The Express.
London, England, 1848-07-28 00:00:00

THE E *PRESS, FRIDAY EVENING, JULY 28, 1848•

v. Blithe/aft "(2 NI tors, n 3). and "Thomas v.Thonsas" (6
Term Iteperts). Racine et gard to the le! two eve 9, he was
not prepared to coincii.e with the learned judge•, Alla there-
fore h • propme il lest year to is noble and I•'arned friend
the Lord Chancellor) to have the case reconsidered, Now,
however, ho was nut desirous to have the ems le-argued, as
ho proposed last year, but it would not be consistent with
his views of the ease, or with the respect he had for the
opinion of the learned judges, or for his noble and learned
friends, if he allowed the case to be disposed of without
making a few observations. It seemed always to he a diffi-
cult point where errors appeared is one or two thinf,s, in
name or in description, to steer clear between when the
name may Ike riglu' hut the description inapplicable, or vice
venea. His lordship put eases of that sort, and
then referred to the rule, first, he believed, hid
down by Lard Bacon : veritas nontinis tollit erro-
rem demonstrationis ; but that was not an inflexible
rule. The judges, in their opinions in this ease, mentioned
several teats fur construction, and held that the de scripoinn
of the person preesileel over the designation by more. His
lordship, after ce t ing passages from the spin inns, said there was
here a name of Elle urd Weld, to which the dm:lip:ion did
not apply, and there was a description of a perste, to whom
the name did not apply. He next stated at length the eases
of " Thomas v. Thomas," and " Doe re. II ithwaite," and
said he did not fee 1 strong enough in his doubts of this pre-
sent ease, even with the authorities of the case, he hail men-
tioned, to resist the opinions of the judges and the authority
of his noble and leaned friend.—Lord Lyndhurst and Lord
Campbell severally expressed their entire concurrence in the
opinion of the learned judges.—The decree compl tined of
won then affirmed, and the appeal dismissed will, costs.
•IOOE 1tnloCll•.tl., &c., OY GLANIIOW COLLLOE tE THE
ATTOIIN ET GEN ENAL AND OTH Etas. CHARITT.
AN
ANCIENT ScIIEME THAT IN I.I:AcTICAHLE NoT To NE AL-
TRIIEU.—TEis appeal was argued on Lb:: 20. h, 24th,
end 25th instant, and the circumstances were fully re-
ported in this juurnal.
The Lord Chancellor now moved the judgment of the
house, lie first referred VI the will of John Snell, under
which the charity was founded in 1(177, for educathre
Barad, and ocher colleges in Oxford, scholars born and
partly educated be Scotland at Glasgow College; and his lord-
ship re ad this clause " My will is that every such scholar
upon admits:on to such college or hall (in (sten!) shall lie
humid by such security as the heads of the Oxford college s
shall think fit ; that the snit' scholar shall fin hit mid pay to
that college or hall of which he shatl he aitnittol, the sum of
600 f. if he shall not (nit r into holy orders, or, eft• r such
admission, accept any spiritual prelerment in England or
Waits; it being my will and desire that every much scholar
shall return to Scotland to be peel, rred end advanced there."
The reference to "holy orders" in this part of the will
clearly denoted orders in the episcopal protestant church, of
which most probably the testator was a meml*r. Soon after
the date of the will episcopacy ceased to he the established
religion in Scotland, and in consequence of that this direc-
tion in the will as to the penalty of 6001. ould
not be carried into effect. At an early period the re-
tore, after that event, it was contended by the
heir-at-law of the testator that the gift to the charity wits
void, and that the properly vested in the he it-at-law, but
that claim was overruled, and it wax decided that so much of
the charity as could be eetehlished should be carried into
effect, tea appeared in 2 Vernon. Ilia lordship referred to
the supw•yuent orders made by Lail Ilardwieke in 1744, and
by Lord Henley in 1759, directing a schema which was fol-
