ABRAHAM THORNTON. 83
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no more of her. He then proceeded homewards, and met
young Mr. Holden, and a man and woman near his (H.’s)
father’s house. After meeting some other persons in and
near Castle-Bromwich, with some of whom he stopped and
conversed, he arrived at his father’s house about twenty mi-
nutes to five. He changed his coat and hat, but not his
shoes; although they were wet from walking through the
grass. The deposition further stated, that he had been
drinking a great deal in the course of the night, but that he
was not much intoxicated.]
Mr. Bedford's examination continued. The deposition
just read, was taken by me about one o’clock, on the 27th of
May, at the house of Daniel Clarke, at Tyburn.
Thomas Dale sworn. Examined by Mr. Sergeant
Copley. I am one of the assistant constables of Birming-
ham. I was applied to on the morning of the 27th of May,
to go to Tyburn-house. I arrived there about ten o’clock,
and took the prisoner into custody. Daniel Clarke, the
landlord, was then in company with him. Mr. Bedford, the
magistrate, arrived there about eleven o’clock. The prisoner
was then in my custody. The prisoner said, when he was
before the magistrate-
Mr. Reynolds. My Lord, I humbly submit to your
Lordship that my learned friend cannot pursue this course of
examination.
Mr. Justice Holroyd. Certainly not—if the object is to
make an addition, by oral testimony, to the prisoner’s written
examination taken before the magistrate.
Mr. Reader. My Lord, I know the worthy magistrate
before whom this examination was taken, too well to believe
that a fact of any importance transpired which was not put
into the deposition.
Mr. Sergeant Copley. We submit, my Lord, to your
Lordship’s decision.
The examination of Thomas Dale was then resumed.—
After the examination was taken before the magistrate, I took
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i -
no more of her. He then proceeded homewards, and met
young Mr. Holden, and a man and woman near his (H.’s)
father’s house. After meeting some other persons in and
near Castle-Bromwich, with some of whom he stopped and
conversed, he arrived at his father’s house about twenty mi-
nutes to five. He changed his coat and hat, but not his
shoes; although they were wet from walking through the
grass. The deposition further stated, that he had been
drinking a great deal in the course of the night, but that he
was not much intoxicated.]
Mr. Bedford's examination continued. The deposition
just read, was taken by me about one o’clock, on the 27th of
May, at the house of Daniel Clarke, at Tyburn.
Thomas Dale sworn. Examined by Mr. Sergeant
Copley. I am one of the assistant constables of Birming-
ham. I was applied to on the morning of the 27th of May,
to go to Tyburn-house. I arrived there about ten o’clock,
and took the prisoner into custody. Daniel Clarke, the
landlord, was then in company with him. Mr. Bedford, the
magistrate, arrived there about eleven o’clock. The prisoner
was then in my custody. The prisoner said, when he was
before the magistrate-
Mr. Reynolds. My Lord, I humbly submit to your
Lordship that my learned friend cannot pursue this course of
examination.
Mr. Justice Holroyd. Certainly not—if the object is to
make an addition, by oral testimony, to the prisoner’s written
examination taken before the magistrate.
Mr. Reader. My Lord, I know the worthy magistrate
before whom this examination was taken, too well to believe
that a fact of any importance transpired which was not put
into the deposition.
Mr. Sergeant Copley. We submit, my Lord, to your
Lordship’s decision.
The examination of Thomas Dale was then resumed.—
After the examination was taken before the magistrate, I took
G 2