"Lord Ellenborough: Is the Appellant in Court?
"Mr. Clarke (his Counsel): He is, my Lord."
He appeared, but said nothing, and then Mr. Clarke addressed the Court with a counter plea for the Appellant. In the course of his speech, he said, "It would appear to me extraordinary indeed, if the person who murdered the sister, should, as the law exists in these enlightened times, be allowed to prove his innocence by murdering the brother also, or at least, by an attempt to do so.
"Lord Ellenborough: It is the law of England, Mr. Clarke. We must not call it murder."
Mr. Clarke then went on arguing that, surely the appeal must be discretionary with the Court, and urged the inferiority of his client's physique.
The Case was adjourned until the 22nd of November, when the Appellant pleaded that Thornton ought not to be admitted to wage battle with him, because both before and after the appeal there had been, and still were, proofs that he had murdered the Appellant's sister. Case adjourned.
On the 16th of April, 1818, Abraham Thornton was discharged, without bail, the appellant declining the Challenge to combat, according to ancient usage. But such a scandal could not long continue, and the law was repealed in 1819 (59 George III. cap. 46).
What became of him, I know not, but I find mention of him in The Morning Chronicle of the 26th of October, 1818. The Liverpool Courier says: "We stated a few weeks ago, that the celebrated Abraham Thornton had arrived in this town for the purpose of emigrating to the United States. He has experienced more difficulty than he anticipated in getting a passage thither. It appears that he had engaged one in the Independence, but, when the other passengers became acquainted with his name and character, they unanimously refused to go in the same vessel with him; and a new Muster roll was, in consequence, made out, in which his name was omitted."
The Chinese Embassy sent out under Lord Amherst had returned, having failed in its object, his lordship refusing to kotoo to the Emperor: his ship, the Alceste, being fired into by the Chinese.
The health of that tough old lady, Queen Charlotte, was beginning to fail, and her physicians recommended her to go to Bath, for the waters, and, in November, thither repaired, accompanied by the Duke of Clarence.