lowed since, and approved of in subsequent orders. But by
the decree now appealed front the scheme was il..parted
from ; for it was referred to the master " to inquire whether
consistently with the law of Scotland the a. heme, according
to which, under the orders of 1759, and the subsequent
orders, the charity was administered, can be mollified or
varied so as to make the charity more t If•etually conducive
to the supply of the protestent episcopal church in Scotland,
with lit and competent elergensen, who having been born in
Scotlatut, and educes et' at Went, shall exercise their cleri-
cal functions in Scotland. Arad the master, if he shall he of
opinion in the affirmative, in to approve of a scheme, Sm.
But the master is to hive regard to the circumstances that
the established church in Scotland, at the date of the will
and death of ti e testator, was episcopal, and it is
presbyterian, and lie is to proceed on the twig of the former
scheme, tftc." It was argued rat the bar the scheme was not
to be altered, fur a discretion was given to the master in his
inquiry. Now the form of religion established in Se i.land
at toe time of the will was episcopacy, and the testator was
probably of that church; and then? is no doubt that by
" holy order," he meant orders in the protestant enimeopal
church. But episcopacy cement in Scotland in 1693. and
presbytery win established, and then it was that the heir at-
law of the testator c:aimed OW the ground that the gift failed
ax a charity. The questions were discussed before Lord
Somers, and no one then contended that the trusts of the will
fur this charity could he carried into effect according to the
terms f the gift, and the court did not direct any scheme
So it came beton the court again in 1741, as appeared in 9
Modern R.-ports C:rtain schemes w. re then Aid
before the master, and exceptions were tuken to
his report. (Ilia lordship etated them. I These ex-
ceptions came (lore Lord Henley in 1,•19, acid were
overruled by him, and the /Theme was settled. Now we hod
the decree of Lord Somers, excluding the heir, the decree of
Li eel Hardwick granting a reference for a scheme in 1741,
the order of Lord Henley 1759 overruling exceptions to the
master's report approving the scheme, all holding that the
scholars ought not to he required to enter into the bond to
take boy orders. It was not necessary now to make any formal
decision on that matter, but taking the case up from 1714
we have a century during which the scheme then directed
has prevailed, sad during that period no scholar was re
quited to take preferment in holy ante re in Scotland. No
preferment was to be bad the re for ep;seopalians during the
time ; the scheme, therefore, by striking out that nbligution
inthe will, left it op. n to the scholars sent to Oxford to be
educated there to fellow one religion or the other afterwards.
It was certain that was the object of Lord Herdwicke's and
Lord Heeley's orders. The present decree rt puiliates
the course adopted by their, and followed up ever
since. But it was argued that those, the former
decrees, were proper, )et that circumstances are vow
changed by reason of subsequent statutes recognising the
protestant episcopal church in Scotland, the ground of the
former decisions being that episcopaty ceased to he the esta-
blished religion, and therefore the charity was effectuated as
near as could be to the will. But are not the circumstances
the same at present, although, by the 'Wens, episco-
palians in Scotland are freed from all difficulties in the pree•
lice of their religion? That is not the established religion
now, no more than it was in 1744. The reason that orreted
then for the scheme ought to operate now. Ile therefore
thought this part of the decree, n (paring the inquiry 'before
the tweeter, ought to be revei wed.
Lord Brougham and Lard Campbell severally expressed
their entire concurrence in the opinion of the Lord Chancel-
lot, and the decree was reversed, and the information was
ordered to be dismissed, with costs, in the court below.

