The Daily Times.
Liverpool, Merseyside, England, 1860-06-22 00:00:00

PILOTAGE COMMITTEE.

-
The proceedings of this compittee also were unim-
portant.
Mr. Moss moved their confirmation, which was

THE DAILY TIMES, FRIDAY, JUNE 22, 1860.

The amendment was accordingly carried.
This concluded the public business.

COUNTY COURT.-YESTERDAY.

(Before IV. A. IIuLToN, Esq.)

have to state that, in looking over the papers aenneeted with
the Van Schack Rey, we Mid that she did take the quantity
entered. We regret the mistake, and will take care it shall ntrt
be repeated in future.—Your obedient servants,
MANGER, HAVROWITZ, ER CO.

Liverpool, 9th June, 1860.
The amount claimed was £4 odd.
Several members of the board expressed themselves
in pretty strong terms at the course pursued by the
above firm in this matter, and impressed on them the
necessity for being more careful in future.
THE CHARGE FOR STORING GUANO.
Mr. BOULT then moved that, in future, the charge
for storing guano at Birkenhead be id. per ton per
week, instead of ',ld. as at present. In doing so, he
said he had brought forward this motion in consequence
of the anomaly which existed when both sides of the
river were taken into accouut-2d. per ton per week
was the charge on the Liverpool side, whereas only lth
of a penny was imposed at Birkenhead. The only dif-
ficulty he had on the subject was as to whether his mo-
tion was competent under the act of Parliament.
Mr. NORTH, the solicitor, said that according to his
reading of the act the board could not alter the rate.
It was expressly stipulated that the rates were to be
revised at the end of every three years, and any altera-
tion made must be subject to the approval of the Mayor,
the senior justice of the peace, and the chairman of the
board.
Mr. BoULT, in continuation, stated he differed from
Mr. North in the interpretation given by him of the act.
He said that if they took the article of bone dust, which
was not worth one-third the price of guano, and con-
sidered that it was charged 10. per ton per week, the
anomaly would be quite apparent. He thought that
Birkenhead had no claim on them, whereby the charges
there should be so low. It was not fair to the rate-
payers, and he would consequently insist in putting his
motion.

Mr. Moss seconded the resolution.
Mr. HUBBACK opposed the motion. He, remarked
that the Warehouse Committee had the interests of the
board at heart as much as those of the people of Birken-
head, and this matter had had the serious attention of
the committee from time to time. The rent up to the
time when they took over the Birkenhead property was
id. per ton per week, the moderate rate being made to
induce parties to go over there. When the time came
for the revision of the book of rates, they provided
better accommodation, and with the consent of Messrs.
Gibbs, Bright, and Co., and others, it was in ereased to ths.
He was firmly of opinion that if Mr. Boult's motion were
carried, the 40,000 to 50,000 tons of guano expected in
the course of a few months would be sent to some other
port ; and he thought it fell to the ground after the
opinion expressed by the solicitor. But irrespective of
that, it would be bad policy to change the rate.
Mr. Littledale opposed the motion, which was sup-
ported by Mr. Lockett.
Mr. RANKIN was of opinion that the Board ought to
take upon itself the power to make a distinctive rate.
(Hear, hear.)
Mr. GRAVES proposed, as an amendment, that the
question of rent for guano be referred to the Warehouse
CoFnmittefe, with instructions to report on the same to
the Board. He said the object of his amendment was
in order that they might have some correct information
before them before coming to a decision. They ought
to know what was the actual rate charged in other
ports, if it was their intention to compete with them at
all. He considered the course he indicated was prefer-
able to that proposed by Mr. Boult, as it was a question
which should be carefully deliberated upon.
Mr. LANGTON seconded the amendment.
Some discussion followed, after which the vote was
taken on the amendment. The following is the result :
For.—Messrs. Forwood, Graves, Hubback, Inman,
Langton, Littledale, Moss, Rankin, Rounthwaite, Tobin,
and the Chairman—total, 11.
Against.—Messrs. Boult, Darbyshire, and Lockett—
total, 3.

