The Sun.
London, England, 1841-07-30 00:00:00

INTERMENT OF THE DEAD WITHIN THE CITY.

Mr. ANDERTON said that he rose to submit a motion
of interest and importance to rich and poor. He was
able to show, if the Court thought it necessary, that there
was the most unanswerable arguments for applying to
the Legislature to prevent the sepulture of the dead in
future in the City of London, the only great city in
the world, he believed, in which the practice was per-
mitted.—(Hear, hear, and cries of " Refer it at once to a
Committee.") He should take the hint, as the Court
appeared to be unanimous on the subject. He then
moved—" That it be referred to the City Lands' Com-
mittee to examine into the means of sepulture in the
City of London, and the state and condition of all the
churchyards, places, and vaults, for burying the dead
therein, and also whether it is expedient that an end
should be put to the interment of the dead within the
City, and to report thereon to this Court."
The motion was carried unanimously.
fir PETER LAURIE gave notice of a motion, "that it
be referred to the Committee for general purposes, to
consider the propriety of removing the unnecessary and
unsightly attic projecture over the pediment of the por-
tico of the Mansion-house, and to report their opinion
thereon to this Court."—Adjourned.

SHERIFF'S COURT.
SESSIONS-HOUSE, NEWINGTON—JULY 29.
(Before Mr. Under-Sheriff ABBOTT.)

THE SURREY ZOOLOGICAL GARDENS-BOYS V. CROSS.

This was an action for trespass, the damages being
laid at 1001.

Mr. James, the barrister, said the plaintiff in the case
was a gentleman of the name of Boys, belonging to the
mercantile establishment of Messrs. Baring Brothers and
Co., and the defendant was Mr. Cross, the proprietor of
the Surrey Zoological Gardens, and the action was
brought to recover, at the hands of a Jury, compensation
in damages for the injury done to the plaintiff's premises
by the defendant, who, in his plea, admitted he was guilty
of a nuisance. Mr. Boys was the occupier of a detached
cottage, situated at No. 5, West-street, and within twenty
or thirty yards of the Gardens. Of these premises he
had an unexpired lease of forty years, having already
occupied them for nearly twenty years. He men-
tioned this to show that instead of his going
to, the nuisance came to him. The nuisance
complained of was occasioned by Mr. Cross in
the exertions which he made to amuse the public,
Latterly Mr. Cross had thought proper to extend the
amusements of his exhibition by adding the eruption of
Mount Vesuvius, the novelty of which nightly brought
some 12,000 or 16,000 persons to the gardens for the
purpose of witnessing the display of fireworks. About
eleven o'clock at night this exhibition took place.
Amongst the discharges were a description of fireworks
called maroons, and which he believed were discharged
from mortars. These were filled with gunpowder and
other dangerous substances, and as they fell into the
plaintiff's garden in an ignited state, he was nightly ap-
prehensive of having his house set on fire. This was not
all, for huge rocket sticks (some of which were six feet
long, fell into his grounds, and if any of the family ven-
tured there they stood the chance of being transfixed by
them. Mr. Boys being anxious to be upon good terms
with Mr. Cross, had repeatedly remonstrated with him,
but to no purpose ; and finding the nuisance not abated
he had offered to let Mr. Cross have his premises, find-
ing it impossible to live in them with any degree of com-
fort, although Mr. Boys was only paying a ground rent
of 101. a year ; the place before the wild beasts and Ve-
suvius came there was worth 701. a year, whereas now it
would not produce 501. a year, and that the lease was de-
preciated in value 3201. With these remarks he would
call witnesses in support of the case.
Mr. James Greenstreat, of the Stamp-office, stated
,that he was the occupier of No. 4, West-street. For two
years the "Eruption of Mount Vesuvius" took place,
varying from two to four nights in each week during the
season. Rockets were discharged. There was plenty of
smoke, and a sulphurous smell, unpleasant and obnoxious.
The rocket sticks which came down perpendicularly had
broken the skylight. A hundred of them had fallen in
his garden, all of them ignited, and some in a blaze.
Misses C. and E. Humpleby, relatives of Mrs. Boys,
gave evidence as to the constant state of alarm the family
was in.

