The Sun.
London, England, 1844-08-03 00:00:00

THE SUN, LONDON, SATURDAY MORNING, AUGUST 8, 1644.

Bill was, that he expected a communication from Ireland
relative to the Bill.

the corner of the straw stack, and when it blazed up he
threw the third match down, and ran Away.
Cross-examined—There were one or two hundred
persons present when I went to the fire. The stacks were
in an open field. My attention was first attracted to
the fire about eleven o'clock, at which time it was blaz-
ing and bad attracted a great deal of attention. I had
known the prisoner before, and had conversed with him
once or twice on the subject of fires, and I believe he is
very fond of going to them. I know nothing of the state
of his mind. The effect of my conversation with the pri-
soner was not to induce a belief that ho was silly. He
is commonly called "Cuckoo," and I believe he answers
to the name. The prisoner was with me four or five
hours before I took him to the fire. I only gave the
prisoner half a pint of beer at the public-house where
I first took him. I am not aware that drink has a great
effect upon the prisoner. When I took him to my house
the prisoner had about a wine-glass more beer out of a
tumbler. He subsequently emptied the tumbler of beer.
He had made the confession before I gave him this beer,
but when' he had drunk the beer, he said he would
tell us which way he went. I did not see any other foot
tracks than those of the prisoner in the direction that he
took us. _ _

to the stack by mere accident; that having a toothache he
had lighted a pipe, but being unaccustomed to smoking the
pipe had fallen out of his month among some loose straw as
he was taking some up on a fork to litter the horses. This
statement he again made to the magistrates, in the follewing
terms :—" I never had no such thoughts as our places get-
ting a fire. lam very sorry to think they happened as they
was; it was done accidentally by me. I was so last night
that I could not mention how it was done, because when I
knew there was a fire I recollected how I had done it. I
hope the judge will have mercy on me, not to punish me
too much. If I had done it for the purpose, I should have
thought nothing too bad for me. I had a good master
and a good mistress, and I had no occasion to do it for the
purpose."
Mr. C.COOPER having addressed the jury for the prisoner,
Mr. Justice WILLIAms left it to them to say whether the
fire was or was not wilful, and therefore malicious, or, as
the prisoner represented it to have been, the result of neg-
ligence and accident.
The jury having consultel together shortly, found the
prisoner Guilty.

Sir J. GRAHAM said he was very anxious to con-
sult the convenience of the Hon. Gentleman, but he
really could not postpone the third reading of the Bill,
as it was necessary that it should be passed as soon as
po3sible.

OXFORD ClRCUl7l—Stafford, July 31.
CIVIL SlDE.—(Before Lord Chief Justice TINDAL).
At the sitting of the Conrt this morning, the case of the
Stourbridge Navigation Company against Firmatone, which
was appointed to be taken at nine o'clock, was called on, but
as only five special jurymen answered to their names, and as
a " tales " was objected to, the cause was made a remanet,
and the absent jurymen, with the exception of those who
were detained at home by illness, were fined 201. each,

