The Express.
London, England, 1866-02-06 00:00:00

r .11:1-1•11:1
THE EXPRESS, TUESDAY EVENING,

tatv iEntelltstact.

COURT OF QUUWB RINCIL—FIea, Ea
Ahem NM Prins Stains at Weateninnige....(Bdon
the Lord Chief Julian sad Special Juries.)
STIMilinaLD C. 110aM9100711 AIM AWOMMtn.
see was au actin in foam for false impriseamenoetiad
is detaining a book and MR, the property of the
soa defendants pleaded notle=y, leave aid liens., imi
Fi. that the property d wan Ito proPse:l2
lf. There were also special pleas joekilyieg ,
been dons as prineipals of an eduostlesal
one Ups* these pleas kens had been jotted, sad the
pedatiff had espied that what the defendants had dose
;Ms in news of their authority. To that the defendants
led Plaided not 241tY. and Paid In into oourt as the vales
j doe book and
Mr. Coleridge, Q.C., Mr. Joseph Brown, Q.G, sad Mr.
markt were monad for the plaintiff ; Mr. Kerslake,
Q.C., Mr. Versos Ramon* Q. 0., sad Mr. Charles Itammeil,
errs name far the defendant.
Mr. Coleridge, in stating the ease to the jury said ii
me A little oat of the ordinary w, and would requirethelfr 1
Molar attention. The plaintiff is the eldest son of Mee
ghe.
t Ron. Mr. Justice Fitzgerald, one of the pulses
of the Irish Court of Queen's Beech, and who was
many jean attorney-genial for Ireland in the imperial
*lamest. The defendants are Dr. Nerthoote, principal
of the RomanCiathollc College, at Oscott, near Birmingham;
and Mr. Stone, ose of the assistants in theednostion of that
establishment. The plaintiff is now about twenty years of
age, and the aetioa was brought by the father. as his
next friend. for the purpose of reooverieg damages foe whet
was alleged exoessive violence towards the en by the de-
fendants In expelling him from the school under circum-
stance of great ignominy, and with the view of masher
tartly establishing that he had beeo unjustly treated. The
object was not to put money into the *Mitre pocket,
but to establish what be conceived to be far
dearer to him than mosey, or what mosey could re-
meesat—the vindication of his son's character, in which
Ide best hopes ware centred. The plaintiff went to O,oott
College when be was about eleven years of age, and was at
the time when these taanantioes took plane about notate
Jars of age. Two younger brothers were also than with
Um. There was no imputation to be made on the persorel
or motel character of either of the defendants. The de-
headset Dr. Worthen was an old friend of ha. He was
at Oxford with him, and he had no desire to say anything
ride( him. Be was a very eminent man, a groat lees to
the church he bsd,left and a great gain totbe church holed
hand, The Roman catholic heirereby could not have se-
fated abetter man to place at the head of a great educational
imtatutioe than that gentleman. When he was appointed
prmaipalot Osoott College, he found the diseipliee of the col-
tar was morels: than it should be, and he Introduced a much
ureter code of discipline. The education at Omni might
be divided into fay and olerical ; the funds received from
tee lay scholars being appropriated to the education of the
Boman catholic priests, and it appeared that an ill-feeling
bad sprung up between the two classes. In the discipline
of the school corporal punishment wen resorted to, but he
(Mr. Coleridge) was unable to say if it was in that form with
which be was familiar it his younger days—(lngista)
bat, however, there was corporal punishment known is the
.1001, and was exercised by the prefect of discipline, who
was the oximuttiosser of the establishment. (Lanham.)
Mr. atone was a young man about 23 years of age. The
plaintiff is &mm man of great ability and promise ; be
pad passed through the college studies with distioction,
and be bad never once fallen ender corporal
punishment. He had carried off a great number of prime. I
sad his future was looked forward to by his father and
Dr. Norinote with the greatest possible expectation. It
bed been arranged that Mr. Fitzgerald should leave the
college is December, 1883, for the purpose of going to
Oxford, but difficulties presented themselves which pre-
vented R. In September, 1863, Dr. Northoote had written
in the most friendly terms, and in terms of the highest
approval of the son. to Mr. Justice Fitzgerald, and in so-
cordsnao with Dr. Northcots's suggestion it was arranged
that Mr. Fitzgerald should mean at Oeoott College until
July, 1864, hr which time he would have finished his
course of sullies there, and by that time he would have
been real,. for Oxford or Dublin University. In July,
1864, Dr.Nortbeote again wrote to the father in the most
!deadly manner, and in high commeedatiou of his abilities.