SPECIAL JURY CASE.—WCLURE, M'DONALD, & CO.
WATSONv. AND SON.—Mr. Deighton appeared for the
plaintiffs ; Mr. Grocott for the defendants. The plain-
tiffs are lithographic printers, and the defendants are
solicitors practising in Liverpool. The action was
brought to recover £3O 18s. for lithographing on fools-
cap or " brief sheet paper" an abstract of a title, and
a supplemental abstract on post paper. Mr. William
Cooper, book-keeper in the employ of Messrs. M'Clure,
deposed that he received an order for the execution of
the work in August last; but there was nothing said as
to the size of the paper, and the work was executed on
draft paper. When the proof was sent to Messrs.
Watson they rejected it on account of its not having
been done on " brief paper ;" a second copy was there-
fore taken, and this again was rejected for a similar
reason ; but it was then understood that the defendants
should pay £7 7s. 6d. for it. A third copy was then
struck off, and that was not objected to. An invoice
was forwarded to them on the Ist September for the
whole amount, and witness called on twenty or thirty
occasions for the cash, when no objection was made to
the amount, and promises of payment were given.
Three other clerks were called, and they gave corro-
borative evidence. For the defence Mr. Watson, sen.,
was called, who acpuoctl chat he objected to the bill on
more than one occasion. The Judge summed up at
some length; and the jury returned a verdict for the
plaintiffs.

THE SCOTS FUSILIER GUARDS.-011 Wednesday the
two hundredth anniversary of the formation of the
Scots Fusiliers, or 3rd Regiment of Guards, was cele-
brated at the Crystal Palace with all the pomp becoming
such au interesting occasion. The whole of the men
comprising the first and second battalions were treated
to a grand dinuer in the transept, to which upwards of
1,500 sat down. The Duke of Cambridge unexpectedly

joined the festivity, and was loudly cheered.
THE FRUIT Cum= IN ENGLAND.—The reports of the
fruit crop in England state that, notwithstanding the
extraordinary weather of the past four weeks, there is
every prospect of great abundance. The least favourable
accounts are from Essex, Sussex, and Suffolk ; the chief
damage sustained having been from the high winds. In
some oases an opinion is expressed, that although the
quantities are great, the quality of the more delicate
fruits will prove to have suffered from incessant rain.
SEA SICKNESS.—Some way or another the British
mariner does not seem to feel as much commiseration

For these unfortunate persons as the real misery of their
• - -

situation might inspire even into the most hardened

hearts. "de didn't ought to do it here, sir," said an
old sailor to me one night. (I admit that on the night

in question other feelings than that of scientific
curiosity drew me occasionally to the bulwarks of the
Eagle.) " Why can't you go to the side, you dirty
brute ?" This soothing question was directed to an un-
fortunate French gentleman, who was positively livid
with misery, and as capable at that moment of reaching
the side of the lively craft as he would have been of

taking command of the ship. But _we will not linger
on the miseries of that middle passage. I think, how-
ever, I shall riot be far wrong when I say the foreign
gentlemen don't like it.—Once a Week.
VOLTAIRE ON THE EAST WIND.—I hastened away
from the spot, and walked off to the Court end of the
town, full of that pleasant French prejudice, that a
Court must be the seat of gaiety and pleasure. But
here again everything looked melancholy and morose,
The very court ladies themselves were cold, stiff, and
uncharitable in their discourse. For the most part,
they only talked iu sad strain of the East Wind. I

thought of my Danish friend of the previous day, and
was inclined to laugh at the erroneous idea of England
he had carried off with him. But, to my astonishment,
I could not laugh. I was a victim to the East Wind.
One of the celebrated physicians of the Court, to whom
I expressed my surprise, told me that what I had seen
was nothing to what I should see in the months of No-
vember and March,—that people then hanged them-
selves by dozens, and melancholy pervaded the nation.
--Once a Week.

LITERARY COMPOSITION.— THE TRITE.— And what
is the trite? It is a minor variety of what is known as
cant. By cant is meant the repetition, without real be-
lief, of sentiments which it is thought creditable to pro-

