The Express.
London, England, 1852-04-08 00:00:00

MILITARY.

..... - •
CAVALllT.—Yesterdny the brigade of
household cavalry moved as foLows Life Guards,
from Regent's-park to Ilyde-park ; 2nd ditto, from Ilyde
Park to NVindsor ; Royal horse Guards, from Windsor to
Regent's-park.

DEPARTURE OF TIIE ARCTIC AND TIIE SARAH
SANDS STEAN•SHIEN FUR NEW YORK.-At half put one
yesterday afternoon, the United Status mail steam-ship
Arctic, and the strew-steamer Sarah Sands, kit the Mersey
(or New York direct, the former having on board the mule
for the United States and the British American provinces,
and the latter having a full cargo and a considerable num-
ber of passengers. A new feature in the passenger trade of
steam-ships was commenced with this voyage of the Sarah
Sands, consisting of taking out second clue passengers at
61. each, including provisions for the voyage, which are to
be served out to the passengers in a cooked state.
EXPENSES ON LUNACY COMMIRBIONtI. Lord
Lyndhurst's bill to diminish the expenses of proceedings
under commissions of lunacy has Just been printed by order
of the House of Lords. With a view to lessen the expense. of
administering the estates of lunatics, it is proposed to ex-
tend the provisions of the act & 6 Viet., cap. 84. The
Masters in Lunacy are to be authorised by this toill to make
orders respecting the persons and property of lunatics, in-
stead of the expenses of proceedings before the Lord Chan-
cellor. The Lord Chancellor is to make rules, and any
special matter is to be submitted to him.
OUTRAGE ItY POI.IcEMEN. —At the Liverpool
Police Court, yesterday. two police constables were sus•
pended from their duties, in eon/sequence of a violent out-
rage committed en Thomas Wilkinson, on Sunday night
last. One of t►e constables, mistaking the man for some
other person, at first knoesed hint down, and having got
another to assist hint, they continued their violence until
Ithe poor fellow was covered with !timid, his knee broken,
and he was compelled to lee removed to the hospital. Mr.
I Mansfield strongly censured the violent conduct of the
officers, who in all probability will be dismissed the
force. . _ -

THE SIIIPWRMIITS' STRIKE.—The strike of the
shipwrights belonging to they rdn at Hylton on-the-Wear
terminated on Saturday, haying lasted 20 weeks. The
maters and nun have come to a compromise— the men to
withdraw their obnoxious rule prohibiting more than one
borer being employed in a y.trd, the masters r
that in this department they will give the
aged shipwrights. As the men might
employment during the whole of the pet ,62
as
..?
fearful amount of money h been waste
concede the principal point in dispute at t ' ,' . .
• -. " r tli
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Latin intelligence.

THE REV. R. WIIISTON r. THE DEAN
AND CHAPTER OF ROCHESTER.
TRIKD DAT.

Ife,brday Mr. Aillist;nl agat--:n resumed his are
▪ bef..re the Bishop of Itochester, with whom Mr. Baron
Parke and Dr. Legiington, the chancellor of the diocese.
act r araires. The dean and chapter were represented by
Dr. Addams and Mr. Cowling.
Mr. Whiston observed that yesterday he had conclusively
proved that the gravies delactuut of statute 3.5, under which
he had been dismissed, meant a very aggravated case of ina•
morality, or, as Mr. Cowling, in the case which had
sent his (Mr. Whiston) hither, had translated it, "•erinse
of a blacker dye." Ile now submitted that, even if the
publication of his pamphlet were a graviur delicturn, he was
not one of the alii rainistri contemplated by the founder.
