The Express.
London, England, 1851-01-24 00:00:00

POLICE INTELLIGENCE.

THIS DAY.

BOW.STREET.

EARLY Tsrevuto.—Tore bob., named /Crating (aged 11)
end Wallis (aged were shined wit► stealing threepence
from a tittle girl.
Last evening the two Wiesner* attaeked the girl while she
going for an errand, and took fens her pocket three peony
germs The boys the. ran away, and the girl went crying
is t►e stati to, sad said the ►oys hod stolen her mossy.
Dm. time afterwards the buys were apprehended.
Mr. Jardine said it was a mast @hooking sigot to toehold
&Odra of the ;wigwam' she plowed in men a poeitile.
Be should direct Wallis to be given op to hit mother, who
would, he hoped, correct his in seek a manner as to prevent
a repetitioa of the offset*. He ordered the other primmer
to b• imt back is the mil, and he thee would discharge
IttOt. The worthy meeistrate thee gave the yore, pros.-
gaols 6d. set of his own pocket, that she should sot be •
ken try the robbery.

NATIONAL REFORM ASSOCIATION.

MEETING AT LAMBETH.

Last night a numerous meeting of the inhabitants
el Lambeth was held at Rewkateee Hell, Wetwl err ad,
its supp.ott of the principles and ohjecte of the Natiooal
blemeatary and Financial Reform Acsociatios.
Mt. TRW AITES, on taking the chair, said that es the
prosiest occasion they were met on a very inigicrtant Tier-
nan—is question which affected the working glasses more,
perhaps, than any other class in the community. They ma
terether to. k themselves whether the people ought to he
eatisard with the tt.te of the representation as it misted,
sod whether it was wit indispensable that there should be
• fell, Ire.. and fair represestatioe of the people in toe
Home of 0.111101001 t (Hear, hear.) The object of the Na
timal Paliveneatary sad N.:medal Reform Association was
sot to upset the eonsiiteitios as it sated, but to plea* It on
its oily sure, solid, and memo tesadetien—the rightful re-
presentatios of the people. (Chien.) It was the object of
the whip and tory faeti.me is parliament, whilst May seem •
Ask eppo-ed *acre other in the House at Cammees, to unite
k heeptag tram the people tinniest rights ; and therefore
it asswered their purpose to misrepresent the view. el the
emociation. Let the people, however, be out, true
I. themseliree, and they must ultimately succeed.
Mr. OGDEN motel the first resolution : " That the
necessity for retrenchment in the tepee Inert,
the removal of obnozious imposts, and a more equitable
e justly
of o
aroused'ion
the sttenttoo of the people; and this t i
that the only meat., by which those important mea-
sures can be effected., is a radical reform of the whole
eleetoral laws, In order that by constituting the lower
house of parliament am assembly of the real repro-
seatatieee of the people, the finaacial affairs of the
imeotry may he administered with economy and a jest
regard to the interests of *nee elutes by woos the
largest m3pirtion of the public »vent., is pro faced."
He said that he Iced gone as JUG of • deputation to ri quiet
Mr. Williams., the member for the borough, to take the
chair. Mr WI.11•11111 told his that he would gladly do us,
hut that some thflerences existed between his ends .me of
the awoken of the Parliamentary and F.nencial Reform
Alseeilleon. lie also said Its west further thin the mew
oaten is advocacy of reform, bat that it would net be
saw.- big fur him to take the chair, for the reason he bad
steed. . . .

THE
MANUFACTURING DISTRICTS.

NATIONAL PUBLIC SCHOOL ASSOCIATION.
MEETING AT MANCHESTER.
MANCHESTER, Jew. 23.
Th. annual meeting of the National Public School
Association, held tat evening at the new rooms of the 11110.
ciation in Cross street, was one of the moot Mfituential and
crowded assemblages this *giuiti:n has yet called together.
Apoog the gentlemen present were, Bechar:Cobden, Hq.,
M.P ; the Hight lion. T. Milner Gibson, 10. P.;
Henry, Etq., M.P. (the president, who took the chair). Sir
Sdkanah Armitage ; Salk Schwabe, Esq.; R. N. Philips,
Reg ; J. C. Dyer, Esq.; Ald. Hervey, Rev. W. hi'Kerrow,
Rev. Dr. Beard, Dr. Halpin, Do. Watts, and Messrs. G.
Wilma, W. Evens, R. P. Robinson, end W. M'Call.
The PREIIDENT was happy that their meeting that
night punted nosey feeler.. in the retrospect of dm put
year forsiscers and heartfelt congratelation.lt they considered
the positions sad progreu of the emulation, or the important
coulee which had caused its organisatioo, they found
it much more numerous cud powerful. Tho sabscriplions
during the pest year had annunted to nearly three times
the total of the previous year—(appleuse)—the number of
members bad been greatly increased ; wails arthesions to
the principles of t u sesociatioa had flowed in from palls-
men of talent sod iafieues is sit parts of the kiogdordo—
(Hear, hear) Those new ad powerful adherents unlimited
literary sad professional men—minietere of almost every
religious denominatitio—Leaded proprietors, agricultorisek
tradessue, cad colon of various clasees—ardeat dated. es
tuna' progress sad enligotensient, who, believing with the
asionation, that the great went of our country and times
was that of the waitrons' education of the people, and also
believing that toe principles of toes essociation turnished tae
only haus on whico an educational system could be raised
consistently with popular roghts and equal justice to all—
had cools torwerd to sneer the members of 4w umelatioa
in the great and glorious work they hand in hand. In the
cal, put of the year public meetings or the association ware
held in ouserous important towns io Lsocashire, and also in
its behalf in differ. nt parts of the kingdom. Amongst the
Mar he might Wee to Leieester, Leeds, Derby, Hull, end
other towns, at which resolutions were adopted is favour
of • system of secular education baud on last I rates and
under kcal msnegement. The meeting, or mere properly,
the series of =coup, held at Lords ma April, were of a
remarkable character, end most significant in their result,
sun of the torte meetings—bielenum the last which was
celled by Mr. Edward Baines sad his friends, and at whicte
some thousands of pumas were preeest—having adopted
resolutions to favour of the distinctive principles of the
association. (Applause.) Bat toe starring educational de
monstrations in other towns were not sufficiently important
to leave Manchester in the second place; for the recollection
would be fresh in the memory of all, of the great meeting
of the essoution Oh the 28th of March, in the Free Trade
Hall, as well as the subsequent town's meeting, which was
held A the Tout Hall cad en King stnest,on Ituterhlooday.
B soh of these neemiage pronoeuced, with • voice which
I could not be mistakes, that the prevailing public opinion of
Manskester we. in favour of the principles ot the asucietioc ;
sad it wails be sately predicted that they would never
agate see • sumersaul public stems made in this town to
seemlier education. (" lieu, hear," and applause.)
rolle almost all the educational meetings held in Lanca-
shire, is well as from other parts of the kingdom, in the
salty part of the year, petitions were sent to parliament
PosTloa for such • OW. m of education as was eutended tor
by that asitociation. Positions were sent from Leicester,
Coventry, Derby, Leeds, liogley, Hull, Bradford, Halifax,
Hauderifi.old, Buy, Warrington, Liverpool, Preston, and
several from itaucuseter, baud on our principles. Taos. pe-
titions were mused apparently in some cases iodised to use
Education Bill which was brought into the House of Commons
last session by Mr. Foe Aud as his (to e chairmaa's) name wee
ale. upon that bill, mum of the provisions of whale differed
from those cooteaded for by the association, he bogged to ex-
plain what might otheruse appear an inconsistency as SS
p.m A zcording to the forme of the house, no bill cssld be
introduced, unless it was eiworsed by two members; bat
this old rot pledge the seconder to anything beyond the
general principles of the measure, leaving him at liberty to
alter or sound he details en committee, and also finally to
vote for the raj C ion of the bill, if he did no spprova tot It.
Therefore, when Mr. Poe asked permission to we hs name,
se felt no hesitation in complying wi h that gentleman's re-
quest, being .100 maltose to have • lull discussion in that
house, coeducttd by so able sad so zealous an advocate, on
the great object which they had in common—secuiar educe.
non. (A, please.) But the most important educational
events nil tie year, in oxionexiou with the association, wept
thug which um. red at the end of ()ember, when the great
cook fence was held, to which the present siaoctation owed its
came and greatly 'weeded Milieus «. He matured most ear-
nestly to entreat every friend to the cause not only to give such
additional peculary aid as hie circumstances end his seal
might lours, hat also to endeavour to prevail on as many
of his friends se puittle to do the same. (Load applause.)
Mr. ROBERT WILSON SMILES, the mercury of the
&mealtime, read • report from the mused, which was price
tipsily of a retrospective character, referring to the proceed.
in,. of the Society daring the pest year.
Mr. J. V. DYER moved the first resolatioo, to the effect
diet the report be adopted sad printed for cif Cal ttioo.
' Mr. BALIS SCHWABE seconded the resolution, which
was speed to SOl,ohritassay.
Mr. COBDEN, M.P., on 'Wog, was received with en.
thadastas chimney. He said—The resolution which has
been put Into my hands is as follows ;—" That the pri sent
espect of the educational question lives high testimony to
tee value of the effort. of this association, and pruisei •
complete an 1 speedy triumph." I do not disguise from myself
' end I am ears )oar will not conceal from your minds, that
we are indebted so some degree for this meeting to a retest
movement that has taken place in this city, by gentlemen
who have hitherto sot taxon s prominent part in the cause of
natioaal education. I must confess I have always bees so
imbued with the difficulties of this question, that if • pro
posal had beet made, calculated to give an improved edam.
Lion to the people, coupled with conditions ten tun as
objectionable as thou which we have lately had pro-
pounded to us, I d 01.% think I could have found it
in my heart to offer any very strong opposition to it. I have
really passed that time in which I could offer opposition to
any seheme whatever, come from whatever party it may,
which proved* to give the muses of the people of this
eountry better education than they now receive. (Corers.)
I wilt say more—that I have not taken up any general
secular system of education from any original love of •
system of education which either separate. itself from
religion, or which sets up any peculiar or novel model
of a system of education that shall be different from
anything that has been proposed in this country. I
contras that for fifteen years nearly my efforts in education,
sad my hopes of success in establishing • system of nu
tioaal education, had always been associated with the Idea of
erupting education in this weedy with the various religious
communities which gain. Bat I have found, steer trying it
as I think in every possible shape, such insuperable difficul-
ties, in coneequence of religious discords in this country,
that I hays taken refuge in this, which has been
called • remote haven of refuge for educationalists of
the secular systems, in 'beer despair of finding any other
system of education. There is no novelty in the
plan sow brought forward : it is merely a proposal to
transfer to Manchester, as • theatre, the contest which has
hitherto been going ea in the Hones of Commons and the
somanment. (Heat, hear.) It is, in fact, a proposal by
which everybody shall be called upon to pay for the re-
Vous teaching of everybody else. That is precisely what
has been objected to by • great portion of this community,
and what hes p led the present system—l mean that
administered through orders in council—from having been
secoessful. There is this novelty, certainly, that forth. first
time a body of churchmen have themselves come forward and
recommended that all religious denominations shall be
allowed to maim the public Raney for the teaching of their
catechisms and creed.. That is a novelty, because hitherto,
although the church body have themselves been is favour of
endowment. foram particular sect—if I may be allowed be
call it a sect—la the church. it has not hitherto beim so
active uasoter of any system which shall reugales
the right of soy other religions sect to receive the
public money for the purpose of teaching their 'sto-
ckinet. S i far, then, we have no difference in the
with the quarter from which this propose' has come.
trset Lifs does not alter the elearacter of the opposition of
MOW who have opposed the eldestes of council, and the
greats of government, and by parliament, in promoting
asthma educate:mi. It is precisely the same thing, whether
every noascafornsist and all the religious voluntaries of the
coutry shall receive the public, money and pay the public
mousy for the purpose of religiose teaching through • local
rats in Manchester and Salford, or whether they shall ash
for the money which has, through the minutes In sound,
been voted by protium.% ia its usual grants. There is ne
difference wriatever in the two proposals, ezespt that one le
to les done by means of rates levied in Men:heater, and the
other by money voted by the House of Commons. How are
we then to escape thus the difficulty in the religions
question which we have hitherto enosuntered ? If
the members of the religions voluntary bodies—l
mean of the dissenting hodies—heve been 'damn in
their opposition hitherto to a national system of einer
Lion, as administered through the national minutes of the
privy council, there is not tha slightest hope of that pre-
posal which has now emanated from the churchmen of
Manchester being accepteble to the direnten of this country.
Bat I em sot sure that we ere dogleg with any well-
sonsidered ad matured proposition from any pardon's,
religion body. We probably have the plan of en indiehbeell
rather than the manifesto of a party. I am not sure thaill
any party in this city, any religious body as • body, or any
committee as • committee, have endowed the proposal aces
submitted to us. And I duet delimit the gentlemen who have
so far given is their adhesion to this proposal as to eammilge
together te discuss it—l deal think they have seosidered
the ultimate bearing sad mope of the proposal put focus*
It is Mud span the principle of voting the public money leg
the otwohiag of the religious/reeds of every religions dencsia
sation in the soisatey, for, If it dose not recogaise that prier
eiple, it is an unjust repast (Hear, hoar.) For there
are but two principle. on which you ear carry
on as educational system in this country, or any
other ounery with the slightest approximation to soccer.
One is, so to frame your plan, if yore will have religion, se le
pay for the teaching of • religiose, or else you mast 'de-
ism by the secular system, Witting religion to volealary
effort. (Chan) Now I mut lay I doubt if the wig"
men who leave so fu advocated this sew system se to MEM
in perm to !emelt mooted—l quesuos whether they have
folly considered the ultimate scope and what malt he the re
sea if it is to be carried out with anything like fairness ; for
defames to this—that you shall pay from the piddle rear
of this city the mosey for educating children in the ehemele
eehoole, where, iodexn l-at of the mutat iastrhettos wltish

