which I believe and entirely coincide in, but, as Mr Wadeson said, I would not believe him unless corroborated by circumstantial evidence."

His Lordship then clearly, and with the greatest perspicuity, read, and remarked upon, all the evidence ; twice he was interrupted by Thurtell, who respectfully addressed some remarks; after this his Lordship proceeded. "If, notwithstanding the darkness at the time the crime was committed if, notwithstanding the secrecy with which guilt seeks to shroud itself, the finger of God has pointed as plainly to the criminals as if they had committed their crime in the face of day, and before your eyes; it is your duty to your country, your duty to God, your duty to yourselves, to pronounce the verdict which must satisfy your consciences, notwithstanding any feeling you may have towards the individual its consequences may affect. Gentlemen, consider of your verdict." The Jury then retired for about twenty minutes, and returned with a verdict of Guilly against both the pri

soners.

Mr Chitty rose to make a motion on the grounds that the trial was in validated by its having taken place on the Epiphany. Motion refused.

Sentence of Death on the Prisoners.

Mr Knapp-John Thurtell and Joseph Hunt, what have you to say why judgment should not pass upon you to die according to law?

Thurtell My Lord, before the sentence is passed, you will, I hope, allow me to express a wish, and for the last time, that you will consider well the evidence which has been beRemember I now for the last time solemnly assert my innoMy Lord, I have to request, not for myself for as to myself I am ready this moment-but for those

fore you.

cence.

friends who are dear to me, who are now at a considerable distancefriends whom I want to see once more before I part for ever-for them, my Lord, I entreat that you will postpone the execution until Monday.

The Judge, in the most solemn manner, proceeded to pass sentence in the following words :-"The sentence, as I am bound by the law of the land to pronounce it on you, John Thurtell, is, that you be taken from hence to the place from whence you came; thence, on Friday next, the 9th of January, to the place of execution, and there to be hanged by the neck until you are dead; that your body be then taken down and delivered to the surgeons to be dissected and anatomized. The sentence of the Court on you, Joseph Hunt, is, that you be taken to the place from whence you came, and thence to the place of execution, there to be hanged by the neck until you are dead; and may God have compassion on your souls!"

During his address the Judge was melted into tears several times. Hunt appeared occasionally to be deeply affected, and covered his face with his handkerchief; but Thurtell remained perfectly composed.

The prisoners were then removed from the bar.

TRIAL OF THOMAS Hay, for AsSAULT AND ATTEMPTED Murder.

High Court of Justiciary, Edinburgh, February 2.

A case came on for trial this day, which seems unparalleled but by the recent atrocity in Hertfordshire, and can only be compared to some of the crimes which the busy tongue of rumour had alleged against Thurtell and his gang. In the present instance,

the accused, Thomas Hay, resided in a solitary manner in a house in Kingstreet, Leith; no living creature_cohabited with him. Having fitted up his inner-room as a human slaughter-house, he set out one morning in July last in quest of his intended victim, whom he decoyed to the place of sacrifice, and against whom he aimed the murderous blow, but happily failed in the accomplishment of his diabolical purpose.

The prisoner was prosecuted under the Scotch law, (that of Lord Ellenborough not extending to Scotland,) and stood charged with assaulting, stabbing, and wounding, with a lethal weapon, Mr William Moffat, to the effusion of blood, and with intent to slay him, on the 18th of July last, at the prisoner's own house in Kingstreet, Leith.

At a former diet, in consequence of a statement by the panel's counsel that they considered him in an unfit state of mind to be put on his trial, the Court appointed a committee of medical gentlemen to inquire into the state of the prisoner's mind. Their report was now delivered in, and it stated that they considered the panel to be of sane mind.

The Court then asked the panel's counsel if they intended to persist in their plea of the prisoner being incapable of standing his trial. They replied in the negative.

The indictment having been read, the panel pleaded, "I am not guilty, my Lord; but Mr Wilson is guilty of rousing me out of my bed this morning, and bringing me here without my breakfast, a state, I presume, which no one present is in besides myself."

The Lord Justice Clerk told the panel that his manner bore evident signs of being affected and premeditated; and he would just caution him to look more narrowly after his own

interests, and to remember that awful situation in which he stood. His plea of "not guilty" should be recorded.

Mr Menzies, for the panel, delivered in a written defence, which stated that the panel pleaded" not guilty," because at the time the crime was alleged to have been committed, his mind was so distempered as to render him irresponsible for any of his actions.

A Jury having been chosen,

John Mackay, Esq. baron-bailie of Leith, was called to identify the declarations of the prisoner.

