The Sun.
London, England, 1836-05-10 00:00:00

ROLLS COURT.--(THIS DAY.)

This being the first general petition day after term, 300
country, and 114 London Attornies were sworn in before the
MASTER of the ROLLS this morning. Next term every Attor-
ney will have to undergo an examination before he can he per-
mitted to practice, which accounts for so large a number being
sworn in this morning.
His Lordship then proceeded to hear the unopposed peti-
tions, which occupied him the remainder of the morning.

KING'S BENCH.-(THIS DAY.)

MILLS V. SECRET.

Mr. ERLE (with whom was Mr. Byles) stated the case. It
was an action for obstructing a foot-way to which the plaintiff
claimed a right, as the possessor of a certain tenement adjoin-
ing. The parties reside at Hadleigh, and the path in ques-
tion adjoined the high road from London to York, and was
used by the parishioners as a Church path. The defendant
built a wall which projected about half-way across the path,
and rendered it,,as the plaintiff alleged, much more inconve-
nient, and the present action was brought to recover compen-
sation for the injury sustained thereby.
A great number of witnesses were examined, who deposed
generally that for fifty or sixty years the path in question had
been used as a Church path, and had been kept in repair by the
parish authorities. They also established the fact that the
wall built about twelve months ago by the defendant, had nar-
rowed the path, and rendered it more inconvenient.
Mr. PETERSDORFF, for the defendant, contended, that as the
plaintiff claimed the right in question as pertinent to a mes-
suage, he must show that that messuage was built for twenty
years; and it appeared in evidence that it was only eighteen
years built. _ _

Mr. ERLE contended that the right was in the field or close
previous to the erection of the messuage, and was therefore con-
tinued in it.

Mr. PETERSDORFF bad another objection. It was pleaded
that the right was a private right, but the witnesses had proved
that it was a public one.

Lord DErsrwi—That is for the Jury to say.
Mr. PETERSDORFF then addressed the Jury for the defendant,
and called witnesses to prove that the erection of the wall in
question was no inconvenience, and that the defendant had im-
proved the path very much, by gravelling and rendering it
more passable.
The Jury found for the plaintiff—Damages, Is.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD COURT.

John Brown, a person of respectable connections, was in-
dicted for assaulting Harry Edward Desmond, with intent to
commit an abominable offence.

The prosecutor stated that he first became acquainted with
the prisoner on Easter Sunday night, at a public-house at
King's.cross, which they left together and went to several
other public-houses ; and in the course of their nocturnal
rambles they went to one near Fleet-street, and from thence
to the Three Tuns, in Smithfield, where the alleged assault
was committed, the particulars of which cannot be reported.
The witness stated that he struck the prisoner, and gave him
in custody.
The prosecutor underwent a rigid cross-examination by Mr.
BODKIN, when he stated that he is a married man ; that he
danced with some prostitutes in Fleet-street, whom they treated
in Bride-lane. He also admitted that the prisoner made an
indecent advance to him, before he committed the offence on
which the prosecution was founded, and instead of quitting
the prisoner, he afterwards treated him.
A lad of the name of John Parker, a waiter at the Three
Tuns, confirmed some part of the prosecutor's statement.
Mr. BODKIN addressed the Jury in an impressive manner on
behalf of the defendant, whom he described as a teacher, a
married man, and moving in a respectable sphere of life. The
Learned Gentleman, in conclusion, remarked upon the immo-
ral conduct of the prosecutor, and the ease with which such an
accusation could be made.
Several witnesses were examined on behalf of the defendant,
with the view of weakening the evidence of the prosecutor ' •
and others were called, who gave the prisoner a good moral
character. •
_ _

Mr. Sergeant ARABIN summed up the evidence.
The Jury returned a verdict of Acquittal.
The COURT hoped this would cause the defeneant to be
more cautious in future. The prosecutor was also repri-
manded, and refused his expenses.

ZOOLOGICAL GARDENS.—The number of visitors
during the past month was 10,460, from whom the sum of 3881.
Is. was received. Amongst the more recent donations are a
Malay bear, and two hives of bees, on a new principle of ma-
nagement, by Messis. Nutt and Neighbour. Letters have been
received from M. Thibaut, at Malta, dated 6th April, which
state that the giraffes were in good health and condition. The
Manchester steam-vessel, which lately conveyed Prince Ferdi-
nand to Lisbon, has proceeded to Malta for the purpose of
bringing them over to this country, it having been chattered
by the Council for 1,0001. The necessary fittings will be pro-
vided for their accommodation by the Government at Malta.
It is expected that the final removal of the Museum to the new
premises, in Leicester-square, will take place the latter end of
this month.