Re-examined—A good deal of time was occupied in
going to the river and making inquiries. I gave nothing
to the prisoner until he complained of being hungry and
thirsty, and I swear that he was perfectly sober.
Charles Mandeville—l am one of the Guildford po-
lice. On the night of the fire I went to the prisoner's
house, and when the last witness came to me we inquired
for the prisoner, but could not find him. The witness
then proceeded to confirm the testimony of the last wit-
ness, and added that the prisoner, when he pointed out
the foot tracks, made others by the side of some of them,
and said, " You see it is my foot." We remarked there
was a half-tip to the shoe, and the prisoner held up his
foot and showed that he had a half-tip on his shoe. The
prisoner also said that if the wind had been a little more
in the west it would have made the old house smoke.
The prisoner made this statement in answer to a remark
made in his behalf relative to the wind, to the effect
that it was fortunate there was an east wind at the
time of the fire, or much more damage would have been
done. The prisoner was perfectly sober at this time.
By Mr. CEIAnNOCK—When the prisoner was at the
house of the inspector he told us he would show the
way he went to Mr. Bicknell's. I hare known the pri-
soner all his life. He is about twenty. eight years old,
but I know nothing of his state of mind. He has been
in the service of Mr. Drewett as shepherd. Ido not
consider the prisoner silly. He always answered every
question I put to him properly. I have myself some-
times called him " Cuckoo." He has been in the habit
of prognosticating about the weather, but I have not
heard him shout out in the street, " It will be a wet day'
to-morrow." The prisoner is generally called through-
out the neighbourhood " the cuckoo boy.' He was not
very cheerful at first, but when he had told us the story
he said that he felt better, and he afterwards told us all
the 'particulars, and seemed much more cheerful. The
fire could be seen all over the town of Guildford.
By Mr. CLARKSON—The prisoner is in the habit of
imitatinr, the notes of birds, and among others those of
the cuckoo.
Mr. Bicknell recalled—l remember when the pri-
soner was brought to me by the witness Hollington. I
have know him ever since he was a boy. I asked him if
he was the man who had set my premises on fire? He
said " I am." I said " How came you to do it—have I
ever injured you?" Prisoner replied, " No, I have no
animosity against you, but I am not right in my head
at times, and don't know what lam about." The pri-
soner then said ho would show us which way he went,
and as we were going along he told me how he had fired
the stack, and pointed out a hedge where he had sat
down and looked at the fire while it was blazing. He
then took me to several places, and showed me his foot-
steps, and upon my remarking that some were not very
plain, he told me'thatif I would go with him to the next
field, which was fallow and hadj been recently
ploughed, he would show me some that were very plain,
and he pointed out the mark of his tip, and made an
impression with his foot, and said, " Is not that a well
tit?"

HILTON V. LOBO GRANVILLE.
For the plaintiff were Mr. Fitzroy Kelly, Q.C., Mr. God-
son, Q.C., Mr. J. Smith, and Mr. Stammers; for the de-
fendant, Mr. Sergeant Wilde, Mr. Sergeant Talfourd, Mr.
Whateley, Q.C., Mr. Ellis (the .Attorney-General for the
Duchy of Lancaster), and Mr. Somerset.
The declaration in this action was in "case," tht action being
brought nominally to recover compensation for inju:l;es sus-
tained by the plaintiff in consequence of the working of
tain mines, belonging to the Crown, of which the defendant
was lessee, but as he had admitted the injury complained of,
and also that he was the aggressor, the question really at
issue was, whether, in fact, there was any prescriptive right,
as claimed by Lord Granville, to work the mines in his oc.
cupation without liability to make compensation for damages
which might accrue to any buildings or lands during the pro-
gress of the excavations beneath the surface of the ground.
Mr. KELLY, in opening to the jury the plaintifi's case, said
that the subject matter for their present consideration was
one which could scarcely be surpassed in importance by any
question which could arise, either between the Crown and a
subject, or between man and man ; for although Lord Gran-
ville was the defendant here, the Crown, under whom his
Lordship held, was in fact the party to whom the plaintiff
was opposed, and, consequently, all that wealth, power,
talent, ingenuity, and industry could suggest would be
brought forward to prevent what he contended was the vin-
dication of his rights. The right claimed by the Crown
was one to work and excavate the whole of the land com-
prised in the manor, for the purpose of obtaining coals and
iron stone, without restriction, control, or qualification, as
close to the surface as might be considered advisable by the
lessees of the mine, whether the land above were arable, pas-
ture, or whether it were covered with houses, buildings, or
tenements of any description ; so that eventually all or any
of those buildings might, as in the present instance, be
brought to a state of utter demolition and ruin. This claim,
preposterous as it seemed, drew no distinction between old
and modern buildings, the dwellings of the poor or the more
magnificent residences of the wealthy. Mansions of all kinds,
hopitals, churches, were alike endangered, in whatever
portion of the populous manor they might be situated, and
yet, as it was alleged, no demand for compensation would
be attended to, no redress, no relief afforded, however great
the injury to property might prove. The point for the
consideration of the jury was simply whether a party re-
presenting the Crown was justified in digging in the manner
described, without notice, request, or warning, and without
making compensation. The right was claimed, too, through-
out the whole manor, under the town of Newcastle-under-
Lyne, under a large tract of country, particularly under
Shelton and llanley, consequently the devastation might, if
unchecked, extend to every building in those populous town-
ships, inhabited as they were by more than 20,000 inhabi-
tants, comprising two churches, nine or ten chapels, a county'
infirmary erected at an expense of 22,000/., various manufac-
tories, residences of considerable value and beauty—altoge-
ther to the number of 4,000 houses. . .

