The Express. — London, England, 1851-01-24 00:00:00

POLICE INTELLIGENCE. THIS DAY. BOW.STREET. EARLY Tsrevuto.—Tore bob., named /Crating (aged 11) end Wallis (aged were shined wit► stealing threepence from a tittle girl. Last evening the two Wiesner* attaeked the girl while she going for an errand, and took fens her pocket three peony germs The boys the. ran away, and the girl went crying is t►e stati to, sad said the ►oys hod stolen her mossy. Dm. time afterwards the buys were apprehended. Mr. Jardine said it was a mast @hooking sigot to toehold &Odra of the ;wigwam' she plowed in men a poeitile. Be should direct Wallis to be given op to hit mother, who would, he hoped, correct his in seek a manner as to prevent a repetitioa of the offset*. He ordered the other primmer to b• imt back is the mil, and he thee would discharge It t Ot. The worthy meeistrate thee gave the yore, pros.- gaols 6d. set of his own pocket, that she should sot be • ken try the robbery. NATIONAL REFORM ASSOCIATION. MEETING AT LAMBETH. Last night a numerous meeting of the inhabitants el Lambeth was held at Rewkateee Hell, Wetwl err ad, its supp.ott of the principles and ohjecte of the Natiooal blemeatary and Financial Reform Acsociatios. Mt. TRW AITES, on taking the chair, said that es the prosiest occasion they were met on a very inigicrtant Tier nan—is q uestion which affected the working glasses more, perhaps, than any other class in the community. They ma terether to. k themselves whether the people ought to he eatisard with the tt.te of the representation as it misted, sod whether it was wit indispensable that there should be • fell, Ire.. and fair represestatioe of the people in toe Home of 0.111101001 t (Hear, hear.) The object of the Na timal Paliveneatary sad N.:medal Reform Association was sot to upset the eonsiiteitios as it sated, but to plea* It on its oily sure, solid, and memo tesadetien—the rightful re presentatios of the people. (Chien.) It was the object of the whip and tory faeti.me is parliament, whilst May seem • Ask eppo-ed *acre other in the House at Cammees, to unite k heeptag tram the people tinniest rights ; and therefore it asswered their purpose to misrepresent the view. el the emociation. Let the people, however, be out, true I. themseliree, and they must ultimately succeed. Mr. OGDEN motel the first resolution : " That the necessity for retrenchment in the tepee Inert, the removal of obnozious imposts, and a more equitable e justly of o aroused' ion the sttenttoo of the people ; and this t i that the only meat., by which those important mea sures can be effected., is a radical reform of the whole eleetoral laws, In order that by constituting the lower house of parliament am assembly of the real repro seatatieee of the people, the finaacial affairs of the imeotry may he administered with economy and a jest regard to the interests of *nee elutes by woos the largest m3pirtion of the public »vent., is pro faced." He said that he Iced gone as JUG of • deputation to ri quiet Mr. Williams., the member for the borough, to take the chair. Mr WI.11•11111 told his that he would gladly do us, hut that some thflerences existed between his ends .me of the awoken of the Parliamentary and F.nencial Reform Alseeilleon. lie also said Its west further thin the mew oaten is advocacy of reform, bat that it would net be saw.- big fur him to take the chair, for the reason he bad steed. . . . THE MANUFACTURING DISTRICTS. NATIONAL PUBLIC SCHOOL ASSOCIATION. MEETING AT MANCHESTER. MANCHESTER, Jew. 23. Th. annual meeting of the National Public School Association, held tat evening at the new rooms of the 11110. ciation in Cross street, was one of the moot Mfituential and crowded assemblages this *giuiti:n has yet called together. Apoog the gentlemen present were, Bechar:Cobden, Hq., M.P ; the Hight lion. T. Milner Gibson, 10. P.; Henry, Etq., M.P. (the president, who took the chair). Sir Sdkanah Armitage ; Salk Schwabe, Esq.; R. N. Philips, Reg ; J. C. Dyer, Esq.; Ald. Hervey, Rev. W. hi'Kerrow, Rev. Dr. Beard, Dr. Halpin, Do. Watts, and Messrs. G. Wilma, W. Evens, R. P. Robinson, end W. M'Call. The PREIIDENT was happy that their meeting that night punted nosey feeler.. in the retrospect of dm put year forsiscers and heartfelt congratelation.lt they considered the positions sad progreu of the emulation, or the important coulee which had caused its organisatioo, they found it much more numerous cud powerful. Tho sabscriplions during the pest year had annunted to nearly three times the total of the previous year—(appleuse)—the number of members bad been greatly increased ; wails arthesions to the principles of t u sesociatioa had flowed in from palls men of talent sod iafieues is sit parts of the kiogdordo— (Hear, hear) Those new ad powerful adherents unlimited literary sad professional men—minietere of almost every religious denominatitio—Leaded proprietors, agricultorisek tradessue, cad colon of various clasees—ardeat dated. es tuna' progress sad enligotensient, who, believing with the asionation, that the great went of our country and times was that of the waitrons' education of the people, and also believing that toe principles of toes essociation turnished tae only haus on whico an educational system could be raised consistently with popular roghts and equal justice to all— had cools torwerd to sneer the members of 4w umelatioa in the great and glorious work they hand in hand. In the cal, put of the year public meetings or the association ware held in ouserous important towns io Lsocashire, and also in its behalf in differ. nt parts of the kingdom. Amongst the Mar he might Wee to Leieester, Leeds, Derby, Hull, end other towns, at which resolutions were adopted is favour of • system of secular education baud on last I rates and under kcal msnegement. The meeting, or mere properly, the series of =coup, held at Lords ma April, were of a remarkable character, end most significant in their result, sun of the torte meetings—bielenum the last which was celled by Mr. Edward Baines sad his friends, and at whicte some thousands of pumas were preeest—having adopted resolutions to favour of the distinctive principles of the association. (Applause.) Bat toe starring educational de monstrations in other towns were not sufficiently important to leave Manchester in the second place; for the recollection would be fresh in the memory of all, of the great meeting of the essoution Oh the 28th of March, in the Free Trade Hall, as well as the subsequent town's meeting, which was held A the Tout Hall cad en King stnest,on Ituterhlooday. B soh of these neemiage pronoeuced, with • voice which I could not be mistakes, that the prevailing public opinion of Manskester we. in favour of the principles ot the asucietioc ; sad it wails be sately predicted that they would never agate see • sumersaul public stems made in this town to seemlier education. (" lieu, hear," and applause.) rol le almost all the educational meetings held in Lanca shire, is well as from other parts of the kingdom, in the salty part of the year, petitions were sent to parliament PosTloa for such • OW. m of education as was eutended tor by that asitociation. Positions were sent from Leicester, Coventry, Derby, Leeds, liogley, Hull, Bradford, Halifax, Hauderifi.old, Buy, Warrington, Liverpool, Preston, and several from itaucuseter, baud on our principles. Taos. pe titions were mused apparently in some cases iodised to use Education Bill which was brought into the House of Commons last session by Mr. Foe Aud as his (to e chairmaa's) name wee ale. upon that bill, mum of the provisions of whale differed from those cooteaded for by the association, he bogged to ex plain what might otheruse appear an inconsistency as SS p.m A zcording to the forme of the house, no bill cssld be introduced, unless it was eiworsed by two members; bat this old rot pledge the seconder to anything beyond the general principles of the measure, leaving him at liberty to alter or sound he details en committee, and also finally to vote for the raj C ion of the bill, if he did no spprova tot It. Therefore, when Mr. Poe asked permission to we hs name, se felt no hesitation in complying wi h that gentleman's re quest, being .100 maltose to have • lull discussion in that house, coeducttd by so able sad so zealous an advocate, on the great object which they had in common—secuiar educe. non. (A, please.) But the most important educational events nil tie year, in oxionexiou with the association, wept thug which um. red at the end of ()ember, when the great cook fence was held, to which the present siaoctation owed its came and greatly 'weeded Milieus «. He matured most ear nestly to entreat every friend to the cause not only to give such additional peculary aid as hie circumstances end his seal might lours, hat also to endeavour to prevail on as many of his friends se puittle to do the same. (Load applause.) Mr. ROBERT WILSON SMILES, the mercury of the &mealtime, read • report from the mused, which was price tipsily of a retrospective character, referring to the proceed. in , . of the Society daring the pest year. Mr. J. V. DYER moved the first resolatioo, to the effect diet the report be adopted sad printed for cif Cal ttioo. ' Mr. BALIS SCHWABE seconded the resolution, which was speed to SOl,ohritassay. Mr. COBDEN, M.P., on 'Wog, was received with en. thadastas chimney. He said—The resolution which has been put Into my hands is as follows ;—" That the pri sent espect of the educational question lives high testimony to tee value of the effort. of this association, and pruisei • complete an 1 speedy triumph." I do not disguise from myself ' end I am ears )oar will not conceal from your minds, that we are indebted so some degree for this meeting to a retest movement that has taken place in this city, by gentlemen who have hitherto sot taxon s prominent part in the cause of natioaal education. I must confess I have always bees so imbued with the difficulties of this question, that if • pro posal had beet made, calculated to give an improved edam. Lion to the people, coupled with conditions ten tun as objectionable as thou which we have lately had pro- pounded to us, I d 01.