Mr. C. Hoggart, auctioneer, proved the value of the
premises previously to the introduction of the fireworks,
and the depreciation since, which was upwards of 201. a
year. He very much doubted whether a purchaser could
now be found for them.

Mr. COWLING, on behalf of the defendant, said that
notwithstanding the powerful and able address of Mr.
James, he considered that this action might have been
spared. Taking the statement of the plaintiff's wit-
nesses, the exhibition of the fireworks had gone on for
four years. Was it not evident that, being tired of his
property, he wanted Mr. Cross to purchase it, and because
he declined doing so, he commenced the present action.
No action had ever been brought against the proprietors
of Vauxhall for a similar exhibition, and there it was
midnight before it took place. It was only when the
wind was high that the fragments of paper were carried
into the plaintiff's ground, and over that element they
had no control. From the pleadings the verdict must be for
the plaintiff; at the same time a farthing would be suffi-
cient.

Under• Sheriff ABBOTT explained the law of the case
to the Jury. After consulting together for some minutes,
the Jury found for the plaintiff—Damages 301.

ASSIZE INTELLIGENCE.
HOME ClRCUlT—Maidstone, July 29.
CIVIL SIDE.
GEORGE V. BANKS, ESQ., AND ANOTHER.

This was an action brought by the plaintiff, a dentist,
in Old Burlington-street, against the defendant, the
High Sheriff of the county of Kent, and one of his offi-
cers, for alleged false imprisonment.
Mr. Platt and Mr. Petersdorff were for the plaintiff,
and Mr. Sergeant Channell and Mr. Clarkson for the de-
fendant.

Mr. Platt, for the plaintiff, stated the case, and said
that the plaintiff was a respectable gentleman, a member
of the College of Surgeons, and at present carrying on
the business of .a dentist in Old Burlington-street, and
he brought the present action against the Sheriff for
having, by his agent, restrained his liberty in the most
unwarrantable manner. The Learned Counsel theft
went on to say that a person named Bressy having some
claim upon a gentleman named Cartwright, a cousin to
the plaintiff, he instituted proceedings against him
and obtained in due course a writ for his ar-
rest. That gentleman denied the justice of the
claim made upon him, and having settled all
his other affairs, he was on the point of proceeding
abroad, and it was arranged that he and the plaintiff,
and some other friends should dine together at Graves-
end before his departure, and they accordingly did so,
and, in the midst of the entertainment the plaintiff 'was
called out of the room by Arnold, a sheriff's officer,
who insisted that he was Mr. Cartwright, and, not-
withstanding the plaintiff's friends assured him that
lie was mistaken, and that he was warned by the
plaintiff of the consequences, he persisted in ar-
resting' him and conveying him to a lock-up
house, where he was kept until the next night, when
-some persons said to Arnold, " God bless me, you've got
the wrong man," and the plaintiff was then set at liberty.
The Learned Counsel then, at some length, pro-
ceeded to comment upon the illegal character of
the act that had been committed, and said that the
conduct of the officer was most unjustifiable, and that
his proper course would have been to have taken
some one with him to identify the party who should
have been taken in execution, and not have laid hold of
the first man he met with, as he appeared to have done in
the present instance.
Witnesses were called for the prosecution, when '
Mr. Sergeant CHANNEL addressed the Jury, and said
he had the honour to appear on behalf of the Sheriff on
the present occasion, and, notwithstanding what his
learned friend had said, and the evidence that had been
adduced, he had no doubt that when the Jury were
made acquainted with the real facts of the case, that
they would say by their verdict that the plaintiff had no
claim for compensation at their hands. The Learned
Counsel then went on to say that he should be able to
satisfy the Jury that the arrest of the plaintiff, and all
the subsequent proceedings on his part, were a mere trick
to defeat the law, and to enable Cartwright to make his
escape and evade the payment of the claim made upon
him. lie then called a number of persons to prove these
statements, when

The Chief Justice TINDAL summed up, and the Jury,
after deliberating for some time, returned a verdict for
the defendants.

