almost formed a resolution to quit a house for ever, where he firmly believed that unfair play was resorted to; but at the persuasion of his new friends, he became reconciled, and seemed to enter into the sporting circles, with somewhat of a determination to endeavour, by any means, to retrieve his own losses, and to profit by the inexperience and indiscretion of any, who might come in his way. He was doomed to be again disappointed, however, and to be again taught a somewhat severe lesson. The fights between Hickman, the Gasman, and Oliver, and between Jack Randall, and Martin “the master of the Rolls,” were at this time on the tapis, and Hickman and Martin were in training at Wade’s Mill, Herts. Thurtell was too good a flat to be given up yet, and on his exhibiting some anxiety to become acquainted with the men, he was conducted to them and introduced to them; the object being to deprive him of any little money, which he might still possess. Weare, who was his subsequent victim, was no less a frequenter of the Brown Bear, and no less an admirer of all the sports of the ring, and of the field; and having by a pretty long acquaintance with the “flash” world obtained a good knowledge of its members, and of its habits and proceedings, he was selected as the “plant,” to be put upon the pigeon, who was to be plucked; or in other words, he was to be introduced to Thurtell as a new hand, and by pretending little acquaintance with the ways of the sporting world, was to draw him out, and then, bringing his real knowledge of all the habits of playmen into operation, was to fleece him of all he possessed. The plan being agreed upon was soon carried out, and another 300l. being eventually won from Thurtell, he swore vengeance against those who, he now clearly found, had conspired to rob him. They saw, however, that it was useless to proceed further against their dupe with any chance of getting anything from him, and in order to conciliate him, they determined to let him into a secret, which cost them nothing, and by which he might be able to secure some return for the losses, which he had sustained, by their instrumentality. He was therefore informed of a “cross,” which was about to take place, that is, an unfair fight, which was to be fought, and by introducing him among their acquaintance, they procured for him a bet, by which he secured a sum of 600l. Thus successful, no effort could induce him to quit a circle, for which he appeared to have formed a strong partiality; and he soon became known as one of a gang of the most unprincipled and successful gamblers. In his rounds, he frequently met Mr. Weare, and it appears that that gentleman had originally possessed a very considerable property, but, unfortunately, from his being a dupe, had himself become a gambler. It was not until Thurtell had been for some time acquainted with this person, however, as will be seen by the evidence, that the plan was laid for his murder; and the inducement for the commission of this diabolical offence is now well known to have been a “private bank,” which Mr. Weare carried about him, in a pocket in an under waistcoat, and to which he had been frequently seen to convey money, when any “chance” turned up in his favour; and from which he had also been seen to take the necessary funds for carrying on any game, when he saw the likelihood of winning by the hazard of a large stake.
The circumstances immediately attending the murder are so fully and so well detailed in the opening speech of Mr. Gurney, (now Mr. Baron Gurney,) who was employed to conduct the prosecution, on the trial, which took place at Hertford, on the 5th January 1824, that it is almost unnecessary to do more than to give it at length.
The prisoners, who stood indicted, were John Thurtell and Joseph Hunt. The former has been already described; the latter was at that time well known as a public singer, and was somewhat celebrated for the talent which he possessed.