Mr. Fitzgerald did not wish to go to Dublin Uni.
essay, from • feeling that Roman esthetics
laboured alder a greeter disadvantage there than
at any other protestant educetional establishment,
Mr. Jaen Fitzgerald yielded to his eon's wishes, and as
he could not send his son to Oxford it was determined that
the plaintiff should go to the London University, with which
all the educational establishments of the country were
affiliated ; and in September, 1864, Dr. Northcote again
wrote to the father expressing a hops that the son might
be allowed to come back to the college, and there prepare
himself for the London University. Ho accordingly went
back as a kind of private pupil for education in special sub-
ect+ for which there were no ordinary classes. In Decem-
ber, 1864, there was a period to pass between the matri-
culation sad the B.A. degree, and at Dr. North-
°Deem suggestion Mr. Fitzgerald returned to Osoott
and wetland his dillies until July, 1885. The
clerical students, it appeared, went by a name
whether of Fenian origin or not he did net know, but they
passed by the emphatic, though not eupharioes, name of
Bankers." (Laughter.) Boys have been boys for Am-
anda of years put, and be had so doubt they would con-
tinue to be so, and it was upon that principle, when.,
that this pert of their proceedings had been regulated. One
of the "Beakers" was Mr. Stone, one of the defendant,
and when Mr. Fitzgerald returned to the college to
cute hie studies for the Leedom University he found that
Mr. Stone had been transferred to the chair of prefect of
dentine. With Mr. Martin, the previous prefmt,_tliti
plaintiff was on good terms, bat Mr. Stone and Mr. NM-
meld did not agree at all, and it would appear that Dr.
Neel/mote amorally inclined to Mr. Stones views, and
it would be found that the Uttar pat the worst
postilds contraction upon the plaintiff's conduct;
he frequently told Mr. Fitzgerald that very little
en his part would seed him away. and that
a slight provocation would genre his dismissal Up
to February all went wall, but one morning Mr. Justice
Fitzgerald, to his surprise, not having:received the slightest
idimation that his son was wooing home, found him at his
breakfast table at his house in Dublin. He then found
that kis son had ben expelled Oacott College ender (de-
means' of the most creel ignominy, and after ten-
ant to which criminals only were subjected. He was locked
up in his room, his meals were handed to him in his room.
sad without any explanation being given to him he was put
tato a cab, taken to the train, and despatched to Dublin.
Mr. Stone not being lerticnlLly liked, it would appear
that the students entered into a kind of confederation, nod
were known as the A BO's, which he believed meant
the " Anti-Beaker's Confederation or Club"—(laughter)—
which so doubt in the eyes of the college bad
something very dreadful and of a revolutionary
character about it. (Laughter.) Mr. Moody, one of
the tutees, had, it apepnred. said something which
the lay students had highly approved of, and Covernoe
Moody was unanimously elected an " A B 0," on account
of his magnanimous sentiment" (Laughter.) That it ap-
peared got wind, and Mr. Stone excessively resented it on
the Part of his former colleagues. The learned counsel
then detailed the subsequent events of the confining the
plaintiff in his room, the seizing and detaining his books
and Papers, and then called the following evidence.
Mr. Fitzgerald deposed that be was 20 yeas of age. I
When Dr. Northcote was appointed president of the
college, the discipline became stricter, and a new system of
impotitions was Introduced. Corporal punishment was
adopted in the 'chord, but it was generally confined to boys
ands 16 or 17 yeses of age.
The Lord Chief Justice—Are boys so old as that subject
to oorporal punishment in the college?
Mr. Fitzgerald—yes, and older boys sometimes. I never
maned that punishment. There were 140 students when 1
I /ailed, but they have declined to 120. There are two
chum of students, lay and clerical, the latter numbering
them 12, who are seat there by certain Roman catholic
Went. After they have finished their stadies they become
divines, sad are placed as masters over the lay junior
ewes. They wear a eoemek cap and Roman collar, and
they take their meal' in • separate room from the lay boys,
and the pupils are obliged to address them as Mr. So and So
or air, There are about 20 of them, and they are muter;
over the younger pupils. The clerical pupils are not
so well edec.ted as the ann. When they Ana
cola to the college the clerical and lay students are not
ulurated in play, but when they became divines they do
not join io the games. They become divines about 22 years
°f ea. When I joined the college I found the clerical
stalest+ were called " Bunkers." I do not know its mean-
ing, or that it has a meaning.