Mr LB BLOND molded the moieties. lie was glad
to find the aerfung closers of Lambeth were so willing to
come !erased, sad to devote the lew idle boars they had to
spare atter their labour to the laudable °Wet of
(pairing how they could bee! improve their poeitioo.
Mr. SLACK supported the resolution. He admitted t►at
the Barone Sall had done soots good, but it left s ill more to
be secomplissed. It had sot Moen to the people what hod
bees demanded for them eve. by the old whip, for is 1793
Mr. (atierseaids fried) Orey pnwo•ed a petition for parlia-
mentary rehire, which sum emir an approach to universe'
suffrage as could well be conceived. Bat whim, est of office
were very diffi.reut are from whits is &am. (Kest.)
Mr. TINUAL ATKINSUN was glad that he had to
adieus so Oedemata% a body as the working men of Low
both. Ue rimmed the wroduas sea or En. lead as the reel
foundation of its proipirlty. tChearay It they abstained
but fir ass week from their toilsome work ell the erassaratal
portieusul society would fall to pieces. (Rear, hear) Tue
qaestico, the., be asked himself was this, whether it semis*,
just, or h.iaesi, that that labour which formed ohe toandailso
Ot Ikesapeistrue' are, should be unrepresent. d is the mem
My of the nation,. (flier, hear.) Let but three or four
million• more of the people be brought ivithis the pale of the
missatutisn, and industry sad labour vowel soon find their
'digitate repreleataii in is the goveroment of the cotorrY.
Mr. Atkinson proceeded to pots' out the dangers which
were likely to arise from a psreeverarce Is the present
exclusive 'yeti 11A, and concluded amidst the kipleuse of the
meeting. The resolution was then pat and mused unani-
mously.
Hr. TOWNSEND tweed the seat resolution: "Thu
t►e advice and s.atirst.ea of Mr. flume contained in the
following words, ' unite—agitate —pereivere—end sorties
must email your effort.; ought to be onastaaily b one to
mind by all reformers ; ■ad this meeting emphatically calla
upon oil ho ►ere the real welters of the nation at been,
and more patricide/1y upon those whose labour, industry, sad
psnevermice justly ent✓le them to the conetiintional rights
of citizenship, to support ly ovary mesas in their poem
the president and commit of the ' Nat West Bofors Asso-
ciation,' whom zealous *gores have acquired, as they justly
deserve, the tepee-al cot lidence of the laboiriag claims."
Mr. IIIOMPSON seconded the resolatioo, whisk pared
sanishomly.—Toe 110610111161111 separatime

THE MURDER NEAR BURY ST. EDMUND'S.
On Tuesday afternoon Mr. H. Wayntan, coroner
for the c,unty, opened an inquiry at the Harrow publio-
house, into the eireematerices connected with the death of
Bistatuth Baishrigg, , the principal facts connected with
which appeared in the E.sorras of Wednesday.
The h-st witness examined was the lather of deceased,
who, on deserted being misted, proceded to make a search,
and discovered the body in a pond near the village.
Jane Cork was next examined—l as in the service of
Mc N'dlum l'syne, the landlord of the Harrow Inn. I
Mew toe defused. She waa sty resat. r's sister. List
Thursday week she came to her brother's to assist,
there bong 'club least. She continued there until M..nday
afterglow' about • quarter put three o'clock, when she lett
the bows by the host door, having with her a bundle.
She was dressed is • blue plain cloek, a dark dress with
three tleueees, • victories round her neck, sad a green *ilk
boanet; she ale° had a cep on. When she left eke wear
across the road into Mr. Bigeley's puturse, when there is
a footpath !using towards her father's hose., it b-ing the
most direct way scrum the fields. Toia is the last 1 saw of
her. Sae woo in very good spirits, and appeared as usual
when she left. I know George Cunt, who has bees
Wpm, at the Harrow about • week. He was is the
luclien when the deceased left, sad upon her going
out at the Iroat dour I heard the leek door
shut, and up in waning into the kitchen, I broad Cunt
was gone. I did not notice in what direction be west. The
next same I sew Ma was Unit 7 o'clock the same evening
He came into the bouts by himself, at the hack door. He
shook very such. MS clothes were wet aid dirty, be had
no
hat so, hi. neekerthiel was off, seethe brougbt it is in
hi. hand. He stood before the fire about tan minutes before
be made any remark, when he said, " The halter Is for my
heck." blr master arid, Nessesee," and waled him what
he had been Mies? He mule no reply. My WWI' was
Unit to take Ma colts. off, when he said, " Let se slue,
it does not signify what becomes of me, the gallows I, my
doom " My meter gave him • glue of brandy, reties he
said, " Teas is the lot drop of brandy 1 shall have." He
then went up stairs, my master going IT with his.
John an weer of the buffo), constabulary,
described miou.ely the appearance presented by the body,
and the grounds the immediate vicinity of the pond, from
which it was evident that a seven and protracted straggle
had tali n place between the Messed and her assailant. He
con.pared Carat's shoes with some footsteps on the edge of
the pond, and found that they emetly torrespooded.
W. ramie, the landlord of the Harrow public beau!
corroborated the oviducts given by Jane Clark aa to the
sadist of C.rat es the sight of the murder, and depcmod
Ihet oa searebiss prisoner he found • women's sodding nag
in las pocket.
Cusrlas Talbot said—l live at Lunen and am a labourer.
1 was with the deceased's father oa Tuesday morales search.
rag about in Mr. Itmentie meadow. I found a hat about ail
weight if-U.Blra= the water at the side of the pond neer
the stile leading to Mr. l'ayse's meadow. I gem that hat
tolleperuitendent Death. About six or eight feet trout the bat
sad surer !ill rile I found • woissa's burst, whist I gave
to Mr. Death. Tao &teem by the field fro M 'he Harrow
te the deatased's father's home is from a mile to • mile
arid a quarter, and th.., pond about 60 or 80 rods Ina the
hose.
Mn. Baperintendest Death priduced the bonnet and hat,
sad a Itudluirchief which he saw the lather of the deseased
Skis out of the • ater.
George Furrow was examined.—Bnew the hat produced
to be Carsi'e. He Lad often sees him wear it. H. bad
hood Hon himself, and he 'knew it well. The hsocikerchtef
produced Slump to Cunt. Had soon him wear sad
had tied it on for him.
Jane CAA was math collide—The bonnet produced bee
Saud to demised. It was the sates she were when sue left
the Harrow on Idosclay afternoon. lied seen her with •
wedding riser es.
John Resale neessatioel.—Tee deceased had no ring on
either of bet ti leen settee she was taken out of the water.
Mr. Walrus Blasted Image, surgeon, of Bevy St.
Edmunds, diatribe., the app.:sues presented by the body,
and stated Lis opinion to be that the deceased died fram
suffocation ruulti JR truss immenion is the water. Was of
queen that Us had bees forcibly detained in the water and
held claws e, as to effeet her gametic'.
TM Coroner having gemmed up, the jury consulted for a
short time end returned a verdict of " W dfu l =sedates/that
George Carat," whereupon ihe coroner issued hie warrant
for the mowers ocassantsl to the county gaol for trial.

Ammons*vox or Bk. 'macs Joan% Flt
OP Yonz.—Wa bays nisi,,/ islormatios of the miss-
Moly desalt of this yams V 1161111•11, oaths. the following
"7 pacts' eirensmstaamis :-111. had gam out to California,
and ea tie 20th of October hat he was cruelly murdered, at
• plass assiod Musibuidt, having tslieo pi/rad with 14
woods by the ladies'. Me eompssiott, Mr. Bpr Mos (Ma
of tie imumbsat et D ahem), with his own buds
dug a grave ad hurled lust. lib then beaded s party in
wank or us. asaaa.vas, and poor Fryer's munkr was
'waged by the death of 18 of his murderers. Mr. I. I.
Pryor arm thstildest von of :OA Ws Xt. Fryer, Of this slsy.
masa.— ror4 &rd.!.

