The Sun.
London, England, 1841-07-31 00:00:00

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worn by the prisoner- on the day in. question..:, lie on
cross-examination asserted that his, brtither h-A never
changed a single article.' of his dress. on the eveuing 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 iunner;
Sion in the pond while worn by the prisoner, were the
property of his father, who had worn them while at work
an 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 explainel 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 Ole purpose 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 Friday.
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 LORDSHIP having summed up the whole evidence
with great care and perspicuity, 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 ,fide the„grave. The_prisoner conducted
himself throughout the trial, kid at its conclusion, with
singular apathy, precisely, indeed". as might have been
expected from one who had shown so little consideration
ortfeeling after having committed the murder.

SHERIFF'S COURT.
SESSIONS-ROUSE, NEWINGTON—Jura 29.
(Before Mr. Under-Sheriff Arsnorr.)

THE SURREY ZOOLOGICAL GARDENS-BOYS V. CROSS.

This was an action for trespass, the damages being
laid at 100/.

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 plaintiffs 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 Garden's. Of these premises he
had an unexpired lease -of forty years, havmg already
occupied them for nearly twenty years. ie 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 wl.ich he believed were discharged
from mortars. These were filled with gunpowder and
other dangerous substances, and as they fell into the
plaintiffs garden in an ignited state, he was nightly ap
prehensive of having his house set on fire. This was not
all, for large rocket sticks (some of which were nix 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 10/. a year ; the place before the wild beasts and Ye-
auvius 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 Greenstreet, 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 20/. 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 Annum explained the litirititilitrens(r.,-,,rt
to the Jury. After consulting together for some minutes,
the Jury found for the plaintiff—Damages 30/.

O'CONNELL THE LIBERATOR,
AND THE AUTOCRAT OF RUSSIA.
(From the Dublin Pilot.)
An application was lately made by a lady of high rank
to Mr. O'Connell to obtain from him an autograph, in
order to make part of a collection of the hand-writing of
several " celebrated persons," intended for the Emperor
of Russia. We have got a copy of the reply, dictated
by Mr. O'Connell, and sent to the lady at his desire, by
the gentleman who acts as his secretary. How this re-
fusal prostrates an emperor, and places a subject immea-
surably- above him ! The following is the copy :

Merrion-square, Dublin, 16th June, 1841.

• Madam,—l am diiected by Mr. O'Connell to ac-
knowledge the honour of your Ladyship's letter of the
12th instant, and to express his deep regret that he is
unable to comply with the request of so distinguished
a lady.
" The fact (to use his own words) is, that the hideous
cruelties of the present Emperor of tussia, perpetrated
in Poland even upon women and children, have marked
his character with a deeper shade of infamy than that
:•hich stains the reputation of the Roman Nero ; whilst
his
.Satanic persecution of Catholic Christianity has re-
duced him beneath the level of the ancient Dioclesian.
44 Mr. O'COnnell, therefore, cannot consent, by any act
of his, how-ever slight, to appear to pay a compliment to
so atrocious a monster."
lie respectfuli trusts that you will not consider this
refusal as a personal disrespect to your Ladyship, which
it certainly is not intended to be. It is merely meant as
the expression of his ex.eciation of a tyrant who has de-
served the hatred and contempt of the present genera-
tion, and whose name will be held in horrur by more
impartial posterity.
I have the honour to be, Madam, your Ladyship's
most obedient servant, W. J. O'N. D.

THE WXATHEit.—The heavy fall of rain with
which this town raid neighbourhood has been visited
during the last fortnight has suspended for the pre
sent the hay harvest. I understand that large
masses of hay have ben observed floating down
landst ha t
ainjurye hason ti g ~:oPlies7
the River Derwcnt ; hen..-e it may be inferred
it rain on St. Swithin's festival (the
ewer weather.
it is said to indicate forty days .•
Pit
V'a' tparticular
da3n,,
eirs,a perhapstlittle
to o
far et
Now, though the limitation of this sign
done to the red
.to its banksini )
about this season we
that if a showery time
have usually several w
's need of a miracle to
weather in the sequel.
Thtetrheelperied of St. Swithin's
account for forty days' rain a
shown that whenczrer
festival. Experience has amply
gfortihneanyidyea :tektt.:: N Swithin's
noticed
eeksestsofinshowery and variably,
the hest of the sun is usually the:
dle of July, when es to nearly the end
most intense, it
when the action of that orehas eon-
a wet season sec.- in about the end of June to the mid-
siderably abated ; the rain affording matter for exhala-
general.l.y continues ,
the hottest period
return
•
year. and these exhalations.
_.
for rain. This month is, generally, accounted
always naturally the strongest at
yielding,
in.
oeff
tthhee summer,
the hottest inthe year.
• The highest temperature will
probably prevail near the 19th, 23d, 25th, 27th,
and 30th. In consequence of the excessive heat an
evaporation takes place from the surface of the earth
and waters, and large clouds are formed, which poor
nmtiowansttier
down their watery stores, and deluge the country with
floods, frequently laying the full-grown corn. These
summer storms are generally attended by thunder and.
lightning. I anticipate• from the prevailing influences
about the middle of August, seasonable good harvest
weather, which continues, with little intermission,
during the residue of the month ; but no time must be
lost, as the equinoxial gales, accompanied with heavy
rain and thunder, will be very prevalent during the
mouth of September. On the whole, .I am of opinion
that September will prove an unfavourable month for
harvest operations, but a more favourable change may be
expected at the commencement of October.—G. Snyder,
.Howden, July 14th.

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CURIOUS FACTS, AND NOT FROM Tilt
" DUMFRIES COURIER."--At the farm steading of Mr.
Douglass, Kirkaldy, a hen lately took up her abode with
a young pig, and laid an egg every morning, which
grumphy as regularly made his breakfast of. The hen_
after some days sat down on her nest to hatch, and after
sitting the usual period, walked out with the pig (she
having, as she seemed to assume, hatched him), and she
now goes about cluck, clucking, with her four-footed
brood, and feeds him in the usual way a hen does her
chickens. He lies at night with his head under her wing
(being two or three times as large as herself), and if any
person attempts to touch him, she flies at them furiously.
Sometimes, when ,Toing about the doors with her, he
takes it in his head to have a dance, when she seems a
little astonished, and runs backwards and forwards after
him, trying to check his daffin ; but in vain, until it
suits himself. He proves a most unruly and ungrateful
fellow ; for, notwithstanding all her care and attention,
he goes off and leaves her sometimes, at which she ap.
pears to be very uneasy. She feeds out of the same
trough with him, and. when she gets a particularly good
.frpiece, she tick, tick, ticks, until he cotes and takes it
om )14.—Zdiakrgit Mover.