liberated

COURT OF BANKRUPTCY.
Mektre Mr. Cotainkaimer Fontganque.
Tier SALISIit:MY DANK.—GEKTIFICATEN.—W. B. Brodie
and C. 0. Brodie, betaken., of S-lishury, applied
their certificates. There was no oppo.ition.—Mr. Law-
ranee supported the applisation.—The Commissioner, alter
looking carefully through the papers, said it rppeured to him
that the bankrupts must rave been insolvent tor a length of
time.—Mr. 1. everance said the concern wee one of very long
✓ending, and he believed the bankrupts had gone on I. r a
writs of years without knowing that they were insolvent.
They had bum in the habit of taking securities without in-
quiring very accurate ly as to whether they were good or bad.
—The Commisaioner said that in the absence of any oppoai-
tion he should feel authorised in al:owing the ccr.ificates to
paw, but he must say it was not a case in which he did so
with ratialection.
Re. ELWIEIL *NO Eterttit.—The certificates of these
bankrupts, late merchant. in Threadneedle.edrcet, were also
granted without opposition.

pounds more, and he should wipe it all off in the
Insolvent Court, and at that time he said nothing
about the bill having ben paid. —Mr. Climbers
then oddressed the jury upon this cat:Wong evi-
dence for the plaintiff, anti be urged that the clefetalant
had made out his plea by the evidence et the witness Sibree.
lie said it was not because a men had ben unfortunate that
he NW therefore discot Bled from being helieved.—The Mier
Baron : The eighteen months' ituprisorement you know
may be said to have completely whitewash, d him, and he
came out of 2aol quite pure and above Nuspicion. (A Isugh.)
—Serjeaut Shee was about to reply upon the whole coe, but
was stopped by the Lord Chief Baron. who owl it swayed
to him that it wa. quite unnect soiry h should do so. The
witnesses, swore directly in contrsd ction to each other but
on one side they had the evidence of a loan who hod he: n
imprisoned fur eighteen months for fraud, and on the other
there was the testimony of a reep.Ttable per..on, whose (Ai-
dead, nprared bo above suspicion.—rnmedi.
ately returned a verdict for the plaintiff. The jury i

OXFORD ClRCUlT.—ScarPoten, JULY 2G. I
Before Mr. Baron Mitt. I
CHARM: OF MANsLAUGHTMK AGAINIIT A SOILOFON.—W. .
11. /lint was inflicted for killing Elizabeth Riley at Shorn.
T. Riley stated that his wife was t ‘ken with the pains of
labour on the 2fiih of March, upon which he went for the
prisoner, who hail previously attended her at a former con-
finement. He remained with her until between eleven and
twelve o'clock on the 2Gth, when she died.-1. Riley, sister
to the last witness, said : About nine in the mousing on the
day in question Mr. Flint sent for his instruments, and hay
On
curse„els them
jelneß, cities:.
she p:dard fa t
iia
t
, he
edadnitede
hteetorn.i.aftt.err.in-
low brandy and water several times by the direction of
Mr. Flint, which she drank well to the hest. She
*silt off all in a moment.—E. Horobin, the nurse,
met Sarah Mellor, lid...wife, deposed to the same facts.—
A. J. Siinpkin, surgeon. add he made a posed tawniest ex,
ruination et the body of Elizabeth linty. Two other sus
goons were present. The result was that in his opinion it
was unnecessary to have used instrum, nes. On cross-
examination this witness stated that the death might have
arisen from na.ural causes.—Mr. Baron Platt, at this $1,,g,,
of the proceadings, stated that he coo idered the co?. could
proceed no further. In order to coi.viet Mr. Flint, the jury
must be sa'islitd that he was the CAM of the injuries that
• had oceatsioned the death of the woman; but the me.
decal gentleman had sewed that death might have pro-
, ceetled from natural causes.—The jury, upon his lord-
. ship's suggestion, heir fly consulted together, and returned&
verdict of Nor Guilty, and .tr. Flint was immediately

