Star. — London, England, 1818-11-20 00:00:00

. • 7 instructions or not? and .unless he he acted from such instructions; . aside as a nullity. The plaintiff, rule to the defendant to abide by his _ him - more upon his guard, so that Ile to such inquiry as might be made, ‘NGWORTII STEEL. action on the case, for calling the swindler, and forger. Many wit ..e words to have been spoken, and that they had ceased to employ the tsequence of what they had heard the The Counsel. for the defendant said; had never been spoken. The defen loved the plaintiff ,as an accountant, tiff, instead of paying over the money brought an action for his commission; spoken, were spoken in the heat of dis not with any malicious intention. lury, if they gave damages, would possible. He called no evidence. _lmming up, sheaved the importance character in Langwotth's profession, and had failed in liis payments to Steel, )rought evidence to show that; nor meeting which had been held for a ninted out the items in which the made default; where words were said • circumstance ought to diminish the Steel had said them repeatedly, and . The words were clearly proved, ;lit to give fair and temperate damn the plaintiff—Damages ELL THE KING V. WALTER AND DELL. • . Mr. GURNEY TOW to shew cause against a Rule ob tained last Term by Mr. Scarlett, for leave to file a 'criminal information against the defendants, for pub. lishing a false account of the unfortunate accident which happened whilst Lord S. Churchill was driving on the King's-road, Chelsea, in consequence of which a female lost her life. Mr. Gurney was sure, when the facts were fairly stated, the Court would feel that the Rule had been obtained by misrepresentation, and that it must be discharged. Mr. SCARLETT did not object to the subject I,eing then brought before the Court, but as the Chief Jus tice had to sit at Nisi Plies, it mightoiccupy more time than could he allowed. The Court was of opinion that Mr. Gurney had better postpone shewing cause to a more convenient opportunity, as there really was no time to hear him. Air. GURNEY acceded, and cause was not shewn. COURT OF COMMON PLEAS, NOVEMBER 19. There was 90 business of any interest in this Cotut to-day. Their Lordships rose at twelve o'clock.. COURT OF EXCIIEWER, NOV. 19. IN RI:. MACCLESFIELD SUNDAY SCHOOL. The LORD Clime, and.oiler Barons of the Exche quer, were occupied, during the day, in attending to the arguments of Counsel on this case, which lyeing of considerable interest, many persons atten ded to hear it. Mr. DAUM:EY stated the facts of the case, which was founded on a petition from George Pearson, a silk-manufactwer, and Thomas Roberts, a•surgeon, residing in Macclesfield, praying the interfe : of the Court in certain matters appertaining to Sunday-school of that town. Both the peti 'oilers were mcmbers of the Committee which had management of the School. This School was dished in 1793, for the ecellent purpose of in _ing the children of the labouring classes of that manufacturing town and its neighbourhood, as well arts of reading and writing, both so necessary civilized country, as in their duties to their ,xt TOR, according to the doctrines of the Esta tished Churcl+. During tke first year of the exist of the Institution, the number of children who attended was 582, for the accommodation of whom room was procured. But in process of time, as number of children increased, more rooms were , until, in the year 1813, when the number of children amounted to 1,963, a building capable of -ding sufficient liberty for a school was commen• , on a plot of ground rented for the purpose for term of 999 years. The Gentlemen who compo ' the Committee, on perceiving the beneficial re- , , arising from this excellent Institution, even when contracted within the narrow space of one or two loms, exerted themselves much in procuring sub-, scriptions to this praise-worthy undertaking, and at ,gth, in 1814., the building was completed, at the irpense of £3,967, of which a sum nearly. amount ng to £1,700, was borrowed fiont some of their 11-lends, who, desirous of assisting in the finishing of useful work, willingly lent this sum to them. Gentlemen became also Trustees to the Cha , and subscrib2l the contract by which the ground the erection of the• school was leased to them. . the commencement, in 1796, several rules and regulations were proposed by the founder, who; be ag of opinion that religious instruction ought to be considered as.among the most essential parts - of edu cation, regulated the School in such t manner, that children regularly attended the Established lip each Sua&fiy in the town. In this beneficial it he was much assisted by Mr. Simpson, a Cler ai of the Established Church, who resided in nun, and who, dining the last three years of his , generally addressed the children, and explained them their religious duties. After his death, in ` another Clergyman continued the useful prat , and in 1801, as the expense attendant on the :hag increased, annual sermons Were introduced, means