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

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." lie 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 ipartieulars, 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 o:
imitating the notes of birds, and among others those o:
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 he 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 hadi 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
fit?"

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 hp
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 he frequently fainted when his hair was cut. He
used to wander about the fields, but I am not aware that
he was very 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.
He once told me that he had dug a hole in St. Cathe-
rine's-hill, but Ido not recollect that he said he was
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
he 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 G URNEY—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
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 lie 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 went 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 contesded 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 person ; 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. He
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 fur 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.