The onus prohandi in both eases rested entirely with the
dean and chapter. but the rev. gentleman entered upon an
elaborate examination of the statute*, from which he con-
tended that the word mini.tri referred more particularly to
the dean, minor canons, and clerks ; and that wherever the
statutes meant to include the other often, the words ceteri
or outer et singuli were added. Ni;, more, when it waa
to refer to the schoolmaster, he was even in-
serted name. Surely the founder would never
have aced such a roundabout mode of expression
as ministri in clitoris, puerorum iuformatorm, at
inferiores soinistro," if such a compendious phrase as "alit
manistri " would have included all. The fact was them alit
nunistri were the menial.; and to confound alii with eeteri
would he just as if, when they intended to pay a compli-
ment to a gentleman, they added to his name and title, in-
stead of the " etc., etc.,- the " Newstate Calendar " phrase
of " alias, slim." (A laugh.) Again, by the statutes, them
slit asinistri were ordered to be dismissed by the dean by
whom they were appointed, and not by the d-an and chap-
ter by whom the higher members of the establishment were
elected. Mr. Whist on then quoted a gteat number of cor-
responding phrases from the University statutes. Besides
all this. there was an eapre.. provision fur the removal of
the schoolmaster in statute _'6—" Ue pueris grammaticis
et cornea informatoribus," and the court were aware of the
legal maxim, '• expres.io union, ezclusio alterius." That
statute prosodist tine his removal for negligence, or for unfit-
mem for hi. 0111,e, t t which a gravies dictum would evv
taint; amount. Mor:over, the bead-master took recce-
dance of the minor cations. Ile walked before them in the
procession; and, by statute 3d, he was ordered to sit in the
neat seat above them in the choir, and the noel...master in
that below them. B. side, the statutable allowance of the
heasl-master was larger than that of the minor canons. Ile
was to have Id'. 13.. Id.. the minor canons 101. each, and
the lay clerks W. There was another circumstance which he
might mention. Ile (Mr. Whiaton) still retained his place
in the choir, and the chapter had given the new master
whom they had appointed one of their own stalls, thus
placing him on equality with themselves. Ile (Mr. Whim-
ton) contended that the statute spoke of the officers in •
descending scale, commencing with the minor canons, and
that, therefore. it was not meant to apply to him.
Mr. Baron Parke asked what power ot punishment there
was with respect to the head schoolmaster.
Mr. Whiston +aid th it by the statute de visitations the
bishop, every three year., waa to hold a sisitation, at which
all the members of the establishment were sworn to disclose
everything touching the state, solvantare, and honour of
the church, and then the bishop had the power of punish-
ing all delioquents.
Mr. Baron Parke said that this construction of the sta-
tutes would allow the head master, whatever might have
bin his ulrenets, to hold his office until the next triennial
yisitatiou.

" That no pence was by the law of the land dismissible from
an office not holden at discretion for words spoken or
wiitten, excepting they were of a criminal character, unless
by the special ordinance of the creator of the office." The
first case the hon. gentleman quoted is support of this
pronoeition was the well-known amusing one of Bagge, re-
corded in Coke, Part VI., in which the plaintiff hal been
removed front his office by the Mayor of Pl> mouth, in 1610.
Bagge seemed to have beeu a very turbulent fellow, and to
have abused the mayor very grossly, notwithstanding_ his
oath " reverentiam prestare " towards his worship. Thus
on one occasion, before the said mayor and many other in-
' habitants, Beggs " contemptuose et scurriliter, tam tics-
' tank quasi verbis se emit ergs prosfalum?dajorens, et one'
aliquil rationabili causil, palam et publice dizit et props-
titbit prelate Msjori—' You are some Prince, are you ?' "
' On other occasions it was stated, with the sane gravity of
' circumstance, that he called the mayor " • cozening
heave," and " an insolent fellow." Bagge was thereupon
admonished by the said mayor " mitlasimis verbia " to de-
sist, but he nevertheless continued to behave in the same
" more inhuman* et incivili." It was after a great num-
ber of warnings Bagge was removed, and he (Mr. Whiston)
could not foebear remarking, that the mayor and
burgesses of Plymodth, in 1610, showed much more
extra forbearance and gouil sense, and much less of anger
and unchristian vindictiveness, than the very rev. the
dean, sad the revs. the canons of Rochester in 1849. This
by the way. What he quoted the case for was, to show by
it what was the common law of the land its such matters,
and that was briefly declared in the first clause of the judg-
ment of the upper court in this cue—" super tots maters
et es cassia pnrilictie "—it was resolved by the Court that
there was no just CALM' to remove him. That judgment
had been overruled—it was still the law, and the
law, too, of more arbitrary times than ours—and would
the court, is the face of it, say that there was
"no just cause " for removing Bagge, but that there was
a jive cause for removing him (Mr. Whiston) ? lie could
not believe it—for another part of the judgment declared
that " words of contempt, or contra bonus mores, although
they he against the chief officer or his brother, sre good
causes to punish a man, or to commit him until he has found
good sureties fur his good behaviour, but not to disfranchise
him." This was, in free the same doctrine as that taught