THE EXPRESS, FRIDAY EVENING, JANUARY 24, 1851.

they shall have secured to theme, they shell betaght the I
church catechism ; and also to the Independents, Beptists,
lloitarians, Wesleyan.. the as.. system shall be applied, by I
which, besid, a the wales institution whichshall be enforced
they shall be allowed to teach their various creeds
or camel:sots. Bet there is a large body la
Manchester and Belford, • large body lying in the
, very lowest stratum, as you may gay, of society,—
where education mat be embraced in soy plan, or that
plan must be worse than • mere pretence, for it must be '
nought with downright injustice and negligence to the
most necessitous portion of the community. (Cheers.) I
speak of the Hansa catholic population of Manchester and
SelMed—that population which was described in Dr. Kaye'.
pamphlet, writ en some 14 years ego (he is now Sir Kaye
Shuttlewortli), that part of the population of Manchester
and Salford which he his described, comprising 60,000 or
80,000 Irish, sU Roman catholic., " who have imported
into this city • great deal of that barbarism which has
unfortunately characterised the country from which they
have come." Any system which does not embrace that ponies
of the population cannot be entertained or tolerated for a
moment as • system. (Loud cheers.) I say, therefore,
that the proposal of the church party most mean that
money shall be paid out of the public rates to pro-
vide schooling for the whole of those Roman catholic
children, end, beside the secular instruction they shall re-
ceive, they shall be taught their own catechisms and be
permitted to observe their own religious c,remonies, pee-
-1 duly in the same way that the church of England or
I dissenting schools are snowed to do. Have three gentlemen
made up their minds this they will pay rates for the purpose
of the religious training of Roman catholic children ? I say
I should be a hypocrite if I expressed any great repugnance
myself to that which eball give these poor children en educe,
tion,even coupled with thas sort of instruction which I amours
to many here present would be very repugnant. Have they
made up their minds that the whole of the Roman catholic
children of Manchester shall b, taught their religion at the
expense of the ratepayers rf Manchester ? (Hear, hue)
Have they made up their minds when they talk of enforcing
the reading of the Bible—have they made up their minds
what version c f the Bible is tabs used ? (Cheers.) Has that
subject been discussed amongst them 1 His it b,en
settled, and do they mesa that the Dauay version of the
Bible should be used in these Roman catholic schools,
because it they do not mean that when they reek the able
the condition of receiving any schooling, then it is at oace
shutting the door most effectually to the instruction of the
Roman catholic children in this town. Do mot let any one
suppose for • moment that I am interposing three objections
as my own objections : they are what I have encountered for
the last fifteen yews. I well remember that as lung ago as
IB3i, about the time when Mr. Wyse, himself a catholic, and
Mr. anapests of Edinburgh, came here to enlighten us and
agitate us on the subject of education—l remember, so long
ago as that, having in my eountisig-house is Mosley.street
ministers of religion of every denomination in Manchester,
endeavouring to bring them to some sort of agreement on
a system of schooling. I believe the insuperable
difficulties I then encountered are increased now.
And these very gentlemen, who probably with the but
intentions hive brought forward this plan, will find before
they have taken ene.twentieth part of the trouble with it
which there are gentlemen in this room who have given to
the edscatioa question, they will find that they have at-
tempted an imp asibility, and will be compelled to turn
aside from what they have attempted to do, and to join our
'woks; if, as I sincerely hope and trust will be the case, we
do nothing in the meantime which shall repel them from
joining us. With regard to the diffinolties which have to
be encountered, they are precisely the difficulties that have
been encountered in the two other countries which are the
most closely resembled to us le their state of civilizetimi and
religion—America and Holland. Both have gene through
the Ammo ordeal. In the United States education was
moo religious. When the Pilgrim Fetters landed
there, no doubt the education which was given at
first embraced religion.' teaching. Every body wee
taught the some catechism, but as the number of sects
ineresaed, it was found that these religious queriens be-
came a great bone of contention in the schools. The Ameri-
cars have hail to go through precisely the suns ordeal that
we are going through tat this couatrv, and it his entail pre-
cisely as it .ill end la this country. The lundamental
principle is laid down in the fdassechusetts statute for erect-
ing common schools, which says that no bock shall be ad-
mitted into the schools, and nothing shall be taught in them
which favours the particular doctrines of say peculiar
Christian sect. (Hear, hear.) In Holland they hate come
to precisely the same conclusion: there they have adopted •
Secular system of education, because they have found it im
practicable to unite the religious bodies in any system of
combined religious incruction. (User, hear.) Now, I
think, gentlemen, if ever there was a time when it was
desirable more than another to try sod separate religious
education from seemlier Instruction, it is the present time:
and I will tell you why. We hove arrived at that
period when all the world is agreed that secular
education is a good thing for society. (Hear, hear.)
There ere no dissentients to that now, or if there be they
dare not avow themselves. (Cheers.) All are agreed this
It is • good thing that English boys and English girls
shall be taught to read, and writs, and spell, and as
mach grammar and geography as they can possib'y
imbibe. There is no difference of opinion about pat-
ting the elements of knowledge into the minds of
every child in this land, if it can be done. (Hear, hear.)
Bat whilst we are all united on that head, can any one who
moves is society for • mutest conceal from himself that we
have also arrived at a time when we have probably more
religions discord invreading over us than at almost any other
period of our history. (Hear, hear.) And when I speak of
religious discord, I don't mean merely the dissensions be-
tween Roman catholic* and protestant—l don't in the
slightest degree allude to them, except in so far as they
lead to schisms and controversies in the internal mate of other
religious bodies (It ear.) But I think that there is at the
present moment, looming in the distance, and not in the
very remote disonce either, a schism in the church of
England itself. I think you have two parties in that
church, the one probably more strong than the other in
numbers, but the other far more strong in intellect and
logic,—which are going to divide the church. I see the
Wesleyan body also torn mender by • schism which the
most sanguine ran hardly hope to see healed. ( Hear, hear.)
But I don't think several other religious bodies are perfecly
tranquil in their internal organisation. While we have the
prospect of these great internal dissensions in religious
bodies, and whilst we are all agreed that stealer education is
&desirable thing, would it be desirable if it cold be effected,
—would it be desirable if it were practicable, wk .en I believe
it is not, that oar national system of edncstion should be one,
united as It were, and bound up with the religious organise;
tioas, and by which the schisms that prevail in the churches
must necessarily be transferred with Increased virulence to
the schools? (Cheers.) For, bear you in naiad, that what
you see now pervading in the churches of Scotland, where
you have an irreconcileable dispute with regard to the ap-
pointment of masters to the parochial school', of Scotland, •
dispute between the Old Kirk and the Free Church. Recol-
lect, if what I my be correct, when you have an impending
schism in the Anglician Chunah, you will have precisely the
same diffinety in the appointment of masters. In one parish
the High Church party will predominate, and will dwell
upon the necessity of the master observing ell the old forms
of our church, and enforcing all the old ritusl and observan-
ces by the liturgy and canons, and, oar the other
hind, you will have the Low Church party dwelling upon
the vital essence of religion, and encouraging the discontinu-
ance of those forms which the other party regard as of
greater importance. And depend upon it, whilst these
discords pervade the churchee, you will have them in your
schools also, and the consequence will be thealnueased
inefficiency of the schoolmasters, end in some cases a disrup-
tion of the school stoat with the onogregatioast and
you will have to fight the battle again and
again in order to reconcile the unfurling religious
bodies, end in the end you will find yourselves
obliged to return to the secular system of education, which
the United States and Holland have been obliged to adopt,
and which we are hers met to advocate. (Cheers.) Gen-
tlemen, Mace I last had the pleasure of addressing you in
Manchester, I have been paying a visit to many places,
Birmingham, Leeds, Huddersfield, Boltoe, and elsewhere,
and there I have sought &private conference with numerous
bodies of gentlemen, Mutated in the oduatioe question.
I have especially sought a private interview with those who
have been supposed to differ from u, but who have been as
ardent advocates for education as yourselves—l mean the
liberal party of the dissenting body in different parts of the
kingdom, and have endeavoured to have a complete, and
quiet, and unrestricted discussion of these questions, because
I have thought it would be more likely to pat them in
possession of the general objects and intentions of this
essociation, which I believe have been much =toupee-
beaded and much misundeutood—(hear, bear) for I
felt that it would be better to pat Uses' in nor
minion in a private conference, of our plans and views,
mast than enter into an marquis:its discussion with
them in the public arena, where they might be com-
mitted to views which, I hope end sincerely trust, when
they have fully considered oar plans, they may be tattooed
to modify, and even to chaise. (Cheers) Now, I have
folioed, gentlemen, that one of the oblectlons that have
been made to our plan has been that alluded to by my
friend Mr. Schwabe, when he spoke of the vast number of
schools already in exietence; and the objection has been that
we ptoposs by our ohm to supersede all the existing schools,
and to render all existing schoolrooms valueless. Now, it
seems to me that the plans brought forward by cur friends
of the church party in Manchester, seem rather to iodicate
that they think they have caught in tripping, by offering
to avail themselves of schoolrooms already in existence,
assuming that we contemplated nothing of the kind. It
is my firm belief that if • system nob as we propose
were adopted, we should have no difficulty whatever in
getting an act of parliament to buy *local rate in Manchester,
if 'edged the corporation itself, as It does with respect to the
water works, does not take suck powers for renting the
safeties schools. If we have a system of rating for schools,
the effect will be to soureade all thus schools now pertly
impound ea the akiemseynary principle by charitable
touributioaa. I don't Noma' from myself whet I cannot
conceal from etkare, that if you establish free schools in
every parish, you will ultimately dose all the schools whisk
sow sail upon the poor people to pay 3d. or 4d. • week :
our free sehools will supersede then ere long, for if they
did not they would be nawertlty of the name of tuitional
nebula (Chum ) That being the Mies, I have never
considered that the aninting seheeireems were to be rendered
usher on that eceotat, fir I have always considered that
they might be purchased la precisely the mate way as
Mt. Schwabe has suggested. They might be rented ea the
week days, and left on the Saadi" in the hands of the dab-
east ungregatioss for the repose of retie:as teeehing. This
lo a matter of detail, bat I should have been considered as
asking rather a rash were., U I had contemplated diming the
=schools, and wasting the vast amount of capital that
so expended is Wars and mortar for the erecian of
'MAU* inketils. (Hear, beer.) Another objection of our din
onsiog Meads when I have been, Is that by our system
mein gdgcatioa is separated from religious instruction. I