On the conclusion of the Learned Counsel's speech, evi-
dence was adduced to prove the order of the Lord Chan-
cellor ; the conveyance of the property to the plaintiff's
father ; his own accupation since his father's demise ; and,
finally, the detriment to which that property had been sub-
jected by the defendants since the year 1834.
The plaintiff's case having thus terminated,
Sir T. WILDE made an application to the Court to have
the further hearing .of the case postponed until to-morrow
morning, at nine o'clock. This request was acceded to by
the Learned Judge.
CROWN COURT.—(Before Mr. Sergeant ATCIIEELEY.)
Philip Davis, aged 23, a labouring man, was indicted upon
a charge of having attempted to extort money from James
Taylor, under a threat of accusing him of having endeavoured
to commit an offence of a horrible description.
Mr. Owen conducted the prosecution ; Mr. Allen appeared
on behalf of the prisoner.
The Learned Counsel for the prisoner declined addressing
the jury on behalf of his client, who was convicted, and sen-
tenced to transportation for ten years.
Mr. Godson, Q.C., has been assisting the Learned Judge in
the trial of prisoners during the latter part of the day.

By Mr. CHARNOCK—I cannot say that I consider the
prisoner to be of weak mind. He told his story very
cheerfully, and walked over the field and pointed out the
foot-marks. _ _ _

Jeremiah Campbell proved that he watched the river
on the night in question. and looked for eel-lines, but
could not find any, neither did he see any person come
to the river.
Sarah Elderfield—l am the prisoner's aunt, and reside
in Bury Field-lane, Guildford. The prisoner and two
other boys live in the house with me. On the night of
the fire, the prisoner went out between six and seven
o'clock, and he did not return until half-past eleven, be-
fore which time the officers had been to inquire for him.
I asked the prisoner where he had been so late, and he
said with a man from Godalming, whom he did not
know, setting eel-lines.
Cross-examined—The prisoner has lived with me for
twelve years. His father lives at Isleworth, and is a
very poor man. I think the prisoner is of very weak
mind, and he had fits when he was a baby. Formerly I
have remarked that his head was quite soft at the back,
and ho frequently fainted when his hair was cut. He
used to wander about the fields, but I am not aware that
he was ♦ery fond of going to fires. The prisoner does
not live very well, and if he gets half a pint of beer it
is quite enough to set him talking ; and if he had taken
a pint, I should not pay any attention to what he said.
Ile once told me that he had dug a hole in St. Cathe-
rine's••hill. but I do not recollect that he said he was

MIDLAND CIRCUIT.—Derby, July 31.
MERCER V. WITALL.—(SpeCiaI Jury.)
This was an action brought to recover damages under cir-
cumstances of rather a peculiar nature.
Mr. Hill, Q.C., and Mr. Huinfrey were for the plaintiff ;
and Mr. Whitehurst, Q.C., Mr. Waddington, and Mr. Mellor,
for the defendant.

The plaintiff is a person between 40 and 50 years of age,
and has lived for a considerable number of years in Chester-
field, where he officiated as managing clerk to an attorney
of the name of Thomas, at whose death he passed into
the service of • Mr. Richard Gratton, and upon that
gentleman's death, the business being purchased by the
defendant, he was taken along with It, and the consi-
deration to be paid was his articles, and a salary of 601.
per annum for the five years he would have to serve. This
arrangement was come to in the early part of the
year 1841. It appears that in the early part of 1842, the
defendant on his return from Lincoln, where he had been de-
tained for a fortnight or three weeks by ill health, thought
he had reason to complain of the conduct of his clerk, and
shortly after the plaintiff was dismissed from his employ, and
lost the other advantages guaranteed to him, and this dis-
missal was notified in a letter sent by the defendant's bro-
ther. The grounds of dismissal as set forth in the plea were,
that the plaintiff had been guilty of a breach of duty in hav-
ing combined with one Joseph Gratton, attorney, living at
Chesterfield, to deprive the defendant of the benefit that
should result from his purchase of the business aforesaid ;
also to induce persons to employ the said Joseph Gratton in
preference to the defendant, and also that the plaintiff had
personated the defendant, &c.
The plaintiff called the Joseph Gratton alluded to in the
plea as a witness on his behalf; but on his cross-examination
it appeared that Gratton and Mercer had been too intimate,
considering the relative positions in which they stood to Mr.
I,Vhall, the one being a rival attorney, and the other Mr.
Whall's articled clerk.