by the collegiate statutes, " that contempt was to be
punished by a temporary withdrawal of comment" The
rev. gentlemen also quoted the cases of " Rex v. the City
of London " (Ler. 2, p. 200), and the " Queen v. Rogers
(Salkeld, 424), and that of " Bentley" (1 Strange, p. 567, and
Lord Raymond. 10314 The last case was as academical
one, and therefore morn relevant than the others. In it
the same charges of applying opprobriums terms against cul-
kgiste dignitaries and his brethren in the ministry, and
superiors in age and station, as made against him, was
urged against Bentley ; and that the punishment was a de-
privation of dignitit s originally conferred upon him by the
depriving power. Bentley was sued also for the return of
moneys which he had illegally exacted, and there was no
provocation for the opprobrious language he applied to the
summoning officer. But nevertheless Bentley was restored ;
the law (or which he (Nlr.Whiston) contended was affirmed ;
and the remark' of the judges proved so fully the truth
of his proposition, that he would quote them at length :
" Chief Justice l'ratt said—' As to Bentley's behaviour, I
must say it was very indecent, and if he bad said as much
of our process we would have laid him by the heels fur it
—(a laugh)—when he said the Vice-Chancellor smite egit
(played the fool), it was what be might have been bound
over to his good behaviour for; but I believe it is also es-
tablished that such a behaviour will not warrant a suspen-
sion or deprivation. The Viec-Chancellor's authority ought
to be supported for the sake of keeping peace within the
University, but then he must act according to law, which
I do not think he has done." " Justice Eyre said—' Every
court has a power to punish contempt to itself, but merely
for a contempt they cannot deprive—we punish our officers,
we do not turn them out. Though the Vice-Chancellor
had authority in this matter, must take care he does not
abuse his authority.' " He had now, he thought, estab-
lished all the propositions which he had undertaken to
prove, and demonstrated the truth of his assertion
that the Dean and Chapter hail unlawfully and un-
justly dismissed him in contravention of their sta-
tutes, and contrary to the law of the land. Before
he concluded, however, he mast say a word or two about
the done—of which they heard so much and seen so
li tle. (A laugh.) It was one of the charges against him
that he had made assertions without sutficieut inquiry, in
asserting that the canons had increased their dividends by
the suppressions that had been so lung practised. No such
charge, he believed, however, was made against him in
the citation. They had not maintained their boys &cooed-
lag to the statutes; but it they had maintained the 20 boys
and the four students, each at a cost of 401. a year, there
must have been nearly 1,0001. 5 year more fur them to pay,
and surely their dividends must have been diminished by
such a payment. The Lord Bishop had said that the Eccle-
siastical Commissioners had an interest in this question as a
reason why he did not interfere. Now, all their interest
lay in a vacant stall, which hail been turned over to them.
It, then, they had any interest in this question, it must
be that the income from that stall would be diminished
if a larger sum were paid on account of the maintenance of
the boys.
The Bishop of Rochester said that the &mous fund would
be diminished, but not the income of the stall.
Mr. Whiston—lf the Ecclesiastical Commissioners had
any interest, it must be because their income from the vacant
stall would be diminished, and if that were so, then of
course the income from all the other stalls would be dimi-
nished. If, however, any satisfactory explanation could be
given no one would rejoice more than he, and he should be
ready to apologise. But until they produced their accounts,
it was not competent to them to say that he was calumnious
in saying that money left for certain objects was not appro-
priated to these objects. lithe places of the bedesmen, and
the grimmer boys, and the other visitors were not filled up,
and there were any reason for that, they had no right to put
the money in donna, or anywhere else, but they ought to go
to the Court of Chancery for a scheme to apply the money
in some other way. lle did not believe that in his book
he had said positively that they had taken the mammy to
increase these dividends, but till they showed their accounts
he was justified in saying that suspicion attached to the
matter. Let them show their accounts to his lordship, and
then his lordship could judge truly whether he (Mr. Whis-
ton) ought to have been dismthed from his office. If they
did not, ought they to have dismimed him hem his office
without ilisproviag a single feet that he had alleged ?
He would, however, repeat that he bad not said that
they had suppressed their offices to add to their dividend,
and that was net charged in citation,
Dr. Lealtimben—l think the following rage it sup-
plied, in the shades. to allude to that rah eet In fact,
mstibieg bat the amerance of such eyespot 7, and the con-
sciousness of a righteous cause, with faith in the power of
it, could ham semened the persevering and single-handed
efforts which I ham mode to prevail upon the Dean and
Chapter 'any set the intention of their
foamier,' via rimy peeled et justice and equity, whisk
they ease malaieisi mist seseessiblly and advantageously,
to keep their :=:r and which they now abandon to
keep up sheir
Mr. Whetee admitted the passage bore that construction
but contended that the facts he had proved warranted it.
