54 Extraordinary murder.
knocked at the door, but was refused admittance. He
then left the above mentioned Roe and two others to
guard the house, and came again the next morning.
He was then told by a servant man that Mr. Horne was
gone out. They insisted he was in the house, and threat-
ened to break open the door, on which they were admitted.
They searched all over the house, but could not find Mr.
Horne. Roe pressed them to make a second search. In
one of the rooms they observed a large oak chest, in
which Horne’s wife said there was nothing but table
linen and sheets. Roe insisted on inspecting the contents,
and was about to break the lid, when Mrs. Horne opened
it, and her husband started up in a fright, bare-headed,
exclaiming, “ It is a sad thing to hang me, for my brother
Charles is as bad as myself ; and he cannot hang me
without hanging himself.”
He was carried before two justices of Nottingham, and
after an examination of some hours, was committed
to Nottingham gaol, to take his trial at the assizes. Soon
after his commitment he made application to the court of
King’s Bench, to be removed by Habeas Corpus, in
order to be bailed. For this purpose he went to London
in the custody of his gaoler, but the court denied him
bail, so that he was obliged to return to Nottingham,
where he remained in confinement till the summer assizes,
held on the 10th of August 1759, before Lord Chief Baron
Parker. After a trial which lasted nine hours, the jury
having withdrawn for half an honr, pronounced a verdict
of Guilty. On this occasion the very persons who found
the child appeared and corroborated the brother’s evidence.
He immediately received sentence to be hanged the
Monday following, but in the evening, at the intercession
of some gentlemen who thought the time too short for
such an old sinner to search his heart, the judge was
pleased
knocked at the door, but was refused admittance. He
then left the above mentioned Roe and two others to
guard the house, and came again the next morning.
He was then told by a servant man that Mr. Horne was
gone out. They insisted he was in the house, and threat-
ened to break open the door, on which they were admitted.
They searched all over the house, but could not find Mr.
Horne. Roe pressed them to make a second search. In
one of the rooms they observed a large oak chest, in
which Horne’s wife said there was nothing but table
linen and sheets. Roe insisted on inspecting the contents,
and was about to break the lid, when Mrs. Horne opened
it, and her husband started up in a fright, bare-headed,
exclaiming, “ It is a sad thing to hang me, for my brother
Charles is as bad as myself ; and he cannot hang me
without hanging himself.”
He was carried before two justices of Nottingham, and
after an examination of some hours, was committed
to Nottingham gaol, to take his trial at the assizes. Soon
after his commitment he made application to the court of
King’s Bench, to be removed by Habeas Corpus, in
order to be bailed. For this purpose he went to London
in the custody of his gaoler, but the court denied him
bail, so that he was obliged to return to Nottingham,
where he remained in confinement till the summer assizes,
held on the 10th of August 1759, before Lord Chief Baron
Parker. After a trial which lasted nine hours, the jury
having withdrawn for half an honr, pronounced a verdict
of Guilty. On this occasion the very persons who found
the child appeared and corroborated the brother’s evidence.
He immediately received sentence to be hanged the
Monday following, but in the evening, at the intercession
of some gentlemen who thought the time too short for
such an old sinner to search his heart, the judge was
pleased