NORFOLK ClRCUlT—Norwich, July 28.
(Before Mr. Baron ALDERSON and a Special Jury.)
PALMER. V. IRVING.
This wits an action upon a policy for the sum of 1,5001.,
effected upon the life of one Thomas Howes, in No-
vember last.

Mr. Thesiger, Mr. Andrews, Mr. Palmer, and Mr.
Byles, were counsel for the plaintiff ; Mr. Law (the Re-
corder of London), Mr. Gunning, and Mr. O'Malley,
for the defendant.

The trial occupied the entire day, and at a late hour
adjourned until nine o'clock to-morrow.

The case excites unbounded interest in the county.
The plaintiff is a person of great respectability ; he is at
present Mayor of Great Yarmouth. The defendant is
the chairman of the Alliance London Assurance Com-
pany. The defence rests upon an alleged fraudulent
concealment by Howes, the assured, from the office of
the fact of his being at the time of effecting the policy
addicted to habits of intemperance, and of his being
afflicted with that most dreadful disorder, consumption.
The evidence for the plaintiff was concluded to-day, and
Mr. LAW addressed the Jury in a most able and argu-
mentative speech on behalf of the defendant, after which
the Court adjourned.
CuowN COURT.—(Before Mr. Justice WILLIAms.)
. John Self stood charged with the murder of Jemimali
Stimpson, on Saturday, the 17th inst.
Mr. Evans! conducted the case for the prosecution, and
called a great number of witnesses, who established the
folloWing horrid tale, the particulars of which, from the
.recent occurrence, are rife throughout this extensive
county,

The prisoner is a labourer, aged 20 years, and resides
in a cottage near Wymondham, with his father's family,
about two 'miles from the dwelling of the deceased, a

girl of 15, with whom, however, lic7(lid nut seem `,..o.hae
had any acquaintance before the day of her death.
This being the position of the parties, it appeared from
the testimony of a boy named Duffield, that he and the
girl were at work, cutting thistles and " keeping crows"
in a turnip field, about a mile frogs the dwellings of the
deceased and of the prisoner, who was also at work
on a drift-way called " the Doke," just by the turnip-
field. Having worked all day, the boy Duffield left
the field to get his dinner, leaving the prisoner and the
deceased, who had struck up tda acquaintance at their
meal, near the embers of a fire, the deceased being seated
on a bundle of old sticks which Duffield had picked up
for her during the morning. At this time they both
used a knife. On the return of the boy they had resumed
their labour, and so continued till four o'clock, when the
deceased quitted the field with Duffield, who accom-
panied her as far as a gate in an adjoining field, from
which he watched her on her path till she came up
to a gap leading into a barley field called " the Gaires
Close," where the prisoner had just before arrived,
the boy having seen him proceeding thither from his
own work with the spade over his shoulder. After
this the prisoner and the deceased entered the close, and
were hidden from further observation by the intervention
of a high hedge. The prisoner was next proved to have been
seen in a somewhat circuitous path homewards, by two or
three labourers, with his spade on his shoulder as before,
just at half-past four o'clock, a fact which was elicited
by the production of the prisoner's watch, in answer to a
query of a passer-by. He was next shown to have
reached his home, when he sat down to finish braiding a
straw-hat for his brother, in which occupation he passed
the evening, and retired to rest at his usual hour. Not
so, however, the poor deceased, whose absence from home
caused, as might be imagined, not only:great anxiety, but
a prompt search. This was ineffectual on the Saturday,
but on Sunday her distressed father and uncles, accom-
panied by other friends, proceeded to the turnip-field
and so on to the gap already mentioned, where they
found traces of the " old sticks," while a large spot of
blood and the trampled grass indicated the enactment of
some horrid deed at a very recent period. A
further search led the party to observe a track
across the barley, and following this they came
to a pond, in which they found the body of the
deceased, which presented evident proofs of her having
been most foully murdered. The body, which was with
difficulty extricated from the water, was taken to a
neighbouring farm, and thence to the humble home
which she had so recently quitted in health awl happi-
ness. In the mean time the police proceeded to the
house of the prisoner, who was then absent from home.
A search, however, was instituted, and in his room was
found a pair of trousers behind his bed, while a coat,
which contained the knife of the deceased, waistcoat;
bloody cloth, wet stockings, and a spade, were discovered
in an outhouse. The trousers and spade on being shown
to the surgeon were pronounced by him to be deeply
spotted with blood, whereupon a constable set out in pur-
suit of the supposed offender, who was soon after met
with, walking about as usual in the neighbourhood. On
being met by the constable and asked by him whether he
knew anything of the murder, he said " No ;" and ac-
counted for the blood on his trousers by saying that he
had been working together with Jem Wright, who had
" cut his finger with some stubbs," a statement which
Wright to-day denied the truth of. In addition to these
facts, the brother of the prisoner was called to prove
that the clothes found at his father's house were those
worn by the prisoner on the day in question. He on
cross-examination asserted that his brother had never
changed a single article of his dress on the evening of
Saturday, the 17th, and he said that the trousers were
not concealed, but hung over the bed ; that the stockings,
which were supposed to have been wet through immer-
sion in the pond while worn by the prisoner, were the
property of his father, who had worn them while at work
in a wet ditch on the' Friday, and the awkward ap-
pearance of the bloody cloth (which was supposed to
have contained the prisoner's dinner) was explained by
this witness, who swore that a bag was always used by
the prisoner for that purpose ; and, further, that the cloth
in 'question had been used for the purpipse of staunching
the flow of blood from a wound accidentally inflicted
upon the hand of his little nephew, in whose possession
he had seen it all bloody on FiAday.
Mr. PRENDERGAST, at the close of the case for the
Crown, which occupied the whole day, addressed the
Jury in a speech characterised by great force of reason-
ing, and called several witnesses, who, as well as almost
all the witnesses for the prosecution, gave the prisoner
the benefit of a most exemplary character for kindness of
disposition.