bare found everywhere • pentane:torn resolution to mantels
that the teaching people reading,. writing, arithmetic, and •
little geoeraphy and grammar, is a system inimical to reli-
dion. Now I have found a most curious refutation of Ws
octrine wherever I have been, in the practice of the very
parties who have objected to us. I remember at Birming-
ham I found a proprietary school built by • joint
stock association, by men of every religious done
stiostioa. I heard, is f.ct, of a clergyman of
the church of England sending his eon to it. Well, in that
school there wee no religion taught, and yet I found the
very parties who objected to as were lending their sons to
schools where secular education is avowedly separated from
religious teaching. (Lind cheers.) Again, in Yorkshire—
I was present at • meeting is Yorkshire, when ens geode
man mat stoutly main slued it wee utterly impossible to
separate religious from secular iostruction. It was in
Haddonfield. Well, another gentleman said to him,
" How can you possibly maintain that doctrine, because you
know teat our Huddersfield college here could not exist •
day, unless we all consented to totally, and al'ogether
separate religious instruction from the nosier teaching in
that institution; and you snow you have sent your own
son to that college, and he has 1311Vrt received soy religious
instruction there.' And I must sty that that gentleman
was silent for the rest of the evening. (Cheers.) But I also
found that at Huddersfield, they have in connexion
with th.tr Mechanics' Institaties • very excellent school for
young children, not for adiets, but for you .g children, and
they may go and enjoy the benefits of this institution for a
week by subeeribing, I think it is 3id. They are given the
smallest possible doses, because the directors wisely set that
the gin shops and such places tusks as little as twopease
worth, as a tom, and therefore they have allowed children
tooome t 3 this institutilo, and take • week's trial, and thous'
they may perhaps be induced to repeat the doss. (Chem.)
But I find that the children who are admitted to the schools
in the Huddersfield Mechanics Institution, and I believe
there are some hundreds in these moat admirable echo ds,
receive no religious education. The szbooli are founded on
the principle of excluding religious education. I don't know
who her tte Bible exists in the Mechanic"' Institution
library, but it it does it is merely as a book of reference
like all the other books,—they never profess to use
it as a school book, by way of teaching religion.
And what I say of the institution of Rudders-
lield,"applin generally to the mechanics' institutions of
the Yorkshire Coin°, of which Mr. Baines is the president.
(Ileac, hear.) In the schools connected with those mechanics'
institutions there is no religion taught, or professed to be
taught. I have found everywhere in the course of my
travels, that gentlemen have afforded in their own practice
the best possible augury of our future sucoess, and the best
risible refutation of their own principles. Well, gentle.
men, I have heard it said where I have been, that the volun-
tary principle has succeeded very well. I have heard that
maintained by many men for whom, judgment on other
matters I should entertain great respect. But 1 am glad that
amongst other advantages which we have gained from our
friends of the Church Society who have come forward is the
town within the last week, I am glad we have got a eorrobora-
tion of the doctrine with which we shined, that the existing
system of schooling is very defective. The Church Society
tell us,—which I believe we were pretty well
aware of bettors that we have a great multitude
. .

of school houses, but they are badly attended. The
instruction given in them Ii not sufficiently good to attract
children to them. Well, the great fallacy with regard to the
statistics of education that we have hitherto bad has been,
that we have taken schoolhouses for schooling, and mistaken
bricks and mortar for good masters. (Loud cheers) I have
no doubt there have been vest efforts to build schools, and
that it is a very easy thing to galvanise an eff at in a corers
ration to raise • eebo it. And nothing is so common in men's
mioda as to think that when they have raised a school, they
have done great things for education. But I want to know
what bricks and mortar do for efucation ? The gentlemen
connected with this church-school system tell us that these
schools in a great number of cases stand idle, and children
don't come to them. la connexion with this p .int, I have
heard it mentioned wh I have been—and it is a curios.
thing that I should go from Manchester and not carry it with
me, but hear it wherever I have been—l have heard it said,
"You have plenty of schools, but the people won't
attend them ; and until you adopt some principle
of c .mpuision, and adopt a coercive principle, it is of no use
building schools, for the children will not attend them."
1 hove told them that we do not go so far as that yet. if you
have good schools and schoolmasters I am firmly persuaded
you wilt fill your schools; but if then you should find
that people will bring up their children in idleness tied
ignorance, I do not know that is would be such an in-
tringentent upon the liberty of the subject if you did adopt
some plan, first of all, perhaps, to seduce or bribe parents
to bead their children to school, or, it that would not do, to
try • little compulsion. Mr. Cobden pence.. ded to say that
some of the dissenters years ago objected that they could
not take money raised by taxes ter teaching religion in
schools; and now, when it was proposed to accommodate
them, by separating the religious from the secular, we were
told by them that it was contrary to their religious convic.
tious to separate them. (A3plutu.) He must say he
ti; ought such a course, if persevered in, would go very tar to
alienate the listings of the great mug of the communi y;
and as there was in <ordain districts reason to tear that a
great number of the working Messes were not in community
wish either dissect er church, he feared it would very
mace alienate them from those who took an Impractical:es
course—c course which should prevent the diffusion
of education among the working muse by setting up ob-
steel's which it would be imp imihle for ration.' mire to
remove. It these gen'lemen had a due appreciation of the
value of secular knowledge, he put it to them, did they not
value it in their own case and that of their families? lie
wished to know it such parties did er aid nut believe that
secular knowledge was good in itself? (C osers.) Where
was our boasted superiority over Frenchmen, Germans,
Danes, ann Italians, when the American Minister could come
to our town hall and taunt us with the ignorance of our
peope, no one cluing to use up and gay we bad done as
mace es they had in Amnia*? He agreed with Mr. Law-
fence that there was danger in such a state of things, and
that not a day should be tut till it was remedied. Toe hoe.
gentleman advised the association to punt', its own course
steadily, showing no opposition to anyhu ty, but inviting the
concurrence el every one; and it he weld be of service on
any d Tutation, even to the new body who had come forward
in ibis town, to aid in removing say difficulties to unity of
effort, he should be most happy to give his services. (fbe
bun, gentleman resumed his seat amidst prolonged cheering.)
The Right lion. T. MILNER OIbSON, hi P., was re-
ceived with loud cheering. He said he tally concurred in
the principles of the association, and had therefore much
pleasure in seconding the resolution. He had uniformly
supported those principles both in and out of parliament,
whenever the opportunity had presented itself, to the best of
his ability ; and he had never seen any reason to alter or
modify his own convictions of their justice, or to doubt that
envenom:a understood, they would be generally adopted by the
people of the United Kirgdom. (Hear.) He had found among
members of parliament, who tolerably faithfully represented
what they believed to be the opinions of those who returned
them, in their private eon dons nay, "The principle of
the Public School Association is all right, but don't touch it,
for if you do, you will endanger your seat, as it is not under-
stood, and you will bothered with indifference to religion."
(Laughter.) This was exactly the sort of impression on the
minds of many honourable representatives of the people in
the House of Commons. In short there was great timidity
in meddling with the question, (eroded, he admitted, upon
motives not unworthy of considerable approbation, namely,
a desire not to be supposed to underage the importance of
religion u one of the nout mighty agents in human affairs,
sad a desire, also, not to do anything that might tend to
sheik the religions sentiment of the community. (Hoar,
, hear) He could appreciate and undentaud these motives;
and, as they netted, tt was important that the aaeocistioa
should Instruct the public wand, in order to remove all sets-
apprehension. It was not his wish or intention to deny that
a vast deal of moral and religious interaction was amemary
to complete a man's education over and above that which he
would receive in the schools established upon the principles
of this ~asseetatioa. He would, however, call that rather
a system of primary instruction than of education, though
it was a portion of education upon the necessity and vales
lof which all were agreed. But what was the design and
intention of the association? Simply to place within the
reach of the humblest and meat neglected cleans the means
of acquiring that knowledge of things which would be
' useful to them in incurs lite, when they might be called
upon to take an active part of the business of the world.
The religious tuichiag would be a separate matter, with
which the association declined to interfere. In this system
of free day snook, then, he contemplated nothing but the
giving of primary instruction, as a necessary part of all
tdosation,—giving to every person the means of reading
I the Bible, or any other book, and of being made
capable of acquiring that miscellaneous knowledge which
would be neat eery hereafter for his progress through
life. (Hear, hear) It this asuoiatien protested to combine
religious with secular instruction, &alto teach them through
the same person, and at the same time, they would do
neither well. On the contrary, if the object was to secure
Maoism secular as well as efficient religious inieruction, they
mast be separate, foe the attempt to untie them would tent
der both lose efficient than they might be. He had high
autoority for this opinion—that of tee Archbishop of Can-
terbury. (Cheers.) The Archbishop, in a recite; letter, said
the schoolmaster was a moat valuable member of society—
but he waisted that authoritative influence which It was
neeessuy that a religious teacher should peerage, and if we '
left the schoolmaster to be the teacher of religion we should
not have religion communicated in the most likely way to
influence the feelings and conduct of its recipients. He
(Mr. °them) fatly concurred in One sentiments, sad
woe pretty sure that the association would willingly
adopt them. Hitherto, be believed, the objects
of the ululation had been very much misunderstood. Its
supporters had been supposed to be the advocates of a aye
tem which was to prevent religion from being taught alto-
gether ; iodud, there seemed to be an interpretation pat
upon their proceedings to the effect that they were going to
apply for an set of parliameat to prevent religious imam:-
tun from bring given. Bat, seeing the efforts that
they were milting to secure the spread of education, and
to place the case before the country in its true light. he had
no doubt that the common sense of the people of England
would come to the reseue upon this occasion, and that we
should, in due time, gee free schools opened over the length
and breadth of the laud—schools that should be unsectarian,
but no- 4rellgbas ; giving plain elementary Manua
don, simply taught by a uhoolentiater,aad completely
dissociated from everything connected with doctri-
nal and 'tallith(' teaching. (Loud cheers.) In coop
elusion, the right hoe. gentleman begged to say,'.
that whatever humble serails, he could render to the cause,
either is or out of parliament, should, with most un-
feigned sincerity, be placed at the disposal of the used'.
rise, feeling, as he did, tries the report which bad just
hen read, and from the prioeipl, s has had heard enun-
ciated, that he 'mold do so with the utmost confidence.
(Rsnewed cheers.)
Sentra other gentlemen earlresged the meeting, iccluiing
U. Phil*, Rate., and tits Bra W. illAerrow.