% think I could have found it in my heart to offer any very strong opposition to it. I have really passed that time in which I could offer opposition to any seheme whatever, come from whatever party it may, which proved* to give the muses of the people of this eountry better education than they now receive. (Corers.) I wilt say more—that I have not taken up any general secular system of education from any original love of • system of education which either separate. itself from religion, or which sets up any peculiar or novel model of a system of education that shall be different from anything that has been proposed in this country. I contras that for fifteen years nearly my efforts in education, sad my hopes of success in establishing • system of nu tioaal education, had always been associated with the Idea of erupting education in this weedy with the various religious communities which gain. Bat I have found, steer trying it as I think in every possible shape, such insuperable difficul ties, in coneequence of religious discords in this country, that I hays taken refuge in this, which has been called • remote haven of refuge for educationalists of the secular systems, in 'beer despair of finding any other system of education. There is no novelty in the plan sow brought forward : it is merely a proposal to transfer to Manchester, as • theatre, the contest which has hitherto been going ea in the Hones of Commons and the somanment. (Heat, hear.) It is, in fact, a proposal by which everybody shall be called upon to pay for the re- Vous teaching of everybody else. That is precisely what has been objected to by • great portion of this community, and what hes p led the present system—l mean that administered through orders in council—from having been secoessful. There is this novelty, certainly, that forth. first time a body of churchmen have themselves come forward and recommended that all religious denominations shall be allowed to maim the public Raney for the teaching of their catechisms and creed.. That is a novelty, because hitherto, although the church body have themselves been is favour of endowment. foram particular sect—if I may be allowed be call it a sect—la the church. it has not hitherto beim so active uasoter of any system which shall reugales the right of soy other religions sect to receive the public money for the purpose of teaching their 'sto ckinet. S i far, then, we have no difference in the with the quarter from which this propose' has come. t r set L i fs does not alter the elearacter of the opposition of MOW who have opposed the eldestes of council, and the greats of government, and by parliament, in promoting asthma educate:mi. It is precisely the same thing, whether every noascafornsist and all the religious voluntaries of the coutry shall receive the public, money and pay the public mousy for the purpose of religiose teaching through • local rats in Manchester and Salford, or whether they shall ash for the money which has, through the minutes In sound, been voted by protium.% ia its usual grants. There is ne difference wriatever in the two proposals, ezespt that one le to les done by means of rates levied in Men:heater, and the other by money voted by the House of Commons. How are we then to escape thus the difficulty in the religions question which we have hitherto enosuntered ? If the members of the religions voluntary bodies—l mean of the dissenting hodies—heve been 'damn in their opposition hitherto to a national system of einer Lion, as administered through the national minutes of the privy council, there is not tha slightest hope of that pre posal which has now emanated from the churchmen of Manchester being accepteble to the direnten of this country. Bat I em sot sure that we ere dogleg with any well sonsidered ad matured proposition from any pardon's, religion body. We probably have the plan of en indiehbeell rather than the manifesto of a party. I am not sure thaill any party in this city, any religious body as • body, or any committee as • committee, have endowed the proposal aces submitted to us. And I duet delimit the gentlemen who have so far given is their adhesion to this proposal as to eammilge together te discuss it—l deal think they have seosidered the ultimate bearing sad mope of the proposal put focus* It is Mud span the principle of voting the public money leg the otwohiag of the religious/reeds of every religions dencsia sation in the soisatey, for, If it dose not recogaise that prier eiple, it is an unjust repast (Hear, hoar.) For there are but two principle. on which you ear carry on as educational system in this country, or any other ounery with the slightest approximation to soccer. One is, so to frame your plan, if yore will have religion, se le pay for the teaching of • religiose, or else you mast 'de ism by the secular system, Witting religion to volealary effort. (Chan) Now I mut lay I doubt if the wig" men who leave so fu advocated this sew system se to MEM in perm to !emelt mooted—l quesuos whether they have folly considered the ultimate scope and what malt he the re sea if it is to be carried out with anything like fairness ; for defames to this—that you shall pay from the piddle rear of this city the mosey for educating children in the ehemele eehoole, where, iodexn l-at of the mutat iastrhettos wltish Mr LB BLOND molded the moieties. lie was glad to find the aerfung closers of Lambeth were so willing to come !erased, sad to devote the lew idle boars they had to spare atter their labour to the laudable °Wet of (pairing how they could bee! improve their poeitioo. Mr. SLACK supported the resolution. He admitted t►at the Barone Sall had done soots good, but it left s ill more to be secomplissed. It had sot Moen to the people what hod bees demanded for them eve. by the old whip, for is 1793 Mr. (atierseaids fried) Orey pnwo•ed a petition for parlia mentary rehire, which su m emir an approach to universe' suffrage as could well be conceived. Bat whim , est of office were very diffi.reut are from whits is &am. (Kest.) Mr. TINUAL ATKINSUN was glad that he had to adieus so Oedemata% a body as the working men of Low both. Ue rimmed the wroduas sea or En. lead as the reel foundation of its proipirlty. tChearay It they abstained but fir ass week from their toilsome work ell the erassaratal portieusul society would fall to pieces. (Rear, hear) Tue qaestico, the., be asked himself was this, whether it semis*, just, or h.iaesi, that that labour which formed ohe toandailso Ot Ike sapeistrue' are, should be unrepresent. d is the mem My of the nation,. (flier, hear.) Let but three or four million• more of the people be brought ivithis the pale of the missatutisn, and industry sad labour vowel soon find their 'digitate repreleataii in is the goveroment of the cotorrY. Mr. Atkinson proceeded to pots' out the dangers which were likely to arise from a psreeverarce Is the present exclusive 'yeti 11A, and concluded amidst the kipleuse of the meeting. The resolution was then pat and mused unani mously. Hr. TOWNSEND tweed the seat resolution: "Thu t►e advice and s.atirst.ea of Mr. flume contained in the following words, ' unite—agitate —pereivere—end sorties must email your effort.; ought to be onastaaily b one to mind by all reformers ; ■ad this meeting emphatically calla upon oil ho ►ere the real welters of the nation at been, and more patricide/1y upon those whose labour, industry, sad psnevermice justly ent✓le them to the conetiintional rights of citizenship, to support ly ovary mesas in their poem the president and commit of the ' Nat West Bofors Asso ciation,' whom zealous *gores have acquired, as they justly deserve, the tepee - al cot lidence of the laboiriag claims." Mr. IIIOMPSON seconded the resolatioo, whisk pared sanishomly.