Mr. Kushice—Yon will find that it has.
Mr. Fitzgerald said there were no annoyances practised
by the lay students towards the clerical stndente. The
philosophic class is the highest in the college, and I
'uteri it in March, 1863. I thee became what
it Ca led a " philoeopher." (Laughter.) They have
Peat privileges over the others, viz., liberty of
g"ia, outride the college bounds and walking in
Pazhee of not lee than three, unaccompanied by say
I"tetce. It was not a privilege to go Into a pablie-boss and
fare some beer, bat it was sometimes done in Mr. Martin's
time. In 1864 I had passed through the college course of
media. I have taken eight or nine Indus. I left at Mid-
nmmer, 1864, for the purpose of solo( to Trinity College,
t/Ifate ; but as my father thought I had better go to
L nice University College, I returned to Osrott College in
.September, 1864, but I was not attached to any clue. 1
had a room to myself, and Dr. Northoote superintended tee
"tidies. I bad privileges then, different from the other
B,totleate. I matriculated in February, 1866, at the Loa-
° .. University, and I have Bins obtained my B.A.
71te hooters. On my return to Omen College in
teas 1865 I found Mr. Stone a prefect of diseiplino. Up
to tett time I never had a quarrel with him, or any on-
ahem On the night of my naval I found my
Vibes. door locked, but I got the key from Mr. Stone.
day or two after be complained that I had taken a wax
Manion of my chamber door key. The day after my
!total I went into the philosophers' room. One of them
dad me for a !code, sod on givmg it I took out the key of
arz, with it. I said, " By Jove, 'most give it back to
• The key was supposed to be able to open all the
thors of the rooms in my passage, and it was
ereit would be desirable to have another key
sea by ' blacksmith. Upon that I suggeeted a simpler
l''
"tY of doing it, and having got wax ndle I took th .
P""it)1) la wax, and also mad:cs a drawing on paper.

leave the house that night After a search-we found it, ;
when he said, " It is well for you, or you *tenth not have
slept another night under the roof." He sent Harrison to I
the college and me to my room. As I did not appear to
walk fast 'cough for him be told me to walk faster. I
replied I oboaM take my time. Stone then took out his
watch, and said that if I was not in my room within
five minutes I should have the house that night.
He said Dr. Newman said I was there for my own purposes,
and not foe hie. I complained to Dr. Northeote that
Stone had called me a liar, and bad threatened to box
my ears. Es was very angry, and said Mr. Stone was pis.
tided in imputing a lie to me as I bad equivocated. Dr.
Northcote would not bear my explanation, and he put an
imposition on me to walk ha the ranks, and study in the
common study log moms. I went again to him after prayers
to excuse myself, but be would sot hear me. Afterwards
he said he would not write to my father if I would behave
better in future. and I promiesdlim and left him. Os the
might of the 12th of March my pocket-book, with loose
papers, were lying on the table. I never attempted to con-
oeal them. Oa the morning of the 131 b, Stone, as usual,
came into my room to call me. When I awoke I saw him
standing by the side of the table. It was unusual for him
to do that. He called me usually about half-past nix o'clock.
He desired me to fat up, and afterwards at his request
I want to his room. He tamed to me and
said, with a triumphant sort of " You
have ruined yourself. Yon cannot help yourself, but you
may help other.' I was surprised at what be said, and
asked for au explanation. He said "Yon have a pocket-
book." I immediately pat my band to my side, and be
ssked " Have you got it on your person ;if so give it up at
ewe." I refused. He thee said if I did not that he would
tabs it by force. I replied, "If you de, you will do it at
Sour peril" He then came and seized hold firmly of my
hands, and after a struggle he succeeded in pulling them
away from my pocket, sod took the book away. I after-
ward saw Dr. Northeote in his mom. He said " Weil what
have you to say for yourself'" and on my asking foe ea
explanation, Dr. Northeote said sarcastically, is the pre-
sence of Stone, that I had been ooespiriog against the
peace and welfare of all the church students in the house. I
said I had not done so, upon which Dr, Northeote re-
plied "Do you think you can play with pitch with.
tout being defiled!' Mr. Stone then produced my pocket-
book, said he had examined it, and that he had been In-
formed by two or three of the students that they had been
forced to join the confederation against their wishes. Mr.