Rain intelligence.

employed by the defendant to sing as a chorus sing, r in an
opera called the" Crown Diamonds," which was produced at
the defendant's theatre. The action was brought on the
ground that it was the duty of Mr. Maddox to hive suffi-
ciently fenced off and lighted this aperture sou to prevent
a person from falling int,. it. The action was tried before
Mr. Juni!. Brie, when a verdict was found for the plainsuf,
dam es 301. A tule nisi to rarest the judgment was ob-
tained by Mr. M. Chambers, Q.C., on the ground that the
allegation in the declaration that it was the duty of the de-
fendant to have lighted end fenced off the avenue an the
mrsz.iline flier, was lot proved.
Mr. D. D. Keene and another leerned gentleman now ap-
peared to show cause against the rule, and contended that it
was the duty of the defendant to have sufficiently guarded
the hole by ita being fenced off and lighted. Tod risk
+bids the plaintiff undertook was merely that of an orcli..ary
risk which a servant undertook, and that was not to do any-
thing which would peril his life.
Mr. M. Chambers, Q.C. (Mr. Hawkins was with him)
contended that the declaration was bad incsu,• it sec out a
duty on the part of the defendant, which duty did not exist
taking into consideration the situation in which they sto to
each, viz., that of muter and servant. The plaintiff was
not exposed to more risk than other people, and
accident would not have occurred had he nut hurried off the
stage to his drossiiig.room in order to take off bit theatrical
dr..., so that he might go to the Haymarket Theatre to
fulfil another engagement, and consequ.ntly did not to as
carefully as he ought to have dune, and thus fell inti the
hole. .

EQUITY COURTS.-YMERDAY.

BOO= TSB LOAD CSAVCILLOS.
INSIZI S. S♦YMIL-WILL.-N.[ECI'TIOX OF ♦ POWER.-

CHARITY

This was an appeal agaTeiTta—eireision of Vice-Chsocelloe
Sir J. Wigrom, under the following circutestai ma : Mrs.
Imes, by her will made in 1834, gave to the treasurer of
the Sailors' Home 1,0001. in the Three per Cent. Consols;
to of the Strangers' Friend Society 1 0001. in
the Three per Cent. Consols; to the British and 1, saga
Bible Society 6001. in the Three per Cent. Consols; and
6001. in the same stocks to the Church Idissi,mary Society ;
and to Harriet lonia 6001 io the Three per Cent. Cowls.
Toe remainder in the Tneee per Cents., sod three separate
sums it the Three and-a-1101f per Cents., with 1001. a year
Long Annuities, and any other property she might die pee-
mud; of, she gave to her brothers,,, upon certain trusts.
She Made several codicils to the will, the last of them being
dated in 1836, and at the foot of it were these words, " This
will has not been witnessed, am I intend, if I am so teed, to '
write it out fair." The testatrix died in 1844, leaving the
wall and codicils all unattested. They were all admired to
probate in the Ecclesiastical Court. A suit was then ierituted
'in this court for the administration of the estate of the
testatrix. She had no children and her husband had
predeceased her many years. It appeared that at the date
of the said will the testatrix was entitled under her marriage
settlement (dated in 1900) to 1,826 L Three per Cent. Con-
sols, with power to appoint 1000/. thereof by her will :o be
'• by her signed, sealed, and published in the pretence of
two or more witnesses," and, in default of appointment, the
said fond was to go to her next of kin. She was also en-
titled, under the will of her husband, to the dividends on
10,0001. Three per Cent. Consols, 6,0001. Three-andta- Half
per Cents., 3001. Long Annuities, and 1,6001. Three per
Cents. Reduced for her life, with remainder as to one-third
part of all these sums to such person or persons ae sloe
should, by deed duly ted, or by will " attested by two
or more witnesses," appoint; and in default of such ap-
pointment, all throe funds were by the heebend's will be-
queathed to his brother's children. The testatrix did not
in her will refer to either of these powers. She had several
other sums of her own, to which she was aloe ilutely entitled,
standing in the Three-and-a-Half per Cents, and making
together at her death about 12,000/. The quell ,n in the
cause upon further directions was, whether the appaiettnent
of the four gifts to the charities atiovementioned were valid
without the prescribed form of attestation of the will, or
reference therein to the powers of appointment contained
in the former instruments, and whether the gifts were to be
considered u specific or general legacies. The Vice• Chancellor
held that the 1-guies were general and were well appointed,
upt,n this prieciple, that if a person has power, as this testa-
trix had, to give property, and has by some writing clearly
shown that he intended to give it, although the writing by
which he purports to give it is, for want of some formality,
ineffectual for the purpose, yet the party having the power to
give by an effectual writing, and hung shown an intention
to give, a Court of Equity will, in cue of a charity, give full
effect to the writing or instrument to do what was so in-
tended. The next of kin and persons interested in the
residuary estates of the testatrix and of her husband appealed
against the Vim Chancellor's decree.
Mr. Roll, Mr. Faber, and Mr. Headlam, for the appellants,
contended that the grant of probates by the court gale-
sintical ought not to be regarded by this court as a question
whether the will was &valid execution of the powers—" Rich
v. Cockell " t 9 Veuy, 369). The testatrix did not in thin
alleged will and codicils refer at all to the p swore in her
marriage settlement and in her husband's will, and the will
was Oct attested en required by the powers. There did not
in these papers called a will appear any intention to exercise
the powers. But supposing the powers to have Men well
executed, the gilts could not be held to be general legacies
in spite of the express references made to the stocks of which
the gifts were made. It would be a straining of the autho-
rities to say that these gifts should be established because
they were made to cherries. There was no case yet decided
supplying the defective execution of powers to this extent.
The cases hitherto were confined to the want of surrender of
copynolds to the use of the will by which they were be-
nueatbed, and the omission to levy flues or suffer recoveries
of estates tail. This court has gone to the extent of sup-
plying those detects in the extcutitto of powers in favour of
charities.

Toe Attorney-Oenersl and Mr. Pirie, in behalf of the trus-
tees of the will of the v statriz and her husband, supported
the Vine-Chancell r's decree.

Mr. Glace, for the treasurer of the Sailors' Home, Mr.
Lloyd and Mr. Cankriso, for the, Strangers' Friend Society,
and Mr. Wood and Mr. Begun Hay, but the Brinell and Fo-
reign Bible Society and for the Church Miuionary Society,
alto supported the decree of the Vice.Chancllor.
The following eases were cited among many others, via ,
"the Attorney. General v. Rye" (and the eases therein re-
ferred to), and " The Attorney General v. Burdett" (both
reported in 2 Vernon, pp. 453 and 755); " Piggott v.
Panties" (Precedents Chancery, 471, and Duke's Charit
able Vs.', 385); "The Attorney-General v. Andrews"
(1 Vesey,senr., 2'25); "The At oruepOen. ral v. Tancred "
(1 Eden, 10; 1 Sugden on rowen, 267 sixth edition);
" incorporated Society v. Richards" (1 D:ury and Warren,
259); " Douglas v. Cooper " (3 Mylne and Keen, 378) ;
" S enders v. Sanders" (3 Tonga and Jervis); " Lewis v.
Leerellie " (Turner and Ruseell, 104.)
Mr. Mit'. reply was adjourned, the Lord Chancellor being
obliged to go away at halt-past 2 o'clock.

Barote rot AlArraa or rex Rou.s.
CLOWtS V. BVCIL.—iNIVNCTION.

Mr. T rrrrr and Mr, Craig were heard for the plaintiff in
this ease, in support of the injunction to restrain the de.
fendant from removing stones and shingle from the sea shore,
between high and low water mark, near the plaintiff's
land, in the parish of C•ister Bardolpb, Norfolk ; end Mr
Rouprll, for the defendant, replied in support of the motion
to discharge such injunction.
. . .

The Master of theltolls said that the right of the defend-
ant, who was a surveyor of roads, and took the stones in
question for the purpose of repairing them, depended on cus-
tom. The powers given by act of vehement, and the right
of the plaintiff depended on a grant from the cr-ivo. These
were legal questions, which could only be decided in a court
of law. The only question be had to determine wee
whether he should continue the injunction ui.til the leg.'
right was tried ; and, considering that the plaintiff, whoee
house was only 100 yards from the shore, was likely to
suffer great injury frm the washings of the sea it the stones
and shingle were removed, and ¶hat, on the other side, no
great Inconvenience would be sustained except the carage of
etenes a few additional miles, he should continue the injunc-
tion, giving leave to bring an action to try the legal right.
COURT OF QUEEN'S BENCH.—TESTERDAT.
&winos in BANCOL-81evas Loco CLANTDIILL, YoL ATMS PATIO-
-

[sop, Ma. Jurrice Coutamor, AND lia. Jusncs BALE.
TAYLOR E. H•WEINE —SLANDER.

This was an aitirnWii;liWaslt,riiiipiit;Ythe plaintiff
against his former employer, an ironmonger, to recover com-
pensation in (lounges for certain slanderous expressione used
by the defendant of the plaintiff. The s!andvrous wards
were alleged to have been uttered on two accustom—once,
in the presence of a stranger, and, on the other Demise,
they were addressed to the plaintiff's brother. The facts of
the case were these:—lt appeared that during the time the
plaintiff was in the service of the defendant a certain ticket
which the plaintiff had given to the cashier is the defen-
ds:lt's shop as a check upon an amount which the plaintiff
had received front a customer was found to be altered from
Ils. 94d. to 6s. 9id. The defendant had reason to believe
that the plaintiff bad improperly made this alteration, and he
asked a friend, named Thwaltas, to be present whilst he die-
missed the plaintiff from his service. He then told the'
plaintiff, in the presence of Tbwaites, the reasons why he
dismissed him. 8 'on after the dismissal of the plaintiff, his
brother called upon the defendant, and asked the reason
why be had treated his brother in the manner he had done.
The defendant thereupon told him that he believed that the
plaintiff had sot only robbed him on the occasion when he
el-missed him, but had been in the habit of robbing him for
years. The plaintiff then brought his action for slander,
end the ease was tried before Mr. Justice Erie, and a wee-'
diet was found (or the plaintiff, 601. damages, 301. being in
respect of the slander alleged to be uttered by the defendant
when he dismissed the plaintiff, and 301 on account of the
slanderous words spoken to the plaintiff's brother. Mr.
Huintrey, Q.O , had obtained a rule nisi to enter a verdict
for the defendant, or for a new trial.
Mr. Berjeant Shia cow showed clues against tke rule, and
Mr. Hatufrey, Q.C., supported it.
Lord Campbell said that he was of opinion that the com-
munication which the defendant had made was a privileged
communication. It was a question for the jury to say
whether there was any malice in the communication. It
seemed to him (Lord Campbell) that the defendant had only
acted as an honourable and prudent man would have dons.
He was dismissing a man on account of a theft which he had
committed, and it was necessary that a person ehould be
present to see that he was dismissed, and to know the reasons
of the dismissal. Under such circumstances. it would be
hard itideed if a man were liable to an action for slander for
acting in such a manner. Lord Ellenborough had said
that the transactions of life ought not to be beset
with actions for slander. He (Lord Campbell) thought
that the learned judge should have told the jury that
there was no evidence of malice upon the first count, and the
rule must he made absolute to enter the verdict for the de-
fondant on that count. With regard to the second count,
that could not be uttered for the defendant, because there
had been no leave reserved to do so. But looking at the
evidence offered at the trial with respect to that count, he
(Lord Campbell) thought ale), that the learned judge ought
to have told the jury that there was no evidence et malice,
because the defendant had said no more to the plsintifre
brotaer than it was necessary for him as an honest, prudent,
au hanourable man. The brother of the plaintiff came to
the defendant and said, " Why do you refuse to give my bro-
ther a character ?" The defendant was thereupon bound to
state his reasons for dismitelog the plaintiff from his service,
end for declining to give him a character. The reason was,
that the plaintiff was not only guilty of the particular fraud
for which be had been dismissed, but had been in the habit
of robbing foe years. The ride must therefore be made
absolute to enter the verdict for the defendant on the first
count.
. .