—Toe 110610111161111 separatime THE MURDER NEAR BURY ST. EDMUND'S. On Tuesday afternoon Mr. H. Wayntan, coroner for the c , unty, opened an inquiry at the Harrow publio house, into the eireematerices connected with the death of Bistatuth Baishrigg, , the principal facts connected with which appeared in the E.sorras of Wednesday. The h-st witness examined was the lather of deceased, who, on deserted being misted, proceded to make a search, and discovered the body in a pond near the village. Jane Cork was next examined—l as in the service of Mc N'dlum l'syne, the landlord of the Harrow Inn. I Mew toe defused. She waa sty resat. r's sister. List Thursday week she came to her brother's to assist, there bong 'club least. She continued there until M..nday afterglow' about • quarter put three o'clock, when she lett the bows by the host door, having with her a bundle. She was dressed is • blue plain cloek, a dark dress with three tleueees, • victories round her neck, sad a green *ilk boanet; she ale° had a cep on. When she left eke wear across the road into Mr. Bigeley's puturse, when there is a footpath !using towards her father's hose., it b-ing the most direct way scrum the fields. Toia is the last 1 saw of her. Sae woo in very good spirits, and appeared as usual when she left. I know George Cunt, who has bees Wpm, at the Harrow about • week. He was is the luclien when the deceased left, sad upon her going out at the Iroat dour I heard the leek door shut, and up in waning into the kitchen, I broad Cunt was gone. I did not notice in what direction be west. The next same I sew Ma was Unit 7 o'clock the same evening He came into the bouts by himself, at the hack door. He shook very such. MS clothes were wet aid dirty, be had no hat so, hi. neekerthiel was off, seethe brougbt it is in hi. hand. He stood before the fire about tan minutes before be made any remark, when he said, " The halter Is for my heck." blr master arid, Nessesee," and waled him what he had been Mies? He mule no reply. My WWI' was Unit to take Ma colts. off, when he said, " Let se slue, it does not signify what becomes of me, the gallows I, my doom " My meter gave him • glue of brandy, reties he said, " Teas is the lot drop of brandy 1 shall have." He then went up stairs, my master going IT with his. John an weer of the buffo), constabulary, described miou.ely the appearance presented by the body, and the grounds the immediate vicinity of the pond, from which it was evident that a seven and protracted straggle had tali n place between the Messed and her assailant. He con.pared Carat's shoes with some footsteps on the edge of the pond, and found that they emetly torrespooded. W. ramie, the landlord of the Harrow public beau! corroborated the oviducts given by Jane Clark aa to the sadist of C.rat es the sight of the murder, and depcmod Ihet oa searebiss prisoner he found • women's sodding nag in las pocket. Cusrlas Talbot said—l live at Lunen and am a labourer. 1 was with the deceased's father oa Tuesday morales search. rag about in Mr. Itmentie meadow. I found a hat about ail weight if-U.Blra= the water at the side of the pond neer the stile leading to Mr. l'ayse's meadow. I gem that hat tolleperuitendent Death. About six or eight feet trout the bat sad surer !ill rile I found • woissa's burst, whist I gave to Mr. Death. Tao &teem by the field fro M 'he Harrow te the deatased's father's home is from a mile to • mile arid a quarter, and th.., pond about 60 or 80 rods Ina the hose. Mn. Baperintendest Death priduced the bonnet and hat, sad a Itudluirchief which he saw the lather of the deseased Skis out of the • ater. George Furrow was examined.—Bnew the hat produced to be Carsi'e. He Lad often sees him wear it. H. bad hood Hon himself, and he 'knew it well. The hsocikerchtef produced Slump to Cunt. Had soon him wear sad had tied it on for him. Jane CAA was math collide—The bonnet produced bee Saud to demised. It was the sates she were when sue left the Harrow on Idosclay afternoon. lied seen her with • wedding riser es. John Resale neessatioel.—Tee deceased had no ring on either of bet ti leen settee she was taken out of the water. Mr. Walrus Blasted Image, surgeon, of Bevy St. Edmunds, diatribe., the app.:sues presented by the body, and stated Lis opinion to be that the deceased died fram suffocation ruulti JR truss immenion is the water. Was of queen that Us had bees forcibly detained in the water and held claws e, as to effeet her gametic'. TM Coroner having gemmed up, the jury consulted for a short time end returned a verdict of " W dfu l =sedates/that George Carat," whereupon ihe coroner issued hie warrant for the mowers ocassantsl to the county gaol for trial. Ammons*vox or Bk. 'macs Joan% Flt OP Yonz.—Wa bays nisi,,/ islormatios of the miss- Moly desalt of this yams V 1161111•11, oaths. the following "7 pacts' eirensmstaamis :-111. had gam out to California, and ea tie 20th of October hat he was cruelly murdered, at • plass assiod Musibuidt, having tslieo pi/rad with 14 woods by the ladies'. Me eompssiott, Mr. Bpr Mos (Ma of tie imumbsat et D ahem), with his own buds dug a grave ad hurled lust. lib then beaded s party in wank or us. asaaa.vas, and poor Fryer's munkr was 'waged by the death of 18 of his murderers. Mr. I. I. Pryor arm thstildest von of :OA Ws Xt. Fryer, Of this slsy. masa.— ror4 &rd.!. THE EXPRESS, FRIDAY EVENING, JANUARY 24, 1851. they shall have secured to theme, they shell betaght the I church catechism ; and also to the Independents, Beptists, lloitarians, Wesleyan.. the as.. system shall be applied, by I which, besid, a the wales institution whichshall be enforced they shall be allowed to teach their various creeds or camel:sots. Bet there is a large body la Manchester and Belford, • large body lying in the , very lowest stratum, as you may gay, of society,— where education mat be embraced in soy plan, or that plan must be worse than • mere pretence, for it must be ' nought with downright injustice and negligence to the most necessitous portion of the community. (Cheers.) I speak of the Hansa catholic population of Manchester and SelMed—that population which was described in Dr. Kaye'. pamphlet, writ en some 14 years ego (he is now Sir Kaye Shuttlewortli), that part of the population of Manchester and Salford which he his described, comprising 60,000 or 80,000 Irish, sU Roman catholic., " who have imported into this city • great deal of that barbarism which has unfortunately characterised the country from which they have come." Any system which does not embrace that ponies of the population cannot be entertained or tolerated for a moment as • system. (Loud cheers.) I say, therefore, that the proposal of the church party most mean that money shall be paid out of the public rates to pro vide schooling for the whole of those Roman catholic children, end, beside the secular instruction they shall re ceive, they shall be taught their own catechisms and be permitted to observe their own religious c,remonies, pee -1 duly in the same way that the church of England or I dissenting schools are snowed to do. Have three gentlemen made up their minds this they will pay rates for the purpose of the religious training of Roman catholic children ? I say I should be a hypocrite if I expressed any great repugnance myself to that which eball give these poor children en educe, tion,even coupled with thas sort of instruction which I amours to many here present would be very repugnant. Have they made up their minds that the whole of the Roman catholic children of Manchester shall b, taught their religion at the expense of the ratepayers rf Manchester ? (Hear, hue) Have they made up their minds when they talk of enforcing the reading of the Bible—have they made up their minds what version c f the Bible is tabs used ? (Cheers.) Has that subject been discussed amongst them 1 His it b,en settled, and do they mesa that the Dauay version of the Bible should be used in these Roman catholic schools, because it they do not mean that when they reek the able the condition of receiving any schooling, then it is at oace shutting the door most effectually to the instruction of the Roman catholic children in this town. Do mot let any one suppose for • moment that I am interposing three objections as my own objections : they are what I have encountered for the last fifteen yews. I well remember that as lung ago as IB3i, about the time when Mr. Wyse, himself a catholic, and Mr. anapests of Edinburgh, came here to enlighten us and agitate us on the subject of education—l remember, so long ago as that, having in my eountisig-house is Mosley.street ministers of religion of every denomination in Manchester, endeavouring to bring them to some sort of agreement on a system of schooling. I believe the insuperable difficulties I then encountered are increased now. And these very gentlemen, who probably with the but intentions hive brought forward this plan, will find before they have taken ene.twentieth part of the trouble with it which there are gentlemen in this room who have given to the edscatioa question, they will find that they have at tempted an imp asibility, and will be compelled to turn aside from what they have attempted to do, and to join our 'woks; if, as I sincerely hope and trust will be the case, we do nothing in the meantime which