His LORDMIP having summed up the whole evidence
with great care and perspicuit', the Jury considered to-
gether for about a quarter of an hour, when they found
the prisoner Guilty.
The Learned JUDGE immediately sentenced the un-
happy youth to die, holding out not the slightest hope
of mercy on this side the grave. The prisoner conducted
himself throughout the trial, and at its conclusion, with
singular apathy, precisely, indeed, as might have been
expected from one who had shown so little consideration
or feeling after having committed the murder.

POLICE INTELLIGENCE.
MARYLEBONE.
_ _ _

Yesterday Elizabeth Maxwell was placed at the bar
for final examination, on the charge of having attempted
to murder her husband, James Maxwell, by plunging
into his back a dessert knife.

A few particulars connected with the case have already
appeared, and it will be remembered that at the firstin-
vestigation, which was gone into on the 12th inst., the
sufferer was unable to attend in consequence of his being
confined to his bed in Middlesex Hospital, in which In-
stitution he remained for some time in so dangerous a
condition as to render it doubtful if he would recover.
Ever since the period of the first remand the prisoner had
been in a very desponding state of mind, and on her
being brought into the court yesterday burst into a flood
of tears, at the same time covering her face with her
hands. The wounded man, who still seemed to be suf-
fering very much from weakness, got up with some
dif-
ficulty into the witness-box, when his wife looldr.. stead-
fastly at him, and, on his turning towards he:'n_
e eared
so much overpowered by his feelings AS be scarcely able
to stand.
The prosecutor, the driver of one of Hansom's patent
st"..',,ed with considera%le reluctance
cabs, on being sworn,
the particulars of :lie case, and with tears in his eyes,
informed the Magistrate that he did not wish to press
the charge.

