The dead body of Mary Ashford was found in a pit of
water in Sutton Coldfield, on the 27th of May, 1817,
she having been seen alive on the morning of the same
day. Circumstances instantly, and most naturally,
fastened suspicion of foul play upon Abraham Thornton.
He was tried at Warwick, at the Autumn Assizes of the
same year, and acquitted. The trial was a very
remarkable one. Facts were proved with unusual
clearness and precision, which put it beyond the bounds
of physical possibility that he could have murdered
Mary Ashford. Those facts hinged on the time
shown by several different clocks, compared with the
standard time kept at Birmingham. But the public
feeling on the matter was intense. An engraving
of the scene of the alleged murder, with a stimulating
letter-press description, was published at the time,
and the general sense undoubtedly was, that the perpetrator
of a very foul murder had escaped his just doom.
Hoping to do away with this impression, a well-known
local lawyer bethought himself of the long-forgotten
“Appeal of Murder,” trusting that by a
second acquittal Thornton’s innocence would be
acknowledged by all. Though the condition of
all the parties was but humble, friends soon came
forward with funds and good advice, so that within
the year and a day which the law allowed, proceedings
were taken in the name of William Ashford (Mary’s
brother, who, as next heir, according to the old law,
had the sole power of pardon in such a case) for an
“Appeal of Murder” against Abraham Thornton.
What followed is here given in Mr. Toulmin Smith’s
own words:—“I have seen it stated,
hot indignation colouring imagination, that here was
a weak stripling nobly aroused to avenge the death
of his sister, by tendering himself to do battle against
the tall strong man who was charged with her murder.
The facts, as they stand are truly striking enough;
but this melodramatic spectacle does not formally
true part of them.” A writ of “Appeal
of Murder” was soon issued. It bears the
date of 1st October, 1817. Under that writ Thornton
was again arrested by the Sheriff of Warwick.
On the first day of Michaelmas Term, in the same year,
William Ashford appeared in the Court of King’s
Bench at Westminster, as appellant, and Abraham
Thornton, brought up on writ of habeas corpus,
appeared as appellee. The charge of murder
was formally made by the appellant; and time to plead
to this charge was granted to the appellee until Monday,
16th November.—It must have been a strange
and startling scene, on the morning of that Monday,
16th November, 1817, when Abraham Thornton stood at
the bar of the Court of King’s Bench in Westminster
Hall; a scene which that ancient Hall had not witnessed
within the memory of any living man, but which must
have then roused the attention of even its drowsiest
haunter. “The appellee being brought into
Court and placed at the bar” (I am quoting the
original dry technical record of the transaction),
“and the appellant being also in court, the


