dal. Tindal was Thornton's counsel. Of course I cannot
go here into the argument. The result was, that, on 16th April, 1881,
the full Court (Lord Ellenborough, and Justices Bayley, Abbott, and
Holroyd) declared themselves _unanimously_ of opinion that the appellee
(Thornton) was entitled to, wage his battel, no presumptions of guilt
having been shown clear enough or strong enough to deprive him of that
right. Upon this, Ashford, not having accepted the wager of battel, the
"appeal" was stayed, and Thornton was discharged. Thus no reversal took
place of the previous acquittal of Thornton by the Jury at Warwick
Assizes. But that acquittal had nothing whatever to do with any "trial
by battel;" for I have shown that the "wager of battel" arose out of a
proceeding later than and consequent upon that acquittal, and that this
"wager of battel" never reached the stage of a "trial by battel."

What became of Thornton is unknown, but he is supposed to have died in
America, where he fled to escape the obloquoy showered upon him by an
unforgiving public. The adage that "murder will out" has frequently
proved correct, but in this case it has not, and the charge against
Thornton is reiterated in every account of this celebrated trial that
has been published, though his innocence cannot now be doubted.

~Ashted,~ now a populous part of the town, takes its name from Dr. Ash,
whose residence was transformed into Ashted Church, the estate being
laid out for building in 1788.

~Assay Marks.~--These consist of the initials of the maker, the Queen's
head for the duty (17/-on gold, 1/6 on silver, per oz.), a letter
(changed yearly) for date, an anchor for the Birmingham office mark, and
the standard or value mark, which is given in figures, thus:--for gold
of 22-carat fineness (in oz. of 24) a crown and 22; 18-carat, a crown
and 18; 15-carat, 15.625; 12-carat, 12.5; 9-carat, 9.375. The value mark
for silver of 11 oz. 10 dwts. (in lb. of 12 oz.) is the figure of
Britannia; for 11 oz. 2 dwts. a lion passant. The date letter is changed
in July. At present it is k. The lower standards of 15, 12, and 9-carat
gold (which are not liable to duty), were authorised by an Order in
Council, of December 22, 1854, since which date an immense increase has
taken place in the quantity assayed in Birmingham.

~Assay Office.~--There are seven Assay Offices in the country, the
Birmingham one being established by special Act in 1773, for the
convenience of si