Stone then left my room. Dr. Northoote would not bear
my explanation. I said I was not ashamed of what I bad
done, and that I bad previously isformed my tether about
it. sad I offered to show him a letter where it was joeto
'arty mentioned, but be 6selinad to read it without he read
the whole of the letter, I did not choose to let him reed
the whole of it, because it referred to private matters. I
went to my room, ant in consequence of what I beard
from one of the philosophers I found out that
, a oollege meeting had been bald, and that I was
to be expelled, sad I went to Dr. Northoote again. He
then told me that he bad expelled me. He began by reed-
ing some extracts from Dr. Newman, abused and said
I was most conceited.
The Lord Chief Justice—What had Dr. Newman's works
to do with it?

Mr. Fitzgerald—He read his definition of a gentleman.
(Laughter.) He said my commit had proved my ruin, sad
would continue to do so, that I was not to be trusted, and
that I was not a gentleman. Mr. Stone brought in some
Money, which he gave to Dr. Nortbcote, who put it into my
hands for the purpose of paying my exposes home. He ,
mid he had nothing more to say to me. Mr. Stone fol-
lowed me to my room. and as moos as I got inside he locked
the door on the outside. I kicked at it, and Stone came
beck immediately, and unlocked the door. I protested
against his looking me up an a felon. He said, " Who would
trust your and immediately locked the door again. When
dinarr was brought to me Stone locked and unlocked the
door. I was keksd up about two hours. At my urgent
request he allowed my brothers and cousins to come and
see me, but in his preseece, although I had asked him to
withdraw. He said be did not fear contamiestion, still an
expelled person is an expelled person, and could not hold
ememunication with those who were sot. He hurried me la
my packing, and said he would egad my letters and desk
after me. I mid," Youdon't think I am mug to leave them?"
upon which be replied, "Rnireion haunts the guilty mind."
He sent my brothers and amens away, and he remained
until I left the college. He hurried me very much, and
took out his watch, 'eying that if I was sot ready in five
nitnutes he would bundle me out and w v beg after me.
Hs added that if I remained after three o'clock the boys
would handle me roughly. I replied I knew better. He
pushed me several times toweres the door, saying, " I
cannot allow you any more time." Once he snarly knocked me
down, and I bad to leek my portmanteau in the cab. I found
a cab at the door. which conveyed me to Birmingham, and
from thence I s ant to Dahlia. Dr. Northoote in his lettere
completes of those matters connected with Mr. Stone, and
that I smoggled spirits into the oellep and made two of
the students intoxicated. At Christmas, 1864, I had a
party after bedtime of my brother and two students. In
the day I had promired some spirits at an inn, and we had
some cakes and biscuits. 17e bad some whisky punch, and
separated about twelve o'clock. Neither of us was drunk.
Our boy was ill the next day, but the doctor attributed it
to a change of weather. (Laughter.) All the boys went
home the next day. No complaint was made of it until
some time after the party. In my book relating to the
A. B. C. (Anti-Banker's Oonfeleratioe) the names are
classed under initial letter. L. B. (List of Bunkers),
C. S. (Church Students),. M.N (Church
S.
M Member), S.
P. (Scderielt-park), . . (National
School Men.) Under the head of Clerical Students is
entered a supposed history of their position in life
and history. I made the list for fan—for a lank. The
honorary secretary (Whi:grove) gays me the informs' ice.
I appointed him honorary secretary to the confederation.
(Laughter.) His laboars were not onerous—l don't think
be had any to perform. (Laughter.) Governer Moody was
elected co the 6th March. He was also one of the mistime
of the college, and he was elected unanimously for hie mag-
nanimous sentiments about Sedpley-perk. Hewn supposed
to have a great dislike to Sedgeley-park, and the sentiment
I refereed to had reference to some boy who misoonducted
himself in class. Mr. Moody called out, "Silence, So-and-
So ; one would have thought you were at Sedgeley-park."
It is a kind of preparatory wheel, where most of the clerical
students come from. I immediately elected him. (Laughter.)