of defraying it. The regulations of the ;cool were conducted by a Committee, consisting iginally of seven persons, and two Clergymen ; but -wards their number was increased to twenty-one. thildren were distributed into regular classes, the care of masters who all gave their services iitously, and the whole internal was superinten ,y one person, chosen specially for the purpose. John Whittaker was for many years superinter- During the time when the subscriptions were foot, many assurances were given by the Commit that the School would be conducted on the for plan, and early in 1814., the draft of an agree t for the leasing of the plot of ground was drawn for the perusal of the Committee. It provided t the School about to be erected, was for the edu lon and instruction of the neighbouring poor, in doctrines of the Established Church ; and also in the building should not be used as a School that it should be converted into a Dispensary • •her clause upper both r 4 rence c ! . the Sc natters the m establi structii manuf in the in a CREAI blishec ence o , attends i.a roor the nu hired, childrc affordi ced, o a term 3 I sel tin • sults al contra, rooms, scripri4 length, expens ing to friends this u These rity, ai • for the At the regula ing of c consid, cation, the c 4 worshi labour gyms; „ the to , life, g to thei 1799, tire, a Scho6 as a it St.hoo Origin; afterw The c; under gratui del 1)1 dant. • on foo tee, di mer 131 ment f out foi that tli I cation the do case tl • house, or an . ••••,-;•-• . from -his - client's in . could shew that 1 would set the plea • having given a rule " • plea, had only put he Ayas fairly liable LAN • • • This was an ac plaintiff a thief, • nesses proved the I some of them that plaintiff in conseci • defendant say. TI that the words hac: dant had emplovec and the plaintiff, received, had brou the words, if spoke appointment, and He trusted the Jur give the smallest p' . The Judge, in sur of a god characte added, that if he he might have br had he, at the rr reconciliation, poii plaintiff had made in heat, that circ damage; but Stec with deliberation. and the Jury ough ges. Verdict for t rat KIN occasionally be made nse of as a place of religions worship, or for any such useful purpose. In the con tract, which was afterwards signed, the word " occa sionally" was omitted ; and soon after the completion of the building, some of the Committee became de • sirous of engrafting a regular Dissenting Conven ticle on the School Establishment. For this purpose a dissenting teacher, named William Marshall, was employed to give extempore lectures, which he con- Itinued to do for some time, but was at length dis missed, on account of his representations being dis covered to be false. Immediately on his dismissal, another teacher, named Robert Stephen Maclrall, was invited to take the part of Chaplain, at a salary of £1.14) per annum, which was afterwards increased to ' £l7O, and paid by quarterly collections. This last preacher was brother-in-Taw of the superintendant, John Whittaker. Thus by the influence of the super intendant and of the greater part of the Committee, ' the order of the trust was subverted, and the doc trines of Dissenters from the Church of England were disseminated; and instead of the doctrines of the established religion, the doctrines founded on the broad basis of universal philanthropy were inculca ted.. The room thus altered into a Conventicle, was ornamented with a gallery, and a new organ was about to be placed in it. Mr. Baron GARROW inquired, if the person who of as preacher was regularly ordained? Mr. DAUNCEY replied, that he understood he was not in orders, but that he had graduated in Edin burgh. For his part he was unacquainted with the different systems of religious belief followed, by the parties in question, butie contended that this School: could not lawfully be converted into a dissenting conventicle, where adults of every age were to as-, semble at stated hours on Sunday, and thus subvert the original intent, which was that the poor children should be there instructed. He was aware that there were voluminous affidavits, on the other side, which among other things would state, that the two 'peti tioners were influenced thus to bring the whole es tablishment for investigation into a Court of Justice, because two itinerant preachers or a favourite system were not permitted to descant upon their doctrines in the conventicle: The subversion of the original purpose was solely of consequence in his opinion, and, it would be obvious when it was known that the Clergymen belonging to the Established- Church, who reside in the town, no longer frequented the place of instruction. Ile was prepared with affidavits to substantiate the truth of the assertions which he had made. The affidavits of the petitioners were then read by the officer of Court, which tended to substantiatethe facts as already related. Mr. SPENCE followed on the same side, and read extracts from the Book of Resolutions and Reports of the Institution