The Express.
London, England, 1866-02-07 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
And Teem Nid Priam &alley at Westminster.—(Before
the Lord ChM Justice mid Special Juries.)
rrrzozin v. sorron AND AM:7MM

The further hearing of this case wee r;sonted this

- .
11112; Q.C., Mr. Jams Brows", Q.C. and Mr.
pkilbrick, w ere counsel for the plaintiff Mr., Wartisks.
Q.C., Mr. Yams Harcourt, Q. 0., and Mr.; Ow. Russell.
for the defendant.
Yr. William Stose—l am a priest. I am 26 years
of age. I have been in Osoott College eleven yeliell
and a half. I em the prefect of discipline. Misr
amps* to the rules, he., of the college, similar
ie that stated by Dr. Noethoote yesterday, he went on to
lay— Subject to appal to the president, I base the sla-
sphlie oontrol of the discipline. The plaintiff was under
the same rules and discipline as the philosophers, except
that he bad Use privilege of remaining in bed half as hour
liter than the other.. Bringing spirits into the oollege was
before I became prefect, and did not come under my wol-
fram The first unpleasantness I had with the plaintiff was
with regard to the key. Hint him the pane key that opened
all the misters' and stades& rooms, and some others, with
the express injunction that he was to bring it back to me
the first thing in the morning. About 2 o'clock the fol-
lowing afternoon I met him in the cloister, and reminded
him that be bad not given me the key. He produced it.
I remarked it was not the key. He said, "It is, sir." I
then law it wan the key sad noticed that it bad
bean Umpired with. It habeen blackened, and wax was.
Waists; to it, and in answer to my inquiries he said be bad
not put it in the fire or put oil on it. He arid be had done
nothing with it, and then went upstairs. It then struck
me that he had bean taking as impression of the key, sad
that afternoon a war impression and • rubbing or drawing
of the key in ink were put into my bands by my assistant.
I went to his room after night prayer and showed them to
him, sad asked him if he recognised them. He said,
in • joking moaner, that it was • very fsithW
easy of ths key. I asked him if be considered it as honour-
able thin to do, to which he replied that he maw no harm
is it. I said, "If you do not. perhaps your superiors will
sot thinctoilyht of it, and I shall inform than of it." I
ocienum it that evening to the vies-presidient.
About a quarter of an hour after plaintiff met me
sad said to me, " I have come to you to ask you
not to mention my taking an impression of the
key to Dr. Northoota* aid he knew it was
&dishonourable thing to de; that he would not do so again.
I never said them was nothing in it, and that it did not
signify, but I told him I would not mention it to
Dr. Northeote, and I west to the viewprestilent and told
him that the plaintiff bad contemned to me that It wen •
dishonourable thing to do, and I begged him not to mar
tioo it to Dr. Northeote, which he did. I bad not
the least desire to get him into trouble. We have
always been on the beet of terms. The students
are never allowed a key. The sacristy where the plaintiff
got the wax candle omU be opened with this key. The
next oomplsint was about the 20tb or 21st February. I
found him up at hill-pat 11 o'clock, when he ought to
bare been in bed at 10 o'clock, according to the rules.
I than took sway his privileges for three days,
believing—in fact, I knew for certain—it was •
thing be had done before. The next day or the
cis after he went beyond the bounds with some
hers, but I had no time to speak to
EZ7tat the following day the vice-president informed me
be had seen two boys very like ours on the road, and I had
better see into the matter. I was going to Birmingham
that afternoon, sad thinking they might be about town,
I turned • mister of • mile out of my way, sad found him
and three others there; plaintiff was hiding himself. As I
could not see him I called his name, and I discovered him
revered up in the fireplace. (Laughter.) I said nothing to
them at the time, but sent them home. I reported it on
Saturday morning, the 25th, and Dr. Northoote confined
him to the bounds until Easter. On Monday following, the
27th, I found him in the housekeeper's room, where
students ere not allowed, and I told him he ought not to
be there, and to return to his bounds. A quarter of an
hour OWE that I found him in the plantations with mother
andent—that ie out of the bounds—neither of them had
any right to be there ; they were shooting with s pistol. As
moos es they saw me they took to their heels. I followed
them sad called them tack. I 'eked who owned the pasta
Plaintiff *lied, " I do." I then mid, " Give it to me."
He said, " I have not got it." I desired him to go and find
It, to which be answered, " I don't know where it is." I
then said, " That is a lie." He answered, "It is not." I
repeated "It was a lie, and that if he did not mind I
should box his ears." 11 pistol was found lying close to
the hedge • few yards. from him, but I can't say if he
pitted it up previously. I think I said, "If you
don't give me up that pistol you shall leave
the house to-night" I took the pistol, and told him to
return to the bounds, and to give me up everything he bad
emanated with the pistol—cartridges, tie. I reported it to
Dr. Northeote, and then found that plaintiff had been to
him before. I gave my explanation to Dr. Northoote.
Plaintiff came to me in the evening of the following day.