The Vice-Chancellor (Turner), in IslB, said that the dean
and chapter had a scheme before them with regard to the
d y.llboys, but it had
1 another occasion, Sir George Turner had said
that 401. or ha a-year was not too much for a grammar
boy's maintenance; and if his scheme was constructed on
that scale, it would involve an additional expenditure of
1,0001. He could nut, therefore, see what other motives
they could have but to add to their dividends. The rev.
gentleman then continued as follows :—lt is now mere than
four years since I first applied to the chapter, nearly three
and a half since I applied to the visitor, and nearly three
since I was dismissed. My first application was made to
vindicate what I felt to be the just and indisputable
claims of the school over which I was presiding, with
no feeling or expression of disrespect to the chapter, but
with a determination not to desist till either those olma
had been proved to he unfounded, or some disposition
was shown to concede them. My lords, I ask you, upon a
review of all the facts and correspondence, whether, before
I appealed to the visitor, I did not use every effort in the
patient endeavour to obtain justice in the gentlest manner,
and get redraw by the most peaceful means. No ono can, I
am sure, deny this: and not till I had found all else vain,
did I appeal to the visitor. From him I obtained the most
distinct promise that he would cause the appeal to be heard,
and I again, painful as it is for me to do so, remind your
lordship that, had that promise been kept—had your toed-
ship acted as the Archbishop of Canterbury did in the Del.
with cue, and as the Bishop of Chester has recently done,
without any appeal, my pamphlet would never have been
published—most certain)/ ! never should have been dismissed
for it—most assuredly I never should have been charged
with a very scandalous libel against the bishop of the dio-
cese. But unhappily, most unhappily on all accounts, your
lordship failed to do that which you had promised—
The Bishop of Rochester—That which I found 1 could
not do, as I told you. I promised in the first instance to do
that which I then supposed I could, but which I after-
t wards toned I could not, and then I referred you to the
, Court ef Chancery ; but you must not ammo me of breaking
iiirtaLbMsa—Allow me, without any disrespect to your
=to spa of the impression that the state of things
use ay mind. After your lordship bad promised
le her am sad Thad written several letters, to several of
which I remdemil no gnawers, it was natural that an impree.
dm
should be made upon my mind, certainly not of any
traimelllising character. But your lordship took no notice
of my are to withdraw my appeal, if the chapter would
male ells anything like a reasonable answer to my VIM.
Yes, losehip kept me in suspense fur more than four
mentka, am/ then referred me to a place where nobody would
Mks es p—Ste Chancery—(a laugh)—thus imposing on me
the empeasibUity of a duty to which the visitor is bound by
ths meat mired obligations, and which has iu other playa
been dissiarged by that authority. My lords, can any one
weeder that,after thus exhausting all the resources open to
me, I hit Mat it would be in vain to hope for redress in
my ether way than by an appeal to the public ? Could it
be seppead that, without public aid and sympathy, I should
Use 41111111MONii Chancery suit against the Dean and
Chapin, d seshaster,_ your lordship, and the F.eelesiestieal
0111M11111611111111116 d whkb, es year lordship said, I might
ham Men kept twenty yeses i Barely, I was under no
eimrsit an eel el melt folly, and therefore I
lw the penwhist leaked. Still, it was done in the
permit of • kilthmes eleset, and In the spirit of that ordi-
msgs a di* Mahe wide expressly orders the grammar
masker nell r seedy hM MS OM but the public advantage
—" ogee Mee see steam emmedo, aut sun indulgere
ode, gram amen pralbsiol, et panes utilitati promics."
It was net Mae it male or le stoat vindictive-
ness—sot with IMAM se Mw vin—theagit,
I WWI, with that mem* end missy which a
Wposurs: I.= smd• Mg lonsiimes whit that •
stand bp syMeMilie *Mice •

in reply, said it had been ruled that the
bishop hail die power to hold a special visitation whenever
he pleased. The rev, gentleman then proceeded to argue
his point It., namely, that the publication of his pamphlet
ma., it not coviduande,l, encouraged by the eattite de visita-
tione. By that statute he was protected in making any
statement he providing that he spoke es anima and
what he sincerely believed.
Dr. Addscas—Gut that only applies to a piesentment at
the visitation.