since its foundation, to prove that the School was intended for the instruction of the 'Children in religious knowledge, according to the es t iblished doctrines. Mr. MARTIN, on behalf of - the opponents, stated he was Counsel for nineteen of the Committee, who were thus openly assailed by two of their own body, of whose motives' for such an attack he would not now speak. The case was of importance not only to the inhabitants of Macclesfield, but to the public, for it embraced a wide scope, that of liberty of instruct ing their children in their religious duties. The pre sent application arose from an idea that the object of the charity had been-rubverted, but that this was impossible would be clear to reflecting persons, who knew there were at present more than 2200 children belonging to that populous district, who received the benefits of education and religious instruction each Sunday at the school. The present Lord Chancellor afforded to the parties in question an advice, which was certainly salutary. In the case of "the Attorney General,. Fowler," which was one similar to the present, instituted by one party of dissenters 'against another, Lord Eldon told the parties that they ought 'to settle their differences before application was made to him, for his intervention not unfrequently was productive of no other result than a total dissolution of the charity. Though it was his hope that this result would not follow the present application, he regretted that the recommendation of the Lord Chan cellor was not adopted, for it would at least prevent the present discussion, which must be unpleasant to both parties. The charity, the foundation of which was this day investigated, was established by a be nevolent individual, more than twenty years since, who seeing in this populous town. and its vicinity many children who could never expect, from the nature of their employments, to receive the advan tages of education or of religious instruction; except on the day appointed for the- worship of the Deity, resolved to exert himself to procure this happiness for these helpless infants, who being sent at the early age of five years to laborious employments, could scarce hope for the attainment of this invaluable bles sing. For this purpose he caused to be distributed among the inhabitants, printed papers, expressive of his wishes and explaining the meins of carrying them into execution. The clergy of the town, and among them one in particular, Mr. Simpson, a truly worthy man, encouraged the generous undertaking, and fos tered it, with all his care. Although his friend, Mr. Dauncey, had sareastically spoken of the broad basis of universal philanthrophy, the object of this institution would insure from every true lover of the country, the tribute of his heartfelt approbation.-- The school was originally intended t 3 be established on the system introduced by Joseph Lancaster, and as such continued for years to scatter among many the great blessings of education. None but malevo lence itself could quarrel with an institution, thus formed to lessen the sum of human wretchedness ; and the Court would, he trusted, support instead of ruining such a noble undertaking. Notwithstanding the insidious remarks of its object being to extend the ramifications of a particular sect, it would be admitted that no doctrines destructive of morality were there inculcated. 'Benevolence still influenced its founder, who yet lived to see the happy 'results of his philanthropy, asd the present as well as the for mer instructors of the children derived no other emo lument from their labour than the gratification of having performed the noblest of human duties. With respect to the contributions, the individuals who gave their money to the support of a preacher, whose per son therloved, and whose doctrines they revered, well knew to what purpose the :money was dedicat ed ; and in the same manner they who gave motley "iliiiii3S . ftirthering the instruction of the children, could know how their money was expended, for re gular accounts were kept of the receipts and expen diture of the school. Admitting even that this school was founded by dissenters, the laws of the country would afford thersi protection. They procured the house in which instruction was given, and the laws would protect them in the enjoyment of their property. Mr. Baron GARROW asked, how they obtained possession of the ground on which the building was erected ? Mr. RTIN stated, that they had obtained a lease for 999 years ; find then proceeded to read various extracts from the Reports of the School, illustrative of the general philanthropy which guided the persons who estahlished and conducted it, without any parti cular reference to doctrinal creeds. Mr. Baron GARRoW inquired if the children still continued to frequent the Church on Sunday, as in the commencement? , Mr. MARTINI replied in the affirmative ; all the children could not be present at Divine Service at the same time for want of room, but they went re gularly in turn. To the objections published by the Clergyman of the Established Church, satisfactory replies could be given. With respect to the objection arising from the practice of writing not being dis used, it would not be beneficial to relinquish insuuct ing the children in an art which is always extremely useful; and with regard to the objection arising from the not preventing the children from joining in prayer with any lay visitors, the practice was intro ' laced prior to I qtl, and was followed, because the 'children not having room in the chnrch,they would otherwise be turned out into the lanes and fields.