Mr. Gurney, in opening the case to the jury, stated that the deceased, Mr. William Weare, was known to be addicted to play, and to be in the habit of frequenting gaming-houses, and that the prisoner, Thurtell, was acquainted with him, and, as it was said, had been wronged by him, in respect to some play, in which they had been engaged, and had been deprived by him of a large sum of money. The prisoner, Hunt, was also known to Mr. Weare, but was not in habits of friendship or intimacy with him. He would next describe a person, whom he should have to call in evidence against the prisoners. He alluded to Probert, who was a party to the murder, after its commission, although it did not appear that he had any hand in its actual perpetration. He was engaged in trade as a spirit-dealer, and he rented a cottage in a secluded spot, called Gill’s Hill Lane, situated about three miles from Elstree. He was himself usually engaged in London, in his business, during the day, and his wife lived at the cottage, which was a small one, and was fully occupied by his wife, her sister, (Miss Noyes,) some children of Thurtell’s brother, Thomas, a maid-servant, and a boy. The vicinity of this cottage was selected by the prisoners as a fit spot for the perpetration of the murder, which had been already determined upon; and the mode of the commission of which, he should now proceed to describe. Thurtell and the deceased met at a billiard-room, kept by one Rexworthy, on the evening of Thursday, the 23rd of October, and being joined there by Hunt, Mr. Weare was invited by Thurtell to go to Probert’s cottage, for the purpose of enjoying some shooting in the neighbourhood, for two or three days. He accepted the invitation, and the following day was fixed for him to meet Thurtell, who promised to drive him down to the place. On the forenoon of the Friday, the deceased called at Rexworthy’s, saying, that he was going out shooting with Thurtell, and at about three o’clock he went home, to the chambers, which he occupied in Lyon’s Inn, and having partaken of a chop dinner, he packed up some clothes in a green carpet bag, and the laundress having called a coach, he went away in it, carrying with him the carpet bag, a double barrelled gun, in a case, together with a back-gammon board, containing dice, &c. He left his chambers in this manner before four o’clock, and drove first to Charing Cross, and afterwards to Maddox-street, Hanover square; thence he proceeded to the New Road, where he got out of the coach, but returned after some time, accompanied by another person, and took his things away. At this time, Thomas and John Thurtell had need of temporary concealment, owing to their inability to provide the bail requisite to meet a charge of misdemeanour; and Probert had procured for them a retreat at Tetsall’s, at the sign of the Coach and Horses, in Conduit-street, where they remained for two or three weeks previous to the murder. On the morning of Friday, the 24th of October, two men, answering in every respect to the description of John Thurtell and Hunt, went to a pawnbroker’s in Mary-le-bone, and purchased a pair of pocket-pistols. In the middle of the same day Hunt hired a gig, and afterwards a horse, under the pretence of going to Dartford, in Kent: and he inquired at the stables where he could purchase a sack and a rope, and was directed to a place over Westminster Bridge, which, he was told, was on his road into Kent. Somewhere, however, it would be found that he did procure a sack and cord; and, on the same afternoon, he met at Tetsall’s Probert, the two Thurtells, and Noyes. Some conversation took place at the time between the parties, 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 Tetsall’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:” and he requested Probert to bring down Hunt in his own gig. In the course of that evening the prisoner, Thurtell, was seen in a gig, with a horse of an iron-grey colour, with a white face and white legs. He was first seen by a patrol, near Edgeware; beyond that part of the road he was seen by the landlord of a public-house; but from that time, until his arrival at Probert’s cottage, on the same night, there was no direct evidence to trace him. Probert, according to Thurtell’s request, drove Hunt down in his gig, and, having a better horse, on the road they overtook Thurtell and Weare, in the gig, and passed them without notice. They stopped afterwards at a public-house on the road, to drink grog, where they believed Thurtell must have passed them unperceived. Probert afterwards drove Hunt until they reached Phillimore Lodge, where he (Hunt) got out, as he said, by Thurtell’s desire to wait for him. Probert from thence drove alone to Gill’s Hill cottage, in the lane near which he met Thurtell on foot, and alone. Thurtell inquired—Where was Hunt, had he been left behind? and added, that he had done the business without his assistance, and had killed his man. At his desire, Probert then returned to bring Hunt to the spot, and went to Hunt for that purpose. When they met, he told Hunt what had happened. “Why, it was to be done here!” said Hunt, (pointing to a spot nearer Phillimore Lodge,) admitting his privity, and that he had got out to assist in the commission of the deed. When Thurtell rebuked Hunt for his absence, “Why,” said the latter, “you