Mr. Whidon replied that the triennial visitations had
not been held, and the bidiop had declined to hold • special
our, otherwise lie should have made his complaint before
him at such a visitation, and he should have had no occa-
sion to publish the pamphlet, nor would he have been
subjected to the cons. quences which had followed. The
rev. gentleman's neat point was, that it the offence was
committed the sentence was invalid, because paned with.
out the accused being uttered • fair and proper hearing.
It was true that they had offered him a trial after the first
deed pill was cancelled; but how could he expect a fair
trial when the chapter in that document had solemnly
declared that be an guilty ; • hen the chapter clerk had
communicated with his (Mr. Whitton's) bmther-in-law,
and recommended him to apply for the office, and when
Mr. Roundel Palmer, their advocate before the Court of
Chancery, had simply contended that if he had lied a
trial the result would have been all the same. All, then,
that he could have expected, if he had accepted the offer
of men so committed, as the dean and chapter were, was
• mere perfunctory compliance with the statute. Who
would expect that a man who had obtained • rule for a
new trial should submit to be tried again by the same
jury, even if they were not interested parties ? In
the case of " r. Child" (the Ludlow charity ease),
in which the plaintiff was also a schoolmaster, who
had wri•ten a pamphlet, the trustees had passed • resolu-
tion for Mr. N &Ills a removal, but afterward* they did bear
hire, and then they confirmed their previous resohnica.
Lord Langdale, ie givingjudgment (the last be had ever
given), decided that Mr. ti illis had not tad proper means
of defence allowed him, and granted an injunction to restrain
the trustees from enforcing their resolution. The principle
of this decision applied with infinitely greater force to the
Rochester case ; and it rested, not upon the refinements of
legal technicalities, but upon the leges legum, the very
foundatinn of natural law. The chapter had refused to
furnish him with the accounts fur which he had applied,
to permit him to appear before them by counsel, or even to
allow a friend to be present as a witness. Acting then
upon the advice of Mr. W. D. Lewis, the eminent chancery
barrister, he attended and read a protest against theirjuris-
dation ; and the rev. gentleman proceeded to give ha ver-
sion of the interview that ensued. In doing this he came
into direct Mine with Mr. Essell, as to a question of fact,
and this, Mr. Wheaton observed, proved that he should not
have been safe to have attended alone. On the
6th of the following October, he (Mr. Whiston) wag
served with • notice, signed by Mr. Email, MO*
that the protest had been over-ruled, and suninereed IV
to attend the chapter on the following Wednesday ly the
advice, however, of Mr. Lewis, he declined to amply with
their rte meat and he now submitted that the senlitnen was
invalid, because, in the words of Lord Langdale, he bad
had no fair and proper hearing, or any opportunity of
having one.
Mr. Whiston then proceeded to the neat four proposi-
tions, namely.
" ) That the alleged offence was condoned by the re-
storation, and nu fresh offence having been committed be-
tween the time of the restoration and the second dismissal.
" (0.) That the chapter could not cancel a deed binding
themselves and their successors, in which I was • party in-
terested, without my consent.
(II.) That all their proceedings were invalid, on the
ground that they scud as judges in their own cause.
•'(I ) That all their proceedings after the first dismiasel
were invalid, on the principle, • Nemo debet his velari oh
smarm canines, et nano debet his puniri pro one delicto.' "
Mr. Baron Parke said that those propositions were un-
tenable.
Mr. Whinon complained of the hardship to which he had
bees objected. Ile had certainly been punished twice,
and the very sharp practice of the chapter in cancelling
their lint dismissal had deprived him of his remedy either
at law car In equity.
Mr. Baron Parke said that, however hard the rev. gentle-
MIN case nti:ht be, the propositions could not be main-
tained. The rat instrument of dismissal was altogether
null and veil, tad must be treated as if it bad never been.
Mr. Whitton, therefore, passed es to discuss proposition
1., whisk was • purely technical one, namely, " that the
Jew gime was net empowered hi the founder to dimaim
the schoolmaster, sad that the dela and chapter together
had se power to dismiss the schoolmaster, except what was
given by the express ordinance of the founder."