Geor6 Hunt, Gloucester-mews, deposed, that on the
day in question, between one and two o'clock, he went
home and found the prisoner sitting in his house crying ;
he asked her what it was for, when she said, that for two
hours she had been following her husband, who was in
company of Mrs. Cooper. They were out eating and
drinking together, and her (prisoner's) feelings were
more than she could endure.
Edmund Weller, one of the .party at the public-house,
said that he saw the prisoner look in at the parlour-door.
She went away, and in a qua of an hour afterwards
she returned. She immediately quitted as before, and
at the same moment prosecutor exclaimed " See what's
the matter with my back." Witness told him he was
stabbed, and drew from his back a white handled dessert
knife ; he then led him to a surgeon's in the neighbour-
hood, and subsequently conveyed him in a cab to the
hospital.
Mrs. Cooper, the female previously alluded to, stated
that, while sitting in the parlour of the City of Here-
ford, she saw the door open ; one of the company said
to Maxwell, " that's your wife, " when he replied, " No,
it's not, she wouldn't do meet a thing as come after me."
.Soon after this she (witness) board a voice exclaim—
" Take that," and at the SUM* instant the door, which
had been opened by some one, shut to. Maxwell fell
with his head across the table, miring to Weller, " Oh,
take that out !" Weller then took from Maxwell's back
a knife, and witness saw no mire ; she was so much ter-
rified that she left the house.

.. _.
The surgeon from the hospital was examined, and his
evidence went to show that_ the wound inflicted was of a
very serious and alarming description.
The prisoner was fully committed for trial.

PoisoNs:—Cotsiderable sensation has been cre-
ated in the scientific circles by the report of the commis-
sion of the Academy on the experiments performed by
M. Orfila for the discovery of poison in the human body
by the use of Marsh's apparatus. The commission, which
is composed of the first chemists of France, unhesitatingly
declares that the pretended proofs of metallic stains pro-
duced by this apparatus are for the greater part fallaci-
ous ; in other words, that the persons condemned to
death on charges of poisoning upon the experiments of
M. Orfila, without other proof, were judicially mur-
dered. M. Orfila having fre vently declared as a wit-
ness on the trials of those pers6ns that his experiments
were infallible,—a declaration which carried conviction
to the minds of the Juries, he naturally attempts to con-
trovert the opinion of thecommission; but he does so with
much feebleness, and for the present, at least, he is lost
in public opinion. You will remember that in the case
of Madame Laffarge, the counsel for the defence were
triumphant until M. Orfila went down to perform his
experiments, and that the Jury returned a verdict en-
tirely on his evidence, although several eminent scientific
men then declared, as the commission now does, that his
experiments were not proofs. But for M. Orfila, Madame
Laffarge, against whom legal proof was wanting, what-
ever might be the moral impression of the Jury, must
have had an acquittal ; for in her case the Circumstan-
tial evidence bore as much in her favour as against her.
The feelings of M. Orfila now are not to be envied for
although no man doubts his conscientiousness, it is the
general opinion that in the endeavour to establish his
theory, and convey to the public the impression which he
himself felt as to the certainty of his experiments, he
bore in all cases with unrelenting severity upon the ac-
cused. So great is the sensation produced by the report
of the Academy, that it is not probable he will again
have an opportunity of turning the scale of justice in
favour of the prosecutor by such evidence as has hitherto
been received.—Letter front Paris.
Sir Thomas Wilde visited Birmingham on
ThursdaY, and, accompanied by one of our townsmen,
inspected a considerable number of our more interesting
manufactories. Sir Thomas was accompanied by his
lady. In the course of his inspection we rather fear Sir
Thomas would find, . with much that was curious and
instructive, a degree of depression for which he was but
indifferently prepared. We are much mistaken if, in
his perambulation, he listened to one individual from
whose mouth the earnest complaint of trade, ruined or
ruinous, did not fall upon his ear. We believe, indeed,
that at no period in its history has the industrious trader
of Birmingham felt more difficulty in keeping his way
than at this moment—Birmingham Journal

Bell's Life in London: of Sunday, August 1„
will contain a most copious account of Goodwood Races,
with Engravings of the Cups, Matches of Cricket at
Lord's, Regattas, and all other Sporting Matters. X.rice
of Bell's Life, Fivepence.