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.
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