shall repel them from joining us. With regard to the diffinolties which have to be encountered, they are precisely the difficulties that have been encountered in the two other countries which are the most closely resembled to us le their state of civilizetimi and religion—America and Holland. Both have gene through the Ammo ordeal. In the United States education was moo religious. When the Pilgrim Fetters landed there, no doubt the education which was given at first embraced religion.' teaching. Every body wee taught the some catechism, but as the number of sects ineresaed, it was found that these rel ig ious queriens be came a great bone of contention in the schools. The Ameri cars have hail to go through precisely the suns ordeal that we are going through tat this couatrv, and it his entail pre cisely as it .ill end la this country. The lundamental principle is laid down in the fdassechusetts statute for erect ing common schools, which says that no bock shall be ad mitted into the schools, and nothing shall be taught in them which favours the particular doctrines of say peculiar Christian sect. (Hear, hear.) In Holland they hate come to precisely the same conclusion: there they have adopted • Secular system of education, because they have found it im practicable to unite the religious bodies in any system of combined religious incruction. (User, hear.) Now, I think, gentlemen, if ever there was a time when it was desirable more than another to try sod separate religious education from seemlier Instruction, it is the present time: and I will tell you why. We hove arrived at that period when all the world is agreed that secular education is a good thing for society. (Hear, hear.) There ere no dissentients to that now, or if there be they dare not avow themselves. (Cheers.) All are agreed this It is • good thing that English boys and English girls shall be taught to read, and writs, and spell, and as mach grammar and geography as they can possib'y imbibe. There is no difference of opinion about pat ting the elements of knowledge into the minds of every child in this land, if it can be done. (Hear, hear.) Bat whilst we are all united on that head, can any one who moves is society for • mutest conceal from himself that we have also arrived at a time when we have probably more religions discord invreading over us than at almost any other period of our history. (Hear, hear.) And when I speak of religious discord, I don't mean merely the dissensions be tween Roman catholic* and protestant—l don't in the slightest degree allude to them, except in so far as they lead to schisms and controversies in the internal mate of other religious bodies (It ear.) But I think that there is at the present moment, looming in the distance, and not in the very remote disonce either, a schism in the church of England itself. I think you have two parties in that church, the one probably more strong than the other in numbers, but the other far more strong in intellect and logic,—which are going to divide the church. I see the Wesleyan body also torn mender by • schism which the most sanguine ran hardly hope to see healed. ( Hear, hear.) But I don't think several other religious bodies are perfecly tranquil in their internal organisation. While we have the prospect of these great internal dissensions in religious bodies, and whilst we are all agreed that stealer education is &desirable thing, would it be desirable if it cold be effected, —would it be desirable if it were practicable, wk .en I believe it is not, that oar national system of edncstion should be one, united as It were, and bound up with the religious organise; tioas, and by which the schisms that prevail in the churches must necessarily be transferred with Increased virulence to the schools? (Cheers.) For, bear you in naiad, that what you see now pervading in the churches of Scotland, where you have an irreconcileable dispute with regard to the ap pointment of masters to the parochial school', of Scotland, • dispute between the Old Kirk and the Free Church. Recol lect, if what I my be correct, when you have an impending schism in the Anglician Chunah, you will have precisely the same diffinety in the appointment of masters. In one parish the High Church party will predominate, and will dwell upon the necessity of the master observing ell the old forms of our church, and enforcing all the old ritusl and observan ces by the liturgy and canons, and, oar the other hind, you will have the Low Church party dwelling upon the vital essence of religion, and encouraging the discontinu ance of those forms which the other party regard as of greater importance. And depend upon it, whilst these discords pervade the churchee, you will have them in your schools also, and the consequence will be thealnueased inefficiency of the schoolmasters, end in some cases a disrup tion of the school stoat with the onogregatioast and you will have to fight the battle again and again in order to reconcile the unfurling religious bodies, end in the end you will find yourselves obliged to return to the secular system of education, which the United States and Holland have been obliged to adopt, and which we are hers met to advocate. (Cheers.) Gen tlemen, Mace I last had the pleasure of addressing you in Manchester, I have been paying a visit to many places, Birmingham, Leeds, Huddersfield, Boltoe, and elsewhere, and there I have sought &private conference with numerous bodies of gentlemen, Mutated in the oduatioe question. I have especially sought a private interview with those who have been supposed to differ from u, but who have been as ardent advocates for education as yourselves—l mean the liberal party of the dissenting body in different parts of the kingdom, and have endeavoured to have a complete, and quiet, and unrestricted discussion of these questions, because I have thought it would be more likely to pat them in possession of the general objects and intentions of this essociation, which I believe have been much =toupee beaded and much misundeutood—(hear, bear) for I felt that it would be better to pat Uses' in nor minion in a private conference, of our plans and views, mast than enter into an marquis:its discussion with them in the public arena, where they might be com mitted to views which, I hope end sincerely trust, when they have fully considered oar plans, they may be tattooed to modify, and even to chaise. (Cheers) Now, I have folioed, gentlemen, that one of the oblectlons that have been made to our plan has been that alluded to by my friend Mr. Schwabe, when he spoke of the vast number of schools already in exietence; and the objection has been that we ptoposs by our ohm to supersede all the existing schools, and to render all existing schoolrooms valueless. Now, it seems to me that the plans brought forward by cur friends of the church party in Manchester, seem rather to iodicate that they think they have caught in tripping, by offering to avail themselves of schoolrooms already in existence, assuming that we contemplated nothing of the kind. It is my firm belief that if • system nob as we propose were adopted, we should have no difficulty whatever in getting an act of parliament to buy *local rate in Manchester, if 'edged the corporation itself, as It does with respect to the water works, does not take suck powers for renting the safeties schools. If we have a system of rating for schools, the effect will be to soureade all thus schools now pertly impound ea the akiemseynary principle by charitable touributioaa. I don't Noma' from myself whet I cannot conceal from etkare, that if you establish free schools in every parish, you will ultimately dose all the schools whisk sow sail upon the poor people to pay 3d. or 4d. • week : our free sehools will supersede then ere long, for if they did not they would be nawertlty of the name of tuitional nebula (Chum ) That being the Mies, I have never considered that the aninting seheeireems were to be rendered usher on that eceotat, fir I have always considered that they might be purchased la precisely the mate way as Mt. Schwabe has suggested. They might be rented ea the week days, and left on the Saadi" in the hands of the dab east ungregatioss for the repose of retie:as teeehing. This lo a matter of detail, bat I should have been considered as asking rather a rash were., U I had contemplated diming the =schools, and wasting the vast amount of capital that so expended is Wars and mortar for the erecian of 'MAU* inketils. (Hear, beer.) Another objection of our din onsiog Meads when I have been, Is that by our system mein gdgcatioa is separated from religious instruction. I bare found everywhere • pentane:torn resolution to mantels that the teaching people reading,. writing, arithmetic, and • little geoeraphy and grammar, is a system inimical to reli dion. Now I have found a most curious refutation of Ws octrine wherever I have been, in the practice of the very parties who have objected to us. I remember at Birming ham I found a proprietary school built by • joint stock association, by men of every religious