Thurtell's counsel moved for a criminal injunction against the proprietor of the Surrey Theatre in that a performance had been held there, and was being held, which assumed Thurtell's guilt, the identical horse and gig being exhibited in which Weare was supposed to have ridden to the scene of his death.
Finally this was arranged, and a _mandamus_ was granted 'commanding the admission of legal advisers to the prisoner.' At last the trial came on at Hertford before Mr.Justice Park.

It lasted two days, although the judge wished to go on all night in order to finish in one.

But the protest of Thurtell, supported by the jury, led to an adjournment.
Probert had been set free and appeared as a witness.

The jury gave a verdict of guilty, and Thurtell and Hunt were sentenced to be hanged, but Hunt escaped with transportation.

Thurtell made his own speech for the defence, which had a great effect upon the jury, until the judge swept most of its sophistries away.