The Sun.
London, England, 1866-06-13 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, JUNE 13, 1800.

locality in question, reminded the House that a con-
sumption hospital was situated very near the Park,
and although, of course, such establishments must
take their chance with others in respect to changes
in their neighbourhood, yet the fact furnishes an
additional argument against permitting the erection
of a standing nuisance. As Mr. BUTTER observed,
We want to get rid of the offensive trades and
manufactures already carried on close to the
Park, not to add to them. Business, of course,
cannot stand still for pleasure or for illness either;
but there is no reason why it should thrust itself
in their way without reasonable necessity. There
are plently of sites where the necessary gas works
might be erected at a trifling additional cost ; and in
fact we agree with Mr. Ain-ros in disapproving of
these enormous constructions in any part of Lon-
don. There is no question that they would not be
permitted in any of these suburban districts in which
the inhabitants had money and leisure enough to
organise a strong opposition, and we cannot see
why they should be forced upon a population who
only require fresh air and space the more from their
being too poor and too hard-working to be able to
spare time and money to fight for them. Such con-
duct is inconsistent with all our recent professions,
and we cannot but hope that the leaders on both
sides will exert themselves to defeat a measure
which, however it may be supported by those per-
sonally interested in its success, is most prejudicial
,o the health and comfort of the people.

LA TEST INTELLIGENCE.

(REUTER'S TELEGRAMS.)

THE WAR CRISIS.

HANOVER, June 13.

General von Gablenz, with several of his officers,
arrived here last night from Ilarburg, and left im-
mediately for Cassel.

KIEL, June 13.

General von Manteuffel has ordered that every
public functionary and official in Holstein shall take
the following solemn engagement :

"the King of Prussia having taken upon him-
self the chief governing power in the Duchy of
Holstein, through the Governor-General von Man-
teuffel, I hereby solemnly engage, in place of an
oath, to submit unconditionally to the orders of the
King of Prussia, and of all authorities acting on
his behalf ; and also to fulfil, loyally and faith-
fully, all duties that may be entrusted to me."
VIENNA, June 13.

Baron von Werther, the Prussian Ambassador at
this Court, received his passports yesterday, and
will leave Vienna this evening.
France has declined to undertake the diplomatic
protection of Prussian subjects in Austria during
the interruption of diplomatic relations between
Austria and Prussia.
Bavaria has also met a similar demand with a
refusal.

The English Government has informed Austria
of its willingness to recognise Prince Charles of

Hohenzollern as Hospodar of the Principalities,
provided he will take the oath of allegiance to the

Sultan.

An Austrian courier, proceeding from Vienna to
General von Gablenz, has been stopped in Prussian
territory and his despatches taken from him.
The Bavarian General Mann has proceeded to
the Austrian head-quarters at Olmutz.

MUNICH, June 13.
Another Conference of Ministers of the Middle
States will be held on Saturday next.
FRANKFORT-ON-THE-MAINE, June 13.
The following declarations has been made by the
Prussian Representative at the Federal Diet in re-
ference to the Austrian motion for the mobilisation
of the Federal Army :
" The Representative of Prussia cannot express
any formal or material opinion on a subject which
is entirely new to him."

GREECE.

ATHENS, June 12.

The King has summoned the Ministers of the
protecting Powers to his presence in order to ex-
plain to them the present critical state of Greece,
and request their advice.
The reply of the Ministers is not yet known.

information that no Austrian troops have recently
been sent to Mexico.

The health of Mr. Davis is greatly improved
since he has been allowed his freedom in Fortress

Monroe.

The steamer Peruvian, from Liverpool, arrived in
the New York quarantine on Thursday. Cholera
of a malignant type broke out on board, and 35
deaths had occurred during her passage. 20 new
cases and 13 deaths occurred in the quarantine yes-

terday.
Intelligence from Peru announces that all Spanish
subjects have been ordered to quit the country, un-
der_pain of imprisonment.
The City of New York has arrived out.

COMMERCIAL INTELLIGENCE.
NEW YORK, June 2, Evening.

Money easy. Gold, 1414. Exchange on Lon-
don, 154 ; on Paris, 3.64. Stocks quiet. New
York Centrals, 98 i Illinois, 1181 ; Erie, 611 ; 5-
20 Bonds, 101'41. Cotton dull—Middling Upland,
38. Flour and wheat dull. Corn quiet. Provi-
sions and sugar steady. Coffee quiet. Molasses
steady. Petroleum very dull—crude 27 ; refined,
424.

NEW YORK, June 2, Noon.
Money easy. Gold, 141. Exchange on London,
154 ; on Paris, 3.64. Stocks steady—New York
Centrals, 99 ; Illinois, 1171 ; Erie, 62 ; Five-twenty
Bonds, 102 k. Cotton quiet--Middling Upland,
39. Flour quiet. Wheat steady. Corn dull. Pro-
visions steady. Coffee dull. Sugar steady—mo-
lasses quiet. Petroleum quiet—crude, 27 ; refined,
42k. Receipts of cotton at New York, four days,
8,000 bales ; exports, two days, 3,000 bales.
NEW ORLEANS, June 1.

Cotton dull—Low Middling, 35 36. Week's re
ceipts, 4,500 bales ; sales, three days, 13,000
stock, 140,000.

ARRIVAL OF THE SAXONIA AND
AMERICA.

