The Press.
London, England, 1853-11-12 00:00:00

gatu anb VoLitt.

Iv TIIC Vicc iNcrti.ou's On Tuesday.
judgment was given in a ease argued at great length
last term, and possessing considerable interest to the
Methodist %Indy. The eniPie is known as that of
" The Attorney .6eneral v. Clapham," and the 1,111.4.
lion at issue relates to the effect of a deed executed
a eentury ago, regarding the nomination of preachers
at Birsthall, in the county of York. About seventy
veers ago tie same question was stirred among the
iiody ; but during the time of .lohn Wisley himself
the sense of the members themselves had silenced
all disputes. Litigation, however, hail since taken
place, which rendered it necessary to consider the
c instruction of the deed, and also some other deeds
under which land was acquired. The various 'mints
at issue may be comprised in three :—First, that the
chapel having been built at Birsthall before the deed
of September, 1711, the deed ought to affect the
trusts not contemporaneous with it, that the whole
of the trusts ought to be as if no such deed had
existed, and a scheme ought now to be directed for
the administration of the property ; secondly, not
only as to this particular chapel, lint also other
property of the body subsequently acquired. the deed
aim-, not sufficiently &clam the trusts at the time,
and if it did. es en looking nt the vicars of the
parties, there ought to he a new scheme ; and
thirdlv, the present trusts, as to the appointment of
ministers, it is alleged, are inconsistent with the con.
stituti of the Methodist hotly. The defendants
deny this, alleging that the trusts were exeented
by
parties eompetent to as, so, under the devil of 1 ial ;
that the trusts are laleglialely eNttresSea in the deed
and that, whatever may he the construction of the
trust deed, the trusts ought to be carried out, he.
cause, at the time the chapel was founded, though
the general society established 10. Wesley constituted
one joint hotly of Nlethoilists, nevertheless the local
govennuent was always left to every patiicular
society, and therefore it was consistent with the oh.
jests of the trust to leave the local management to
them, including the arpojatiacat of iirenchen on
these points Sir W. P. Wood now pronounced judg.

Meat
Vint, ‘`‘ to tha Chapel at itirs, hall 1 110 not agree M iih the
relators that the trtt.t% cannot I declared by a 'teed e•retttell
after the foundation or the digett. I thud: then eau but the
trUtitil IttUit tit all the,e ce*e*, t.e lit•t'eltailiol 11. tile k‘ss ef the

THE PRESS.