The rest of their lordships expressed a similes ophtioa.
It wee agreed ia this case by the learned counsel es both
sides that a stet pre:emus should be entered, which would
pat a stop to all further proceedings, and each party would
therefore have topxy his owe soots.
BRTROITR e. MADDOX.—ACTION AGAINST THR LATH
LESSIII OF Till PRINCRIS'S T RRRRRR FOR TNII PLAINTIFF
RATING BRORRN HIS LIG WHILST SMPLOIRD AT Till
THEATII.

This wu an adios 'hid' had been brought by a chorus
oinaer agent: Mr. Maddox, who had been the lessee of the
Princess's Theatre, for the injury which the plaintiff had
sustained by fillies through a bole is men •lies, or false
flow, which was under the stage. It appeared that the so-
client occurred in the year 1849, when the plaintiff was

Lord Campbell said that he was of opinion that the
rutein this CAN, to
made absolute. The facts set out in the decler,ition
did not raise the duty enticed, because the mere
allegation that these tattles stood in the relation of
muter and servant to each other did not show that any such
duty was imposed upon the deft n last as Ire plaintiff 'deed.
Then came the question what was the effect of the positive
all. gation which was to be found in this declaration which
was, that it was the duty of the derendent to have guarded
this hole. It was wholly immateriel to introduce such an
allegation into • declaratimi upon an action upon the rose
where the facts showed it was the duty of the defendant
to do the thing stated in the declaration; and where the facts
of the case showed that it was not the duty of the dele,,lent,
the mere statement that it was his duty would not task : the
declaration • good one. Is the present case, the dec..irwiou
was bad, because, it we. not the duty of the deten.ien! to
hate guarded the fence as the plaintiff alleged that it was,
and therefore the rule must be mode absolute to arrest the
judgment.
The rest of the judges concurred.
Rule absolute accordingly.

PREROGATIVE COURT.—YESTERDAY.
Barna Bra U. I. Fuer.
BIDDULPiI V. BIDDULPII AND OTHEHOI.

The ooarcgeee judgment is thia tel7;e:entarycause today.
It was argued during the sittings after Trinity term and had
stood over with a stair to a compromise, which had not
been effected.

The learned Judge said the deceased in the case was Mr.
Benjamin Biddulph, late of Bird Hill, near Hereford. Mc
died possessed of considerable personalty, amounting to
about 70,0401, and also real property to tne
of about 2,0001. a year. The deceased had never been
married, and had arrived at the sae of 75 years. lic left
its cousins g. frau, who would be entitled to his property
if he had died intestate. His death took place oo the 13 h of
June, 1840, and it appeared that the will in question had
b. en emitted on the 7th of the same mouth, it being the
first testamentary paper he had mete. The if ct et tart
itstrumeut was generally to give to the relative a on the
father's side • untedi larger proportion of the property than
to Were on the mother's side, and made • considerable
difference with regard to the interests of those who would
come in under an intestacy. some of the children
of the cousins-german being left entirely without Oil) pro-
vision. The allegation given in the cause pleaded that the
deceased entertained and evinced a great affection for his
neat at kin and their bundled and more especially tor the
families of Mr. John Biddulph, of Ledoury, ant; Mr,
Paillips, of Longworth ; sod alai that the deceased had ever
eutertained the opinion until he gave his instructions for
his will, that his cousins german once removed would share
his estate and effects as well as his cousins german. This
was the ground upon which the distribution under the will
was accounted fur, and tke court would proceed to consider
whether these facts were made out by the evidence. Toe
evidence as to the testator's regard and affection for
tbe two families of Biddulph and Philips was not of
a nature to lead the court to suppose such a un-
equal distribution would be suede. One witness,
an intimate friend of the deceased, upon being ques-
tioned on the point, stated he was not aware that
gentleman had any particular regard fur the parties In
question above what he entertained for the rest of his nest
to kin, and although another witness, Miss Bowyer, e mod
to be rather of • contrary opinion, yet it was clear if be bad
an attachment for one part of the family more than the other,
it was ;or the family of his cousin, blise:Jahe Poole. Every
witness seemed to concur:in thelepiniun that the decease it was
particularly attached to her and her sister, both bring un-
fortunately under great satiation,; that be used tee visit
them, and showed them ki-dawn on every occasion he
could. This being the state of the deceased's oiled wan re-
gard to his relations the probability was that it he had
recollected these ladies be would have left them
some portion of hie property instead of omit; mg
all mention of them in his will. The question therefor.. was,
what was the state and condition of the deceased at the time
the preparation of the will took place, and also at its
alleged execution. The evideuce on this point depended
very much upon the opinions formed by the =admit pr•oti-
tioners who at'ended the deceased. It was ;dated that his
general char: over was one of indecision ; that he n. Ter
originated anything or made up his mind on any point. It
appeared, however, he had been a magistrate of the county,
and was chairman of one or two boards in the neighbourmod
of Hereford ; and therefore he must be taken to have
been • person of some considerable degree of education
and knowledge up to • very late period of his life, and the
evidence upon the paint, instead of showing indecision of
character, rather tended to a contrary conclusion. The
learned judge then referred to the evidence of the medical
men, as to the capacity of the deceased on the 7th June,
1849, the date of the testamentary paper, which left it very
doubtful whether the deceased was capable of executing a
will, such as that before the court. A cording to the cases
decided upon the point, although • testator might be com-
petent to undertake • simple nutter of business, yet he
might not have judgment axed disp.eing memory suffi-
cient to substantiate • testamentary capacity, liners
the act to be performed was at all intricate.
The 1 d Judge then referred at some length to the cir-
cumstances attending the preparation and executors of the
will in question, which had been drawn up from the fugue-
dons of a seemed, but uninterested, party ; nut one syllable
of them coming from the testator, with the exception of a
suggestion respecting his having b irred the entail of an
estate in Hertfordshire, and his wish that it should get back

again, the estate in question having been disposed of •t least
50 year. previously. Looking at all the circumstances
detailed in the evidence, it would be imp ,sabie fur
the oourt to say the deceased was of sound mind, me-
mory, and understanding at the time of asking
this will ; he never referred' to it again oa any
occasion, or adverted to it or made any obmivation tending
to confirm the fact of his knowielge of its existence. The
court might ask why were the two Mies Poole. passed over ?
There was nothing whatever to account fur the otuiaien of
Kiss Jane Poole's name. It could not, therefore, be raid
that under the circumstances there was anything like that
degree of capacity shown which was required by the court
to give effect to • disposition of property which would pre-
judice those who by law would Do entitled to it. It could
not be said that tha deceased, considering the way in which
the instructions were taken, had judgment and perfect me-
mory, espocially when those who had claims upon him, t ad for
whom he had imp d great regard and affection, were left
entirely unprovided for. The court was clearly of opioi,,n
the proof of capacity was deficient; these were omieeons
which could not be Geminated (or except oa the suppeattion
I that he had no affection for the parties to whom the property
would descend in the event of his dying without mak,. g a
will. Under all the eirciiinstanes, therefore, he (the leagued
judge) was of opinion the proof was inadequate to sueain
the will, although it certainly did not appear the deceased
was incapable, under any circumstance., of executing • will.
If ;the thstrument had been a complete and efflatevms
will, then the case would have mamma • very
different aspect • but here there WWI not judgment,
reflection, or perfect memory ; therefore, the court could by
no means conolads that the deceased was at this time of p. r-

i7ctrreomuncinii;" i,-mentory, or wideretanding. and esble
of doing any act requiring judgment and redaction. Upon
the whole the Court felt bound to pronounce swans; the
will. It saw no reason to impute soychion improper to the
promoters of the paper ; they had only failed to [whys all
the feels whirl were mammy, and therslore, in proncunc-
lug against the instrument, the Court would order the costs
of both parties to be paid oat of the estate.

WESTMINSTER COUNTY COURT.-YESTERDAt.

BANDAR Femme BAnAT, FAA.
TNN LTCIDX OACHNITILL.—RAcastaam AND 0/NIAB

___ __ ____ _________. ----- —...—........
V. Moraines.
The plaintiff. in this case sought to recover, ?septette, ly,
lii 155., 81. 16i., 111. 101., 111. 10s., 91. 15e. 191.' for ser-
vices rendered to the defendant. whilst towed by him
under their leader, Mr. Frank Seines, to perform is the
orchestra at the Lyoentes Theatre, during the seasons of
1849, 1860.
Mr. De Liman, for the plaintiffs, called Mr. Frank
Eames, the leader of the band' who recapitulate ; hts former
statement, reported in the Express, January 8, as to
hisengagement by the defendant to form en orchestra at a
certain sum, everything being, as customary, left to his
responsibility. The witness further added, that upon one
occasion he was written to for payment of money owing to a
moo discharged, and that he applied to Mr. Mathews for
advice; tba advice given was, that as he (Essaw) wee only
an agent to Mr. Mathews, Kr. Mathews would bold himself
reepomible.
In croseessmination the witness slid it was tot
customary for leaders to apprise the managers of mime-
. meets, illness, dismissals, or salaries of the orchestra under
1 them. With respect to a multitude of Questions of accounts,
! witness stated that it wee net to be supposed that Mr.
Mathews would be troubled with their details, and he left
that to his agent. He never paid any money out of his
own pocket to any of the bend.
Mr. Riekstraw deposed to his elegagemen., and corrobo•
' rated the 'Mese. of Mr. Baste.
Mr. Wiekett said he was second leader of the nrchestra,
and after confirming the previous statements, said he had
I been engaged similarly at the Princeies Theatre, under Mr.
Maddox, and that be eeeee thought for a moment that he
was responsible for the band.
Mr. Thorlwell 'Wed that he had ts.7irVip
Drnry.lane, Covent Gudon, Olympic, sat \,e,,,,
.7 • 7,7 <— 'l`, -
bslsare-
,,. L , • , ,I, ::14 v
i . \

~~.

