The Express.
London, England, 1867-08-13 00:00:00

COLLEGE DIVERSIONS.

An extraordinary case (Benzing r. Moore and
Carr) was tried before Chief Baron Kelly, on Saturday, at
Chester. The action was nominally for libel, but the
evidence revealed various grievances, the chief being an
unpleasant hoax upon the plaintiff, who is a German, by
some fellow students at St. Aidan's Theological College,
Birkenhead. The defendant Moore is • solicitor and part
proprietor of the Birkenhead Tints and the co-defendant
CUT was a fellow student of the plaintiff's at St. Aiden's,
who bad contributed the article complained of. Last
year Mr. Benzins entered as • student in St. Aidan's
College, and about the same period the Birkenhead Tina
was started. A party of the college students, including
Mr. Carr, were believed to be connected with the paper,
and with this party the plaintiff came to be on unfriendly
terms. In November he left the college and advertised in a
Liverpool paper for a situation u tutor, receiving in reply
a long letter purporting to come from a gentleman in
Somersetshire, offering brim an eligible situation. The
plaintiff went down and found that the letter was a hoax.
On his return to Birkenhead an article describing the
trick by which he had been victimised appeared in a
Liverpool paper, and it was in answer to it that the libel
complained of appeared. One of the passages constituting
the alleged libel ran— •We are enabled to state that
during his (the plaintiff's) residence in St. Aidan's, and
subsequently thereto, be pursued a course of action which
may be in accordance with the training of a German
university, bat which is repugnant to all the accepted
opinions about an English college. He has acted as a
busybody, spy, and tattler, and has written letters
all over the country inquiring as to the antecedents of
his fellow-students.' In another place the article stated,
"He (the plaintiff) has sneaked about the collep, poison-
ing the minds of the students, and traducingDDrr Be.
' ylee
to them, until at last he has been ordered not to come
near the place except in the company of some responsible
person. The last tune he visited the college lie called Dr.
Baylee a liar, and conducted himself in such a violent
manner that he was forcibly ejected from the hall by the
porter." In another part of the article it was stated that
when the plaintiff arrived in Somersetshire and disco-
, vered the hoax, "he had, according to his own account,
but 41d. in his pocket. He was looked upon with suspi-
cion, and was ultimately accommodated at the paha*
station, when the police showed him great attention
during hie stay."
, The plaintiff was examined and orcee-examined at eon-
siderable length, during which he said—l am • member of
the University of Berlin where I have studied theology,
and assisted the principal in the preparation of • work on
the " History of Protestantism." In September last I
entered St. Aidan's College, Birkenhead, as • divinity
student, with the intention of becoming a clergyman of
the church of England. Whilst at St. Aldan's, I remember
the Birkenhead Times being started. I know that some of
the students at the college were contributors to that news-
paper ; and in consequence of the style of articles in which
the paper indulged • petition was got up at the college
to the printer of it, which I composed. The
petition was sent to Dr. Bayles for approval, but
he stopped it. Considerable ill-feeling existed be-
tween the authors of this petition and the students who
were contributors to and proprietors of the paper. There
were also differences between the two parties as to their
church views. I left St. Aidan's last November because I
disapproved of those articles contained in the Birkenhead
Time", which I knew to emanate from the college. I
thought the students ought to disown the paper, and when
Dr. Baylee stopped the petition I determined to leave the
college. Upon leaving I inserted an advertisement in one
of the Liverpool newspapers applying for a situation as
tutor, and amongst other answers received • letter offering
a situation at Minehead, in Somersetshire. I went to
Minehead, and found that the letter was • hoax. Having
run short of money I was obliged to stay there until I
could write for some to my friends. Whilst at Minehead
I made friends with the superintendent of polioe,andatayed
at his house. I showed the letter I had received to the super-
intendent, and endeavoured to discover the authorship.
The students in the college need to turn to the east and
bend their knees when they entered the chapel. One of
them I have seen use holy water in his room, and the de-
fendant Carr used to cross his hands and face. I remember
when I cane back fremSomersetahire after thehou telling
Dr. Bayles that I had heard there were students in his
college who had been expelled from Richmond and Dida-
bury Wesleyan colleges.
For the defence it was said the article complained of was
justified by the plaintiff's conduct ; that Mr. Benzing had
accused Dr. Bayles of falsehood; that he had brought va-
rious offensive charges against his fellow-students, and
that he had acted generally as a busybody.
A man named Mulholland, formerly porter at the col-
lege, speaking of an occasion when the plaintiff came to see
Dr. Baylee, the principal, respecting the hoax, said—" As
he was coming out I heard the plaintiff accuse the doctor
of some falsehoods, whereupon the doctor told me to put
him out. Plaintiff went to the door, but appeared to alter
his mind, and was attempting to turn back, when I told
him I wouldnot allow him. Thereupon plaintiff made a
motion as if to strike me, upon which I caught him by
the collar, put him out, and kicked him as he went." It.
cross-examination this witness admitted that he had since
been discharged from the college without a character.
The jury, after ten minutes' consultation, returned •
verdict for the plaintiff—damages, one farthing.