The Express.
London, England, 1851-11-18 00:00:00

Bowan Vtak°Dims/mum Teawta.
SEIO:ISON E. ADEY—CONOTRUCTION OF POWER.

The gut stion in this case was, whether a power contained
in the will of Warden Se • , fur charging his devised
estates with a sum of 10,0001. fur the portions of the younger
children of the Yuccfaive tenants fur life of such estates,
was duly executed by Mn. Ann Sergison, the mother of
the plaintiff.
The plaintiff's case was not concluded when the court

Erman Vt.". DucT.Ltos Sift R. Komi=LET.
IN is TIIE ELEPHANT AND CASTLE CHARITY ESTATE.
ANU TUE KIND AND QCELN CHARITY ESTATE.

This was a petition for the confirmation of the Master's
report, • of a scheme for the future application of
the funds arising from two estates called the Ele
phant and Castle estate, and the King and Queen
estate, which had been established in the year 1648.
The trusts upon which the estates were held were, that
the rents, issues and profit, of the premises should be ap-
plied to and amongst the poor of the parish of Newington,
as the overseers of the poor and the churchwardens of the
said parish fur the time bring or the greater number of them
should direct and appoint. In 1826, the income of the cha-
rity having increased, a scheme was approved of under
which a sum of 4001. was to be distributed in the shape of
pensions amongst 40 poor pi roans who should have resided for
seven years in the parish and paid the parochial rates ; and
a sum of 130/. was ordered to be paid to the national schools
of the parish for the clothing of the boys. The income of
the estates had now increased to the sum of 1,300!. per an-
num, and it was desired by the petitioners who were the
trustees of the fund to hues a new scheme prepared, and
after much deliberation it had been settled that 9004 per
annum should be distributed annually amongst the poor
parishioners, 2001. for the benefit of the national school,
and 100/. each to two other schools in the parish, and the
Master had approved of this plan.
Mr. Stuart appeared in support of the present application
to confirm the Master's report.
Mr. James, for the Attorney.Oeneral, said he had been
of opinion that a large portion of the funds should have
been devoted to educational purposes, but as the parishioners
had differed with him upon this point heated given way to
their proposition.
Mr. J. 11. Palmer appeared for other parties.
The Vice-Chancellor said that in pursuance of what he
considered to be the duty of the court he had carefully
examined the details of this scheme, and he regretted to
say that he had come to the conclusion that the propositions
ought not to:be carried out in their present form. The In-
come of this charity, which amounted to 1,300!. per annum,
might well be termed magnificent, and it was proposed to
apply 900/. fur pensions to poor people and 400,. for the
schools; the qualifications of recipients of the 9001. wen
that they should have been parishioners and paid rates foe
seven years. In his Honour's opinion this species of gra-
tuity was really detrimental to the poor, inasmuch as it
tended to perpetuate Ileum, and be considered it would
be frittering away a noble charity. If he had his wal he
would that a larger sum should be expended in edu-
.
tau purposes, and ia other ways more advantageous to
the poor than what true . To save the ex-
pense, however, of amellhet afeadto the Master he
would himself hear Ord' psi INN subject in order to
modify the present sehimia.

COURT OF QUEEN'S BF-NCIL—YESTERDAT.
term,. ss aasco.—liesuaa Law, Cauessat, Ma. it•SICIt Parrasea,
Ma. Jounce Coasaniaa. ass 11. James Wiwi-neap.
Tae QCsnx r.
' In this ease • bill of indictment had been (nand at the
lest Spring Assizes Est the county of Devon, which had sub-
sequently beewesered tate this court, charging the defen-
dant, Mr. Chrieteglon Arthur Harris, with libels pub-
lished by his ea Delpieln Hort, of the 4th or King's Own
=istThe delbadaat had suffered judgment to ire 4
the Attorney-General (with whom wee Sir F.
now moved for the judgment of the taut.
Mr. e Chambers. Q.C., appeared for the defen-
dant.
The nob complained of were contained in letter written
to Lientesant-Colonel Gould, of the 4th or King's Own
Regiment, and the officers of that regiment, and also in a
v isited handbill, which had been posted in the towns of
, Iltvonport, and Stonehouse. In the letters the
defendant had said " Captain Hurt, of the 4th or King's
Own Regiment. is the most ineffable liar in existence, and
to that quality he superedds another, he is the only re-
creant, dastardly coward now extant in her Majesty's ser-
vice."
It appeared from the fact set out in se allikeft which
had been made by the skandant, and the Nedgennat of
the learned meant that the liafiriases w had hese ihr.
five or sex inn la the regiment is gamins. sad hid die
teak of lieutenant; that le lei been withal regimen
same peen in Wain eat beil *Lenard the gegen sad good
*aka of hie berths ellent. Oa the ream of the regi-
- seer this- emerg, Rs% the frigates, wan
grimed to the emegeentlaravldeltinftnee Ids
sem dome after whisk- Oho eaftnieat tea et
11e, the noplinent onlknal Drate'e land,
aces oat sal Mai Ida oily gleamy and eninea-
Setae ; be was emeldn, brows, Os entertain from lfta
the tease of his dismantle. left rtes tat by Lieut. Wiwi