SOUTHAMPTON, June 13.
The North German Lloyd's steamer America,
from New York on the 2d inst., has arrived.
She brings 92 bags of mails, of which 40
‘are for
England, and 197 passengers for this port, Havre,
and Bremen; 284,828 dollars for England, 100,000
for Havre, and 94,500 for Bremen.
The Hamburg and American Company's steam-
ship Saxonia, from New York, on the 2d inst. She
brings 233 passengers for this port, Havre, and
Hamburg, $187,000 for England, $71,500 for
France, and $14,000 for Hamburg.

ARRIVAL OF THE BELGIAN.
(Via Greencastle.)
NEW Yorni, June 2 (Evening).
At eight o'clock this morning the Canadian Volun-
teers attacked the Fenians near Ridgeway, but were
forced to fall back for reinforcements.
A Buffalo despatch states that the volunteers
were subsequently reinforced, and drove the
Fenians back, a number being killed and wounded
on both sides. The Fenians are reported to have
been reinforced, and to have entrenched themselves
on Fort Frie, their left resting on the lake, and
their right on the Niagara River.
The Hamilton Volunteers and the Queen's Own
are in the Fenian front, and two regiments of regu-
lars, with an Armstrong battery, are moving to
attack the Fenians in the rear. It is believed that
the entire Fenian force will be captured.
General Grant has arrived at Buffalo, and placed
General Barry in command. He has advised the
State authorities to call out the militia in order to
prevent any hostile expedition from leaving Federal

territory.
The Fenians are said to be concentrating at
various points on the St. Lawrence River, and a
large force is expected to arrive at St. Albans and
Vermont.
The Federal troops have sent pickets along the
entire frontier.

The following important telegram has just been
received by the Grand Trunk Railway Company :
" Fenians had left Fort Erie ; done no damage to
company's property. They are supposed to be
about three miles from Fort Erie, and moving.
An engagement is said to have taken place between
thorn and the Toronto Volunteers, the latter driving
the Fenians, and behaving splendidly. No other
part of the line was attacked or damaged. We
shall hear to-day, probably, of Colonel Peacock, of
the 16th Regiment having come up with them
with regular troops." -

The Fracas on Epsom Downs.
+

TO THE EDITOR OF TIIE SUN.
Sin,-1 am requested by the friends of Mr.Hodg•
Ewa, who was tried last Monday on the charge o.
stealing from a betting man on the Derby day, to
inform xou that with the kind assistance of the two
honourable members for Leeds the facts of his case
have been laid before Sir George Grey, who on
Saturday last advised her Majesty to grant a free
pardon, and Mr. Hodgson was immediately released
from custody.
Having regard to the great public attention this
case has attracted, and to the serious injury ordi-
narily resulting from a conviction for felony, it is
only fair to Mr. Hodgson that it should be, known
that the conviction in his case was the result of mis-
take, as the following facts will show :
The day after the sentence some of the jury inti-
mated that they did not intend to find Mr. Hodgson
guilty of " feloniously taking" the money of the pro-
secutor, but that acting upon the ruling of the Court
they felt bound to convict, and they imagined that
a small fine would have been imposed upon the
prisoner.
The ruling of the Court was to the effect that if
the jury were satisfied that Mr. Hodgson had taken
the prosecutor's money against his will, and with
intent to deprive him of the ownership thereof, they
would find Mr. Hodgson guilty. This ruling was
objected to by Mr. Lilley, who directed the atten-
tion of the Court to a case in " East's Reports," in
which it is clearly laid down that the taking of
goods under a fair claim of right, even by force, is
no larceny; for although the seizure be wrongful,
the intent to steal is wanting. The Court, however,
declined to act upon that case.
Every fact rebutted the idea of any intention to
steal ;_ but, on the contrary, proved that Mr. Hodg-
son, believing he had a right, endeavoured to get
back his money. His conduct may have amounted
to trespass, but certainly not to felony.
It has been stated in some of the papers that the
jury signed a petition praying for a mitigation of
the sentence, and that Mr. Lilley, in presenting it
to the Court, said that the facts of the case were
such as to compel the jury to convict. The learned
counsel made no such statement ; on the contrary,
he in the strongest possible terms disapproved of
the verdict.
The following is a copy of the document signed
by eleven of the jury, who were present in court
when the application was made ; the twelfth jury-
man afterwards informed me that he opposed the
verdict, and contended for one of not guilty :
" Sessions-house, Newington, 6th June, 1866.
" We, the jury, who tried Thomas Hodgson on
the 4th instant, beg to represent that it was and is
our opinion that, in taking the money from the pro-
secutor, he did so as his own, believing he had a
right to it, and that he did not intend feloniously
to take the money from the prosecutor, and we beg
strongly to recommend that the sentence should be
mitigated to a nominal one."
Trusting you will have the goodness to insert
this letter, I am, Sir, yours, &c.,
JAMES HARROWELL.
Epsom, June 11, 1866.

" Whitehall, June 9, 1866

" I am, Sir, your obedient servant,
46 H. WADDINGTON
" James Harrowell, Eaq•, Solieitor, Epsom.”

" Sir,--The Secretary of State for the Home
Department having considered the case of Thomas
Hodgson, in whose behalf you have applied to him,
I have the satisfaction to acquaint.you that he has
felt warranted, under all the circumstances, in ad-
vising her Majesty to grant the prisoner a free
pardon.