going to bury himself in it. It was a very curious place,
and several people as well as myself went to see it. I
believe the hole is there now. I never knew the pri-
soner to be mischievous. Since he last came out of pri-
son, I think his head has been worse than before, and he
told me of a dream that he had had while in gaol. On
the Wednesday, the day before the fire, he complained of
his head ; and when he went out he told me he should
not be home that night, and I sent his brother to watch
him, as I feared something would happen to him. I met
the prisoner afterwards, and he told me his head was so
bad that he could not get home.
By Mr. CLARKSON—The prisoner has had no fits since
he was quite a little boy. He has been at work for a
Mr. Drewett during the last seven or eight years, and
be received seven shillings a week. The prisoner had
never been under any restraint. I did not observe any-
thing particular in his conduct, from the time he came
out of prison until the day before the fire.
By Mr. Baron GURNEY—The prisoner was in custody
for three months.
Baron GURNEY—What was he tried for ? Witness—
He was tried for a fire.

This was the case for the prosecution.
Mr. CHARNOCK then addressed the jury, and said that
in a case of this description, which was of a character

The Learned Judge summed up very carefully, and the
jury, after a short consultation, found a verdict for the plain-
tiff—Damages, 300/.
CROWN COURT.—(Before Mr. Justice •Coi.mr.Ax.)
Isaac Dakin, aged 22, was charged with ravishing Harriet
Hartshorne.
Mr. Wildman prosecuted, and Mr. Dennison conducted the
defence.
Verdict—Guilty. Sentence deferred.

to excite a prejudice in the mind of every man against
the author of the crime. It was very difficult, indeed,
to overcome that prejudice, but he trusted the jury would
not allow it to prevail with them, but that they would be
guided solely by the evidence in the cause. The case
had been most fairly and honourably conducted by his
Learned Friend, but upon the facts, as they
had been proved, he submitted that the evi-
dence was not sufficient to prove, without any rea-
sonable doubt, that the prisoner was guilty of the crime
imputed to him. The Learned Counsel then wont on
to say, that the first question for the jury to consider
was, whether the prisoner was proved to have committed
this offence at all ' • and he submitted that this was very
far from being made out. Should they, however, be of
opinion that this was made out, he contended that the
evidence for the prosecution itself made out sufficiently
the fact, that the prisoner was of weak mind and not
accountable for his actions. It was in evidence that he
was called the cuckoo-boy, and that he was looked upon
by all who knew him as a silly, childish parson ; and
although, probably the jury were not very well ac-
quainted with medical matters, yet their own common
sense would induce them, he apprehended, with very
little difficulty to come to the same conclusion. Ile
would then remark upon the' absence of any motive
of revenge or towards the prosecutor, and upon
the extraordinary manner in which the prisoner had
confirmed his crime, and actually called evidence against
himself, which he submitted was convincing proof of the
weak state of the prisoner's mind.
Mr. Baron GURNEY then summed up, and said the
first question for the jury was, whether the prisoner
committed the act imputed to him. If they thought he
did not, there was nothing more for them to consider,
but if they entertained a contrary opinion, then they
would have to consider, not whether the prisoner had a
weak mind or a silly mind, but whether, at the time he
did so commit it, he was in such a state of mind as to
know what he was about, and be capable of distinguishing
between right and wrong. It was not necessary for any
motive to be proved, and during the present circuit
children of eight, nine, and twelve years of age had been
convicted of offences of this description, when it ap-
peared that their only motive was to see a bonfire; but
as it was proved that they knew they were doing wrong,
they were convicted and punished for the offence. The
Learned Judge then went minutely through the evi-
dence, and left the case in the hands of the jury.
The jury, after deliberating for a short time, acquitted
the prisoner upon the ground of insanity, and he was
ordered to be detained in safe custody.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERKEIV WELL. . _