officers of the regiment had spoken, at the court-martial,
in the highest terms of Lieutenant Harris, as an officer
and a gentleman, and wheat only offence was that of stick-
ing up the libel.
Mr. Justice Patteson, in passing the judgment of tho
' court, commended the conduct of Captain Mort, in resort-
ing to the law for protection, instead of to other means
which the defendant's conduct was calculated to provoke.
The court felt that, regarding the defendant's feelings u a
father, there was some palliation for the offence which he
had committed ; but the violent expressions and gross im-
putations contained in the libel,, whether directed against
an officer in her Majesty's service, or any one else, must be
visited with condign punishment ; and as the defendant
bad stated that he was not able to pay any tine, the sen-
tence of the court was that he be imprisoned in her Ma-
jesty's gaol at Exeter for 6 months.
The defendant was then removed in custody.

THE QUEEN T. THE MAgTISII AND FELLOWS OF DULWICH

COLLEGE.-MANDANtIi.

In this ease a rule for a mandamus had been granted, to
be directed to the Master and Fellows of Dulwich College.
commanding them to admit to the office of warden of that
college Mr. Richard William Alleyn. The case now came
before the court upon a demurrer to a return being made
to the mandamus. It appeared that a vacancy having oc-
curred in the office of warden, the present prosecutor, to-
gether with others of the name of Alleyn, were can-
didates for that office. An election took place before
the master. fellows, and assistants, and the several
candidates having been reduced to two, the prosecutor
Richard William Alleyn being one, and another gentle-
man of the name of Alleyn the other ; they drew lot<, ac-
cording to the usual mode of proceeding, and the prose-
cutor having drawn the paper containing the words " God's
gift," war the successful candidate, and gave a dinner on
the occasion to the officers and inmates of the college. Sub-
sequently. however, the master and fellows refused to ad-
mit hint to the office. _ _ _ _

Sir F. Kelly was now beard on behalf of Mr. Richard
Willi.un Alleyn, and Sir F. Thesigcr for the Master and
Fellows of the College, the simple points beng whether
the assistants had legally a voice in the selection of tho
two persons who had to draw lots for the office, under the
ordinances and statutes made by the founder, Edward
Alley°, by virtue of a charter for that purpose granted by
James the First; and secondly, whether the founder had
power to make such ordinances as to give the assistants a
voice in the e'ection. The arguments, which occupied a
considerable part of the day, were of no public interest.
The court deferred judgment until Wednesday morning.

BAIL COURT.-YESTESDAT.
Ihrnm. Ix Bum,. -Ihroks 11a. Jcsncs Luc

THE QUEEN v. BEIM AND LAMBERT.-CRIEUNAL

INFORKATION AGAINST DM. NEWMAN.

(who with Mr. Baleley appeared

for Dr. Newman) said that in this case a rule nisi had
been obtained for a criminal information for the publica-
tion of a libel upon Dr. Aehilli. lie (the Attorney-
General) then moved, by cunsent, that the name of Dr.
Newman be substituted fur the present defendant. It ap-
peared that the surged libel was contained in a lecture
delivered at Birmingham by Dr. Newman, which was after-
wards published by Messrs. Burns awl Lambert. Before the
rule was obtained, application was made to the parties
for the name of Dr. Newman to be given up as the author
of the alleged libel. Dr. Newman referred the matter to
his attorney, who, however, did not consiiln that he had
sufficient authority to give up the name of the author when
the application was made. Some delay consequently took
place. The prosecutor then applied for a criminal informa-
tion against the publishers, in order, as he stated, to avoid
delay. Dr. Newman was very anxious that the publishers
should not suffer the consequences of such a publication,
and wished to have his name substituted fur theirs. Ilis
learned friend Mr. Ellis, who appeared for the prosecutor,
consented that the rule he applied fur should be granted at
once. Then assuming that that should be considered as
done, he had an affidavit.

Mr. T. F. Ellis said, before the learned Attorney General
came to that, it was important that they should have a
distinct understanding as to the relative positions in which
they were to be placed. There were costs incidental to the
proposed change, and he submitted that the amount of
them should be left to the decision of the Master.
The Attorney-General—Oh, we at once consent that the
rule should be grunted upon those terms.
Mr. Ellis—Dr. Newman admits the rule in Westminster.
I think we had better have a second affidavit containing
the admission in point of form.