NORTHERN CIRCUIT.—Yonx, JILT 2G.
Cunene Bum —lle•fore Mr. Justice Erb..
TIIE C:IAKTIST TRIALS.
Revere —J. tielvington, I. Ickerinyill, J. Crebirte, and
J. Bland, were charged, with K. Whitfield and W. Smith,
who were not in custody, with having, on the 26th of !ley
last, at Single'', unlawfully rescued from Josepa Green and
other constables, W. Smith and J. leilvington, e lona they
well knew to be in custody on the charge of illegally prac-
thing miltery movements.—Mr. Knowles Mat( d the ease.
Smith and iiilvington having been committed to York
Castle for trial, were gin n into the custody of seven police-
men to ho escort il to the Bradford railw ly station. The
constables praceeded to the station, and ween they had gut
near thereto, they were met by a truest! with Bland et their
head, and Bland asked if they could not be bailed. The
officers said they knew nothing about that, and ultimately
the crowd forced the cnnstables to return to the magistneti
room, at Bingley. On gettilig back, bail wax emended,
and Mr. Foriend. the eommitting map istrate, serer d
thereto if sufficient bail could be found. Bland offered himself
Its one, a. d a person went nut to find enoteer. Burl.
his absence the crowd mete a recta disturbance, and
ultimately Kiivington and Smith were rescued, a rp tee
being made hie their walking away. They were acsorn•
patent by the crowd, and the prisoners took a
pert in the rid, assa ult, and iescue. The,
facts were proved by I%lr. W. B. Fi rr oid, runes-
trete, his rk, two constable*, and a venal other witnesses.
—Mr. Serjeant Wilkins having addressed the jury on behalf
of tke prisoners, a number of witnesses were called to prove
that the prisoners were men of sober and industrious habits,
and that Crabtree had tieeen an active part as a Sunday-
school teaceer.—The learned judge then summed up, and
the jury retired, and after an absence of forty minutes found
all toe prisoners Guilty—Bleed for neglect of duty, lektrim
gill for riot and rescue, and the other two prisoners for the
rescue.—Sentehee deterred.
its fore Mt. Justice Vreeswell.
ALLEGED PAIMICIOE.—Surrth Stubbs and Abigail Stubbs,
two respectable.looking girls, were indicted for the man.
slaughter of their father, Joseph Stubby, at Harrogate,
by beating him end throwing him down stairs. Mr.
Pickering detailed the fie& The &mined was an old man
seventy three years of age, a d lived at Harrogate. He bad
a wife livieg with him, who was about sixty yeses of age,
the pri•on, re, and a ereedchild of aletut six years of ege.
The daughters arc both unmarried. Oa Saturday, the 15th
of July last, the eitecased was at the back door shaving him-
self, aid in C4IIS«IIVTIVe of some dispute angry words took
place between the ilaueh'ers and their tither. 'e he tattier
came in, 'sized Saruh by the hair, while the mother se sed
the other daughter, Abigail, and the affray ended by the old
man saying that he would have peace in his own house, and
that he would go up stairs and terow the girls' boxes down.
He ran up to the garreetod sso, with his daughters after him.
In this pent a violent scutlit took piece, the noise being so
loud as to attract tic attention if one or two of the neigh-
bours. Shortly aitir the scuttle ceased, and some of the
neighbours went up to the first landing, and there they
found the old man lying : t the foot of the stairs, and ore of
the daughters, Abigail, ho Iding his head. A surgeon was
called in, but the deceased rover spoke, and shinty atter•
wards expired. It would seem that the deceased previous to
his death was in a weak and exhausted gate, and that he had
not taken meat for two or three days.—Witnesses for the
princeution were then been', and a surgeon gave it as his
opinion that the demised died from the shock occasioned by
the fall to his nervous ay stem —Mr. Pude& made an able
speech for the d. fence, and his lonlship having summed up
the jury almost immediately returned a virdie: of Ist
Guilty, and the prisoners were set at liberty.
JULY 27.
Before Mr. Jivitiee CreeswelL
TEE QUEEN V. TOSILINSON.CIIAEOR OF UTTERING
SEDIT I ox.—The defendant was indicted, tint, for uttering a
seditious speech; secondly, for uttering a seditious heel;
and thirdly, fi.r being present at a tumultuouemertinte—Mr.
Knee les stated the case. A mewing was held on Monday,
the 12th of June, at Toftshan Moor, near Bradfoid, and was
attended by between 7,1100 and 8,000 parsons, and the de-
fendant was one of the speakers. The people who attended
it marched in military step, with banners, and accompanied
by bandit of music. On these baeners were certain inuerip-
Cons, one or two of which he would read. On one of them
were inscribed the words—" It is better to die by the sword
than to perish with hunger." On another—" The charter
with peace, or a republic." In the course of the proceedings
the defendant addressed the multitude, and sold
It has bee.n raid that Gent pronounced a curse on man ; that rens,
that mum should eat bin bread by the 'Meat et hi" !now ; but it God
pronounced u curse on MAR, man bas I.l.olkoUtieed a greater ...urge on
Inn fellow-man, for be has mud, si itou shalt not eat bread, but eh ilt
pine." Place yourse:vot in such a position then—in nto that
wiU enable you to overthrow for ever the despotic government that
now tyrennust n over you—the mint boar, brutal, bloody, plundering,
liberty-alaying, middle-claw government with which a nation was
ever cursed.
The defendant proceeded :
Did I say taw f—Yea! Fur its trueness is exhibited in the
language of it, members. Be rely? —Yes ! For the blood et millions
of per.na can be traced to the door of the English senatediouse,which
is crying our for veugrance—eternal vengeance on the murderous