fess. As the name implies, there is a certain solemnity.
as of upturned eyes and a touch of song in the voice, re•
quired for true cant. Since Johnson's time there has
been no lack of denunciation of this vice. But the trite
as less immoral, or as not immoral at all, has—
with the exception, as far as we recollect, of one on-
slaught by Swift—escaped equal denunciation. For by
the trite is meant only matter which may be true enough,
but which has been so familiarised already that it can
benefit neither man or beast to hear or read it any more.
" Man is a microcosm," may have been a very respect-
able bit of speech once ; and, if there is yet any poor
creature on earth to whom it would be news, by all
means let it be brought to his door. But does such a
creature exist among those who are addressed by any-
thing calling itself literature ? And thus with a thou-
sand other such sayings and references,—" You mustn't
argue against the use of a thing from the abuse of it ;"
"The exception proves the rule ;" Talleyrand's remark
about the use of speech ; Newton gathering pebbles on
the sea-shore ; and worst of all, Newton's apple. The
next writer or lecturer that brings forward Newton's
apple, unless with very particular accompaniments,
ought to be made to swallow it, pips and all, that there
may be an end of it. Let the reader think how much
of our current writing is but a repeated solution of such
phrases and allusions, and let him extend his view from
such short specimens of the trite, 40 facts, doctrines,
modes of thought, and tissues of fiction, characterised
by the same quality, and yet occupying reams of our
literature year after year, and he will understand the
nature of the grievance. What we aver is that there
are numberless writers who are not at all slipshod, who
are correct and careful, who may even be said to write
well, but respecting whom, if we consider the substance
of what they write, the report must be that they are
drowning us with a deluge of the trite.—Mr. Masson in
Macmillan's Magazine.

RIO-US- CHARGE A,GA-iNST A
CLERGYMAN.

COURT OF QUEEN'S BENCH.—TUESDAY.
Before the Lord Chief Justice and Special Juries.:

TOLMAN AND WIFE, V. JOHNSTONE.
This was au action against the Rev. Edward John-
stone, the vicar of Hampton, for indecently assaulting
Mary Anne Tolman, the wife of George Tolman.
The defendant pleaded not guilty.
Mr. Huddlestone, Q.C., Mr. Prentice, and Mr. Laxton
appeared for the plaintiffs; Mr. Serjeant Ballantine and
Mr. Henniker for the rev. defenant.

Mr. Huddlestone, in stating the case on behalf of the
plaintiffs, said Mrs. Tolman had been for some time a
domestic in the service of a lady residing at Hampton
Court. The wife and husband had been extremely
intimate previous to their marriage, and this intimacy
resulted in her becoming enciente. However, in order
to repair as much as possible the injury which he had
done to the young womrn, he married her three or four
months before the period of her confinement. The
defendant holds considerable church preferment,
,ind is
vicar of Hampton. In March, 1858, Mary Arnie Tol-
man was delivered at the cottage of her mother-in-taw,
with whom she resided at Hampton, of a child. On
Monday, the sth of April following, she was sitting up
stairs in her bedroom when the Rev. Mr. Johnstone
came to the door. The door not being fastened, he
entered the house, and immediately proceeded up stairs
to Mrs. Tolman's bedroom. On entering the room Mrs.
T. was found seated on a chair, with the baby on her
knees. The defendant commenced stroking the child, and
remarking it was a very fine one, asked Mrs. Tolman
whether it was not a gentleman's. Having seated
himself in a chair, Mr. Johnstone then proceeded to
address the most disgusting language to Mr. Tolman,
and gave utterance to a hope that as soon as she was
recovered she would permit him the privileges of a
husband. He attempted to insert his hand underneath
her dress on to her bosom, and he likewise endeavoured
to raise her petticoats. After remaining in the room
about twenty, minutes, and hearing footsteps on the
stairs, the defendant took his leave. Mrs. Tolman,
very indignant at the treatment which she had experi-
enced, communicated what had occurred to her mother-
in-law, and on the evening of the following day, which
was the first opportunity that offered, she informed her
husband. On the 18th of April the husband, plaintiff,
wrote to the vicar, and denounced his conduct towards
Mrs. Tolman. Mr. Johnstone, after some time, replied,
threatening to take proceedings against the husbandfor
slander. However, afterwards, some of the parishoners
took the matter up.
The first witness called was Mary Anne Tolman, the
plaintiff's wife, who was examined by Mr. Prentice
She said—l was married in 1857• I was in Mrs. Leslie's
service as a nursemaid before marriage. My husband
was a footman there. In April, 1858, I was living with
my father-in-law at a cottage in Hampton. No one but
my father-in-law andmy mother-in-law were in-the house
with me. My husband was living at the time with Lady
Stevens at Hampton Court, two miles away from me. He
was in the habit, however, of seeing me on Sunday
afternoons. The defendant is vicar of Hampton ; and
before the sth of April, 1858, I knew he was the
vicar, for it was he who married me. I was confined
on the 9th of March ; on the sth of April I was
sitting in my bed-room, which is a small room up
stairs, looking out on to the road. The baby was in
my arms, and no one was in the room, although there
was some one at the back of the house. The door opened,
and I heard some one come up stairs. Thinking it was a
little child that was in the habit of coming to the house, I
called out to it to go back. However, Mr. Johnstone him-
self came in. The first thing he did was to ask me how