had the tools.” “They were no good,” replied Thurtell, “the pistols were no better than pop-guns: I fired at his cheek, and it glanced off.” He then proceeded to detail to them the mode, in which he had committed the murder. He said that when he fired, Weare jumped out of the gig, cried for mercy, and offered to give up his money; but that he had pursued him up the lane, and finding the pistol useless, had knocked him down; that they then struggled together, and he tried to cut his throat with a pen-knife; but that eventually he had killed him, by driving the barrel of the pistol into his forehead, and then turning it in his brains. Mr. Gurney then continued to state, that a few minutes before the time at which the murder must have been committed, a gig was heard to pass Probert’s cottage at a rapid pace, and the servant boy, who was in momentary expectation of his master’s return, imagined that it was he. He found, however, that he did not arrive at the cottage, and he proceeded about the work on which he was before engaged. In about five minutes after this, some persons who were near the road distinctly heard the report of a gun or pistol, and then voices, as if in contention. Groans were next distinguished; but they became fainter and fainter, and at length they altogether died away. The spot from which these noises proceeded, was Gill’s Hill Lane, near the cottage of Probert. At about nine o’clock Thurtell arrived at the cottage, and although he had started from town accompanied by a friend, he now was alone; but he had with him the double-barrelled gun, the carpet bag, and the backgammon board, which Mr. Weare had taken with him from his chambers. He gave his horse to the boy, and it had the appearance of having been sweated; but it was now cool, and it appeared as if, after having been driven fast, it had been allowed to stand. The boy inquired after his master, and was told that he would soon arrive, and then Thurtell went out again. His meeting with Probert had been already described; and Hunt having been again taken into the gig by the latter, from Phillimore’s Lodge, they all returned to Probert’s cottage together; Thurtell walking by the side of the gig. Probert on his arrival immediately went into the parlour, and acquainted his wife with the circumstance of Thurtell and Hunt having come down, as they were not expected; and presently on their joining him, Hunt, who was a stranger to Mrs. Probert, was formally introduced to her. They then supped on some pork-chops, which Hunt had carried down in the gig from London; and afterwards they all three went out together, professedly with the intention of calling on Mr. Nicholls, a neighbour, but in reality to visit the body of the murdered man. Thurtell conducted his two companions down the lane, and having led them to the spot where the murder was committed, they dragged the body through a hedge into an adjoining field, and there rifled the pockets of his clothes. Thurtell had already taken away his purse and watch, and they now secured a pocket-book, and any other valuables which he had in his possession. They then went back to the cottage, and Thurtell, with a sponge which was in the gig, endeavoured to remove some marks of blood which were on his clothes, many of which were distinctly seen by Probert’s boy; and having been partially successful, they all proceeded again into the parlour. In the course of the evening Thurtell produced a gold watch and seals, but without a chain; and he also displayed a gold curb chain, which when single might be used for a lady’s neck, or when joined, was fit to be used for a watch. Opening the chain, he remarked, that it was more fit for a lady than a gentleman; and he pressed it on Mrs. Probert, and eventually made her accept it. Some conversation then took place, and Hunt sang two or three songs, and then an offer was made, that Miss Noyes’ bed should be prepared for the two visitors, and that Miss Noyes should sleep with the children. This, however, was declined, and Thurtell and Hunt declared that they would rather sit up all night in the parlour. Mrs. Probert and Miss Noyes at length retired to rest, leaving the three men down stairs; but something had raised suspicion in the mind of Mrs. Probert, in consequence of which she did not go to bed, nor undress herself. She went to the window, and, looking out, saw that Probert, Hunt, and Thurtell were in the garden. It would be proved that 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, enclosed in a sack, was then placed 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. The parties then returned to the house; and Mrs. Probert, whose fears and suspicions were now most powerfully excited, went down stairs, and listened behind the parlour door. The parties proceeded to share the booty; and Thurtell divided with the rest, money to the amount of six pounds 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 seen in the lane together. Some men who were at work there observed them, as they called it, “grabbling” for something in the hedge; and being spoken to by these men, Thurtell observed, “that it was a very bad road, and that he had nearly been capsized there last night.” The men said, “I hope you were not hurt.” To which Thurtell answered, “Oh! no, the gig was not upset,” and then went away. These