done stiostioa. I heard, is f.ct, of a clergyman of the church of England sending his eon to it. Well, in that school there wee no religion taught, and yet I found the very parties who objected to as were lending their sons to schools where secular education is avowedly separated from religious teaching. (Lind cheers.) Again, in Yorkshire— I was present at • meeting is Yorkshire, when ens geode man mat stoutly main slued it wee utterly impossible to separate religious from secular iostruction. It was in Haddonfield. Well, another gentleman said to him, " How can you possibly maintain that doctrine, because you know teat our Huddersfield college here could not exist • day, unless we all consented to totally, and al'ogether separate religious instruction from the nosier teaching in that institution; and you snow you have sent your own son to that college, and he has 1311Vrt received soy religious instruction there.' And I must sty that that gentleman was silent for the rest of the evening. (Cheers.) But I also found that at Huddersfield, they have in connexion with th.tr Mechanics' Institaties • very excellent school for young children, not for adiets, but for you .g children, and they may go and enjoy the benefits of this institution for a week by subeeribing, I think it is 3id. They are given the smallest possible doses, because the directors wisely set that the gin shops and such places tusks as little as twopease worth, as a tom, and therefore they have allowed children tooome t 3 this institutilo, and take • week's trial, and thous' they may perhaps be induced to repeat the doss. (Chem.) But I find that the children who are admitted to the schools in the Huddersfield Mechanics Institution, and I believe there are some hundreds in these moat admirable echo ds, receive no religious education. The szbooli are founded on the principle of excluding religious education. I don't know who her tte Bible exists in the Mechanic"' Institution library, but it it does it is merely as a book of reference like all the other books,—they never profess to use it as a school book, by way of teaching religion. And what I say of the institution of Rudders lield,"applin generally to the mechanics' institutions of the Yorkshire Coin°, of which Mr. Baines is the president. (Ileac, hear.) In the schools connected with those mechanics' institutions there is no religion taught, or professed to be taught. I have found everywhere in the course of my travels, that gentlemen have afforded in their own practice the be st possible augury of our future sucoess, and the best risible refutation of their own principles. Well, gentle. men, I have heard it said where I have been, that the volun tary principle has succeeded very well. I have heard that maintained by many men for whom, judgment on other matters I should entertain great respect. But 1 am glad that amongst other advantages which we have gained from our friends of the Church Society who have come forward is the town within the last week, I am glad we have got a eorrobora tion of the doctrine with which we shined, that the existing system of schooling is very defective. The Church Society tell us,—which I believe we were pretty well aware of bettors that we have a great multitude . . of school houses, but they are badly attended. The instruction given in them Ii not sufficiently good to attract children to them. Well, the great fallacy with regard to the statistics of education that we have hitherto bad has been, that we have taken schoolhouses for schooling, and mistaken bricks and mortar for good masters. (Loud cheers) I have no doubt there have been vest efforts to build schools, and that it is a very easy thing to galvanise an eff at in a corers ration to raise • eebo it. And nothing is so common in men's mioda as to think that when they have raised a school, they have done great things for education. But I want to know what bricks and mortar do for efucation ? The gentlemen connected with this church-school system tell us that these schools in a great number of cases stand idle, and children don't come to them. la connexion with this p .int, I have heard it mentioned wh I have been—and it is a curios. thing that I should go from Manchester and not carry it with me, but hear it wherever I have been—l have heard it said, "You have plenty of schools, but the people won't attend them ; and until you adopt some principle of c .mpuision, and adopt a coercive principle, it is of no use building schools, for the children will not attend them." 1 hove told them that we do not go so far as that yet. if you have good schools and schoolmasters I am firmly persuaded you wilt fill your schools; but if then you should find that people will bring up their children in idleness tied ignorance, I do not know that is would be such an in tringentent upon the liberty of the subject if you did adopt some plan, first of all, perhaps, to seduce or bribe parents to bead their children to school, or, it that would not do, to try • little compulsion. Mr. Cobden pence.. ded to say that some of the dissenters years ago objected that they could not take money raised by taxes ter teaching religion in schools; and now, when it was proposed to accommodate them, by separating the religious from the secular, we were told by them that it was contrary to their religious convic. tious to separate them. (A3plutu.) He must say he ti; ought such a course, if persevered in, would go very tar to alienate the listings of the great mug of the communi y; and as there was in <ordain districts reason to tear that a great number of the working Messes were not in community wish either dissect er church, he feared it would very mace alienate them from those who took an Impractical:es course—c course which should prevent the diffusion of education among the working muse by setting up ob steel's which it would be imp imihle for ration.' mire to remove. It these gen'lemen had a due appreciation of the value of secular knowledge, he put it to them, did they not value it in their own case and that of their families? lie wished to know it such parties did er aid nut believe that secular knowledge was good in itself? (C osers.) Where was our boasted superiority over Frenchmen, Germans, Danes, ann Italians, when the American Minister could come to our town hall and taunt us with the ignorance of our peope, no one cluing to use up and gay we bad done as mace es they had in Amnia*? He agreed with Mr. Law fence that there was danger in such a state of things, and that not a day should be tut till it was remedied. Toe hoe. gentleman advised the association to punt', its own course steadily, showing no opposition to anyhu ty, but inviting the concurrence el every one; and it he weld be of service on any d Tutation, even to the new body who had come forward in ibis town, to aid in removing say difficulties to unity of effort, he should be most happy to give his services. ( fbe bun, gentleman resumed his seat amidst prolonged cheering.) The Right lion. T. MILNER OIbSON, hi P., was re ceived with loud cheering. He said he tally concurred in the principles of the association, and had therefore much pleasure in seconding the resolution. He had uniformly supported those principles both in and out of parliament, whenever the opportunity had presented itself, to the best of his ability ; and he had never seen any reason to alter or modify his own convictions of their justice, or to doubt that envenom:a understood, they would be generally adopted by the people of the United Kirgdom. (Hear.) He had found among members of parliament, who tolerably faithfully represented what they believed to be the opinions of those who returned them, in their private eon dons nay, "The principle of the Public School Association is all right, but don't touch it, for if you do, you will endanger your seat, as it is not under stood, and you will bothered with indifference to religion." (Laughter.) This was exactly the sort of impression on the minds of many honourable representatives of the people in the House of Commons. In short there was great timidity in meddling with the question, (eroded, he admitted, upon motives not unworthy of considerable approbation, namely, a desire not to be supposed to underage the importance of religion u one of the nout mighty agents in human affairs, sad a desire, also, not to do anything that might tend to sheik the religions sentiment of the community. (Hoar, , hear) He could appreciate and undentaud these motives; and, as they netted, tt was important that the aaeocistioa should Instruct the public wand, in order to remove all sets apprehension. It was not his wish or intention to deny that a vast deal of moral and religious interaction was amemary to complete a man's education over and above that which he would receive in the schools established upon the principles of this ~asseetatioa. He would, however, call that rather a system of primary instruction than of education, though it was a portion of education upon the necessity and vales l of which all were agreed. But what was the design and