I did, and then he sat down on the chair which I had
occupied. He then stroked the baby, and said it was a
fine baby ; and asked was I sure it was not a gentle-
man's, and also was I sure it was my husband's ? I
said, " I should think so." (The witness then pro-
ceeded with her narrative of the defendant's conduct to
her on the occasion of this visit, but the details are
quite unfit for publication.) The defendant tried to put
his hand on my bosom, but I pushed his hand away. He
likewise tried to pull up my clothes, and to kiss me.
Some one coming up stairs, the defendant, after looking
out of the window, went away. It was between two
and three in the afternoon when he came to the house.
Five minutes after Mr. Johnston went away, I told a
great deal of what had occurred to my mother-in-law,
and on the next evening I informed my husband. I was
unwell for two or three days after Mr. Johnstone called,
and it was in consequence of his conduct. In 1858 I
was examined before four or five gentlemen, but I had
no legal adviser.
Cross-examined by Mr. Serjeant Ballantine —I was
seated upon a chair with my back to the fire the whole
time Mr. Johnstone was in the room. He was sitting
in one chair and I in another. I continued sitting
after he attempted to put his hand up my clothes. I
was not well enough to stand up. I did not tell my
husband all that Mr. Johnstone said or did. There are
people of the name of Walton who keep a school at
Hampton. After my husband wrote to the vicar Mrs.
Walton called upon me. She called upon me to know
if the story about the vicar was true. I do not know
whether the Waltons supply funds for carrying on this
action. A gentleman supplies them, but Ido not know
his name. Mr. Johnstone never cautioned me against
committing the same sin again. I did not say when he
twitted me with my conduct, " Oh, it is quite a fashion-
able thing to do as I have done. I have done no worse
than what my betters have done," at the same tirse
referring to two notable instances in the neighbourhood.
George Moon, tailor, examined.—Lives opposite the
Tolmans. Knows the defendant. Saw him enter Tol-
man's cottage on the sth of April, 1858. He did not
knock before going in. He remained inside a quarter
of an hour and upwards.

George Tolman, the plaintiff, examined.—l am in
service with Lady Stevens, at Hampton Court. Saw
my wife one or two days after the sth of April, 1858.
I wrote to Mr. Johnstone on the 18th of April, but I
mentioned what occurred between him and my wife to
others previously. (The plaintiff's letter to the defen-
dant was here put in and read. It complained of the
defendant having called upon his wife and making use
of very improper language towards her ; it begged the
defendant would not do so again, and ended by expres-
sing the writer's surprise that a person in the situation
of the defendant could give utterance to such disgusting
conversation, and hoping that it would not be repeated,
otherwise the writer would be under the necessity of
exposing the defendant.)
Examination coutinued—l received no answer to that
letter, but I received one front the defendant on the sth
of May.
The letter was as follows :
" George Tolman, I understand you are continuing to
circulate calumnies against me for the manner in which
I reproved your wife. As you may not be aware of it,
let me inform you you are running the risk of being in-
dicted for a conspiracy. At the same time, as your
spiritual master, let me recommend you to study the
