The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-15 00:00:00

HALM:MOW V. wino'''.

where.

On the application of Mr. SCAIILLTT, this case was called on.
aa the plaintiff' tied severa► witnesses remaining in town at a great
expense.
The plaintiff keep, a school at Kirby-hill, in the valley of
Ravenssurth, in Yorkshire; the defendant is a carpenter and
builder in the metropolis. The action was brought to recover
compensation in damages fur defamatory words respecting the ma-
nagement of the plaintiff"' school. The detimtbuit had pleaded a
justification.
Mr. I'OMT X opened the pleadings.
Mr. SCARI.ETT stated the COM The plaintiff' bad been master'
of his school eight years. It was not one of those frequented by
gentlemen who finished their education at the Cuivertuues, but by

T.chheaparainwttilfo'wserecharactbreddertottelbehrghrt"bsiednei fade
manrhdooreninderelhe;
malicious attack which had riven rise to this action hod rot di-
minished hls refutation. Scholars went to him from all pars of'
England ; and he trusted that tie event of that day, on which Itios
fame and fortune depended, would be consistent with the opinion
entertained by all who know him, where his character could be
'hest appreciated. The defendant had had two sons at the plain.
tiff's school ; and it wookl appear that he had been induced to
enter into the scheme of a discarditt usher, who had been dismissed
by tilt' ?laintiff. fur etching the boys to rebel against hi. audio_
rite, and for sober improper practices, Which would be proved in
evidence. The defendant had joined to set up this usher In a
ris al school, and take away the plaintiff 'r scholars by false Tepee.
senta.ions, which constituted the foundation of this action. It
was undeniable that competition was ust.fiil to the public, especially
in education; but no benefit could posetbly result from that mode
of competition which consisted in raining our neighbour's repos-
tation. The plan of the usher, whore name Vas Cade, was to pro
ha defamatory reports, anti go mond to the people who) had
children at the school, to induce then' to take theni away. lie had
failed generally in his attempts, but in one or tiro inf.tanceto he had
succeeded. The defendant went first and tittered the defamatory
words, and Cade confirmed his representations by shaking his head,
as if cautious to commit himself by speaking. The defamatory
words were that the boys slept in a cock-loft, eight in a bed, thit
the weather came in upon them, as they lay in the bed. and that
they had nothing but water to drink. 'lO one person, a 31ns. Dos-
well, the defendant had said, that if she had any regard for her ,
child, she would not suffer it to stay there another month, that in
fact, die boys were almost sternal; that the bread they had was
mule of bean flower, fit only for pigs, and that they were eaten up
with the itch and disease. To another person, the defendant had
said that her child had a bad head; that all the boys had the itch,
and were half.starved. The defendant had declared his intention
to justify these atatements. Ile (Mr. S.) would chew that the food
the buys had was wholesome and nourishing. For breakfast they
had bread and milk. Four days in the week they had the beat beet'
and mutton for dinner. The other three days they had no meat,
but they had soup, puddings, cheese, and bread, as much as they
could ea. For supper, they had bread and milk, and cheese.
They certainly slept more than one in a bed, and in one instance,
two very large beds had been put together, and three or four boys
had slept in each bed. On this circumstance the defendant had
fastened, to raise an imputation upon the plaintiff', that the boys
were In the habit of sleeping eight in a bed. Nothing could be
more healthful than their general appearance. The school eon.
shoes, tot 911 children, who were there all the year round, and it
would be proved they were all as romfortable as they could be in
their situation. Not only would the falsehood of the calumny he
clearly. sliewoo, but the malicious and scritlid inertives In which it
had originated.
John Doswell was then sworn.—l am a butcher at Islington.
I have a son at the plaintiff's school. The defendant called on me
in the beginning of .larch last, with Mr. Cade, a late assistant at
the school, and asked site if I had a son at Mr. Bulderon's school.
I told him I he& lie told me if I had any regard for him I shoukl
send for him home. lie said the children were treated more like
pigs than Chrihians. The bread they ate was made of bean flour,
and fit only for pigs. They had bllCil potatoes only as the pigs re-
fused. lie said they slept in a cock-lot), eight in a bed, close to
the roof of the house, quite open to the weather, so that the rain and
snow came in on the beds and the children as they lay in bed.
They had boor milk to drink, and nothing else. lie asked me if I
seat him pocket-inoney, as they never received any. The boys he
said were eaten up with disease, itch, and vermin. The boys when
they went down had their clothes taken away from them, and
others put on them. Cade was present. Widows referred to hint
to confirm what lit said. Cade said nothing at all, but he nodded
assent. Widows referred me to Mrs. Brushfield, to whom I went
the nest day. Mr. Cade called again the following day. My son
came home in the course of a fortnight afterwards. I never saw a
boy look better ; he was in as good a state as a boy could be. !sent
• letter down by Mrs. Brusliheld for hint to come home in conse-
quence of the representations of Widows.