The rev. teat point was, "that the dean and
chapter had not, as they alleged in answer to his appeal,
acted conformably with their duty in dismissing him, or
been actuated by a regard to the interest of their school la
so doing." la preen* this, it would sake to remind their
{antelope that, seta public attention was called to the sub-
ject, the dem and chapter showed so little regard for their
school, that they paid their boys only Ma, instead of
21. 1 i. 441., and the second madder only W. • year ,• that
they dialled him (Mr. Whitten) after be had reined their
school from nothing to nearly 90 boys, and after he bad laid
out very an in purchaidsig sad adapting premises
for the of the boys whom the founder evidently
intended •• reselvesi, " flocking in from all qua.ten," as
said the sedentein until it might have bees like another
Ely school, which emaralead, in the time of Queen Elisa-
beth, sot fewer than AN scholars; and It surely was an
additional hardship upon him, that he should have been
discharged after baring, with • view to se desirable •
melt, purchased and adopted buildings foe the Iwo-
moulting of neck " 'flock •' of boys, which nisei be, is a
rest measure, review to him hereafter; that wean
boil ever been made against Wen for tegiect, Inerfli=r.
Malnlity—that, within ten deg after hie mood
they enetiver, leeeter, whitest adveetkeemet
• mejwity of the pram el *MB very
• thwedeliss bur, wheat the chapter said be wee utterly
malt Mese* would not, although diroolod and shwas.
deli/, Mai their tow to the new stalsr, =sthe Cheftwf
sad, they had Wetted es MOW lit dna me.
eel of theca* who did mad their buys he We maw,
ender Id. (Mr. Whim) ea abirrertag
:rat • maw he we • Melded eweridat wee
ands be the Chepter by a pima of ewe ef Mese ben the
who Aso isrrostkis Mut, onsioloi Ibis soder,
• hompleisrly to Ina woo Os puma of
—hot he Clopow, ahoy SW
eV:di=
as • moss hr Pain' as
I nvossissio Oh bat sow he hot
of tbisesophirt boos mob ass polibbod is a Met
sownpaiwo—thot. soosgs W hindells• bon chic motor
has only Most is osier Noy sad sof wore than two
of thong hoe the leollye that if ha
were drolly &mimed, bar MI My boys would
at once be tabsaway km the etbeed. Unless the chapter
disproved Ono bele end allegeftwe—and they bed net yet
diwoveil ma. of diest--he thengite the Genet would Wee
IVA him. wed ousinde Wit Me sire net, se easited,l
mod stelbosislay Tit& Wl*.
.#O, Ms. Der •
boos by s am its INV kly,:arinot Womb
of holt easel, la eYs
Ikk. 1I I I poplin ea—

THE EXPRESS, THURSDAY EVENING, APRIL 8, 1852.

end accumulated wrong, where one expels integrigy to be
most unsullied, because arrayed in the garb of rag.. and
jastice—to be most sell.denying, while enresdno the pria-
ciples of the gospel. if ever, under mob helinv, with no
hope of redress, and " judgment may 1110011 With delays," I
used expressions, or even one word, while nal:illy be called
Intemperate, must deeply do I regret it; but if I did, do 1
deserve clegrauatiun, persecution, and ruin ? I say degrade-
tWo, because although, thank God, l hold a position in end
from which no one but ore', can degrade me, yet, neverthe-
less, the Chapter have acted,' if they meant it. Imy ruin,
because, but for the help, and strength, and friends, fur
which I hive so math cause to be thankful, I might have
been, if not ruined. at least beggared ; and the Chapter have
acted as if they averst that toss. .4a fur their persecution—
" debit Deus his arm ;" and far rather would 1
have to bear eves t, alma sedan the burden of their self-
reproach—for what is am heavy to bear than evil fame
deserved ; or who can see worse day. than he who, yet liv-
ing, follows at the funeral of his own reputation ? As I have
said elsewhere, I have been supported by the consciousness,
and cheered by the happiness, of doing good. Already the
poor bete :senor Rochester, some of whom have fought
and bled for their country, till &place which has been empty
for almost a century, and receive a stipend, which domes
has received for nearly 86 years. The poor choristers of
Canterbury no longer hand over their first half year's pit-
tenet to the organist, while the lay clerks have 40/. a year
more than they used to hue. The grammar boys at Wor-
cester receive, not 3s. 10d., but V. 13.. 4d. ; the 16 boys at
Durham have newel. a year more than ever they had before;
the 24 at Chester have had their 31. 6.. Bd, each restored;
and the visitor has declared that the four exhibitors are
beaceforth to be maintained at the Universities. The old
Cathedral school at Carlisle, which dates from the seventh
century, displays new buildings, and boasts of its 70 boys;
and Ely itself, as if ashamed of its bad pre. eminence, is, as
it appears from the public prints, to be reformed and mule,
I hope, not unworthy of its dean. Nay, my lords, Ido
not even despair of the chapter clerk of Rochester him-
self yielding to the force of public opinion, and giving up
his 10s. "admission fee" to the pour boys and the bodes-
men, when I find that a Canon of Rochester, with 2,000/. •
year, no longer thinks it right to take 1001. • year more
for duties not performed by himself but by the minor
canons. Whatever then may result to myself—come what,
ensue may, " Laudabur lumen coining. nets!" But,
my lords, seriously and earn stly, is all this to count for
nothing ? Arc past services, and present usefulness, and
unvarying character to be disregarded at the bidding of
capitular vindictiveness and sacrificed to the anger of a
corporation, merely because I have exposed dents which
will not bear the light ? If so, why then the Master* of
Eton, Winchester, and Westminster may, as well as myself,
he dismissed at any moment fur writing a faithful book, if
it should not please the taste er suit tha interests of their
respective governors. But is such a principle to be en.
