The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-07-01 00:00:00

and=glakthe Wavle bolt efierion to be even at I
tho Weed to be madam la eonl with the
=lof I* Christie& shad to Or
ead dilesiXisne of re tailed churches of England
sad Ireland. h Yr. Eliot sew, retired, and lb.
Wm plaintiffs were added to tbi lir of murals. On or
rant tho yam iffil there use between Mr. E'Ais, tao
dobadaat who bad bats appointed la 1864, and the
nyegmes, dlierews and oorrespooden= and Irma
interraws took Woo upon the subjeand Mr. nuts was
, *WI to glee may expatiane he t Wok It; and
; Wisins=k on October 16th, 1/37f. s lion was passed
' that Mes Oonaoll, having beard the ratoments made by
I Kr. Ellie had come to the °molest= that it was un-
Waroble that ha triad continue to hold the post of WW-
I master. Kr. Ellie had, however, Word to give up
Fhira; and the trostoer oleo clawed 121355. for rent.
monst had been paid into court) The defendant.
s easwer, said the plaintiff. Mr. Goner bad con- ,
rived as animosity toward him became be ocarlourly '
took the boys tea church at Holcombe Regis, at which •
curate of the plaintiff'o officiated, imbed of to the froll'h
church of the plaintiff himself, and that wad the only
difference which had aria= between thorn. Tne defendant
oleo compiai nod that f our of the buster had broken ,
their areelnesit. and changed the Ilaabe of re Middle-
Qom Ocher to that of the Metcombe Regis School, encl.._
bad sonvorted it Into • school of • similar character `."
Collegiate School. Ho also deeded that be had emir been I
invited to make any mokaatioos. and he further alleged !
that the rem:dunce of dismissal had not been weed fairly '
or honestly, bettor the purpose el promoting the ietrieats
of the 1111°°"mbe Rails Schisoi and It. master, Mr. Miller.
In Wis, Mr. Cerra mid Mr. Ell* who had midweek."
the manamonant of the Middle School himself, appointed
Kr. Millar, but when in 1873 It wee decided he should be
ached to nalr a metal of LEO • year, he Whir to do ,
this, and gave it up, end thereupon the trustees had taken
the macaremeat into their own hands.
The burned counsel quoted • number of caw in butt-
Scrim of this maw pawed by the trustees, notably
that of Hammes a the Rugby School, and said ratio far
as at present be pronoeed to &a, ha should simply call
irridenos to prove that • demand had been made upon the
defendant that he should give up the prelates's. If the
Warm% should venture to bring forward wartime of
aaything like corruption or =dm porton:saw of their
duties on the port of the trustees, he should call evident's
to most it, if his lordship thought such a point could be
entered into at all, which he thought not.
Kr. today Birk Milled's, in business with hie father
as auctioneer and estate agents at Weymouth, elated that
en July 2nd, 1878, in accordance with instructions f em
Mr. Andrews (aecetary of trustees) and Mr. Fox
(mornianni) be dem sad= possession of the school premises
of the daendasit personally. In reply Mr. Elite mid as
warded Kr. Fox Ito warn under no engagement with that
georwan. and know nothing of him in that matter; and.
with regard to the cowbell, coy communication they
might have to make should be done in writng in order
that he might Windt the ante to his solicitor, who would
be able to act floss It as he thought best. He went on to
proosedinga wee clearly informal. as there was no
to prove be (Mr.
or ingest. Killest had seen him and made
tree inq that he had v him any reply. He
then Wad defendant to give an aaawer yes or no to
the degrade be had made, end he upon that said he
amid have serlag to my in the matter.
Crossexamdeed by Mr. Hearse : He certainly did not
a when be Ira called upon Mr. but he did
tireir truster bed asked him to make the demand, as
they kbew he tad been Meads with hint Ha would not
swear Mr. Ellis did not peodoes • letter from Mr. Eliot
statist the coosoll would allow him to stay until the sad
of tho mm, Ili. Ellie did not ask him to make his
dews= is writing, and be could not remember tirt he
met him is the area and did so au the following day.
Hs would certainly swear that be demanded namesake of
tror=Ezithat isterrer
rid subject to say matter which might
be raised by the defendant, siad upon which be would
have to reply, that wag hie car
• Mr. Hastinge ea the the pert of the defendant objected
thin was no power at the part of the truster to deter-
mine either the lease or the agreement except by a
resolatias of all the traster and iltat upon the autbori•
ties It was not ea adios that could be takes by • majority.
bursar as the instrument of appointment was dmed
by the whole of the body in UM In 1376, when there
wersidisogrowsonsbetweea Mr. Ms and Mr. Cremes as to
the place of wersidp which the scholars were to attend,
the agreement was wen= in precisely the some Won
that Is was dearearelde only upon the death of Kr.