intention of the association? Simply to place within the reach of the humblest and meat neglected cleans the means of acquiring that knowledge of things which would be ' useful to them in incurs lite, when they might be called upon to take an active part of the business of the world. The religious tuichiag would be a separate matter, with which the association declined to interfere. In this system of free day snook, then, he contemplated nothing but the giving of primary instruction, as a necessary part of all tdosation,—giving to every person the means of reading I the Bible, or any other book, and of being made capable of acquiring that miscellaneous knowledge which would be neat eery hereafter for his progress through life. (Hear, hear) It this asuoiatien protested to combine religious with secular instruction, &alto teach them through the same person, and at the same time, they would do neither well. On the contrary, if the object was to secure Maoism secular as well as efficient religious inieruction, they mast be separate, foe the attempt to untie them would tent der both lose efficient than they might be. He had high autoority for this opinion —that of tee Archbishop of Can terbury. (Cheers.) The Archbishop, in a recite; letter, said the schoolmaster was a moat valuable member of society— but he waisted that authoritative influence which It was neeessuy that a religious teacher should peerage, and if we ' left the schoolmaster to be the teacher of religion we should not have religion communicated in the most likely way to influence the feelings and conduct of its recipients. He (Mr. °them) fatly concurred in One sentiments, sad woe pretty sure that the association would willingly adopt them. Hitherto, be believed, the objects of the ululation had been very much misunderstood. Its supporters had been supposed to be the advocates of a aye tem which was to prevent religion from being taught alto gether ; iodud, there seemed to be an interpretation pat upon their proceedings to the effect that they were going to apply for an set of parliameat to prevent religious imam:- tun from bring given. Bat, seeing the efforts that they were milting to secure the spread of education, and to place the case before the country in its true light. he had no doubt that the common sense of the people of England would come to the reseue upon this occasion, and that we should, in due time, gee free schools opened over the length and breadth of the laud—schools that should be unsectarian, but no - 4rellgbas ; giving plain elementary Manua don, simply taught by a uhoolentiater,aad completely dissociated from everything connected with doctri nal and 'tallith(' teaching. (Loud cheers.) In coop elusion, the right hoe. gentleman begged to say, ' . that whatever humble serails, he could render to the cause, either is or out of parliament, should, with most un feigned sincerity, be placed at the disposal of the used'. rise, feeling, as he did, tries the report which bad just hen read, and from the prioeipl, s has had heard enun ciated, that he 'mold do so with the utmost confidence. (Rsnewed cheers.) Sentra other gentlemen earlresged the meeting, iccluiing U. Phil*, Rate., and tits Bra W. illAerrow. Rain intelligence. employed by the defendant to sing as a chorus sing, r in an opera called the" Crown Diamonds," which was produced at the defendant's theatre. The action was brought on the ground that it was the duty of Mr. Maddox to hive suffi ciently fenced off and lighted this aperture sou to prevent a person from falling int , . it. The action was tried before Mr. Juni!. Brie, when a verdict was found for the plainsuf, dam es 301. A tule nisi to rarest the judgment was ob tained by Mr. M. Chambers, Q.C., on the ground that the allegation in the declaration that it was the duty of the de fendant to have lighted end fenced off the avenue an the mrsz . iline flier, was lot proved. Mr. D. D. Keene and another leerned gentleman now ap peared to show cause against the rule, and contended that it was the duty of the defendant to have sufficiently guarded the hole by ita being fenced off and lighted. Tod risk +bids the plaintiff undertook was merely that of an orcli..ary risk which a servant undertook, and that was not to do any thing which would peril his life. Mr. M. Chambers, Q.C. (Mr. Hawkins was with him) contended that the declaration was bad incsu , • it sec out a duty on the part of the defendant, which duty did not exist taking into consideration the situation in which they sto to each, viz., that of muter and servant. The plaintiff was not exposed to more risk than other people, and accident would not have occurred had he nut hurried off the stage to his drossiiig.room in order to take off bit theatrical dr..., so that he might go to the Haymarket Theatre to fulfil another engagement, and consequ.ntly did not to as carefully as he ought to have dune, and thus fell inti the hole. . EQUITY COURTS.-YMERDAY. BOO= TSB LOAD CSAVCILLOS. INSIZI S. S♦YMIL-WILL.-N.[ECI'TIOX OF ♦ POWER.- CHARITY This was an appeal agaTeiTta — eireision of Vice-Chsocelloe Sir J. Wigrom, under the following circutestai ma : Mrs. Imes, by her will made in 1834, gave to the treasurer of the Sailors' Home 1,0001. in the Three per Cent. Consols; to of the Strangers' Friend Society 1 0001. in the Three per Cent. Consols; to the British and 1 , saga Bible Society 6001. in the Three per Cent. Consols; and 6001. in the same stocks to the Church Idissi , mary Society ; and to Harriet lonia 6001 io the Three per Cent. Cowls. Toe remainder in the Tneee per Cents., sod three separate sums it the Three and-a-1101f per Cents., with 1001. a year Long Annuities, and any other property she might die pee mud; of, she gave to her brothers,,, upon certain trusts. She Made several codicils to the will, the last of them being dated in 1836, and at the foot of it were these words, " This will has not been witnessed, am I intend, if I am so teed, to ' write it out fair." The testatrix died in 1844, leaving the wall and codicils all unattested. They were all admired to probate in the Ecclesiastical Court. A suit was then ierituted 'in this court for the administration of the estate of the testatrix. She had no children and her husband had predeceased her many years. It appeared that at the date of the said will the testatrix was entitled under her marriage settlement (dated in 1900) to 1,826 L Three per Cent. Con sols, with power to appoint 1000/. thereof by her will :o be '• by her signed, sealed, and published in the pretence of two or more witnesses," and, in default of appointment, the said fond was to go to her next of kin. She was also en titled, under the will of her husband, to the dividends on 10,0001. Three per Cent. Consols, 6,0001. Three-andta- Half per Cents., 3001. Long Annuities, and 1,6001. Three per Cents. Reduced for her life, with remainder as to one-third part of all these sums to such person or persons ae sloe should, by deed duly ted, or by will " attested by two or more witnesses," appoint; and in default of such ap pointment, all throe funds were by the heebend's will be queathed to his brother's children. The testatrix did not in her will refer to either of these powers. She had several other sums of her own, to which she was aloe ilutely entitled, standing in the Three-and-a-Half per Cents, and making together at her death about 12,000/. The quell ,n in the cause upon further directions was, whether the appaiettnent of the four gifts to the charities atiovementioned were valid without the prescribed form of attestation of the will, or reference therein to the powers of appointment contained in the former instruments, and whether the gifts were to be considered u specific or general legacies. The Vice• Chancellor held that the 1-guies were general and were well appointed, upt , n this prieciple, that if a person has power, as this testa trix had, to give property, and has by some writing clearly shown that he intended to give it, although the writing by which he purports to give it is, for want of some formality, ineffectual for the purpose, yet the party having the power to give by an effectual writing, and hung shown an intention to give, a Court of Equity will, in cue of a charity, give full effect to the writing or instrument to do what was so in tended. The next of kin and persons interested in the residuary estates of the testatrix and of her husband appealed against the Vim Chancellor's decree. Mr. Roll, Mr. Faber, and Mr. Headlam, for the appellants, contended that the grant of probates by the court gale sintical ought not to be regarded by this court as a question whether the will was &valid execution of the powers—" Rich v. Cockell " t 9 Veuy, 369). The testatrix did not in thin alleged will and codicils refer at all to the p swore in her marriage settlement and in her husband's will, and the will was Oct attested en required by the powers. There did not in these papers called a will appear any intention to exercise the powers. But supposing the powers to have Men well executed, the gilts could not be held to