dined ? Nay, my lords. In the pneeut outcry for educa-
tion, while every one professes it to be the greatest of
acquired blessings, and the choicest of man's gifts, and pro-
claims its universal diffusion as the worthiest object of a
nation's solicitude, is the culling of a teacher—laborious,
anxious, ill-requited, and unhonoured as it is—to be made
withal so uncertain and dependent, that no man of spirit, or
who can get a living in any other way, would deliberately
enter upon it ? Surely, my lords, you will not lead your-
selves to this ? In the name of substantial justice, and
sitting as the representatives of a king wbo founded
churches cathedral and collegiate, " in order that youth
might be liberally trained, old ago fostered with things
necessary for living, and that liberal largesse. of alms to
the pour in Christ, offices of piety teeming over from them
might thence flow abroad tar and wide, to the glory of
Almighty God, and the common welfare and happiness of
the subjects of the realm "—my lords, I make bold to say
that my dismissal cannot be ratified unless thee* intentions
of Henry VIII. arc set at nought ; and forgive me if I con-
clude with the words of the great minister of Henry Vll.'s
address to the visitors of his foundation : " We also charge
before the Most High, as grievously as we may, the con-
sciences of the reverend fathers, the Bishops of Winchester,
and their ooramismuies whomsoever, and do exhort and im-
plore them, in the bowels of our Lord Jesus Christ, that, in
performing and executing the above office, they seek, not
their own, according to the apostle's teaching, but the things
of Jesus Christ ; and having God alone before the eye of
their minds,and setting aside all favour, fear, hatred, prayer,
or fee, colours and occasions whatsoever, do earnestly exer-
cise the (office of inquiry, correction, and reformation, and
do perform it faithfully in all things, as they would render
account in this case before God at his last judgment."
The Bishop of Rochester said that, with regard to the
delay of which Mr. Whiston complained, he would quote
the opinion given by his own counsel:—" Should the dean
and chapter or the treasurer refuse to provide for the pur-
poses above specified, application should, in the first in-
stance, be made to the Bishop of Rochester, as visitor, to
correct the evil ; but probably the visitor, in the exercise of
his discretion, would think it proper that the matter should
go to the Court of Chancery, to be adjusted there, and
would so act as to effect that object."
Mr. Whistai-1 consider that opinion to mean that if, as
a visitor, the Bishop did not correct the evil himself, he
should so act as that it should go to the Court of Chancery ;
in other words, that your lordship should initiate pro-
ceedings in that court.
The Lord Bishop—What ! I go to the Court of Chan-
cery ! (A laugh.)
Mr. Whiston.—l know your lordship has lived too long
to wish to go there.
Dr. Lushington thought it desirable, sa sslmuch had been
said on the subject„to state what had occurred with respect
to referring Mr. Whiston to the Court of Chancery. His
lordship having been appealed to, had advised with him
(Dr. Lushington), and as soon as he was muter of the facts
it occurred to him that it would be impossible that the
whole of that investigation could be prosecuted before the
visitor. He, however, availed himself of the advice of his
late lamented friend, Lord Langdale, who had distinctly
concurred in that opinion.
Mr. Whitton was glad that he had alluded to the subject,
since it had elicited these explanations. Reference having,
however, been made to Lord Langdale, he might say that
his lordship's words, in reference to the claim of the gram-
, mar boys, were, " Mr. Whiston is right."
The cue for the appellant having terminated, and it
being half-put three o'clock, the court adjourned, with
the intimation that it would not sit again until after Easter
Term.

