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

THE SUN, LONDON, WEDNESDAY EVENING, JUNE 13, 1866.

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. AYRTON 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
to the health and comfort of the people.

LA TEST INTELLIGENCE.

(REUTER'S TELEGRAMS.)

THE WAR CRISIS.

ll.tNovEn, June 13.

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

KIEL, June 13.

General von Blanteuffel 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 uncondittonally 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 passports yesterday, and
will lCeaovuert Court, received h i
seivs
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 thatall 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, 141 f. Exchange on Lon-
don, 154 ; on Paris, 3.64. Stocks quiet. New
York Centrals, 98 ; Illinois, 1181 ; Erie, 64 ; 5-
20 Bonds, 1014. 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,
42f.

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, 1021. 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 YORK, June 2 (Evening).

At eight o'clock this morning the Canadiau Volun-
teers attacked the Fenians near Ridgeway, but were
orced 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 arc 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 Eric, and moving.
An engagement is said to have taken place between
them 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.
4,
TO THE EDITOR OF THE SUN.

Sm,-1 am requested by the friends of Mr.Hodg-
son, who was tried last Monday on the charge of
stealing from a betting man on the Derby day, to
inform you 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."

Trustiug you will have the goodness to inser
this letter, I am, Sir, yours, &c.,
JA➢iES UARROWELL.

Epsom, June 11, 184 G.

" Whitehall, June 9, 1866.

" 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.

" I am, Sir, your obedient servant,
" H. WADDINGTON.
"James llarrowell, Esq., Solicitor, Epsom."

PRUSSIA AND THE DIET.

(RE'UTER'S EXPRESS.)

FRANKFORT-ON-THE-MAINE, June 10.

At the sitting of the Diet yesterday the Prussian
representative made the following statement upon
the position recently assumed by Austria in the
Schleswig-Holstein question :
" The envoy is instructed to repel again, as con-
trary to fact, the assertions by,which the Austrian
Government insinuates that Prussia has desired to
effect the annexation of the Elbe Duchies by force.

" With regard to the overture in which Austria
remits the entire Schleswig-Holstein matter to the
decision of the Diet, and guarantees upon her part
the most implicit adherence to that decision, the
envoy is ordered to declare that his Government
cannot reconcile that act of the Imperial Court
either with the treaties existing between the two
Governments, or with the competence of the Con-
federation. The reciprocal relations of Prussia and
Austria in the matter of the Elbe Duchies have
been regulated from the beginning by precise agree-
ments.

"When, in January, 1864, the two Powers agreed
to take personally in hand the defence of the rights
of the Duchies, they concluded a convention which
settled first, provisionally, the measures to be taken
immediately ; but foresaw, at the same time, the
case when the course of events would release the
two Powers from previous treaties. In this respect
the convention contains, under sec. 5, the follow-
ing passage, clear and unequivocal, and upon which
rests the legal basis of the ulterior relations of
Prussia and Austria :

" In case hostilities should take place in Schles-
wig, and in case, consequently, the situation created
between these Powers and Denmark shall have
ceased to exist, the Courts of Prussia and Austria
reserve to themselves the right of settling the future
situation of the Duchies by common agreement
only. To bring about this agreement they will con-
cert, in case of need, such ulterior measures as may
be required. They will not in any case settle the
question of succession to the sovereignty of the
Duchies save by reciprocal agreement.
" Conformably to the position thus taken up by
the two Powers, the rights of King Christian IX.,
the King whom these Powers had recognised, were
ceded to Prussia and Austria by the Vienna Treaty
of Oct. 30, 1864, and the common right of the two
Powers to dispose of the Duchies was admitted.
Out of this right of disposition sprang the conven-
tion concluded at Gastein, Aug. 14, last year. By
this convention the exercise of the rights ac-
quired by the Vienna peace became the object
of a geographical partition ; but the right
itself of sovereignty over the two Duchies re-
mained by express reserve common to the two sove-
reigns—a fact which gave a new sanction to the
principle by which the question of the Duchies
could not be decided, nor could the Duchies them-
selves be disposed of save by mutual agreement.
Austria contravenes these conventions, when with-
out having previously secured the adherence of Prus-
sia, it expressly dispenses with that adhesion, places
the matter in the hands of the Confederation, and
engages to submit to the decision of the latter.
" The King's Government seeks in vain for ar-
guments capable of defending this rupture of the
engagements imposed upon Austria by treaty, stipu-
lated from the begiuning of the war complications
and maintained by the Gastein Convention. It can-
not accept as a reason for this rupture the pre-
text that in the conviction of the Aus-
trian Government the Germanic Confederation
has a primordial right to settle by itself the question
of the Duchies. The Austrian Government cannot
pretend that the competence of the Germanic Con-
federation has hitherto been based upon any right
whatever further than a right .extending to the Fe-
deral country of Holstein, and not touching the
Duchy of Schleswig. The Imperial Cabinet, in
accord with Prussia, demanded by its vote of Feb.
11, 1864, that the Diet should establish its right.
It further, in a despatch of Jan. 10, that same year,
to the Austrian Minister at Munich, laid down its
objections to and -its doubts upon the extension
given by the Federal Diet to its competence in terms
so precise that the envoy (Prussian) considers it
needless to dwell thereupon, the situation having
since suffered no essential modification.