epistle of St. James, and more especially chap. 1, verses
1, 14, 15, 27." (Laughter)
Witness answered the letter. He reminded the de-
fendant that he had not denied that he paid a visit to
the plaintiff's wife, and he made use of very disgusting
language to her. The defendant might proceed with his
threat against the plaintiff, for the same law was open
to both. The fact of their. child having been conceived
before they were married was no one's business but his
and his wife's, and at all events it showed that he (the
plaintiff) had acted an honourable part on his side. He
recommended the defendant to study his Bible, and espe-
cially the Tenth Commandment, as he thought the de-
fendant needed a little advice. This letter was signed,
"your Well-wisher, George Tolman."
Examination continued.—ln 1859 I was bound over
to keep the peace, because I told the defendant he was
a low disgusting blackguard. I met him' twenty times
over and told him so, and then he had me bound over.
After that I brought an action against him in the county
court, but it was removed into this court. . .
Cross-examined.—My wife told me that defendant
had tried to pull up her petticoats. I was very busy
for some time, and bore the matter as best I might.
ary Anne Tolman, the plaintiff's mother, was then
called. She is an old woman, and se deaf that she
could not hear a word that was addressed to her by
the counsel or by the crier. The few questions put to
her were addressed through her son, the plaintiff. She
said her daughter-in-law complained to her of the de-
fendant as soon as she came down stairs, and that she
felt very faint after he had left her.
This closed the plaintiff's case.
Mr. Serjeant Ballantine then addressed the jury on
behalf of the defendant. He commenced by informing
them that the defendant was married to a young wife,
and was the father of several children. Until this
matter had been raised up against him he had lived in
honour and respect amidst his neighbours. Tortured
by the rumours which were rife throughout the parish,
the defendant had invited inquiry. Inquiry accordingly
took place, by order of the bishop, before four or five
clergymen, and a written statement from the accused
parties was produced before them. As the result of
the investigation, the bishop did not deem it necessary
to interfere with Mr. Johnstone's retention of the
vicarage. However, afterwards, in consequence of cer-
tain parties in the parish being dissatisfied with the
inquiry, a body of seven or eight gentlemen connected
with the parish were appointed to conduct a second
investigation, with viva yore examination of the witnesses.
Again was a report made to the bishop, and the defendant
still remained free from imputation. However, parties in
the back ground pressed the matter on, and the result
was the investigation of to-day. Mr. Johnston had offici-
ated as clergyman for thirty years, of which he bad spent
14 or 15 in the parish of Hampton. Rightly or wrongly
it was Mr. Johnstone's practice to reprove members of
his congregation whom he found openly transgressing,
and there was no doubt that he mildly remonstrated
with this young woman, on whom he waited, and whom
he expected to find with her mother-in-law. Having
made this mild remonstrance, she laughed at him, and
justified her conduct by saying her betters did as much,
at the same time referring to two notable instances in
the neighbourhood. Mr, Johnstone heard nothing of