ASSIZE INTELLIGENCE.
WESTERN CIRCUIT.—TArivrox, Ann 6.
TAR FHOMS MITILDBII.

William Sparrow., 30, II insane Maggs, 44, and Mg.
Hurd, alias home Bob, 37, were indicted for the wilful
murder of Sarah Watts, at Woodlands, Fromm, on the 24th
of September last.
Mr. Moody and Mr. Everett prosecuted, Mr. Edwards
defended Maggs and Sparrow, and at the request of the
learned judge, on the application of the prisoner, he con-
✓ated to defend Hurd also.
The very complicated circumstances of this case, to which
no fewer than 43 witnesses deposed, will more clearly ap-
pear if given in a narrative form. The unfortunate de-
ceased, Sarah Watts, was a child of 14, the daughter of a
small farmer at Woodlands, near Frome. On the 24th of
September, her father and mother left home to attend
Frome market, as they were in the habit of doing, leaving
the child alone in the house. On their return about 4
o'clock, the father noticed blood on the door of the kitchen,
and herd his dog lapping In the milkhouse. On going into
the milkhouse, he discovered his unfortunate child
lying dead, with her clothes torn, and her person bruised
and bloody. At first he had no suspicion of foul
play, and after acquainting his wifo that the child was dead
he rem quietly went into the fields to drive in some cattle.
The eltild war removed up-stairs, and the mother and some
of the neighbours were preparing for tea when it was dis-
covered that the bread and butter was miming, and that the
cheese ha 1 been cut. This first excited suspicion and on
• surgeon being sent for it was found that the unfortunate
child had been ravished as well as murdered, and that
death had been produced by strangulation arising from
pressure on the windpipe. Upon the wall there were marks
of the girl's shoes, which indicated that she had been taken
up by the heels sad forced headforemost into • whey tub,
the milk in which was afterwards found to be discoloured,
apparently by blood. Upon the wall near the door was found
the impress of • left hand, and from the thumb bad trickled
down some drops of blood. An inquest was held on the
body, and the magistrates discoveries that a brutal outrage
had been committed, solicited the Secretary of State, and
on the Sunday Sergeant Smith, an active Aker of the de-
tective force, was sent to Frome. Shortly after his arrival
his suspicions rested upon the prisoners, and he inquired of
them separately where they were on the day of the
murder. They all answered with willingness, but gave
what turned out to be false accounts of their doings on
• that day. Hurd stated that he left home at 9 o'clock, went
Into the town about 10 or 11, and was about by himself all
day. The other two prisoners made statements in which a
little truth was mixed up with falsehood. It was shown
by a large body of testimony that on the day of the
murder the prisoners and a man who is unknown were
waiting on the road until old Watts and his
wife passed by to market. They were then traced
in various directions, apparently " dodging," until at length
Maggs and Sparrow had approached to within a half mile
of the house, going across the fields in its direction shortly
before the time when the murder must have been com-
mitted. Their course was again taken up an hoer or two
after, when they were coming away from the hones in •
different direction from that which they followed la going
towards Woodlands, and it world appear that one of these
had substituted a " Jim Crow" for his usual black hat, and
that the other had put a short kettle frock over his clothes.
They were then traced again into the company of Hard,
and on to Frame market, where they stood in the
market-plate, apparently to attract public attention,
and they were again seen in the evening at a public
house. Whilst talking together in the market, a per-
son who was passing citiobt the words, " Watch, but
no tin." These circumstances and the prior reputation
of the primary, led to their apprehtmsion, when it wee
found that Sparrow had a bad thumb, apparently produced
by a bite, which he said had been produced by a chap in a
fight on Bradley fair day, but persons who saw his hand
two days alter, and the surgeon who examined it, !posi-
tively, staled that it was such a wound as could not have
been done so recently as three days, for that matter had
formed beneath it. In addition to this, • handkerchief—
the only article left behind by the murderers—was spoken
to, but sot very poaitively, by three witnesses as having
been in Sparrow's possession. Against Maggsthe evidence,
in addition to the connexion with the other prisoners in the
movements of the 24th, a conversation was ;deposed to be-
tween Maggs and an unknown man In • has to the follow-
ing effect : "Haat heard any news ?" " Yea, I've herd that
that London police officers has been to Bill Sparrow, end
Mid to he, " Ah, my good fellow, I'm glad 'won't you
conunittod this murder, fat you'll get the tees pardon sad