at-set:ea.-
Alter some more remniks in a similar strain, defendant
went on to say:
l.et no hurl from power the supporters of exi.ting establidiments,
anti let us be prepared to erect in their stead institutions which
will
rank r pe..ce :oat prosia City 4.11 e‘cr) nuonb.r 41 tide ~at contour-
chil empire. Let them groat equal political privileges to every mem-
ber of the community. You may wait fur the middle claws ~ doing
tin.% but if you are waiting Is expectation of that, your prospects will
be blichted. You may wait omsday in the afternoon, fled be
no fie ree than yen are now. If you are determined to he froe, then
instantly orgaoire yourse:ves, and it you do no, you mar hope to suc-
ceed. Let the three mien "Aeilete. SIOUSte, agnate," be changed to
the words, Prepare, prepare, prepare..
Oentlemen, n the learned counsel, these are the words
which form the subject of this indictment • and I feel that it
would be trifling with common sense, and be ma insult to
any moo's common understanding, if I were to Labour fur tin r
to show that the meaning of this speech is other titan that
which ore attribute to it. Political diacussion in this country
is tree; and I am not here to limit it further than the rules
of decency and the cif, ty of the institutions under which we
live requite.—Mr. 11. 11. Thompson, short-hand writer,
proved the correctness of the quotation from d, fennant's
speech made by the learned couivel.—This was the crow for
the prosecution.—Mr. Pollock male an energetic speech for
the defences—Mr. Justice Creswell then peace sled to sum up,
telling the jury that the question for their eonsi..eration was
whether the prisoner intended to excite disaffection towards
the goveremeut of the country. The language of this speech
might he absurd to the MS nt educated persons, who would
probably only have laughed st the 'Tesler, and eh mod him
out of making sue a foolish exhibition in future. But when
the jury saw 'hat this language was add vs ted to some
thousands of uneducated people, who, starving from want,
were taught to believe that their suffering was to be charged
on the government of the country ; under such circumstances
let them ask themselves whether such lanzuan was not calcu-
lated to brine upon that government a 'reel amount of hatred
and disaffection. 11is lordship went through the speech, aen-
tepee by sentence, and the general purport of his remarks
wont to show, that it was addressed, not as against any cdious
or obnoxious minister of the crown or representative of the
people, but as calling upon those to whim it was addressed
to place themselves in a petition to erahle them to over-
thr :iv for ever the despotic government that then was said
to tyrannise over them—The jury retired at 10 minutes to 7
I to consider their verdict— Mr. Pollock then asked his ton t.
chi,., with a view to a mitigation of punishment, if, in the
.event of the verdict being adverse to his client, his lordship
would hear evidence to show that the language of the speech
WM; not the defendant's, but written by some one else, and
adopted by him ?—Mr. Justiceadminister an oath after the verdict is delivered.—
Creswell: Certainly not. I
I
20 minutes the jury returned into court, with a
cannot naebtout
verdict of Guilty.—Seatenee deferred.

POLICE.— YESTERDAY.
WORSHIP-STREET.—CONBPIRACY TO DEFRAUD
F. W. .Sonlhcombe, alias Corking, was further examined
charged with having fraudulently conspired with another
person not in custody' to obtain goods from tradesmen by
false pretences —Mr. fVus. Cutbill, an upholsterer in Holy-
well-row, Finsbury, rated that on the 12th of April he'
supplied the prisoner with between 30/. and 401. worth of '
household furniture on the faith of • highly favourable ac-
count he received of him from s person in Spur-street, Hay-
market, to whom be referred him ; sad about sis days after-