the charge untilthnietter of_the 18th.
..,,Now, he would
remind the jury that no action could lie for the mere
use of inde'cent words. Yet in the letter of the 18th
the husband pade no allusion whatever to the fact of
Mr. Johnsione's having tried to put his hand on his
wife's bosom, or on his trying to pull up her. clothes.
The defendant ,consulted Mr.; Kent, the' vestry cleric,
and he having called upon Mrs. Tolman to speak to her
about the affair, and to elicit, if possible, the truth,
found she treated the whole matter with levity, and,
although she imputed to the defendant the use of
indelicate language, she never uttered a word about the
assaults. .

The Rev. Miami Johnstone, the defendant, was then
called. He have been a clergyman for 30 years,
although I have been doing parochial work for only 15
years. lam 57 years of age. I married 11 years ago,
and my wife was then just turned 19. I have had six..
children, and ray last was born a year in December. I
was appointed vicar of Hampton in 1844. I knew
_nothing of tha plaintiff's wife before her marriage.
When she came to me to be churched the clerk directed
my attention to her marriage having preceded the birth
of the child by so short a time. I consequence of that
r called upon Mrs. Tolman. I enquired amongst the
neighbours 'where she lived. When I got to the house
tapped at the door. The child cried, and, having
opened the door, I followed the noise. of the crying
child.. The noise :took me to her chamber door, and
having knocked there again a voice said " Come
in." She was. sitting down, with the child in her
arms. I remarked the child was a fine one, and I
added, "I hope it is your husband's." She answered,
in a joking tone, " I suppose so." I was nettled at her
seeming levity. I stated I called upon her in conse-
quence of her having come to be churched so much
before her time. "Oh," said she, "that is quite for-
tunate.". I answered, "Indeed, it is too true." She
then instanced two cases. Whereupon I said to her
somewhat sharply, "The very prevalence of this sin
makes it the more incumbent upon you to be guarded
and cateful in your conduct." I reminded her she was
churched only the day before, and of the duty which
that solemn office imposed upon her. I pointed out to
her that having once fallen it was the more easy for her
to fall again. I then rose from my chair and went .to-
towards the window. Hearing persons moving in the
house I wished her good morning and took my
depatture. •
The witness then categorically denied each detail of
the indecent conversation he was alleged to have
addressed to the plaintiff's wife, as well as all the
indelicate acts he was said to have been guilty of.
Cross-examined by Mr. Huddleston—l took my
degree 'at Dublin University. I have not represented
myself as having taken honours at Cambridge or a
degree at Cambridge in 1834. This is the first time I
have ever had a charge of this kind made against me.
Mr. Huddleston—Was there a charge against you
with respect to a person named Caroline Wells, and
also With respect to a woman named Sophia Mann ?
Witness.—l was charged with using indecent words
to Sophia Mann. (The witness then categorically denied
having uttered several indecencies charged against him
to Sophia Mann.) I did not show her indecent pictures.
She came to me fora character in order that she might
marry a soldier, and as .I knew she had had two illegiti-
mate children I refused her one. I reprimanded her,
likewise, and she made a charge against- me through
spite. I once officiated for the Rev. 'Mr. Barnard, at
Colney, in Hertfordshire. I was there for six or seven
weeks, and after I left a rumour reached me, that I was
accused of having indecently assaulted a boy named
Hasley whilst there. I learned that by a letter from
Mr. Barnard. The fact was, just as I was dressing to
go out to dine with my wife, I was stung behind by a
wasp, and I left the bedroom and went into the dining-
room without my trowser, in order that the boy Halsey,
who was an errand boy, might remove the sting with a
pair 'Of pincers, which he did. Writing to a brother
clergyman, I might have said it was in the groin the
wasp string me, but then I spoke figuratively, and was
applying an architectural term.
The defendant was then examined with respect to
charges against him of having made indecent proposals
at different times to.five boys residing at or near Hamp-
ton—naniely, John Mabey, James 'Sibley, William
Smith, George Culver, and William Masher.-
Witness—Some of the boys I have never, seen until
this day. I know that Smith and Sibley made charges
against me before the lay committee. I have taken no
. steps. to punish the boys. I am content with the
decision of the two cpmmittees. I placed myself in the
hands of the bishop. The bishop said he was satisfied
by the proceedings before the two committees. Halsey's
matter was not inquired into before the committee.
Re-examined.--I quarrelled latterly with Mr. Walton,
when he was churchwarden. He keeps a boarding-
school in the parish.
Mrs. Johnstone, the defendant's wife, was called to
say she remembered distinctly the occasion of her
husband having been stung by a wasp just befote they
went to an early dinner party one day, during their
stay at Cotley. She could not say when her husband
told her of his having been stung, but it was on the
same day it occurred.
Mr. Francis Bent, vestry clerk at Hampton, deposed
to visiting plaintiff's wife on the 29th of April on the
subject of the charges made against the vicar. She
said the affair was only a parcel of nonsense. She said
the defendant put his hand upon her knee, and that he
stroked the child, and said it was a beautiful one, but
that he hoped it was not a "gentleman's." 'Whilst
witness was with her, .the mother-in-law came in, and,
seeing him, she called out "Sir, Mr. Kent, what a funny
thing this is," and burst out laughing.

. At the conclusion of thiS witness's evidence. the
krther hearing of the case was adjourned until 'next

morning.
The further hearing was resumed on 'Wednesday
morning.
Mr. Serjeant Ballantine now proposed to offer evi-
dence as to the defendant's general character, in rebuttal
of the aspersions cast upon the defendant by the line of
cross-examination pursued on behalf of the plaintiff.
Mr. Huddlestone must object to such evidence being

Axi-
vv .