Mr. Justice Erle—Do you wish for any specifics provi-
sion, Mr. Ells?

Mr. Ellis—My learned friend, perhaps, does not know
how far the affidavit of the praeccutor goes. At present
tho affidavit don't charge Dr. Newman with the author-
ship of the publication.

Mr. Justice Erle—What I see no objection to is this—to li
recite, " whereas a rule has been obtained against the
present defendants as the publishers in Westminster of the
libel, whereas Dr. Newman this day comes forward, and
declares that he is the author of the alleged libel, and that
he is responsible for its publication ; it is therefore proposed
that his name be substituted for the sissies of Burns and
Lambert. And whereas, on the part of the prosecution
t►is is assented to, it is therefore ordered," dc., le. The
usual course, the Master says, is to discharge the rule against
the actual defendant, and to have fresh affidavits prepared.
But it seems to me to be at expensive, dilatory, and cir-
cuitous course. I think, therefore, that all the purposes
will be answered if these important facts are recited by the
consent of both parties.

Mr. Ellis—Just**, my lord. It is also understood that
the costs incideatal to this change of name are to be paid
by Dr. Newman. to be settled by the Muter.
Mr. Badeley—Oh, certainly.
The rule was then panted, to be drawn up in the way
suggested.
Tim Qin'',
THR RI:LE TO EAWIHR TERM.

[CATION TO ZNLAILI

The 44.ttorney-General, in a subsequent part of the morn-
log, said that, considering the rule for the criminal infor-
mation to be then esistiag against Dr. Newman, he was in-
stratus!, on the part of the defendant, to move for a rule
1 to show cause why there should not be an enlargement of
1 the ralq anti' the first clay of Easter term. The alleged
libel IS arisen in this way : Dr. &chilli, the prosecutor, in
ammanaing certaia alleged abuse* in the Roman catholic
rine* had stated a variety of matters u having come
within' his own personal knowledge. Dr. Newman
had denied the competence or - rather the credi-
bllity of Dr. Aehilli, and charged him with very immoral
111111111ACA 11,1141 his own part. All those circumstances
bp width the sierras related were alleged to have taken
plan lalhastipt sawsiries,.vis., la Italy, Rotas, Capita, and
is cabs" plank soak as Corfu and maw • The aridaeft of
Dr. Newman stated that it wee impossible for him to au-

''Mr. Gilpin stated that, in consequence of a letter from
some person, inquiring the mode of admission to the
charity, the secretary forwarded a printed form of applica-
tion, and stated that pupils were admitted on three scales of
payment, 100 guineas..lo guineas, or 25 guineas. The first
for those requiring peculiar treatment and special atten-
tion, the second being the ordinary charge, and the third
intended for such as were unable to pay the higher sum;
children were also admitted by election twice a year. No
more was heard of this application till a letter was received
from the Rev. T. S. Chalmers, of Stafford, enclosing a toe
simile of the secretary's letter, the printed form of applica-
tion, a written statement of the caw purporting to contain
at the foot a list of donations, and a note from the Earl of
Carlisle, with a donation of 10s. Mr. Chalmers stated that
be had received these papers from his lordship, but he knew
nothing of the parties referred to, either of Mrs. Grim-
stone or the lteeerend Archibald Chambers, of Staf-
ford, nor did the other clergyman of Stafford know
them. The reverend gentleman therefore forwarded
the papers to the secretary that ho might communi-
cate with the parties interested. The details, filled up in
the form of application. set out that the candidate was John
Grimstone, burn the lith of August, 1835, residing in the
parish of Stanton ; that he was idiotic in the second degree
since his birth; that his mother is living, with five other
children dependant upon her; that she intended to provide
for her family by keeping a school, and that she applied
for the admission on the lowest scale of payment. It pur-
porttal to contain the sigeatures of F. W. Whitaker and
Henry Smith, both of Stanton, as having a knowledge of
the ease. The secretary was therefore directed to write to
some of the donors to the proposed fund of 1501. to enable
Mrs. Grimstone to pay the annual subscription to the
asylum.
The secretary read the written statement referred to,
which appeared to be an appeal " on behalf of Mrs. Grim-
stone, the widow of the Rev. James Grimstone, late curate
of Stanton, in the diocese of Lichfield, who died in June
last, in consequence of a cold caught while attending the
sick bed of a dying parishioner." And it further intimated
that 30/. would be given from the Diocesan Fund. A list
of donors, headed by the name of tho Bishop of Lichfield,
foUowed.