• Cross.examinird—l ant not now in business. I took my boy to
a doctor. There was &slight eruption. It was not the itch. I did
not send him back, on account of the aspease. Ile is twelve years
old.

Mrs. Brushfield sworn--In February last year I had a sou
at the plaintiff's school. I saw the defendant that month at my
house, is B'hitechapel-market, with Mr. Cade, the late usher at,
the school. My husband was confined to his bed. Widows first
addressed me. He asked if I had not a little boy at Mr. Balde-
ron's ? and I said I had. Hs advised me to seal for him home, as 1
1 they all had the itch, and were half starved. He said my child
had a bad head, and could not hold It up. He said they had no-
thing but sour black bread, and potatoes fit only for pigs, and
that mine was one of those who slept eight in a bed, and that they
slept in a cock-loft, exposed to the wind and weather, and open at
the roof. He referred to Mr. Cade -o confirm all he had stated, and
3I• Cade would not. 11r. Widows then said he did not wish any
one so confirm what he had said; hia own word wan sufficient. He
Waxed me to tlra. Fowler, who then had two enildren at the
school. ID. Doswell afterwards called on me, and I was induced
to go down into Yorkshire to bring up my son. Mr. Doswell gave
RI. . letter to bring up his son also. I went to the school. I re-
mained three days at .Mr. Balderon's house. My buy was in per.
feet bodily health ; his head was quite clean and sound. He had
been there three years- I went into the boys' bed-rooms. I saw
the bed in which it was said right had slept. It was a double bed-
stead, with two hells put togeuier upon it. There was quite suf-
ficient room for the boys to sleep in it. roux boys slept in each
bed. I saw the roof of the bed-room. It was perfectly sound.
No snow had entered the room, though I was ankle-deep going to
the house. The boys we as dinner when I arrived. I saw they
ra" tgid goodpotatoes. I maw the soup that
wers,itniVeiorfArlierilt was such as I would give my own family
to eat. I sow out the least ground of objection to food. All
the buys looked healthy except two, who were nursed by the fire.
side in consequence of having a cold. They seemed very happy
and cheerful ; no children could be more so. I brought my child
home in consequence of his father's directions. Ido not know
whether he is going again ; that MILS with his father. I should
bare no objection.
ley the Julio/—We paid twenty guineas • year. The boys
were found every thing. It is the practice for them not to go home
for two or three yours.
. ..... ..

Crow-examined.-114 child is ten years old next July. The
bed•rootw had no ceilings. There ass no plastering inside the
roof.

•I aaw no traces of water coming through any

Mn. Mary Ann Jeremy sworn.—l had two sons at Mr. Beide-
ron's school; one is Dow in the East Indies. They had been there
two years and a half. I know the defendant. Before I saw him
hie two sons called on me, and said they came from my sons.
They said my sons wished to be sent for home, as they were so
easels up with the itch. My son Joseph was then about ten years
old. I told them that they must he mistaken, as he was very
happy there. They looked very healthy themselves. The next
day I saw Mr. Widows himself. He said, " You are hard of be-
, hef, to behave so cavalierly to the two boys yesterday." I told
him their tale appeared too improbable. Ile regretted he had not
brought a piece of the bread with him, as it was as black as his
hat. He said that Mr. Balderun was a most consummate vflisin,
and that he got the children there merely for the sake of the money
he received fur them. I refused to give credit to his statement.
He recoramended me to go down, and I should see they slept eight
in a bed, had were eaten up with filth and disease, lie said he
had entered an action against 31r. //Aileron, that it was quite time
the Yorkshire schools should he put down, and that he was deter-
mined to be the ruin of hint. He gave me references to Mrs.
Fowler, in the Haymarket, and Mr. liockhorn. He told me that
the lady who had gone down was so incensed at the treatment of
her son, that she was deterntioed to take him away. That lady is
Mrs. rushfichL Mr. Widows gave me a reference also to Mr.
Cade. _ .

James White sworn.—l was eighteen years old last month. I
was brought up at Mr. Ilahleron's school. I was there seven
years. I left it last February. I was treated very well with re-
gard to food and care of my person. The rain or snow might have
come in sometimes, but when it was found out the house was
pointed. All the boys were well treated. Mr. Balderon had some
eons of his own in the school, who fared like the rest. I have a
brother six years old ; he is now there. He went with my appro-
bation. Them were about eighty boys there when I left. They
had increased in number. I remember Mr. Cade, the usher. lie
left three days alter ma. I knew he was about to leave, and on
what aceouot.