" The King's Government does not hesitate to
declare that, looking at the question of the Duchies
as a national question, owing to the tic which unites
Holstein and Schleswig, it is far from wishing to
settle it in a different way to that it has taken up.
Already, in a despatch forwarded the 7th of last
month to Vienna, it has stated that it was ready to
treat the Schleswig-Holstein question jointly with
that of Federal reform, seeing therein the means of
rendering a pacific solution easier. Even now it
only awaits the time when it can settle this ques-
tion with a Federal Power, in whose midst the assis-
tance of the national Parliament will serve as a coun-
terpoise to the influence of individual interests, and
will supply a guarantee that the sacrifices made by
Prussia will be definitively turned to the welfare of
the entire country and not to the profit of dynastic
desires.

" Under present circumstances, and with regard
to the limits plainly imposed upon the competence
of the Federal Assembly by the existing constitution,
the King's Government is ,bound to oppose the
disposal without its assent of rights appertaining to
it in particular, which it has acquired by sanguinary
contests, and which international treaties have
ratified.

" With regard to the notification of the Austrian
Government to the Federal Diet, that full special
powers have been forwarded to General von
Gablenz to convoke the Holstein Estates, the envoy
is desired to point out that his Government con-
siders the convocation of the Estates as a right of
sovereignty, and that therefore that right, espe-
cially now that the stipulations of the Gastein Con-
vention have ceased to be in force, should be exer-
cised in common by the two sovereigns.

MARKE T S.---This Day.

MARK-LANE.

Fresh up to our market to-day the arrivals of home-
grown wheat were very moderate. 'The trade was firm
both for red and white samples, and Monday's advance in
prices was well supported.
There was a moderate show of foreign wheat on the
stands. The amount of business transacted was by no
means extensive ; nevertheless the quotations were very
firm.

Floating cargoes of grain were steady, at full quotations.
English barley was in short supply, but the market was
moderately \ supplied with foreign qualities. The trade
was steady, on former terms.
Malt changed hands slowly at Monday's currency.
Oats were in good supply-, and the trade was heavy at
barely late rates.
Beans and peas were steady at full prices.
There was a fair demand for flour on former terms.
SKIP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch 1,190 880 620
Irish
Foreign 6,940 7,530

24,470 1,610 sks.
bls.
COMPARATIVE QUANTITIES AND PRICES OF GRAIN.
For the week ending June For the corresponding week
9, 1866. last year.
Qrs. Aver. Qrs. Aver.
Wheat 47,666-47 s id Wheat 57,704-41s 5d
Barley 983-35s 9d Barley 2,751-28s 8d
Oats' 2,342-25s Bd' Oats

BOROUGH HOP.
The trade for all kinds-of hops rules firm, and the late
advance in prices is supported.

WHITEUHAPEL.

The supply of meat on sale is moderate. The trade is
slow at tho subjoined currency:—

Per 81b. by the carcase.
Beef 3s Od to 4s 8d Mutton ... 4s Od to 5s 8d
I Veal 4s Od to 5s 2d Pork
Lamb, 6s Od to 7s 4d.

GOLD Siiir.—The Celaano, belonging to Messrs.
J. and D. Parker, left Dunedin, New Zealand, on April 14,
with 8,8900 z. of gold, and 2,614 bales wool.
A WALK OF 82,000 MILES.—A wonderful old
man, named Thos. Bartrom, resides at the village
of Harome, in the North Riding. Ho has for 24 years been
a woodman on Lord Feversham's estate, and during the
whole of that period has walked to and from his work, an
average of 10 miles per day. He still wields the axe and
continues his double march (night and morning), and is
somewhat proud of his nearing the distance of three times
round-the earth: He is hale and strong, but not of any
great muscular power.