Charla Henry Thomas, a genteel-looking young man,
three vols. quarto,
s t
splendidlyea st- r toast-rack,
c k,
a clerk to Messrs. Tennant and Harrison, solicitors,
Gray's Inn-square, was charged with stealing a quantity
snuffersboof u silver-plate, ldv edition
r Ti
andl a tseto,
stand
n tcdho,
ent sty. so
Pictorialt .n g o
Bible,f Chinese
ii
in candlesticks,kshawls,a
a telescope, and other valuable articles, the property
of Miss Elizabeth Grimes, to whom Air. Harrison, is
guardian.
In December last six cases of plate, books, &c., were
brought from Bristol, and deposited in a room adjoining
the office, in Gray's Inn-square, and to which the pri-
soner had access. On the 19th of June the prisoner
pledged the candlesticks at the shop of Mr. King, a
pawnbroker, in High Holborn, alleging that hiff name
was John Thomas, and that they were the property of
his aunt, a Mrs. Crowe, who lived in Gray's Inn-lane.
On the same representation he pawned, at intervals, the
other articles at Mr. King's, and at Mr. Crocket's,
another pawnbroker, living in Dean-street, Holborn.
On the 18th ult., he offered the silver toast-rack in
pawn to Mr. King, but demanded so small a sum upon it
that his suspicions were awakened, and he sent for po-
lice-constable Chapman, 38 E. When the constable
arrived, the prisoner expressed his readiness to conduct
him to his aunt, whom he now said lived in Leather-lane,
and who would at once confirm the veracity of his state-
ment ; but finding that Chapman was determined on in-
vestigating the matter, he made a full confession of his
guilt. The property was identified as Miss Grimes's, by
Mr. Hull, an appraiser, and it appeared that the mason
of the prisoner's stating the articles were the property of
Mrs. Crowe was because the name of Crowe (Miss
Grimes's aunt) was engraved on the inside of the bibles
and prayer-books.
He was committed for trial to the Old Bailey.
A young lad, named Thomas Hobbes, was sent to the
House of Correction for two months, for stealing fifteen
apples from the orchard of a person, named Rippon,
residing in the Archway-road, Holloway. Mr. Rippon
was not present. The boy had never been in custody
before ; but the policeman who apprehended him, Ser-
geant Kell, S, said he saw him in company with bad
characters. The boy was aged about fourteen. Mr. I
Greenwood was the Magistrate.

NORFOLK ClRCUlT.—Norwich, July 31.
Robert English, aged 20, was indicted for wilfully and Mali-
' ciously setting fire to certain stacks and premises, the pro-
; perty of John Hogg, with intent to injure James Smith.
Mr. Cooper appeared for the prosecution; Mr. Carlos
Cooper defended the prisoner.
The prosecutor, Mr. Smith, is a farmer, residing at Wret-
ton, in this county; and the prisoner is a fanning servant, in
his employment. On the night of the 7th of May the prose-
cutor went up to bed at eight o'clock, but had scarcely seated
himself when he was alarmed by the voice of his wife, shriek,
ing out "Fire, fire!" Rushing down stairs, h" and his
stacks on fire, and, in a short time, the hoilSo and out-build-
ings were destroyed by the devouring el:,,nent. A saperin-
tendent of the police riding home fr-m duty savir the fire, and,
hastening to it, lent his aid 1- "
flames, and, while so eln,,g,d, was asked llq. a stranger,
Ho.oert,
"How he thought efore he could
s'.,,e fireliad originated l'" 13
reply, the l'n i
irr-':-.,ner, who was at bis elbow, intetreted, and
..... arresting the progress of the
said, "1 w"..5 in the kitchen and heard it kuskt .1.1.1; a great
9n,no,s_. So did
my mistrees) who tritil out, Lawk-a-mercy,
whatever can that be?" 'The abruptness of this in-
terruption cre,atod a suspicion in the mind of the policeman.
and after the tire was quelled he went to the " mistress," and
ascertaining from her that the sto about the " cannon" was
an invention, but that she had see thetho prisoner go to the
stack-yard just before the fire broke out, he took him into
custody on the present charge. On the following day a boy,
named Harrod, came forward and charged the prisoner with
having told him on the previous evening, after talking
about the late fires, " Ah, ba'! They talk of coming to Wret-
ton next. What should you think if this house and stacks
were all to be burnt by the time you come to work to-mor-
row 1* This question, which the boy thought a " run one,"
he mentioned to his mother before the fire, and afterwards
to the policeman, in whose
presence the prisoner reversed
the facts and accused the boy of taking the lead in the con-
versation about the fires. On his way to the magistrate,
however, he burst into tears, and made a confidant of the
policeman, notwithstanding the most praiseworthy caution
of the officer. In eo doing, he told him tlAt he had Bet fire i