Olt Man woo fee Me suesper, or his aunt, to apply
to a leader fee a bead. and rate the um that would be paid
far i!. Teat the hider spurtiosed tN salutes eel dries
se he thoueht beet I. his Odissent. Wi Inspect I. payroll
the orchestra, it venal, ellailtienee the thrower through
his truism. se the Midst, Or at time the mitaind eopynt,
paid ; but wheeler paid, mesas ever looked for the room of
mutat Woe through th• sauser's treasury. In croas•
esambaatitse, the sitars and it we Mways wy for the
manager to haw haw math he was Is debt.
Mr. Higbee, a Madge of ereliestres, wisinud the tied
may of the runes winnows.
Mr. Mathews sae he did sot ink to erode unmet, nor
did he, se was represented, al. ere te make Mr. lames
mpoe.thle for the Warns of the Dud; N *sly emend as
@voluble adottmeat of the matter—Se have Ii settled.
The fact wee, he had segeged Mr. Mum te fans a head
far 20J. per week. sad that M had span mere this enes
en mini hod to wapitis of the lailleer is which they
platen. A hots, for isotasee, wee es wet of tau, that his
owlier, Mr Frank MatbesS, Wl* MO • better judge el
mane than himself, told him that that Uwe mast be emend
The 'adieus le frost had repeatedly sand his mesas roe
treble; rod epos tee cosesio• el his wrekeetre lune, him
altogether withoet music, the atialeliee were is • mate of
enters (Roan of laughter.) Mr. Hums and the public
would suer to think I wished to shift my liability epos him.
In 1060, de• twee bele, very hot, aid KWH., b 7 sop,.
mime me Iroiag 2,0001., he was determieed to close the theatre
and inert is provincial etiesgemeat, whereby he weld have
rosined 4001, cs 6001. Upon this being hirma a mestizo
of the performers to,A plus in the aloof', and he
was nosested to carry it OS epos other ..rouude.
It bed been st.tei that his perfumers had made
some entilooe for him, sad he agreed to forego his tour if
the; gull IMO to Senna. Mr. HMIs wee present at this
meetirg, as the representative of the orchestra, and after
the terms were peepoeed, Mr. Plana' said that all who
would not sew dissent to the proposition' must be caniiidtred
as aesentleg. Mr. lames did sot diseent. H weal down to
the bend himself. ( Hera a large black leather pm: meatiest'
filled with eummemees we opened.) He did sot knew how
may notemesesi be hod had, son did he know bow many more
be nand have, mimeM knew to whom M woo indebted,
for it wee his belief that sang of the same seat is by Mr.
Eames were sot is his boss*. He pot is sevend who were
at Hellen end J ellies's at the time. All he required woo
to knew to whom he we to pro it.
The teemed Judge observed that at brit he was 'Wined
to look upon the evidence in the lir t of Mr. Zanies ho Mg a
tontruting unit. He had new ems to the cooelusi,m,
from the 'greenest and Mr. Mathews'. statement, that Mr.
MAIM@ wee the gest of the defendant. He had so hesi-
tance in 'epos Mr. Mathews was liable to pay the amount
sued for.
Verdict fee plaintiff., with rods
Upon tin qeestion of payment, Mr. Mathews teedered
281. pee week lee the whole of the bead. Ton was laughed
at, bed Mr. Krokstraw remarked that Mr. Mathews had
already killed to pay what he we ordered last fortnight to
do. It wee ultimately 'fleeced that the amount should be
21. per week is each ewe.

SWANSEA PETTY SESSIONS.
Ts. O. 'Awl.
JOAN (HIM, appease*, in compliance with a tneamons
issued against him on the information of Arbor Jones,
, of the Bryn, Slimy, abaegiag him with having com-
mitted an offence against the guise laws, by %Wag a gen
and dog I. pursuit of game, not having a game certificate,
agates% the form of the statute, &c. Defendant pleaded sot

•
guilty.
Mr. Tripp 'premed in support of the information, and
celled
Lewis Davies, a watcher in the employ of Mr. A. Jones,
w►o, on being sworn, sold—On the 24th of December last,
between the hours of one end three in the afternoon, I
sow def. admit, JIM* 6dfft►s, on Wennerlloym Farm, in
the pooh of Swansea, in company with M►. Joseph
Butter. When I Ent saw his defendant had a gun in his
band, end there were three dogs with him—a grerhound,
a setter, and a enamel. I watched defendant, and sow him
go on Me Tetrad farm, in the same parish. The fermi
adjoin each num. Saw defendant, whilst on t►e Yawed
tam, level his gun, and fire at four pertridges, but he did
not kill them ; Mr. Batter fired at the some time at the some
birds. Before he fired defendant appeared to me to be
marching sad beating for gams. Altar he had fired at
the partridges, I went up to him, and said, "John, you
hays not oven up this biminsee yet." I then asked to
whom the greyhound belonged, and defendant said it was
his, and inked as if I knew any person who would ohs to

bay me.
By the hench—At the time the two shots were Heed I was
fuse 70 to SO yards distant hone the defendant end Mr. Rot.
ser. I woe hiding myself from them. Mr. Ratter and
deleadast at the time they fired the shots were .boot from
eight to tee yards distant from sack other. Both shots were
fired at the same instant len positively certain that de-
fendant discharged has sus at the partridges, sad when I
went op to him ha was is the act of reloading It. It was a
single barrel. Mr. Ranee. sus was a double barrel. There
men no other person protest bet defendant, Mr. Rutter, and
myself.
By Mr. Tripp-1 had a camersatios with Mr. Rutter, in
the presene sad within bearing of ddsadaat. I wished him
• good day, and asked if he had had wan sport, gal he re-
plied that he had not.
Defenelast, who denied hung used the rut, tolled
Mr. Joseph Rutter, jan., a member of the Society of
Fends, raleminly affirmed, said-1 remesher the 24A of
December last. Oa that day I sought JOllll Griffiths, the
defendant, and fond him at his house, sad emplojed him
to seem ese te the capacity of tomtit fur tie day. 1 ordered
him to befog my gos (which 1 had left at hie hoarse when
last I end Mb sad so hollow me, which he did. He ester
used the gun' which he carried for me, or say dog on
Wet day. I had one sporting deg with me, which was a
thorosgh-bred setter. These wee so other dog with me
which wee my properly. The whams uoderweat a loop
sad searching crowezastioation by Mr. Tripp, during
which he positively affirmed that he did not as. defendant
load or discharge the gun which he carried, sad that it
wee utterly imposeible for him to have done so without his
(wither) seeing bone ; and witness, with newt to sleeting
with the first wane., said-1 remember Lewis Davies
ening op se defendant sad myself cos the Yawed Farm.
• hal* essvereatios passed baleen delesdeat sad Davies,
which I believe was relative to the of the dogs. lam
quite posithe that Lewis Dairies did sot say to defendant,
"Jesse, yes have sot gives over We theiness yet," or
asythig to that feet It was gate tmponsible for him
to have said as wiliest m thanes him. 1 noticed it at
the time, have thought of It thee, add an quite certain
that Lewis Dairies dad not net at anything like sa clean
tmenteg delesthat. I woe, 1 believe, la the eat of teeth
lag sty gen whets Lewis Davin came on. The other gas
was sot used at all. 1 asset say whether defendant ear-
ned powder sad shot about him that day. I did sot supply
him with asy. Defendant was sheet eight yards In
tent iron me when I died. Whim Lewis Davis cams up
delesdent had the bent of the gin ca the ground and the
burrs) leasing as his sum. When I Bred defendant need
es my left hand, sad parallel to me, and I could me him at
the tad I lied. If Lewis Danes ban swath that defendant
was Indies his gin when he is.. up, sad that two shots
were Geed at the partridges at that time, sad that defendant
sad myself had fired at the partridges, he has swoon that
which is false. I did not pert with the defendant during
that day smith It was dark, sad he took the single barrel gun
hens with him.
Mr. Tripp having objected that the affirmation had not
been prepaely administered, It was, at the coselthon of the
enthuse re-seleasistsred in the the amazed by the act of
peniesteit.
The hank retired to conga the are, and having bees
absent about ten minutes, renamed te thin, and pronounced
the charge proved, and fined defendant 60s. including costs,
tie a inane* imprisonment.

MIDDLESEX SESSIONS.—tiurzaDAT.
aroma Ma. emarater AMID% amearreathsee.
ZILTIL&OZDINAIT QCafTtoa of lIMITITT.
Mr. Jolts Useatheitd, of 39, Meakleenerg-rmare, ead •
aserbor of the Stock Escrow', surrendered ia diedierge of
the theogathariene to answer ma harmer is whisk ho was
charged with having, ea the Mt of October art, enamettod
ea mash arm Oso. Tremens'', ea ialaaf foram eater.
Mr. Clarke* and Mr. Parry appear* for the proseestioa,
at the Jeerer of the Board of laload Mersa' ; 'Ed Kr.
iarreeted by Mr. Lewis, of Ely-pier, award
for the lefealaat.
The are ea the part of the prosecution ocempled tho
attention of the court for a 0011iiielersble time, but the lead-
tag feature* were as follow t—Oa the evening of flatarioy,
the 6th of October loot, the preeeestr, an inland revalue
Aker of the Westminster fourth division was, in the par-
recce of hie duty, delivering to the publicans to the neigh- I
bourhood of the Haymarket some notice paper relating to
payments tee emir borate, and at about sight o'clock he
eater* the Rl* Poets Tarn, kept by Mr. NV Last, upon
whom be erred the emir is impact to that bore. There
were • amber of porous standing is Moot of the bar,,
*wage whew was the defendant, who, whilst that of
was eaplairog to Mr. Wieder that the notice was made out
in the same of Mr. Dick, the laadlord who had given poi EEEE
-
mei* to Mr. Winder but a short time before, went up to
the caw, without any peovocatioa, and said, Here, Pa I
pay the lot." Theo tter having comcluded his briars
with the landlord, was about to leave the house, whoa he I
was met by the defendant
at tha sad of • purge,
red was asked by him to drink. He &tithed to accede to
this, upon which the defendant asked him to " *ad"
something. This also be drama to do. The defendant
thee • ket him to shake hands, to whisk he did sot object,
the deteadaat beiag about three parts iatoreated. He bald
out his head, which the defender took, sad the neat
moment he took kin by the collar and with ao thoonsider-
able violence knocked him up ;great • portitioa. The
officer said this was vary uageaterrly Goads* and so
Wirier did not theme* to prevent it, he toad Ilia he ought
to be ashami.d of himself to allow bin to he soni is reek •
manner, sea that he was quits sane me other pnhairs ea
his station would permit as radar. esvwalprairies
who with the defendant had bra stead*: is heat of the
bar, interposed and told the tliairdaat that he woo result-
leg an tome offeem,”ft Whit* he espeared seavitios for
what be had do*, and tharospos the prowler said be
timely t rare him. The deisadeat asked him to take some
ready sad water, which he della* to do, sad the defeat.
East thee repressed • bore that they would not part is
sager, as the ears time beading out he bead to the
measure. The their umbuitatiegly took the proffernl
Wirth, bat the defendant teamed to lay hold of les right
head, "metre. at instant he wised him by the waiathott
eallar,e* puled him backwarth sad threads 'gear the
well, the art of which we* that he shirt wee tore, the
loft= sipped off his waistosat, and his bosh so *Jared
le to aabjeat him to a alight Metre of pea the some
imp Memo& Two as skis of the dalealeaes

