When the Hertfordshire Assizes, at which Thurtell and Hunt were to be tried, opened on 4 December, Thurtell’s lawyer immediately applied for a postponement because of pre-trial prejudice, claiming that the press had caused ‘the grossest injustice towards his client’. As if to prove his case, his affidavit was immediately reprinted in The Times, despite a judicial ban on its publication, as it contained a compilation of all the worst articles that had appeared. The papers followed every twist and turn of these legal arguments. The Morning Chronicle gave thirteen of its daily twenty columns to the subject, and it also produced snappy summaries: the judge, for example, ‘loves the Press, but wishes it had fewer readers’. The crusading liberal paper the Examiner, which had been founded in 1808 by Leigh Hunt and his brother as a Radical voice to counter both the Tory government and the (then) Prince Regent’s Whig cronies, agreed: the judge ‘has been guided throughout by that keen and constant hatred of the press which is the mainspring of two-thirds of the political sentiments of his party … And why is all this? Because the press is the great organ of knowledge. To keep the body of the people in the dark, is the dear and leading aim of many …’ The leader-writer added that the law as it stood did not permit the accused to know what the prosecution’s case would be: ‘A pretty law, then, truly!’ which forbids a man to know what he will have to refute. The newspapers’ job, as he saw it, was to supply that lack.
The trial was postponed for a month, to January 1824, although the press excitement then was no less. The Chronicle printed a supplementary sheet after the first day, and also doubled its normal four pages to eight for a full report; on the second day it returned to four pages, but devoted three of them, plus a leader, to the trial. Bell’s Life in London and Sporting Chronicle devoted five of its six pages to the trial. The Chronicle calculated that over the two days of the trial there were a hundred horses reserved to carry the reports from Hertford by express, to feed the insatiable demand. Even local papers had expresses: the Ipswich Journal finished its report of the opening of the assizes with a triumphant, ‘BY EXPRESS. HERTFORD. FRIDAY, ONE O’CLOCK’.
The Observer printed five pictures in its report – a great novelty, as technology was just beginning to permit the use of engravings in newspapers, instead of the clumsier, and slower-to-produce, woodblocks. Another paper included illustrations of the court, maps of Gill’s Hill, and views of Probert’s cottage. Pictures could also be purchased separately. A journalist returned to London after the adjournment in company with ‘a tradesman from Oxford-street, who had been frightened out of his wits. by hearing that pictures of Gill’s Hill Cottage were actionable, for he had brought “some very good likenesses of the Pond to sell”, and had been obliged to take them out of the window of [his shop], almost the very moment they were placed there!’
The trial itself almost reads as an anti-climax. At this period, prisoners accused of a felony could have legal counsel, but only for advice and to deal with points of law. How rigorously this was applied varied from circuit to circuit, but the theory was that it was up to the prosecution to prove its case so well that no defence could be mounted. And in this particular case there was no defence: publicans and stablemen between London and Gill’s Hill all testified to seeing Thurtell with Weare in the gig. Then Weare vanished, while the pistol with human remains on it was found just where Thurtell had been seen searching. Items belonging to Weare were in the possession of the three men, and Hunt knew where the body was to be found. Thurtell spoke in his own defence, as the law permitted. He read out a list he had compiled of wrongful convictions throughout history, but one journalist thought it was so long that it was counterproductive: everyone stopped listening.*He blamed everybody except himself for his misfortunes: his creditors, his solicitor, fellow merchants, the insurance office – all had betrayed him. As to the murder itself, Hunt and Probert had done it, he said. Hunt tried to read his defence, but was so overcome he managed to read only a bit of it ‘in a poor dejected voice, and then leant his wretched head upon his hand’ while someone else read the rest.
The law required that trials were held continuously, unless the jury demanded a break. Thurtell and Hunt’s trial began at eight o’clock on the morning of 6 January, and ran without pause until after nine o’clock that night, when the jury called a halt. The two defence speeches and the summing-up were heard the next day, after which the jury may not even have retired to consider their verdict: the journals merely say the members ‘conferred’ for twenty minutes. Hunt was convicted as an accessory and sentenced to transportation; Thurtell was found guilty of murder, and the only sentence for that was death.*
Immediately, the horse expresses set off for the printers. For some, even that wasn’t fast enough. The artist William Mulready, having attended the trial, quickly sent a long account to his patron in Northumberland – the trial finished on a Wednesday, and this way he would receive the news long before the Sunday newspapers’ account.† By then, the execution would have taken place – forty-eight hours from verdict to gallows was the rule, unless a Sunday intervened.
This compression was a godsend to the newspapers, the weeklies in particular: they could print the trial, verdict and execution, all in one. The Observer advertised that its execution special would be double its usual length (which was only two pages), and would cost 14d., instead of 7d. Bell’s advertised the same: a double issue, at double the price, and, for its sporting readership, ‘The same publication will contain an account of the Great Fight for Six Hundred Sovereigns between SPRING and LANGAN, for the rival Champions of England and Ireland. written by the celebrated PIERCE EGAN.’ Thurtell’s supporters loved a good fight, and ‘among the sporting circles bets are still offered on the result of the trial, and in many cases these are connected with the fight between Spring and Langan’, noted the Chronicle. § The connection continued to be made. An anti-capital-punishment essay from the 1860s reported on Thurtell’s execution: ‘It is said that the championship of England was to be decided. on the morning of the day on which Thurtell was executed, and that, when he came out on the scaffold, he inquired privily of the executioner if the result had yet become known. Jack Ketch*was not aware, and Thurtell expressed his regret that the ceremony in which he was chief actor should take place so inconveniently early in the day.’
For those who could not afford newspapers, Thurtell broadsides had been pouring out over the past months. Many provided updates and trial reports, while others had songs and poetic effusions. One had an ‘action’ picture, with Thurtell dragging Weare’s body into the bushes (this cost double the normal price, 2d.). ‘The Hertfordshire Tragedy; or, the Fatal Effects of Gambling. Exemplified in the Murder of Mr. Weare and the Execution of John Thurtell’, a particularly long example, can stand here for many. It opened with a description of Thurtell’s idyllic childhood, and his poor, loving mother. But then he sets off for that fatal city, London, and
Like many a gay young man,
He mix’d with thoughtless company,
Which thousands has trepan’d [sic].
He soon forgot his mother dear,
And all his friends behind …
From bad to worse he did proceed,
‘mid scenes of guilt and vice,
Until he learn’d the cursed art,
To play with cards and dice.
And from that fatal, fatal day,
His ruin we may date,
Nor were his eyes e’er open’d,
Until it was too late.
The story of his being fleeced by Weare is rehearsed, and then the unsuspecting gambler heads for