The witness identified the panel's declarations, and deposed, that, at the time of their being emitted before him, it was only a few minutes after the man had been stabbed; that the panel's hands were covered with blood; that he appeared much agitated, and in such a state of mind as led the witness to believe that he was deranged; and he therefore remanded him until the evening. When witness questioned him, he hesitated for some time, as though he was making up a story. It was three o'clock in the evening when he examined him again; he then appeared perfectly sane and sensible, and answered all his questions in such a manner as did not induce him to alter his opinion that he was perfectly sane. Witness took great pains to ascertain the state of his mind before proceeding to examine him; he saw the prisoner afterwards; he was then more cautious, but witness still believed him to be

sane.

A Leith police-officer deposed, that he was present when the panel's declarations were emitted; that they were emitted freely and voluntarily; and that he was in a sound state of mind, as far as the witness could say.

Mr William Moffat, wright in Leith, knew the prisoner. On the 28th of July, he happened to take a

walk out as far as Lochend, and on returning about eight o'clock, when about fifty yards from his own workshop, which is situate at the Yardends, Leith, he saw the prisoner standing alone, who, as soon as he saw witness, came towards him; witness asked how he was this morning; he replied not very well; for, jumping over a ditch, he had put his foot on a stone and sprained it; he said he had some repairs to make; witness said he was glad of it; he asked witness then to go along with him to his house to see what they were; witness said, that, having been out so long that morning, it would be necessary first to step into his workshop, and see what was going on; the panel said he could not so conveniently see him at any other part of the day; witness seeing him so anxious that he should go with him, said, "Come along then." The panel conducted him through a by-lane from the Yard-ends, but told witness to send his two dogs (pointers) back, because he had two cats at home, and one had kittened; witness accordingly sent the dogs home; they then proceeded down the lane to St Andrew-street; the panel moved on a little below him occasionally, and particularly when in sight of his own house; witness followed him up two stairs to his house. When they got in, he shut the door, and locked it. Witness said there was no fear of the dogs coming in. He said the cats did not appear to be there-perhaps, he observed, they might be in the He then asked the witness to go into the other room. Witness said all the business they had to do might be transacted where they were; he pressed, and said, "Mr Moffat, do go in," and he went in; witness observed, on entering the room, "You are got very tasty now, I see you have a carpet; but it is

next room.

not laid down properly." It was a waxed oil-cloth, turned the red side uppermost, and the sides and corners standing up in front of the chairs and bed, instead of being laid down under them. The panel then invited witness to take a glass of spirits, as he had been out that morning; witness at first declined, as he was not used to taking spirits in the morning; but he said he was going to take some himself; he did so, and witness tasted it out of compliment to the panel. The panel then said he had bought some property in Edinburgh, and wanted some partitions to be put up in it, as it was too large for him to occupy himself; but that his leg was so painful that he could not go to settle with the person whom he had bought the property of. He repeated this so often that witness thought he wished him to propose to do it for him, and at last offered his services. They sat down; the panel took hold of his hands, and said, “ You have a stronger hand than I." He seemed rejoiced that the witness had offered his services, and said, if he would write out a receipt for the money, he would intrust it to him. Witness, before writing it out, said, he should like to know the amount, and panel said 2201., and gave him twelve 201. notes. Witness said that was more than was required. The panel replied, that interest was due on the money, which only left a balance of 177.; and if he (witness) would write, he (panel) would dictate the receipt to him. The panel turned his back to him, and appeared to be looking out of the window, and repeated what he wished witness to write in

the receipt. Witness objected to the terms, and said he could write a better one himself; the panel desired him to write one, and they could then compare the two. Witness wrote a receipt, which the panel said would

do very well, if witness would add, after the amount received, the words, "from Mr Thomas Hay, King-street, Leith." Witness did so. The panel then asked witness if he could read crampt hand-writings, and witness said he was not much accustomed to them, but he would try. The panel then fetched a letter from a drawer, and witness said it was a crampt hand indeed, it would take him some time. The panel told him to take his time. Witness, after looking it over for some time, said," Mr Hay, you must have read this over before, and are well enough acquainted with its contents, I dare say; I must now go home, and see what the men are doing." Prisoner insisted on witness reading it over to him; witness proceeded with the letter. On taking his eyes off, witness saw prisoner unfolding something, which witness supposed would be the money; but shortly afterwards witness was surprised to hear a very strong suction of breath very near him, and surprised at hearing it so plain, after having seen the prisoner at such a distance, looked up, and saw the prisoner standing over him, and making a thrust with a knife, which, in attempting to ward off the blow, witness received in his right arm. Witness then collared him, and called him a murdering scoundrel; and, wrestling with him, drove him back against the bed, and held him on the floor in a trembling state. Witness, in attempting to take the knife from the prisoner, cut the leader of one of his right-hand fingers, and all the leaders of his left hand. Witness having secured the knife, considered whether it would be best to cry out murder or to fly to the door; witness did the latter, and the door being locked and bolted, witness had some difficulty in opening it; this he at last effected, and then called for assistance, and