— The doctrines of the Church of England were tau ht in the school, and her catechism was taught. Mr. Whittaker, the Founder of the School, was assisted in the beginning of it by Mr. Simpson, who always exhorted exteinporaneously the children as well as adults, for the latter also were permitted to receive religious instruction. The objection therefore against adults was of no avail. But wl.o were they who petitioned against the continuance of the present modes? Two persons, Who at the time, when the Clergyman of the Established Church separated from the Committee, exerted themselves most ; one of them, Mr. Roberts, made some very severe reflec tions. The jurisdiction of. the Court did not extend to the voluntary contributions of individuals, for they were at liberty to give to whom they chose.— The money collected could not therefore be the sub ject of decision. In relation to the deed,. on which the application of the room to the purposes of a con venticle, as it was sarcastically called, was founded, no prohibition existed in it, why it should not be so employed. The present application was against the whole body of the Proprietors of the School-house, against the whole Committee, two persons only ex cepted, against three thousand respectable duals, who frequented this place of worship. The Court would require stronger proofs than those al ready given, before they would disturb the peaceful worship of so numerous a congregation, .an‘hefore they would deprive two thousand two hundred help less children of the benefits of instruction and religion. The LORD CHIEF Bsaoi postponed the further bearing of the case ; and at the same time particu larly recommended to the parties to promote peace and harmony among themselves as much as possible. • DISTURBERS OF THE Da AD.—Before the -openin g of the Office at Union Hall, yesterday morning ) an immense crowd had collected at the doors, and, upon their being thrown open, the multitude so Occupied the different parts of the Office that business was for a considerable time suspended. At about one o'clock, however, the Rev. Dr. Harper, the Minister of the Meeting-house in the London-road, leading from the Obelisk to Newington, came to Union Hall, for the purpose of developing to the Magistrates the offences long practised in the burial-grottnd that adjoins According to the statement he voluntarily made, the burial-ground was the property of a Mr. Crawford, who had for 83 years used it as Fith, till it had be come so crammed that the bodies there interred were scarcely, if at all covered with earth, heaps of human bones being seen in every part of the inclo sure. He .had seen persons in the offensive act of hewing the .mortal frame to pieces, while he himself was performing the last service for the dead. Per sons had supposed that the burial-ground was con nected with the building in which he continued to preach, but the supposition was unfounded. He de scribed the character and condition of Mr. Craw. ford's burial-ground in the most abhorrent but ap• propriate terros.—Heion, the night constable of St. George's, in the Borough, not only felt it proper to corroborate what the Rev. Dr. Harper had stated at large, but intimated his belief that the sexton's assis•. taut was privy to the depredations which had been -committed in the burial-ground near Dr. II:1.13es Chapel. He was assured by persons who inhabited the houses on the skirts of the ground, that deal boards had been placed so as to prevent their seeing from their windows the enormities still committed in it. Sunday last, about six o'clock in the morning, the assistant sexton was observed to uprise a body from a new-made grave, and wheel it away in a barrow.—The Sitting Magistrate said, he regretted that the persons who had been seen removing the bodies were not before him ; as, in that case, his course would be perfectly clear. • CIIILD STOLEN.—Yesterday an immense crowd was attracted to Bow-street Office, on the report that Mr. Horsley's child was discovered. It tur:1 , .:,1 out, however, that the - infant in question was the child stolen by Mary Ann Gregory, as mentioned vester day, from No. 45, Kent -street, in the Boi . ough, and is only ten rnonths old—Hedgway is the name of its parents.