received.
The Lord Chief Justice said be should take a note of
the fact; but there really was not a shadow of a doubt
as to the propriety of rejecting it.
Mr. Serjeant Ballantine then addressed the jury,
summing up for the defence. Upon every principle he
was entitled to call for a verdict on behalf of his client..
The plaintiff in the action was no volunteer, but a mere
instrument in the hands of others who had sent him
there to fulfil their malignant purpose. Tho endeavour
was to crush the defendant, or, at least, using the lan-
guage of the churchwardens two years ago, to drive him
out of the parish. With that view the defendant had
been covered with obloquy, and the dirty stories of all
the nasty boys and debauched women of Hampton had
been raked up against him. To prove their case they
produced a groom, a groom's wife, a deaf old mother-in-
law, and a half-blind tailor.
Mr. Huddlestone—rThere is not the slightest pretence
for saying that MOOl, the tailor, is half blind. There
was not a tittle of evidence to that effect.
Mr. Serjeant Ballantine—A most important part of
the case depended upon the testimony of Mrs. Walton.
Yet Mrs. Walton was not called. Mrs. Walton and
her husband were the active agents in the matter, yet
they purposely kept in the background. What business
had Mrs. Walton at all at Tolman's house? What
business of hers was it to go about investigating the
scandals of the parish ? Kr. Kent was a most res-
pectable man, his evidence was without impeachment,
and if what he said was believed there was an end of
the case.
Mr. Haddlestonn, in reply, remarked in the outset,
that the churchwardens of Hampton had only exercised
a proper discretion in not allowing the charge against
the vicar to go ungifted. No doubt most disagreeable
reports had followed Mr. Johnstone from Colney to
Hampton, and charges were made against him which
destroyed his utility as a clergyman. Their only alter-
native, then, was -to sift the matter to the bottom. If
Mrs. Tolman's cousin was not called, that was because
she was known to be unwell—and at any rate since yes-
terday the, counsel on the other side had had an oppor-
tunity of ascertaining whether she was or not. He did
not think his learned friend had exercised a wise dis-
cretion in making a distinction between the assaults
and the disgusting language attributed to the defendant.
The preponderance of credibility was certainly in fa-
vour of the plaintiff. As for damages the question of
their amount was immaterial, the object of the plaintiff
being to vindicate the outraged honour of his wife.
The Lord Chief Justice, in charging the jury, said
that if the accusations brought against the defendant
were true, he had been guilty of conduct of no ordinary
malevolence. Uncalled-for he had forced his way, under
the cloak of administering religious admonitions,' into
the house of an absent man, and had attempted to
pollute the mind of his wife by language and conduct of
the most obscene description. It was difficult to conceive
a case which affected the members of the Church more
seriously than, this. 'lt was his duty to tell the jury that
thi4 was an action for an indecent assault ; and, there-
fore, however much they might some to the conclusion
that the defendant had compromised his character by
the use of obscene and disgusting language, if these acts
of assault were not committed, the defendant was entitled
to be acquitted. At the same time, he should add,
such assaults would in themselves be greviously aggra-
vated b.y the use of such language. There could be no
doubt as to the guilt of the defendant if they believed
the female plaintiff, but then, her evidence was
directly denied by the defendant, so that they had one
.oath against another. First, let them see what were
the probabilities of the story itself. His lordship at
great length then reviewed the evidence. Mrs. Tolman
admitted she did not inform Mr. Kent of the assaults ;
while, in addition, Mr. Kent stated she treated the
whole platter, even when pressed by him, as nonsense.
Brit, again, did not the charge derive improbability
from the very nature of the language used—laneave
6 which was only_ fit for the kennels. and the stews F, ,
the other hand, what motive could the woman have for
trumping up such a story. Undoubtedly the character
' and very existence of the defendant were at stake •
still, no feelings of sympathy ought to stand in the way
of the jury doing their duty.
After an absence of two hours, the jury having sent
word to his lordship that there was no chance of-their
agreeing, they were summoned into court, and on their
appearance, and having reiterated in public the fact of
their disunion and of there being no chance of coming
to a common conclusion, the Lord Chief Justice, with
the concurrence of the plaintiff's counsel, discharged
them. _

---ft W4O understood in court that the jai were nine
to three for an acquittal.

OXFORD APPRECIATION OF OUR
PUBLIC MEN.- ' -

HUMOku us SCENE.