be general legacies in spite of the express references made to the stocks of which the gifts were made. It would be a straining of the autho rities to say that these gifts should be established because they were made to cherries. There was no case yet decided supplying the defective execution of powers to this extent. The cases hitherto were confined to the want of surrender of copynolds to the use of the will by which they were be nueatbed, and the omission to levy flues or suffer recoveries of estates tail. This court has gone to the extent of sup plying those detects in the extcutitto of powers in favour of charities. Toe Attorney-Oenersl and Mr. Pirie, in behalf of the trus tees of the will of the v statriz and her husband, supported the Vine-Chancell r's decree. Mr. Glace, for the treasurer of the Sailors' Home, Mr. Lloyd and Mr. Cankriso, for the, Strangers' Friend Society, and Mr. Wood and Mr. Begun Hay, but the Brinell and Fo reign Bible Society and for the Church Miuionary Society, alto supported the decree of the Vice.Chancllor. The following eases were cited among many others, via , "the Attorney. General v. Rye" (and the eases therein re ferred to), and " The Attorney General v. Burdett" (both reported in 2 Vernon, pp. 453 and 755); " Piggott v. Panties" (Precedents Chancery, 471, and Duke's Charit able Vs.', 385); "The Attorney-General v. Andrews" (1 Vesey,senr., 2'25); " The At oruepOen. ral v. Tancred " (1 Eden, 10; 1 Sugden on rowen, 267 sixth edition); " incorporated Society v. Richards" (1 D:ury and Warren, 259); " Douglas v. Cooper " (3 Mylne and Keen, 378) ; " S enders v. Sanders" (3 Tonga and Jervis); " Lewis v. Leerellie " (Turner and Ruseell, 104.) Mr. Mit'. reply was adjourned, the Lord Chancellor being obliged to go away at halt-past 2 o'clock. Barote rot AlArraa or rex Rou.s. CLOWtS V. BVCIL.—iNIVNCTION. Mr. T rrrrr and Mr, Craig were heard for the plaintiff in this ease, in support of the injunction to restrain the de. fendant from removing stones and shingle from the sea shore, between high and low water mark, near the plaintiff's land, in the parish of C•ister Bardolpb, Norfolk ; end Mr Rouprll, for the defendant, replied in support of the motion to discharge such injunction. . . . The Master of theltolls said that the right of the defend ant, who was a surveyor of roads, and took the stones in question for the purpose of repairing them, depended on cus tom. The powers given by act of vehement, and the right of the plaintiff depended on a grant from the cr-ivo. These were legal questions, which could only be decided in a court of law. The only question be had to determine wee whether he should continue the injunction ui.til the leg.' right was tried ; and, considering that the plaintiff, whoee house was only 100 yards from the shore, was likely to suffer great injury frm the washings of the sea it the stones and shingle were removed, and ¶hat, on the other side, no great Inconvenience would be sustained except the carage of etenes a few additional miles, he should continue the injunc tion, giving leave to bring an action to try the legal right. COURT OF QUEEN'S BENCH.—TESTERDAT. &winos in BANCOL-81evas Loco CLANTDIILL, YoL ATMS PATIO - [sop, Ma. Jurrice Coutamor, AND lia. Jusncs BALE. TAYLOR E. H•WEINE —SLANDER. This was an aitirnWii;liWaslt,riiiipiit;Ythe plaintiff against his former employer, an ironmonger, to recover com pensation in (lounges for certain slanderous expressione used by the defendant of the plaintiff. The s!andvrous wards were alleged to have been uttered on two accustom —once, in the presence of a stranger, and, on the other Demise, they were addressed to the plaintiff's brother. The facts of the case were these:—lt appeared that during the time the plaintiff was in the service of the defendant a certain ticket which the plaintiff had given to the cashier is the defen ds:lt's shop as a check upon an amount which the plaintiff had received front a customer was found to be altered from Ils. 94d. to 6s. 9id. The defendant had reason to believe that the plaintiff bad improperly made this alteration, and he asked a friend, named Thwaltas, to be present whilst he die- missed the plaintiff from his service. He then told the' plaintiff, in the presence of Tbwaites, the reasons why he dismissed him. 8 'on after the dismissal of the plaintiff, his brother called upon the defendant, and asked the reason why be had treated his brother in the manner he had done. The defendant thereupon told him that he believed that the plaintiff had sot only robbed him on the occasion when he el-missed him, but had been in the habit of robbing him for years. The plaintiff then brought his action for slander, end the ease was tried before Mr. Justice Erie, and a wee-' diet was found (or the plaintiff, 601. damages, 301. being in respect of the slander alleged to be uttered by the defendant when he dismissed the plaintiff, and 301 on account of the slanderous words spoken to the plaintiff's brother. Mr. Huintrey, Q.O , had obtained a rule nisi to enter a verdict for the defendant, or for a new trial. Mr. Berjeant Shia cow showed clues against tke rule, and Mr. Hatufrey, Q.C., supported it. Lord Campbell said that he was of opinion that the com munication which the defendant had made was a privileged communication. It was a question for the jury to say whether there was any malice in the communicatio n . It seemed to him (Lord Campbell) that the defendant had only acted as an honourable and prudent man would have dons. He was dismissing a man on account of a theft which he had committed, and it was necessary that a person ehould be present to see that he was dismissed, and to know the reasons of the dismissal. Under such circumstances. it would be hard itideed if a man were liable to an action for slander for acting in such a manner. Lord Ellenborough had said that the transactions of life ought not to be beset with actions for slander. He (Lord Campbell) thought that the learned judge should have told the jury that there was no evidence of malice upon the first count, and the rule must he made absolute to enter the verdict for the de fondant on that count. With regard to the second count, that could not be uttered for the defendant, because there had been no leave reserved to do so. But looking at the evidence offered at the trial with respect to that count, he (Lord Campbell) thought ale), that the learned judge ought to have told the jury that there was no evidence et malice, because the defendant had said no more to the plsintifre brotaer than it was necessary for him as an honest, prudent, au hanourable man. The brother of the plaintiff came to the defendant and said, " Why do you refuse to give my bro ther a character ?" The defendant was thereupon bound to state his reasons for dismitelog the plaintiff from his service, end for declining to give him a character. The reason was, that the plaintiff was not only guilty of the particular fraud for which be had been dismissed, but had been in the habit of robbing foe years. The ride must therefore be made absolute to enter the verdict for the defendant on the first count. . . The rest of their lordships expressed a similes ophtioa. It wee agreed ia this case by the learned counsel es both sides that a stet pre:emus should be entered, which would pat a stop to all further proceedings, and each party would therefore have topxy his owe soots. BRTROITR e. MADDOX.—ACTION AGAINST THR LATH LESSIII OF Till PRINCRIS'S T RRRRRR FOR TNII PLAINTIFF RATING BRORRN HIS LIG WHILST SMPLOIRD AT Till THEATII. This wu an adios 'hid' had been brought by a chorus oinaer agent: Mr. Maddox, who had been the lessee of the Princess's Theatre, for the injury which the plaintiff had sustained by fillies through a bole is men •lies, or false flow, which was under the stage. It appeared that the so client occurred in the year 1849, when the plaintiff was Lord Campbell said that he was of opinion that the rutein this CAN, to made absolute. The facts set out in the decler,ition did not raise the duty enticed, because the mere allegation that these tattles stood in the relation of muter and servant to each other did not show that any such duty was imposed upon the deft n last as Ire plaintiff 'deed. Then came the question what was the effect of the positive all. gation which was to be found in this declaration which was, that it was the duty of the derendent to have guarded this hole. It was wholly immateriel to introduce such an allegation into • declaratimi upon an action upon the rose where the facts showed it was the duty of the defendant to do the thing stated in the declaration; and where the facts of the case showed that it was not the duty of the dele,,lent, the mere statement that it was his duty would not task : the declaration • good one. Is the present case, the dec..irwiou was bad, because, it we. not the duty of the deten.ien! to hate guarded the fence as the plaintiff alleged that it was, and therefore the rule must be mode absolute to arrest the judgment. The rest of the judges concurred. Rule absolute accordingly. PREROGATIVE COURT.