A great many names are down without the knowledge
of many of the boys. Some knew of the confeder=
others did not. One of the Buskers is put down axed
London Irish, about whom iuquiriee were to be mid.. It woe
never a serious matter. There were no meetings held or
convened. It bad no object, and two design was ever coo•
templated against the clerical Modiste or the rights of the
house. I told Dr. Northeote there wee nothing rorions in
it—that it was only humbug and nonsense that had already
died out, and that be ought not to take any police of it.
In ernes examination by Mr. Baralske, the plaintiff said
—There are philosophers, rbetorifilans, and poets. They are
the highest classes. I heard Bunker" applied to the
clerical students the first week T went to the collage. They
are educated, I believe, on charitable funds. There was DO
combioattom formed pleat them. All below peony used
the dormitory, those above a private room. The philoso-
phers had also a public room for their studies. A philo-
sopher wasnever sent to the dormitory. but posts and rhe-
toricians are when they are degraded. (Laughter.) I
never remember an instance except my own of a philoso-
pher being sent to the common room to study. No one
was drunk at my Christmas party. It is not against the
rules or traditions of the college that I know of to take in
spirits, but it is against the custom. I have known instances
where it was done, and without coming to the president's
knowledge.
Mr. Karslake—They managed it too well.
Mr. Fitzgerald—Dr. Northeote said if he had known it
at the time he would not have allowed me to come back.
I did not do it again. I ought to have given the key back
earlier to Mr. Stoma 1 did not then know that the key
opened other doors—the master's included. I did not say
that I was sorry for what I had done, and that I hoped he
would not tell the president. I have a memorandum in
my pocket-book that the key of the bakehouse
opens the paint shop. (Laughter.) I do not
know why I made it. Harrison got "licked" about the
pistol, and I was 000 fined to the big bounds. On one occa-
sion Dr. Nortbcote said he should have to wend me away,
as he could not indict corporal punishment upon me, and
that be must write to my father, my parrot' being so
fickle is the college. He said unless he did writs, and
if there was a second offence, my father might think he bad
acted harshly towards me. Teem ars entries in my book
as to the position, birth, and paren.age of the clerical stu-
dents. One is described as having en uncle or brother who
keeps a small grocery establishment. Another. that pis

Whoa I get maid. I Ines Mr. Satre and gave him the key. father is an {needs" of easel beim. Ike., all of which I be-
Ns betel at it, and saw a lot of wax sticking to it, and hand at the time. No impti-in were as be mate. It was
sand me what I had been den, with is—if I hal been written down bemuse it amend the bon. secretary, aid it
putting It In the Si, or pitting oil about it. I replied me, a'sro amesed nee at the time. (Laughter.)
and ran upstairs to my mom. I bad loft the was imp's'. Mr. Kerslake —What were you ? Were you the Re.d
aka and tie drawbar in the nom, where Mr. btone fond Coulee ? (Leaghter.)
them. Nothing was done with them. I afterwards es- I Mr. Fitzgerald—No, I was soothing at all. There were
planet to Mr. Stone, end he mid be saw there was Gro Finevest& in tbecolleee, but they were not all mrm-
so harm in it, and be would my nothing more about it. I bars of the entederation. Most of the clerical utedeets
On the sight of the 26th February, 1865, Mr. Woe came came from ilialgeley-prk, sad they were galled " bun-
end Tooke I into my nomes I was going to bed, sad said, ken ;" but whether they did or not they were called by
" I take your privileges away ice the next three that name. I sever raid it was mot on foot as • bit of '
days." I had stayed up the night before, as I spleen of min, bet I said some of the entries were made
had been accustomed to de, a little later when I was is a @Simone mood. There was no rule that I
at my studios, sad sometimes writing letter.. It now of betaken should hold say of the (Aces of the I
was &brays permitted dune, Mr. Martin's time. Mr. school, sock as " pahlic man," who menages the pone,
Stone was in the habit of baking in every ni4ht, and he librarian, be. The anti-bunkers were to be in opposition I
mid to me on one coonskin that I bad better take cue of to the bunkers, but they were not to carry out their views
soyeeN, for my petition in the house was very Sella He by petty aanoyanoes. Dr. Nortbcote did sot say, "It may •
also said cm ow occasion " I am keeping a strict 'be fun for you, but it Is death to the frogs." I am now •
watch over you, youeg man." Is February Mr. Stone nudist for the bar, and lam also taking m degrees at the
found ms and two or three of the philosopkers in a little London University. The confederation owJeped. I had
wintry inn, plying at bagatelle. It was against the robe personal friends amongst the church students
for philosophers to be there, but I did not then consider Mr. John Fitzgerald, plaintiff's brother, was called to
myself on.. (Laughter.) Three of them were clerical corroborate his evidence, but the foreman of the jury (a
students. (Laughter.) Dr. Newlin* afterwards sent for et, I member of the Society of Friends) said be thought it was un-
and lectured as ; be continued the lecture to the clerical necessary, as the jury had already heard enough, sad wished
students after I bad left the room. On the 27th February Ito bring the eats to a conclusion.