"Don't make yourself a fool, we are going to London-bridge,"
and the captain and another man also assured him they were
going there. They all remained on board, and, on arriving
at Hungerford-market the captain ordered all the passengers
on shore, and said the vessel did not intend to proceed any
further that night, but was going back to Lambeth to her
moorings. Complainant insisted on being conveyed to Lon-
don-bridge, but the captain and crew, who behaved in a very,
insulting manner, said they were not going there, and com-
plainant and his friends were conveyed to the moorings at
Lambeth, where the hands informed them, in a
taunting way, that they were going on shore in
the boat, and invited them to follow. As Le had bar-
gained for a passage to London-bridge, he remained on
board, and warned the captain that if he did not convey
him to his destination, he would summon him before a inzt-
gistrate. About an hour afterwards, some of the crew re-
turned and repeated the offer they had previously made, to
convey him to Lambeth, but he still declined going there,
and the people belonging to the Snowdrop left her for the
night, with only a lad on board, who soon afterwards went
to bed. At half-past twelve o'clock, after more than two
hours' exposure to the night air, he became alarmed for the
safety of his sister, who was in a bad state of health, and his
family. He awoke the bey, and, after creeping over several
coal barges and other craft, the lad put them ashore in a boat
half full of water, and he was obliged to hire a conveyance
at a very heavy expense to convey them to Aldgate, where
they arrived at half-past one o'clock in the morning. A very
respectable young man was with him during the whole time,
and he was present to confirm his statement.
Mr. BRODERIP said, if what the applicant stated was true,
he had very good reason to complain, and if the matter had
happened within his jurisdiction he would have granted a
summons against the master of the steamer. By a late regu-
lation, the magistrates of the Thames Police-court only took
cognisance of matters arising below London-bridge, but if he
made application to a magistrate of one of the Ponce-courts
above the bridge, he would receive every assistance.
Mr. Smith said that he had already applied to Mr. Twy-
ford at Bow-street, who said that he knew of no summary,
i-zmedy which could be applied in the case, and he was ad-
visea apply to the Thames police magistrates, who were
better acquzinted with the laws relating to the river.
Mr. BRODERIi apprehended there was a remedy against
the master for detain:.ag a passenger or using abusive lan-
guage, independent of Ili...right of action.
Mr. Leadlev, the clerk, potted out the 23d bye-law of the
Watermen's Company, under the Magistrate had re-
cently convicted the master of a beL,w-bridge steamer for
detaining a passenger and using abusive language towards
him. The defendant was fined 40s. and the ka,,sts.

Mr. Smith asked where he should apply for a zummons?
Mr. Leadley said, as the applicant was detaine:! at Lam-
beth, he must apply to a Magistrate at Union-hall.
Mr. Smith was obliged to the Court for making him ac-
quainted with the law. He and his family had been put W
great inconvenience, and he should certainly follow up the
case, for similar detentions were of almost daily occurrence
on the river, and the steam-boat masters did just as they
pleased. He had written to the Lord Mayor on the subject,
and he hoped the new by-laws for the regulation of steam-
vessels would soon come into operation.