—William Nesbett, beloupin47, to St. Cle ment Danes, stated, that about two o clock, yester day afternoon, he discovered the child among' a crowd of people, near St. Clement's-Line, stripped. and crying, and perishing, with cold, in the passage of ahouse belonging to a poor woman, who wrapped it in a blanket and laid it before the fire, aad in a short time it began to recover, when she ic.ok it into her lap, and shortly after a woman entered her house claiming the child as her's ; however •she was ,deter mined not to part with it till she had described it properly, which she accordingly did, and the infant on heal ing hor voice raised hiinsalf and knew his mo ther, who had bees distracted since Tueiday after noon at the loss of him. The natural feelings at meeting with her lost infant it is impossible to de- 7IR scribe. Sha stmo.l,thut she ke Kent -street, in the Borough. prisoner lodged in her house. she sent her son, twelve years child, and the prisoner met hit rained the child from him by and she, her husband, and a ft o'clock the following morning they were out again at seven, her and the child nearly ever quently heard of her in St. Gi The child had been robbed of ,coat, feather from his hat, a frock remaining, and his feet, a most shocking spec!acle to 'a great number or blisters, on , As an egg; his heels • -ere sa •tween most of his toes. From produced could not he ascerti Ito have been occasioned by c being presented to the fire.—: mitted for further etaminatior SUDDEN DPATlls.—Mond.l] lady f)f the Roebuck public hog eras in her bar, sc:ving her ct fect health at the time, she c pain in her head, and sitting dc to her forehead, and exphLd i ner's Inquest has since been h returned a verdict—Died by Tuesday evening a Gentler witne-s the Sparring Exhibitic in St. Martin's-lane, Leice-;c place, accompanied by sever.: conclusion, and was proceed square, in his usual state of he nishment of the company, he s and expired upon the spot. BIRTIL Tuesday at Fiterey Farm, the L M. I'. of a daughter. DIED. - Tuesday, at Paddington, Arne, wi of the &lon. Esst India Company's : Nov. 11, at Fonntaiebridge, Alma Lord Treasoreerlirosembrancer in I SARACEN'S HEAD, SNO' WILLIAM MOUNT! Four Inside Coaches, best Hors T HE following Post-Coact Mt oat from the A FA LMOUTII, Plymouth, To Dorche , ter, ITartmouth, and Salido Morning at Seven ; through Hoc IlLandford, Basingstoke, and Bay the next Evening at half-put eiglt. SOUTI IA M PTON, Lyrninron , Basingstoke new Four Inside Coa morning, arrives at the Uolphln Im five. This is a most delightful con Havre de Grace, Jamey, Guernsey, BATH and BRISTOL. Fering I penham, Caine, ind Marlborough, t!r. May's, the Greyhound Inn, 11 Thomas4treet, and the Swan, Brie to Wells, Bridgewater, Taunton, E The UMPIRE, a New LIVE one night on thorned, carrying four I nut, daily; through Hunsteble, Wo tnn, Wclford, Latigrworth, Hind Stone, Rugely, Newcastle, ICnutsfin SHREWSBURY, Wellhgren every evening, at five o'cloek—Gu, 'WEYMOUTH, Dorchester, and Basingutoire new Post-Coach, mouth packets to Guernsey, Jersey LEEDS new Light Coach, cal morning at eight; carries Four In easy, with a Guard throughout ; Newark, lierford, Doncaster, and Lion, Leeds, next m0r0n:1, 7 .. Nntn expedition of this Conch, it is alloy and complete public conveyance on equalled by any other. GLASGOW, Longtowp, Gretn Brownhill, Thornhill, Sanquhar-Kil ail Parts of Scotland, a_Poo7roach 'FORK, ficarboroUgh, Whitby. rattle, and Edinburgh new Four 1 throughout; Imes out every morning ford, Tadcaster. Darlington, North and Berwick. Passengers unding journey, may rest what time they p without any additional Gre. hl Alt I.IIOROUCe H, and Swin Coach, through Aldbourn, ittadim dington, Pewsey. Wootton Blallet, Newbury% every morning. IMIDGENORTII and Walsall BOSTON, Spalding, Peierborou, Royal Mail-Coach;evary evening and HulL OA ELLSLP., Penrith, and VI Coach, and a Guard all the way. plehy, Greatabildge, Richmond, C therby,Alterford,Donnuter,aud Gr ins, And au "Worms the journey with gers,detalsed on the rood by businer Ilkladvuotage ot tbeir seats being se KENDAL, Lincaster, Preaon Curley, Onnskirk, and Garstang LIVERPOOL, Warrington, Kr Litchfield Post-Coach, the )kfianc - racen's Ileadlnn,.Dalootreet, Live ; WAKEFIELD Post-CoiC.h, eti cur.sTgn, Ntwport; Whit& Vorthivich.aTl Illiddiewich Post-1 SUNDERLAND, Stockton, an log, to the. Games Ida, Sowilerland al A NCH ESTER, Winslow, Cc and Wolverhampton Post-Coach, e SHEFFIELD and liotherhatn I Ingham, every morning. BIRMINGHAM I'ost-Coarh,l noon, and reaches INimingham oe Warwick, Leamington; and Havel Bull -street, Birminahain % HULL, Northcave, Howden, , Coach, every Morning, at half-past keteplace, liutL IiOVF,R, Deal, Margate, Sande Faversham, Chatham, it , •chester, morning, nom, acrd night. • lIERTFOIt 0, Ware, Hoddesdo morning. k.,^r W. MOUNTAIN and Co Friends and the Public, that they v" Parcels, Passengers Luggage, Writ Five Puunds value, if lost, stole!, as such and the Insurance rid for Head Inn, Sooty-hill, London. PRICE OF STOCKS Bk. Stock Iteducod 77;761 Cons. 77;i} 1 per Ct. 86 4 per Ct. 9.5 i Navy 108} • I.og MATER a Mcndag Aftso 'DON Q 4 .71.15N t Printed apd puha& Flare, Temp