`Wednesday was commemoration day at Oxford Uni-
versity. - The usual fun was indulged on assembling in
the theatre. Obnoxious individuals wild forgot to
remove their hats were assailed with the accustomed
objurgations, and the political and other opinions of the
under-graduate body were expressed with the freedom
common on such occasions. Frequent cheers were
given for the Queen, the Prince of 'Wales, Lord Derby,
the Bishop of Oxford, Lord Palmerston, the Proctors
(late and present), the " Dons," the ladies, &c. Three
groans followed the names of the Pope, the King
of Naples, the Emperor, Lord John Russell, and the
Radicals. "The present Ministry" raised a long
and close struggle between groans and cheers, as did
" The Bishop of London" and "The Times newspaper."
Mr. Gladstone's name, frequently given, was always
.quarrelled over, and seemed distasteful to the gene-
rality. Cheers were given fer Bryan King, the Bishop
of Exeter, the Bishop of St. Andrew's, the Public
Orator, Charles Kingsley, Tom Brown's ,School-days, &c.
" Cambridge University " was also heartily cheered,
as were " Public Schools," while "Private Schools "
fell flat, and were cheered by scarcely half a dozen
voices. - The "Penny Press" elicited ems mixed with
laughter ; while a storm of disapprobation greeted " The
Record," which appeared to have scarcely a friend in
the building. A few cries, supposed to be facetious,
were given—as "The ladies in pink," " The ladies in
blue," "The ladies under 21," "The young ladies,"
"The old ladies," "The ladies with bouquets ;" and
—again one, \ilia was peculiarly
.effective, " Three
cheers for everybody except John Bright !"
At nearly 11 o'clock the great doors were thrown
open, and the procession entered the theatre. The Prince
of Wales, by virtue of his rank, took precedence, being
followed by the Vice-Chancellor, after whom came the
heads of }louses and other doctors of the different
faculties. The honorary degree of D.C.L. was con-
ferred upon his Excellency Count Platen (the Swedish
Ambassador); upon Lord Brougham, 'who was received
with great applause, which he acknowledird by
repeated bows ; upon Count Strzelecki, upon Sir R.
Bethell, Sir F. L. M'Clintock, and the American
writer, Mr. J. Lothrop Mottley. Sir F. M'Clintock was
evidently, in the eyes of the undergraduates, the he o
of the day, and a perfect tempest of applause greead
him as he received- his degree. Great cheering also
followed the conferring of an honorary M.A. degree on
the Rev. J. P. Harris, chaplain at Lucknow during the
late siege. Three cheers were given for the Prince of
Wales, who graciously acknowledged them.

JAMES STEWART AND 00.,
OFFER THEIR CELEBRATED
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ARTIFICIAL TEETH, GUMS, AND PALATES_
PROTECTED BY HER MAJESTY'S ROYAL LITTERS PAT TNT.
MESSRS. GABRIEL,
DENTISTS,
frig'-' 134; DUKE-STREET, LIVERPOOL,
Opposite Berry-street :
rar 33. LUDGATE-HILL
LONDON Wzar-END BRANCH,
ter' 110, REGENT-STREET.
Observe Numbers particularly.
ESTATILISKED 1815.—Sas DIPLOMA.

TEETH, THEIR LOSS.
And as now restored, on the new principle of self-adhesion
and capillary attraction combined, by means of a soft flex-
ible lining, with coaimrx ovm-ootounxu ii,oli,..,,usimu
in lieu of bone or gold, without springs or wire, and with-
and ma
out any operation; THEY ARE WARRA:NTRD plaLlt, WRULE-
SOME, AND ENTIRELY FREE FRoli SIEELL; they are easy
affectedy.
and comfortable upon the most sensitive gums,
Tbehew
ionruatefroiralmsaunsyedyeaarres wofitthhoeubtebsetinqugaign.Yti,waY
....e workman-
ship of the first order, and are supplied at less than half
the ordinary cost.
New Edition, Just viblisLed.
.4_,pahriers Treatise is of importance to all !Mitring the
dentist's aid, and, emanating &pm such a itmky be
confidently relied on."—United 8 ice source,(casette.
--
fearing the auticipated tor dread'
,' Thousands requiring artificial teeth are deterred from,
consulting a dentist,
of failure. To all such 'we say,
—tivil Service Gazette. Peruse GabrieT'ss treatise."'
Published by Messrs. Gabriel (gratis on application, or•
sent on receipt of thret Postage stamps), age stamps), at their EstAbUan—
menus.
REQUISITE FOR A
FROM COUNTRY PATIENTSONE VISIT ONLY'
PLETE SET. SINGLE' TOOTH (OR COM-
PLETE
WHITE ENAMEL CEMENT, the only Per—
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retains its colour
(ss. per uacket).
PREPARED WHITE GUTTA PERCHA, the best s...bp—
ping for Decayed Teeth or Toothache. This invaluable.
stopping is placed in the cavity, when perfectly- soft,,
becomes hard as the tooth itself ten minutes afterinsex:—
tioa, and renders the decayed
and itectulu
6d. per c ,
mastication. Is. Box, or sent on recciatt2t`+stamps.member sound
The ROYAL TOOTH POWDER, Is. 6d. per Box:.
ea* The above preparations may be had from sew elmacist
in the kingdom.
Stop ing Decayed Teeth, Scaling, gx,
MESSRS. GABRIEL,
THE OLD ESTABLISHED DENTISTS%
N3s 134, DUKE-STREET, LIVE.RPOG/L
erZ— 33, LUDGATE-lIILL, -itcairi V
NT-STREET (''''''''''°—"
toe. no, REGENT-STREET, ,
Attendance daily from Ten to Six.