I went with a student named Harrison into a remote part I The Lord Chief Justice said the jury bad better patiently
of the plantation called " Helnlanghter) to practise pastel hear both sides.
shooting. Whilst there Harrison saw Storm, sod en his I The witless. was an examined.
mentioning It I said " Cut !" and we rag away. Stone ran The Right Hoe. Mr. Jetties Fitzgerald, the plaintiff's
after es, and I threw the pistol in the hedr. father, was salleol. He deposed Up to the day when
"Menke came up to us he asked for the pistol. I told bun I found my son at my house in Merrios-square, Dublin,
I could sot give it to him, as I had thrown it into the I bad no idea of hb leaving the college. I never had but
hedge. Stone replied, "Itis a lie ; " and on my soling it one complaint naiad my son from Dr. Northern*. That
was not he mid it was, end be several times thresteoed to was in 1862, just before the summer vacation. My lOU with
box my ears. I replied, " You won't." Upon that he two or three others bad been a little turbulent on the eve
paid that if I did not immediately And the pistol I should I of the vacation by staging in the dormitory, " We'll all

go home is the "- in consequence
he wee detained ustil after the others had left. It was
mom thane ',uprise, it was a great shock to me when my
sour came home.
Crom-examined—l did not receive oomplainta from
Dr. Northoote that my son would not submit to the metric-
tioes of the °oilers without grumbling. I received a letter
from him, complaining that my son possessed meet of the
Irish characteristics. I had to complain of the food on one
ontanioe, and the manner in which it was served, and it was
afterwards altered.
This was the plaintiff's case.
Mr. Ktrslake then addressed the jury for the defence.
He said that as this was a somewhat complicated issue they
had to try, he hoped they would patiently hear both side,
before they moue to • conclusion. He complained oi Mr.
Coleridge's unfair statement, that Mr. Justice Fitzgerald
did not know why his son was expelled when he saw his
son in Dublin, when the fact was a letter was written by
Dr. Northoote, stating the whole of the facts, which
was posted the same day, and reached Dublin
on the morning he saw his sou. Therefore, from
the first, Mr. Justice Fitzgerald knew the charge
that had bees mid, against his sou. Dr. Northoote
was placed in a difficult position. The students comprised
the sons of sea of opulence, and those who were Metaled
through the assistance of benevolent individuals.
I who were knows as the church student., but who were not
educated, as had been stated, from the surplus funds
arising from the lay students. They all mixed together
and formed the same classes, and if young gentlemen of
I high birth and position were allowed to snub them out of
school hours, Oscott College had better be closed or coo-
fined to those only of Mr. Fitzgerald's position and
I means, The college wee origin.lly established for
clerical students. but afterwards it was found
dmiratle that lay students should be admitted,
and an unpleasant feeling bad existed between
them, but happily it had nearly died out, and when the
plaintiff first went to the college be found little distinc-
ties between them. When Mr. Fitzgerald returned to
college after he bad passed through the ordinary mune of
studies, he came back subject to the rules of the college,
but only to attend the lecture, in the particular class of
study be wished to take up, and after his return it was
found that a dangerous combination had bees formed,
with Mr. Fitzgerald at its head, for the purpose
of annoying the clerical students. A number of the clerical
students came from Sedpley-park, and there were the boys
who, being inferiors in position to Mr. Fitzgerald, were
called " bunkers,• and whom it was intended to annoy
by giving them the cold shoulder and insult more by &e&
and manner than by words. Notbing could be more detri-
mental to the college than such a course of proceeding, and
the learned counsel contended that under the circumstances
Dr. Northcote could do no other than expel Mr. Fitz-
gerald. in order to preserve the good discipline of the
school. With regard to the imprisonment and the Isamu%
the doctor only detained the plaintiff sufficiently long to
enable him to pack up his things and prevent his holding
conversation with the other students.
The farther hearing of the case was then adjourned.