He *use to my room, aed said he wished to have • non-
venation with me. He began by saying that he had been
conducting himself so badly, end that his character was
so lowered in the estimation of his superiors, that
It would little avail him to try to extenuate his faults, and
be wanted to speak to me first on my calling Wm a liar
and my threatening to box his ears. He excused himself
that it was not • lie because be did not know actually where
the pistol was. I pointed out to him if it was not • lie it
was an equivocation almost amounting to • lie, and with
regard to boxing his ears, of course it was • threat I should
sever think dairying into execution ; but it was not cus-
tomary fora superior to apologise to a boy, and that I was
sot ashamed to confess a fault when I had committed it.
I said I we. out of temper for the moment, and that I only
meant it is a threat ; he add it was his impression that
tie prefect had Dot the power to take away the
privies of • philosopher, and knowing what bad been
done in my time I told him he had, and that it had been
frequently exercised ; plaintiff added that he had gone
at is order to see if I should press the right. The privi-
lege is this ram bid been taken away by the president,
Dr. Northoote ; be told me that Dr. Northcote had de-
graded him to the ranks and to study in the common
studying plum. The Doctor told me of it the following
morning and I then proceeded to put it into execution.
Shortly after I again found him up at night after hours.
I told him I did not wish to bring him into farther trouble
sad I would overlook it, but not soy other offence*, and
them I told him his position in the house was very fickle.
Dr. Northcot• had before told me what had passed **tweets
him sad the plaintiff, and that he h .d told him that for the
seat offence be would hive to leave, and it was in reference
to that that I need the observation "fickle." After that I
Mud there was an ill-feeling smoopt the students. A
most violent feeling bad existed in my own time, and I was
under the impression that it had almost died out ; it bad
manifested itself in the frequent me of the word "bunker"
NW petty annoyances to the persons who were the objects
of them, and previously they had resulted in open quarrels ;
it (mete an open issue about 18.57, and it warn Dr. North-
sote's object to get rid of all class distinctions, and I was
almost lure it bad died out. I refused to believe the feel -
*had revived until the evenisg of the 4th March, when
I found a dozen students in the study room, and among
them the plaintiff, laughing and perusing some paper which
they had before them. As soon as I entered the room
the paper immediately disappeared. I demanded
it, and it was given to me rather reluctantly. I found
it was • list of all the students in the house
marked, some with • cypher, and others with
• cross. I think I burnt it after the plaintiff left.
I could not came to any conclusion what the paper
meant, but on the following night one of the church stu-
dents ,net me and said, " So I heir you haves list of the
nobility of Oscott ;" and then for the first time I obtained
positive information that this ill-feeling was beginning to
manitestitrielf is the house. The clerical student gave me
two names he was sure were at the bottom of it. After
that en* of the divines came to my room and informed me
*bathe kid just heard that &confederation society was being
tien limiest the church students, and he said he bid got the
onnation from a la student who had been asked to join
the gaiety, and he also gave me the pltintifit's name is the
had and originator of it. I went to Fitzgerald's room and
found a pocket-book. I opened it at random and read the
leaves quickly over and the first letters that met my eye
erne "A B C," which my informant bad told me meant
Asti-Bunker Confederation. I also found under the initials
the list of the member". I also found in the pocket-book
the notes or memoranda already referred to. I did not open
OT read any of Mr. Fitzgerald's letters. After night
reins I incidentally met the vice-president and I told
his what I had discovered, but he bad not time they to
attend to it. I told Dr. Northcote of it the following mora-
le!. About 9 o'clock, the vice president and myself met
in Dr. Northeote's room, and I repeated my information.
At 11 o'clock, by Dr. Noethcote's direction, I brought the
book to him, as be wished to judge for himself.
tare doieg so I called the plaintiff to my room, and
locked my door as is my usual practice when I have to speak or
raid' i boy to prevent intrusion. After locking the door,
"David, I ism afraid you have done for your-
"elf at Inst." but not with • triumphant smile.
He raked "bow!" 1 said " You have • pocket-book." He
MAIM "I have," and put his hand upon it. I asked him
reye me ;he said " I dont see what right you have to
timid it." I replied "If yon don't give it me I shall
take "he again said " I don't see what right
you have to demand it." I again said, " Are you
rill to give it me ; he said " No." I replied
Theo I must take it from you," and I did so without any
° PatZleition on his part. There was not the shadow of •
on his part ; be bad his band on his coat pocket.
I opened the book and seeing the notes there I closed it
!Tag " It's all right." He said, " Are you satisfied and
"PAM. " You may pretty well guess whit the come-
Lulls* of this will be ;" he acted me what I meant,
and I then taxed him with getting up the society.
!Died the church atudents ;he put it off, saying it was
futehog and nonsense. I said I was afraid it was
too tits for him to help himself, but that it was not
?late to help others he then asked to see Dr.
retlico. to, and I said "Certainly ;" and I took him to the
riot• I saw him again Moat 1 o'clock, bat before that
eittedd Net find him, and I was under the impress
...°0 that he had gone. He then went into Dr.
ritethonte's room, sod I went by the doctor's direction and
entered the plaintiff's dinner into the parlour' and then
Toot to the procurator and obtained the necessary mossy