men, thinking something might have been lost on the spot, searched, after Thurtell and Hunt 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 pair which were purchased by Hunt. That pistol bore upon it the marks of blood and of human brains. The spot was afterwards still further examined, and more blood was discovered, which had been concealed by branches and leaves; so that no doubt could be entertained that the murder had been committed in this particular place. On the following morning, Saturday, the 25th of October, Thurtell and Hunt left Probert’s cottage in the gig, carrying away with them the gun, the carpet bag, and the backgammon board, belonging to Mr. Weare. These articles were taken to Hunt’s lodgings, where they were afterwards found. When Hunt arrived in town on Saturday he appeared to be unusually gay: he said, “We Turpin lads can do the trick. I am able to drink wine now, and I will drink nothing but wine;” and he seemed to be very much elated at the recollection of some successful exploit. 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, and that his hands got scratched in that occupation.” On some other points he gave similarly evasive answers. On the Saturday, Hunt had a new spade sent to his lodgings, which he took down to the cottage on Sunday, when he again accompanied Probert in his gig. When he got near Probert’s garden, he told him that it was to dig a hole to bury the body in; and soon after their reaching the house, Thurtell joined them. On that night Probert visited Mr. Nicholls; and in the course of a conversation which took place between them, that gentleman remarked that some persons had heard the report of a gun or pistol in the lane on Friday night, and that he supposed that it was a joke of some of his friends. He denied all knowledge of the circumstance to him, but on his return home he communicated what had passed to Thurtell and Hunt. They were much alarmed at it, and the former declared that “he was baked;” and they all became extremely desirous to conceal the body effectually, more especially as Probert considered that he should be in danger, in the event of its being discovered in his garden. Thurtell and Hunt promised to go down to do it on the next evening; and in order that Probert’s boy should be out of the way, they took him to town with them on the next day, and lodged him at Tetsall’s in Conduit-street. They returned, in obedience to their promise; and while Hunt engaged Mrs. Probert in conversation, Thurtell and Probert went into the garden, and having drawn the body from the pond, placed it in Thurtell’s gig to be carried away. Hunt was then apprised that all was ready; and he and Thurtell drove away with the body, refusing to tell Probert the place in which they intended to conceal it. He should now describe the circumstances under which this fearful and cold-blooded crime had been discovered, and its perpetrators brought to justice. The discharge of the pistol in Gill’s Hill Lane, and the subsequent suspicious finding of the blood-marks, and of the knife and pistol, were circumstances which had induced great alarm in the minds of the inhabitants and magistracy of the surrounding neighbourhood; and although at first there was little to prove the absolute fact of murder having been committed, the whole of the appearances of the case were such as to leave little doubt that the two prisoners and Probert could explain, if they would, the real cause of the events which had produced so much confusion and suspicion. They were all, in consequence, taken into custody; and although Hunt had shaved off his whiskers, which had been previously very large, and had otherwise disfigured himself, he was proved to have hired the horse and gig which Thurtell had taken to Gill’s Hill, and in which it was known that a person who was now nowhere to be found had accompanied him. Strict inquiries were made, and the most active investigation carried on by the magistrates, but nothing could be elicited which could in the slightest degree lead to the discovery of who was in reality the murdered man, for that murder had been committed was now presumed to be beyond a doubt; but at length, on the Thursday morning, Hunt, upon a species of understanding with the magistrates, pointed out a pond near Elstree, at a considerable distance from Probert’s house, and there, sunk to the bottom by means of stones, in a state of nudity and covered only by a sack, were discovered the murdered remains of a man, who afterwards proved to be the unfortunate Mr. Weare, the former friend and companion of the prisoner Thurtell. The learned counsel having stated these circumstances, declared that in order to prove them all, he should be compelled to call before the jury Probert as a witness, who was confessedly privy to the concealment of the body, if not to the actual murder; but he should so build up and corroborate his testimony by that of other witnesses, that he conceived that no doubt could be entertained of its veracity. With regard to the prisoner Hunt: he was charged as an accomplice before the fact. He hired the gig, and he procured the sack. The gun, travelling-bag, and backgammon board, were found in his lodgings. These constituted a part of the plunder of Mr. Weare, and could be possessed only 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.