—YESTERDAY. Barna Bra U. I. Fuer. BIDDULPiI V. BIDDULPII AND OTHEHOI. The ooarcgeee judgment is thia tel7;e:entarycause today. It was argued during the sittings after Trinity term and had stood over with a stair to a compromise, which had not been effected. The learned Judge said the deceased in the case was Mr. Benjamin Biddulph, late of Bird Hill, near Hereford. Mc died possessed of considerable personalty, amounting to about 70,0401, and also real property to tne of about 2,0001. a year. The deceased had never been married, and had arrived at the sae of 75 years. lic left its cousins g. frau, who would be entitled to his property if he had died intestate. His death took place oo the 13 h of June, 1840, and it appeared that the will in question had b. en emitted on the 7th of the same mouth, it being the first testamentary paper he had mete. The if ct et tart itstrumeut was generally to give to the relative a on the father's side • untedi larger proportion of the property than to Were on the mother's side, and made • considerable difference with regard to the interests of those who would come in under an intestacy. some of the children of the cousins-german being left entirely without Oil) pro vision. The allegation given in the cause pleaded that the deceased entertained and evinced a great affection for his neat at kin and their bundled and more especially tor the families of Mr. John Biddulph, of Ledoury, ant; Mr, Paillips, of Longworth ; sod alai that the deceased had ever eutertained the opinion until he gave his instructions for his will, that his cousins german once removed would share his estate and effects as well as his cousins german. This was the ground upon which the distribution under the will was accounted fur, and tke court would proceed to consider whether these facts were made out by the evidence. Toe evidence as to the testator's regard and affection for tbe two families of Biddulph and Philips was not of a nature to lead the court to suppose such a un equal distribution would be suede. One witness, an intimate friend of the deceased, upon being ques tioned on the point, stated he was not aware t h at gentleman had any particular regard fur the parties In question above what he entertained for the rest of his nest to kin, and although another witness, Miss Bowyer, e mod to be rather of • contrary opinion, yet it was clear if be bad an attachment for one part of the family more than the other, it was ;or the family of his cousin, blise:Jahe Poole. Every witness seemed to concur:in thelepiniun that the decease it was particularly attached to her and her sister, both bring un fortunately under great satiation,; that be used tee visit them, and showed them ki-dawn on every occasion he could. This being the state of the deceased's oiled wan re gard to his relations the probability was that it he had recollected these ladies be would have left them some portion of hie property instead of omit; mg all mention of them in his will. The question therefor.. was, what was the state and condition of the deceased at the time the preparation of the will took place, and also at its alleged execution. The evideuce on this point depended very much upon the opinions formed by the =admit pr•oti tioners who at'ended the deceased. It was ;dated that his general char: over was one of indecision ; that he n. Ter originated anything or made up his mind on any point. It appeared, however, he had been a magistrate of the county, and was chairman of one or two boards in the neighbourmod of Hereford ; and therefore he must be taken to have been • person of some considerable degree of education and knowledge up to • very late period of his life, and the evidence upon the paint, instead of showing indecision of character, rather tended to a contrary conclusion. The learned judge then referred to the evidence of the medical men, as to the capacity of the deceased on the 7th June, 1849, the date of the testamentary paper, which left it very doubtful whether the deceased was capable of executing a will, such as that before the court. A cording to the cases decided upon the point, although • testator might be com petent to undertake • simple nutter of business, yet he might not have judgment axed disp.eing memory suffi cient to substantiate • testamentary capacity, liners the act to be performed was at all intricate. The 1 d Judge then referred at some length to the cir cumstances attending the preparation and executors of the will in question, which had been drawn up from the fugue dons of a seemed, but uninterested, party ; nut one syllable of them coming from the testator, with the exception of a suggestion respecting his having b irred the entail of an estate in Hertfordshire, and his wish that it should get back again, the estate in question having been disposed of •t least 50 year. previously. Looking at all the circumstances detailed in the evidence, it would be imp ,sabie fur the oourt to say the deceased was of sound mind, me mory, and understanding at the time of asking this will ; he never referred' to it again oa any occasion, or adverted to it or made any obmivation tending to confirm the fact of his knowielge of its existence. The court might ask why were the two Mies Poole. passed over ? There was nothing whatever to account fur the otuiaien of Kiss Jane Poole's name. It could not, therefore, be raid that under the circumstances there was anything like that degree of capacity shown which was required by the court to give effect to • disposition of property which would pre judice those who by law would Do entitled to it. It could not be said that tha deceased, considering the way in which the instructions were taken, had judgment and perfect me mory, espocially when those who had claims upon him, t ad for whom he had imp d great regard and affection, were left entirely unprovided for. The court was clearly of opioi,,n the proof of capacity was deficient; these were omieeons which could not be Geminated (or except oa the suppeattion I that he had no affection for the parties to whom the property would descend in the event of his dying without mak,. g a will. Under all the eirciiinstanes, therefore, he (the leagued judge) was of opinion the proof was inadequate to sueain the will, although it certainly did not appear the deceased was incapable, under any circumstance., of executing • will. If ;the thstrument had been a complete and efflatevms will, then the case would have mamma • very different aspect • but here there WWI not judgment, reflection, or perfect memory ; therefore, the court could by no means conolads that the deceased was at this time of p. r- i7ctrreo m uncinii; " i, - mentory, or wideretanding. and esble of doing any act requiring judgment and redaction. Upon the whole the Court felt bound to pronounce swans; the will. It saw no reason to impute soychion improper to the promoters of the paper ; they had only failed to [whys all the feels whirl were mammy, and therslore, in proncunc lug against the instrument, the Court would order the costs of both parties to be paid oat of the estate. WESTMINSTER COUNTY COURT.-YESTERDAt. BANDAR Femme BAnAT, FAA. TNN LTCIDX OACHNITILL.—RAcastaam AND 0/NIAB ___ __ ____ _________. ----- —...—........ V. Moraines . The plaintiff. in this case sought to recover, ?septette , ly, lii 155., 81. 16i., 111. 101., 111. 10s., 91. 15e. 191. ' for ser vices rendered to the defendant. whilst towed by him under their leader, Mr. Frank Seines, to perform is the orchestra at the Lyoentes Theatre, during the seasons of 1849, 1860. Mr. De Liman, for the plaintiffs, called Mr. Frank Eames, the leader of the band ' who recapitulate ; hts former statement, reported in the Express, January 8, as to hisengagement by the defendant to form en orchestra at a certain sum, everything being, as customary, left to his responsibility. The witness further added, that upon one occasion he was written to for payment of money owing to a moo discharged, and that he applied to Mr. Mathews for advice; tba advice given was, that as he (Essaw) wee only an agent to Mr. Mathews, Kr. Mathews would bold himself reepomible. In croseessmination the witness slid it was tot customary for leaders to apprise the managers of mime . meets, illness, dismissals, or salaries of the orchestra under 1 them. With respect to a multitude of Questions of accounts, ! witness stated that it wee net to be supposed that Mr. Mathews would be troubled with their details, and he left that to his agent. He never paid any money out of his own pocket to any of the bend. Mr. Riekstraw deposed to his elegagemen., and corrobo• ' rated the 'Mese. of Mr. Baste. Mr. Wiekett said he was second leader of the nrchestra, and after confirming the previous statements, said he h a d I been engaged similarly at the Princeies Theatre, under Mr. Maddox, and that be eeeee thought for a moment that he was responsible for the band. Mr. Thorlwell 'Wed that he had ts.7irVip Drnry.lane, Covent Gudon, Olympic, sat \, e ,,,, .7 • 7,7 <— ' l `, - bslsare ,,. L , • , ,I , ::14 v i . \ ~~. .i 1 il .