bounders at the time ; but it would be carryiug that principle too
far if, in a are like this, where persons subscribe and build a
and a deed is executed nearly contemporaneously with
the erection of the building, if the parties legally entrusted with
the property, ha% tug also power to declare the will of the parties
—I say it would be a dangerous rule in stn.li a ease to lay down
that a declaration of trust is not v slid, especially after a lapse of
list years. 'therefore, if the deed clearly expresses the trusts,
and those trusts are consistent with the scope of the view* of
the parties, it is good. 'the question then is, whether, on the
face of the deed, the trusts are expressed clearly and intelligibly
without looking to the surrounding circumstances. N-iw, no one
could, by reading the deed, arrive at a elear notion of its pur-
po.es ; and therefore it is necessary to look to external dream-
smilers. The deed speaks of preachers and of the preaching
and expounding of God's word ; and. to see what was meant by
this, we must hook at the surrounding circumstances. Now, look
at Dr. Warren's case, and the exact history of the founders of
the charity in question; and, looking at this, I have come to the
coticlusion, first, that the charity was founded by persons origin-
ally 1 ght together by the ministrations of John Nelson, who,
same eight or owe years previous to the foundation of it, had
ass..ciatetl themselves with the larger society of Wesley, and
known sines bis time as Methodists. John Wesley Lad so far
organised the body that they were divided into classes, cachalots
having a leader chosen by themselves. The classes were IWO.
ended into societies, of winch there was one at Birrithall, ga-
thered by Nelson. The societies were organised by Wesley, and
associated in circuits; and the habit of Weslev was to send
down, with the advice 4 a cumber of persona eified the Con.
ference, certain preachers to itinerate in these circuits; and they
alone officiated as ter* distinguished from the local
preachers. The Birsthall circuit had preachers, and Joint Nelsen
himself went circuit as a preacher. None of the local preachers
had residences, but were persons who, along with their usual
trades and employments, took upon themselves the office of ex-
p. ling, but they were no put of the machinery by which spi-
ritual iniuistratious were made to circulate.
His honour proceeded to trace the history and sta-
tistics of the Methodist body, their practice, and the
various transactions connected with them, down to
the present time, and cited the chronological history
the Methodists, front various letters and papers,
in illustration of his meaning, referring to various
regulations of the body—such as in March, 1142, the
ticket system, which was established as a title to
membership ; and, after reviewing the whole case, he
thought the right to appoint the preachers rested
with the Conference, and not the trustees of the
chapel, but he refused to remove the present trustees.
IN THE QUEEN'S lils.ctt a case bad been proposed
for the opinion of the Court, between two clergymen,
the Rev. Messrs. Bartlett and Kerwood, regarding
the validity of a sequestration. The plaintiff was
the perpetual curate of a parish in Herefordshire. to
which parish the defendant hail been appointed
upon a sequestration being issued against the plaintiff
for non-residence. In Decemher, 1546, the Bishop
of Hereford had issued a monition calling upon the
plaintiff to reside upon his benefice, or to make a
return showing why he refused to do so. On the
25th of January, 1511", the plaintiff made such re-
turn, stating—tirst, that there was no house of re-
sidence belonging to the curacy ; and, secondly, that
he had a legal cause for non-residence. These reasons
were unsatisfactory to the bishop, who caused to be
served upon the plaintiff an order to reside within
thirty days. In the course of April plaintiff made an
affidavit stating that he was proceeding to prosecute
writ of error to reverse the order. On the 1; th of
May, however, he was served with the writ of se-
questration. The question now raised was, whether
that writ of sequestrat was valid :
Mr. %memo. t. 11411 NELL, on the part of the pitchout now coo.
tended that the writ was invalid, • has ii.ltiliftkiWit notice
110.1 'been tier% ed on the plc. I. and he had not had an opportu-
nity of show 111;.! rlllll4` whir the writ ought not to have issued.
Mr. Kit ris.;, for tile ilefendant, contended that the plaintiff
had MI sufficient reason for non-residence, and that he had en
ippon 'y of answering, and had, irt fact, answered Noll the
munition, the order to ressim, and the sequestration. Ile also
submitted that the plaintiff could mit complain of the Invalidity
of the sequestration, as he had admitted its validity by appealing
to the Archbishop of Canterbury.
Lord C 041'11E1,1. wall of opinion that the defendant was entitled
to 'Ointment. lie concurred in the decision of the Court of Ex-
chequer Cluulier, that before a sequestration issued a party
must have an optiortnuity of being heard against it. But, at the
110111.• time, he concurred in the opinion that the bishop was not
bound to proceed to hear charges with the same formalities as
were *lolled in proceedings before courts of law. No greater
degree of (ono was requisite than was sufficient to justify the re-
um% id of the piuly. In this case at every stage of the precetsi•
Jag: the incumbent had not out) had an opportimity.but had cue
lowed the opportunity, of being heard. Ile therefore thought
that the sequestrati tttt Itsit been well issued.
Justiees Coleridge and Erie being of the game
opinion. judgment was given for the defendant.

tit A I' AAA KIS I).tv furnished abundant employment
for the metropolitan pa.lice magistrates, who were
called upon on Monday to investigate numerous
offences against tho law by letting off fireworks,
alarming passengers, dnuikenness, or resisting the
polity in every llistriet of London. Numerous tines,
%ming from one shilling to forty, according to the
gravity of the ease, were inflicted. At the Mansion.
house, one gross but respeetably•dressed offender,
who bad assisted in rescuing a friend from the city
constables. was sent to prison for twenty one days, a
peemiary mulct being refused by Alderman Carden.
Some of the "tittys- had also turned their hands to
petty larcenies, resulting in the committal of one
urchin for trial train the Southwark court.
A PRIVATE IN THE ARTILLERY named iiihnour,
was brought up at lUlarlborough street office on a
charge of having surreptitiously worked the
billet-
ing system" for his private ends :
t liesbeth tAmadei, daughter of Jute I Amaer,
inalkt to Tettcubstu-ceurtreatt, 'aid the isrhencr %awe w the

SATURDAY,

bar and ofiered what appeared to be a billet fur two soldiers, to
be billeted in the hon.+e for seven nights. lie told her the billet
WWI quite correct. Witness asked how much he could get a 1,,,t
fur out cif the house. He replied ed. and witness, believing the
billet to be genuine. gave hint tie. 4d., which was the presumed
charge fur two bete at bul. per bed for seven nights. The pri•
rosier signed a receipt for the money on the back of the billet
tireeu, billeting•scrgeant at the Albany barrack., said
the billet in question *Ms not in his handwriting.
The prisoner was remanded.

:Auittnts ant Ohm.