friends .gales interfered, Med took him from the
prosecutor, who thee eireird his determination
to of,. him it to custody. Two females who stood
within the bar abused is very such, end he left the
house for the purpose of procseiro a police officer, in order
to aie e the del. team foto custody. The landlord sod the
head welter stopped him, aid said "You are tot going to
give this man into custody ? Da you know who he to 7 "
The prosecutor then said h. did not know hie name, but
should hum hie person ; sad, as ho want out, the !milord
said, " He's one of the erect saes is the City, sad you had
better sot meddle with him; if you do, you will get the
w..rat of it, as he bee mot great influence at your board."
And the waiter said, " We get our belie by such man as
him, and yours is but a low situation ; after all, you're
only ea ezeiselean." A gentlusan asked what was the
matter, when one of the misplay said, "Os. of the
Goldamfda has been headless en Meer." And one
of the parties present bowel of him not to give him
into custody, ea be nag Goidaisid, of the City, and
would on the Monday melts any loopensation for the injury
he had done to he, shirt and weistoost ; and ow being again
'metered that the assailant was ono of the Goldsmid
he forbore to Rive him into custody, though he bed seat •
meaiecgar for • police officer. He then went and finished
serving his notices, and on returning down the Haymarket,
ab.ut threw quarten of ea boor afterwards, he saw the do-
fondest and the boots of the Bid Poets go into the Anemia
Hotel. It appeared that at the latter establishment he was
under the impression that be had lost • sovereign, and flatly
amend the barmaid of having taken it. lie had • quarrel
with the boots at this house, and he gave him a Staking
similar to that he had given the prosecutor. He went
to the Blue Poeta on the Monday to ascertain the de-
fendant's address, but the landlord refused to give it.. Some
thr. • weeks afierwards be discovered that it was 39, Mock-
lenburgh-equue, and he took out • moons. To that
SIMONY Ye defendant did not appear , but to a second he
cid, when he declared he was at Brighton at the time the
assault took place, and refused to act upon • suggestion of
Mr. Bingham, the magiairste, to make an arrangement
with the Older, asserting that he could incontostibly prove
an alibi. Whereupon the megietrato hosed him over to
appear at this Donn to answer the charge. The prosecutor,
the barmaid and the waiter at the Acuities Hotel, and •
linos who was at that house on the night in question,
unktoitsungly swore that the defendant was the man.
Mr: Bodkin made • very earnest addrem to the j my, entreat-
Mg a.m to approach the consideration of the case with the
gemdest caution. inasmuch ar he was about to call evidence
to establish an alibi, • defence at once the very best or the
very wore, and which he vectored to say would he pro-
nounced by them to be the most perfect and unquenuonable
answer ever given to a charge. the learned counsel than
commestoi spout the Mots of the we for the praseaation,
and called the following witamon
Mr. Sampson Ooldsmid having been sworn (on the New
Testament), deposed that he reloaded at 39, Meeklesbargh.
square, and had donee, since 1836. The defendant was his
son, and on the 14th of September last he (witness) took a
noose at Brighton. The defendant was with bin every day
from the 18. h of September to the end of October. Their
custom was to leave Brighton every morning by the fist
(ezpr.es) train for London, and to n by an express Warn
the afternoon in time to dine with the family, which con-
sited of himself, Mrs. Oaldsond, two eons, and three dough-
tare On Saturday, October 6, witness sad defer ant weal
down to Brighton by the 2 p.m. espies* train, and that
overaireg the defendant cited with them as usual. They
Maid at seven o'clock. Remembered the date because they
lade down Ia a mood-clam carriage in coneequecos of hav-
ing arrived at the station when all the first class were full of
pinsegers. W. Fitstif was • passenger in the same train.
Oa that day he saw Mr. Stevens at the station.
Croeseutaisod—Was distantly related to the family of
the Muses of the same name. Was a member of the Stock
lasitaar, and so was the defendant. The defendant showed
Moeda summons at Brighton. The defendant resided with
him in Metklonburgh-square. The defendant was not, to
his knowledge, &frequenter of public houses near the Hay-
market, nor was he almost diurnally drank. lied sever
board of bis having been in custody sin or sues times
within the last three or four months for drunkenness. I).
indent might get drunk perhaps once • month ; not
easier. He was not • person of loose or dissolute habits,
though he sometimes kept late hours. Would swear that
hi eon slept is Brightens every night from the 18th of
September to the sad of October. Dissident ht 34 years of
age. When they received the summons they referred back
to the day, and then witness said to defendant Why, it
cannot be you, as that day you were at Brighton." DM not
attend before the magistrate, as he thought there was no be-
malty for him to do so, his younger eon having attended to
explain that the defendant was at Brighton. Ho thought
the summons stated at what tine the assault took place.
Baptising Ooldsmid, son of the last witness, deposed
that he was 21 years of age, aid • member of the
Stock Exchange. lie corroborated the evidence of his
father Si to his brother having gone down to Brigh-
ton by the express train on the afternoon of the 6th
of October, and swore that he did not afterwards leave
Brighton until the following Monday morning. Witness
went to the pollee court to prove this, and heard Mr. Bing-
ham say that it was • very trivial affair, and advise defendant
to apologise. He refused to do so.
Crossisansined—My brother has not been in custody that
I know of for drunkenness, his habits are not irregular.
When the masons was received, my brother said whore it
took place and at what time of the day, that it was three
weeks before, yet that the man stated he had took the own-

. - -
moss vat imiediately. I believe there is such &place as the
Bias Pests. I have been there I believe. I lunched there
last Sunday week. I dined there about a month ago. I
was not there more than ones last year. My brother was
with me when I dined there. My brother's habits are
sober and regular. He comes home sometimes at two and
three o'clock of a morning. 1 know he frequents the Blue
Posts. When the summons was received at Brighton, my
brother said when the assault took place.
Mr. Clarkson—And when did he ',certain that, because
the summons did not state where the assault took plus, but
merely gave the date?
Witeees—l cannot say.
Edward Stone, footman to Me. Goldsmid, deposed that the
defendant dined with the family in the evening of the sth
of October, at Brighton, and said he had never seen horn
drunk and pawning his east at 11 o'clock in the morning.
W. J. Stoves& stated that he was an amtioneer tn Vihite
Hameourt, Lombard-stmt. He deposed t 2 seeing Mr.
Goldunid, the defendant, gad Mr. Buttering Goldsmid depart
lot Brighton by the mum vain on the sth October. They
went in a second elms careless the tint class being all full. A
friend of his, tamed Foster, who was now too ill to attend,
west doing by **emu train.
Croes-euniteed-1 am an intimate friend of the defendant,
and have been with him at the Blue Pute—perkeps sin
times ia this present month. I have Ilea him drunk there
several times this mush; not a data lilies. I have Mayer
sees him In custody for being drunk, bat I have heard from
him that ha has been in custody for that offence several
times. 1 have bees taken into custody from the Blue Posts
for being drunk. I never was summoned fur an assault at
the Blue Posts. I saw the defendant drunk there cue night
last week, sad it is the house he and I frequent. I have
been there morning, noon, and night, I have sees the
defendant there at three sad four in the morning. I cannot
say that I was not there on the evening of the 6m of October.
I don't think I was. When excited by drink, the defendant
is lead of shaking hands with people.
W. Winder deposed that he we, the landlord of the Blue
Posts. The defendant wee not the person who interfered
with the prosecutor on the 6th of October. It was &insteps
named Haggles, who resembled the defendant. He had
tried to find him but had failed. He mentioned the name
before the magistrate. Would sweet that Hogging was the
men who committed the assault.
Creilleaamined—l have had the house since August Lat.
1 cannot say how many times the defendant was there be-
, theta that time sad October b. I have seen him Mere
several times not sober. I near saw Higgins before the sth
of October. I have seen him twice stare, but not since the
10th of October. The prosecutor called on me on the Mn.
day. He did sot ask me for the address of Mr. John
fluidised. He asked me who the party was. I refused to
tell Moo He gave se the lie, and I seed if ha did so again
I would have bus put cut of the house. I told him I did
not know the party, and he said that was a lie.
By tie Coart—That was a lie. I knew it was Hogging.
Croanuamisatios ausitinned—The name of Mr. John
Goldfield was sot mentioned on the Seta:day night in my
heating. I did nee hear the waiter say be hoped the prose-
cutor would not proceed, as it was out of such as the gentle.
man accused that they got their money. The defendant has
bees as nu house as late as four is the morning. He was
there said that hoar but two mornings ago. 1 said it was
all manners when the officer mid be should take procudiags.
Hogging mutely gave him a push and then asked him to have
1101 a• champs's*. There was not sufficient force used to
tear kis shirt
T. X Murphy, porter at the Blue Posts, swore that he
accompanied Mr. Hogging to the Angieses Hotel on the sth
of October. Mr. Huggins was a " louts "like the defendant.
It was Monists who usulted the prosecutor. As the
Agleam, noggins gave him a shaking thou some money
that be loot.
George Trensman, the prosecutor, recalled—On the Mom
day evening I went to Winder, and asked for the address of
Mr. Jobs tioldamid. He said I had been told once, and that
was enough. He said he did sot know either the name or
the 'adieu, and that I had heard sufficient on Bstnrday
eight. I said, " What, you don't know ?" to which he re.
plied with se oath that I might do my best. The waiter
mid," Mick him oat" is Winder's presence.
Crameasained—l gave him to understand by my ma-
w that I did sot believe him, but did not give him
the W.
Mr. Bodkin "gala addressed the jury upon this, after
which Mr. Clarksom replied upon the whole case. He stated
, that he never bad a mere painful duty to perform than on
' the present occasion, far ha felt bound to call upon the jary
to disbelieve every one of the witnesses for the defendant,
and he wield set but sak them to say by their verdict, that
the whole defames from first blest, sad that the evidemete el
the defendant's witamess was gross and deliberate perjury.
The learned Judge, on lianas the case to the Jury, said
it was ke Mem to dead• which set of witnesses had um
1 milted perjury. It was perfectly clear that tia one side
other ther bad been most gross perjury. If they believed
the defendam's witnesses they would acquit, and if they
believed the prosecutor's they would convict him. It was
most important fart against the defendant, that when the
ailiallaMawas received at Brighton, the defendant was able
to Inform his brother the precise spot where she assault met
place, though that was, they said, the tint intimation they
tad of the affair, and no such information was "lorded by
the summate itself.
The jars, alter a minute's deliberative, found the defend-
sat Guilty.
Mr. Parry mid the Indictment had been found, before the
cireumstause were laid before the commiesiouen, or there
would have been a count charging the assault to have btu'
witailtss4 wbllei Ow monis, was is the diwkarp d bb