Ellis 2lse power el dotergalaing the lasso simply ambled
ths= to exertre their Mention of removing the school
and la way whateyer--excer, of course, In
CateZt of gram so
migeostact upon the part of Kr. Sills—
conferred upon them the right to determine the head.
mastankip. They had so power to do thla of their own
arbitrary were, and ma they had cheese be est upon each
prieumptaaus right, the action, he add. wet fea This
was mot the mos of a charity, but a aormsealal smear
boa of the astute of • club. It was quits • mistake to
my that =Ws who Ind the mow, which is secured in
the ordinary method of say Wheat undertaking. were
the truster of • charity. Assuming the resolution had to
be Per= %all the trustees, they had this fast that six
only pot It fame without ths consist of three and with
the positive driest of one—Mr. Talbot Therefore, here
they had • majority of the trustees undoing enact which
all bed done. Mr. Ellis had nothing to do with the
foundation deed, but simply with the 'retract between
him and the throw ; and the school having been let to
him by in. whole body, he mid that contract must be
rescinded in the same way by the whole body.
His Logdship said he could not sae that at all.
Yr. Hastings submitted It followed logically. Assuming,
however, they bad the arbitrary power of dianalair what
they should have dons would have been to hove exercised
such arbitrary power, but when, a• here, they chaos to
eat* their reasons, why, rest it became necessary to
examine them and when they rens before the Court they
would have to explain proceedings brad upon resolutions
simply pretend for the purpose of gettiny rid of the
defendant, which Wa4 the real motive In the case.
He *old amk His Lordship to look at the sufficiency of
reasons pot forward, and he thought be would come to the
conclusion there was no foundation for them, and that they
were altogether inefficient The difference which In the
Imagination of the plaintiffs erred between them and
the defendant, err simply that se to the attandonce of
the boys at Mr. Gr,ay.ee church, and which had been
owl= in 1876, and although they luid been invited by
interrogatories to state ors= they bad been unable to do
so. There could be no doubt the real maw of wishing
to get rld of Mr. Sill. wee became Mr. Grave we
annoyed at his having deserted his church For mesons
whir be rod not state, Yr. Ellis objected to the way in
whir the services were condole= at the pariah church,
and by the new agreement of 1876 Mr. Ellis was
empowered to take his boys to such church as the trustees
might Mink fit. This seems to have rankled In Mr.
firemen mind, and no doubt induced him to take
naseaures for getting the moolution pared to rot rid of the
defender. The Wool, wader this now agreement, how.
ever, went on very well until on an evil day (11th April,
18761, the tarter of the Middle &hoot who consisted of the
gentlemen who were, he said, the head and front of the
offending. Yr. Grimm Mr. Andrews. Mr. W. ICE= and
Mr. R. if. Wet. agreed to chance the name of the school
to that of Malcombe Regis School, it bring perfectly
*Wow the reason for doing so was to attain an toed which
wee calculated to interfere financially with the prospecta
of Weymouth School. That mom to Mr. Ellis's earn, and
a long correspondence (reed by the learned COltliab anaued.
One of theme lemma from Mr. Ellis, which had boas for-
warded to Mr. Eliot, as secretary, to lay before ha Board
woo Mr. Hastings said, dealt with in • most extraordinary
and improper manner, for after having shown it to Mr.
Comer and Mr. Andrews. he returned it to him request-
ing lam to make certain alterations. With referenot to
the allegation that Mr. Ellie had heart charges ageism
tba trustees which he bod declined either to withdraw or
substantiate, and whir in reality constituted
the only reason for the adverse action against
itim, the learned counsel said there was no founds.
lion for It—all that he had done was to my that in
the matter of the Middle School he felt igarlaved, and he
wired to know if they were responsible. Instead of
to declining surtantiate his complaint bad in hi. latter
prowl home with some obi ty and vigour. It was
remarkable that throe of the gentlemen who sat in secret
conclave over Mr. Ellie's latter, and decided It was such
es they mold not lay before the Council, were gentlemen
who had easetioaed the change of name of the Kiddie
School and bad a pocuniary interest In the welfare of Ur
school in order to protect themselves for the monies for
which they bad made themselves responsible The
action to paring the resolution was not that of an
Independent expression of feeling. H. should call
evidence to row that those gentlemen who voted for It
did se became, as they pot it. "How could we go against
Mr. Greener and Kr. Talbot would be placed litho box
and he would swear that Mr. Growls said to him," I
have been Wes= with large means, and If Mr. She dose
not bring lila bop beck to St. Mary's I will spend emery
gd. I have and torn him out.° Whether that was an
oballtition of tower or not, at whether it wee a mere
Idle three; did set matte. They °add not look into a
man's beset gad see Ids motivm, he must stand by what
he Wei under tier etromearacr. Ho submitted that
H. near for drakesl were not enfikiens. that even if
they were Okay were net Inas and that it had been
brought about hy the undue rimer of Mr. Grievee. and
therefare the defendant was on all the authorities entitled
to the Judgment of the court—Thu Court then roes.
It be easel the case is likely to last a considerable
time.