Dlr. Unpin said that the secretary's inquiry, addressed to
the Bishop of Lichfield, produced the following reply from
his lordship :
" Wrockwardine Vicarage, Oct. 22,11131,
Wednesday night.
" Sir' —Your letter has found me to-day engaged in dio-
cesan business here. There are several places of the name
of Stanton in this diocese. But the name of Orimstone, as
connected with the diocese, is strange to me, and I cannot
call to mind any circumstances relating to the case about
1 which you have inquired of me. The whole uppears to be
a fiction —I remain, sir, faithfully yours, J. LIcIiFIELD.
Wm. Nicholas, Esq."
Another letter was received from the Rector of Stanton,
denying all knowledge of the parties.
Mr. Alderman Wilson said be was satisfied the state-

ment in the appeal was untrue, and wished to know if the
application was fin- a warrant?
Mr. Alderman Wire said not at the present moment.
The committee had not yet obtained information that money
had actually been obtained from any person. The chief
object of the committee at present was to guard the public
against this imposition.
Mr. Alderman Wilson said he should be happy to assist
the committee when they required his aid.
William Walters, a private in the Coldstream Guards,
was charged with assaulting Catherine Mack, in Bridge-
street, on Saturday night, by striking her several violent
blows with a stick.

The complainant nut appearing, Alderman Wire ordered
the officer to be sworn.
Edward Roberts, a City constable, stated that shortly be-
fore nine o'clock on Saturday night a female came up to
him, and stated that a woman was being assaulted by a
soldier in Bridge-street. Ile went there, and saw the pri-
soner strike the complainant several violent blows, upon
which he was taken to the station-heuse. The com-
plainant followed, and made the charge. The prisoner was
drunk, and used the must disgusting and violent language.
Ile could not give any reason for the complainant not at-
tending.
The prisoner said the woman accosted and annoyed him,
and wished him to treat her, or be should nut have struck
her.

Alderman Wire said he had hoped the day was gone by
when a soldier weariug the Queen's uniform would so far
disgrace himself as to strike a woman.
The sergeant of the battalion said the prisoner had been
several times punished for absence and drunkenness.
Committed for seven days.

CATTLE, &c.--COLCHDITan, Nov. 15.—There was
small show of gbeep at market tosday, and sales quit, m I risk att of
late, prises v high as for some we. past. There was a Inir
sprinkling or tat Heads, but none of first-ode quality. Priem were
about the wine as I.tlll'et; and the .ine may Le stated with regard
tofreshand frau...Luck, of which Mac wesjklarge show, and a faii,pros
po.rtion changed bead. No good toilet. Cows were on offer, but were
inquired after. The Pig truly whinnies brisk for prime j.tinters, and
go d shots for tutting. Oilier tiescripiuns were very dull in sale.—
bupp blimp and Lomita, 2,SW; Maud*, 3;8, Pigs, .e 5; Crams,
12 ; Homo and 1.0111., 62.

LiveurooL, Nov. 17.—We have had rather a better de-
mand to-day for cattle, milt a slight unprovrenent in prices, but nut
to stab an extent as to warrant any alteration in last week's tplota-
thms ; all were sold up. Nottedlekinding the small supply of Sheep
there ilea been a dell sale for ttli. lea. iptiun ul stook; pritaa are a
shade lower, and a tsar, left unsold. The supply consisted of 2,14
Cattle of 4,341 bheep, being 464 Cattle and 61.) Sheep 'ever than the
eurremmnding week List year.
NontelCit, Nov. —lt being the Saturday before
lletopton Green Fair, Norlo,k, few bogs were un offer, and warty a
o.earonce w..a mad- at late rates. Of abort-horns and Walt the num-
bers were tar too great, and nearly halt re.mmed unsold. Vat trouts,
os. to Gs. htl. per shine of I and law on offer. The pens were
bad.; tilled; all the huggers and keeping Sheep were said at lull pritea.
Fitt Sharp, Sii. to to. per stone. (mod store Piga and last ruck re-
main without alteration.

ANDOVER (lIANTS) CATTLE FAIR, November. 17.
Thl. two thy.* Isle ounmenced yesterday, and many thousands of
sheep and lambs were peruvll for wee, with an extensive demand.
The hest Down ewes made 24.. to 31a.; &Mad ewe., to lamb early,
31a. to Co. each ; wetber nes. u,. to lbw. ditto ; ewe lambs,
It.. to 2us. ditto; wed. rs Inc turnip feeding were name, but were
much Knight after, cru.seeptiattly price. were high, and both sheep
and lama of olitlining quality were...impound of freely at from 2s. to 3..
tows than at late law.. In tee cattle lair there were !DOW good
beast. exhibited, but the trade WAB had, and even the wort choice
animals rt cede I very considerably in price. rows for dairy potpies's,
• although iu inferior qualde, Anil freely at 111. to 141 each. The
cheep and iambs were nearly all tow, but moat of the attire beast re.
minim' in the hand. of the seller..