the prisoner was apprehended.-(A large buckhorn-handled carver, stained with blood, was now produced in Court.)-The witness identified the same to have been that which was used upon the occasion; had seen no such knife in the room before the attempt was made upon his life. When the police arrived at the door of the panel's house, it was fastened withinside. Witness said he would be responsible for anything the police would do; they then forced an entrance, and apprehended the prisoner. Had previously been acquainted with the prisoner for about three years, and had been in the habit of repairing his property. Never had had any quarrel with him; had not seen him for a fortnight before this event; witness, on that morning, saw nothing different in his manner from what was usual, and had not the least conception of his being in a state of derangement. Prisoner drank a glass of spirits and water, but was by no means drunk, either before or after taking it. Witness identified the surtout coat which he had on at the time. It bore marks of blood on the sleeve, and there was the mark of its having been pierced by the knife. It was St Giles's-street, not St Andrew's-street, into which the lane from Yard-ends led them. The waxcloth was turned up in such a manner that all the blood spilt would have fallen upon it.

Mrs Lawson, King-street, Leith, saw Mr Moffat on a day in July. The house in which the panel lived was just opposite to hers. Recollects having seen Mr Moffat come down the panel's stair that morning; he called out "Murder," and "The police." Mr Moffat griped a large knife, and after speaking of a conversation with the panel about some property, said, "That is what he meant to take my life with." Mr Moffat was cut through

his coat and shirt to his arm, which was bleeding.-(Witness identified the coat and the knife.)-Witness saw his wounds dressed. Mr Moffat had not his hat on when he came down the stairs. The panel had lived there, she supposed, about fifteen years, "but you can ask him; he can tell." (A laugh.)-Never spoke to him in all her days. He was a stupid gang-about sort of a person; never supposed him to be a crazy person; never heard him told of in the neighbourhood as a madman; he appeared a sober man from what she saw of him.

Mr Anderson knew the panel; he was formerly a weaver; did not know that he had been anything lately; had known him a long time; became acquainted with the panel through being neighbours, and knowing his father and family. After his father's death, he gave up the business, and he appeared rather silly like; but saw no other sign of derangement about him than that of giving up the business.

Mr Thomas Black, grocer in Leith, had frequently seen the panel at his shop; he always seemed quite intelligent, and in the full possession of his faculties.

James Mackay, sergeant of police at Leith, recollects being called to King-street, in July last, in consequence of the assault on Mr Moffat; saw a crowd standing about the panel's house; witness was ordered to enter; he rapped at the door, and it was opened by the panel; conveyed him to the police-office; he seemed more agitated at his house than after he arrived at the police-office. Witness was sent to fetch a knife; received it from the hands of a man named Johnson, whom he met coming with it; witness was sent to search the house; observed three cor

ners of the floor-cloth turned up, and some spots of blood upon it; a piece of paper was stuck on the key-hole; on going away with the panel, he (the panel) asked for the key, which was hanging up, that he might lock his door with it; this was accordingly done.

Rose Campbell, another of the Leith police-officers, who went and apprehended Hay, corroborated most of the last witness's evidence.

William Ross, superintendent of the Leith police, stated, that the panel appeared rather agitated when first brought to the police-office. He looked rather curious; he had a downcast look, but he seemed to know what he was doing. Did not appear to be deranged; his downcast looks witness supposed to be his usual expression of countenance, as he had seen him before. Witness searched the panel's house between eleven and twelve o'clock that night. The oilcloth was turned upside down; the edge of it rested against the chair and bed, and the coverlet of the bed, as well as the floor-cloth, was stained with blood. The key-hole of the street door was covered with paper stuck on with wafers, and bloody. Found 331. 14s. 6d. in the house, and some halfpence. The panel was present at the search, and directed where the things were to be found.

The panel's declaration was now read. Among other things it stated, that Mr Moffat made up to the panel in Giles-street, on the morning in question, and accompanied him into his house; that the wound was occasioned by his foot tripping, while he had the knife in his hand cutting bread and cheese with it; that in falling he upset the table and cut Mr Moffat's arm. He (declarant) was unable to say where he purchased the knife, which appeared new, and