THE ANNIrLItsARY 01 " tgUNPOWDER PLOT" seldom
passes at oxford without a gown and town row.
On Saturday evening the loud cry of " Gown, gown:"
'town. town :" soon caused the principal streets to
be paraded by large numbers of undergraduates and
townsmen. The latter, in consequence of its being
Saturday night, mustered more numerously than
usual. Considerable fighting took place between the
parties ; the town, being superior in numbers, had
somewhat the best of it. Besides a large amount or
bloody noses, and frontispieces being otherwise dis-
figured, nothing serious is said to have resulted. Or e
unfortunate Wight. belonging to Worcester College.
was moat severely treated, and, but for the interferen, e
of a few townsmen, who protected hint from the mol
serious consequences would no doubt have been the
result. One of his companions Intl shelter in the
shop of Mr. Cousins, chemist and druggist ; for which
act of kindness the "town" retaliated by breaking
the windows, injuring the front of the shop, as well
as by destroying several show-glasses, .t c. The proc-
tors and police, after considerable trouble, cleared
the streets of the undergraduates. by ordering them
to their respective colleges and halls.
Mu. BARIN(...s FAMOI's PICIt RE GALLERY in
Grosvenor-street narrowly escaped destruction by
fire a few days since. As it is, some considerable
damage has been sustained. A servant, it seem.,
carelessly left a light in a position where the flame
caught the draperies of a couch. Before the tire wrs
discovered and extinguished nearly all the furniture
in the apartment was burnt, and the heat seriously
blistered the paintings left upon the walls. Fortu-
nately the most valuable works of the Italian, Spa-
nish, and Flemish schools had been removed, and
were packed in a corner almost out of harni.s way.
Those that are injured consist chiefly of works by
living artists, of which some valuable specimens are
destroyed. The contents of the gallery are insured
for 30,000/., and are valued at ten times that
amount.
A REMARKABLE CASE OF POISONIM: By s ibENT
has occured at Bristol. Joseph Russell, a young
man in business at Chard. in Somereetshire, visited
his brother in Bristol, and at dinner partook of some
scrapings from a root which the servant had dug up
in the garden, believing it to be horseradish. Atte) -
wards he was seized with giddiness, and in spite of
medical aid died in a few hours from the effects of a
narcotic poison. Subsequent examination showed
that the root in question was aconite or monkshood.
The brother also ate some, but has recovered.
ANoTHER FlitEiroßK MANUFAcToItV ii ‘s EXPLODED
AT Exam:. The men at Messrs. Osborn's factory
were employed in preparing some fireworks for a
wholesale order, when two boys, who were filling
rockets, commenced throwing a few grains of gun-
powder into the jet of the gaslight. This reached
the explosive material lying about the room, and a
terrific explosion was the immediate result. The
two boys and the foreman were blown with great
violence a distance of nearly twenty feet. The latter
was very much scorched, and the two boys were
carried through the passage and out of the window,
from whence they fell through the skylight into the
kitchen below ; but, strange to say, only one of them
was hurt, having been badly burnt and bruised, and
his left arm broken. The tire raged for upwards of
an hour. and was not subdued 'until Messrs. Osborn's
premises were completely gutted. The loss of the
stock is estimated at upwards of I,OMf.
THE INQuEsT nEsrEcTINO THE BURNTIAM MURPEIt
was resumed and concluded on Tuesday. A pro-
tracted investigation resulted in the committal of
Hatt°. the groom, on the charge of " Wilful Murder."
't he evidence was entirely circumstantial ; bat a
multitude of minute incidents were brought together
in the evidence which constituted a strong case of
suspicion against him. At first no idea was enter-
tained of his complicity in the crime; but the atten-
tion of the keen anti experienced police officer. en-
trusted with the case was first directed towards him
by the bravado of his demeanour in overacting, as
they fancied, the character of an innocent man.
A YouNte WoMAN, who had been deserted by a
heartless betrayer, committed suicide at St. 3lonance,
Fifeshire, yesterday week. While the other inmates
of the house were asleep she quietly left the dwelling
and cast herself from the neighbouring rocks into
the see.
AT THE MANcIiEsTER POLICE Col-ItT, on Monday
morning, a man named Lawson was charged with
having ferociously stabbed Edward Clarke. The
two men, who were drinking at a beer-boucle en

NOVEMBER 12,1853.

Saturday night, quarrelled and fought. During the
conflict a woman SaW Lawson pull out a knife, and
tried to prevent him using it he opened it with his
teeth, however, pushed her ou one side, and dashed
at Clarke, whom he stabbed in several places. The
wounded man was taken to the infirmary, where he
lies without any hope of recovery. Lawson was re•
mended to await the issue.
THE public loss through the acts of fifteen pick-
pockets, whose careers have been traeed by the Rev.
Mr. Clay, chaplain of Preston gaol, amounts to no
less than 25,000/. For 751. per annum, during three
or four years, these culprits, says Mr. Clay, could have
been trained in an industrial school, and many of
them doubtless sent forth into the world as honest
and productive members of society.