Mr. Gumtree objected to any inquiry into the cause of Cade's
dismissal, as immaterial to the mane.
The LOUD 11.:111EI JuSTICE coincided with the objection.
Criaat-examired.—All the boys did not sleep in the upper rooms.
More than half slept there. There were three rooms with only a
root of slate. None of Sir. lialderua's children slept in the upper
rooms. In (ma all the boys, except about twelve, slept in the
upper rooms. I hie of them was as large as the other two. It bad
only one window. I will not swear less than otirty-five slept in
that room. There were two large beds, in which fourteen or hfteen
boys slept. They were double beds. The beds were made of
feathers and chaf. There was one sheet, two blankets, and a
quilt, to eat bed. The sheet was above, and a blanket below.
In the large room there were about twelve beds. The boys were
obliged to climb over wine of the beds to get to the others. (A
I piece of bread was shown to the witness.) Any of the bread might
have become as dark as this if kept long enough. (A laugh.) I
never ate any so dark. In summer the boys had bread and milk
for breakfast; in winter bread and milk and ustnicaL We had
breakfast, dinner, and supper.
Ile-examined—We had always such victuals as we could feed
heartily upon. I have assisted in rubbing the boys with hellebore
powder and hog's-lanl. I can't say it was for the itch. That was
in the latter part of 11122. NIT. Cade and a many of the
bigger boys assisted. A doctor used to attend the school. The
rubbing was contirmed for two or three weeks. About fifty boys
were rubbed. Last April I became apprentice to a medical Ulll4l.
I 110 not know that hellebore is used to cure the itch. We sus.
peeled it was the itch. The hellebore did not cure it. I was not
cured for four or live weeks alur I left it off. The buys used to
comb each other under the superintendence of Mrs. Italderon. I
have seen the boys comb their heads into a plate, and the contents
of the plate were burned. The fleas were in such abundance at
one time as to be a nuisance. That was before the blankets were
changed—about the time the cutaneous disease broke out. The
boys were in the habit of amoring themselves by catching fleas and
putting diem into a quill (a laugh).
henry Ihniwell sworn—l was three years at the schooL We had
plenty to eat, and good victuals I lay on a mattress, on which
was a feather bed. The room was dry. I slept up stairs, in the
largest room. I was kindly treated by my master. We were all
very comfortable.
Cross-ewaniitied—liar bread was not so black as that produced.
It was nearly so. Only halt of us had boars to sit upon before
Mr. Widows came. IVe bail no table cloths. Many of the panes
of glass were broken in the school-noon, for weeks togetba. raper

vas put up to keep out the weather. There was only one Ski
ninety of us. A good deal of my master's tin..? was taken up ti;
his fanti.

Ite-exatulned—The boys lid not complain of their tres'ierskt
while I WAS there.

Itaisbeck sworn.— I am now usher it Mr. BalderMea
school. I have been so about 111 months. The boys appeared atll
in perfect good health when I went there. I tun generally present
when the boys dine ; they always Lad enough. I hare the saws
bedding as theirs, and I find it warm and comfortable. I found
the boys as to Mr. Baldenin well content. I was educated at a
grammar-school Ilat Appleby. The bread used at Mr. Haldeman's.
of better than we have at Appleby. White betel is nut commonly
used, even in the best houses in the north.
Cross-examined.—The eruption made its appearance in . I
it has now ceased. was absent from the school about a fortaight,
and I got well while I was away. I cannot say how many were ilr
when I came back. My father is a medical men.. I recommended
an ointment to rub the boya' heads; it was red precipitate; Ido
not know that it is a preparation of mere.try ; it is wieJ to at away
proud flesh, but it was not so used at the szhool; I can't say bow
many used it; there were two smell buttes of po*der used. Thor
bobs have had chilblaimt, which have brokeh ; one or two hr:
ringworm in their heads. I believe I never said that disease arotie
from their sleeping so rank ; I never did say sd.
He-examined—The cutaneous disease was not the Itch. rho
ointment Was such as is tied to kill vermin about the person; 1
have known it used at the school at Appleby. I believe the cute•
neous disease arose from bathing. My father said it was not the
itch. We ran to the water together, and got in heated.
Thomas Lister sworn.--I 8:11 the plaintiff's Wulff; his fans is
about 70 actes. He fattens his own meat and grows his own ans.
He feeds the school with his own faueuing; it is capital good urea.
When he has not lie buys the bed of meat. 114 bits very

enough .._ Ays to-
good potatoes. The boys eat with a good appetite; I peter knew
them stinted.

.•shn Brushfield, the son of a former 'chitin, and Richard
Rubinson, two late scholars of the plaintiff; proved generally that
their treatment was good.
ilr. John Henry Dockhom proved that he had two sons at the
plaintiff's school, who were well trmied.
flu cross.exatuinatidn he denied that the cutaneous eruption they
suffered from was the itch. Ile admitted th • they were three weeks
being cured, and that he wrote to the pla: Fto say he expectedia
have his sons back •• clean as he had delivered them."
This was the ease for the plaintiff.
Mr. On aN sir, fur the defendant, said it was extraordinary that
the plaintiff had preferred to try this case In London, instead of
Yorkshire, where he Might so easily have brought forward hie
whole regiment of 'seventy scholars, to have vouched for the chat.
meter of idea, which be affected to consider so dear to him.
It was not to be supposed that for such a sum as was paid to the
plaintiff; children were to live in luxury, but it was to be expected
i that they should be lodged in some place better than a pigsty, and
kept clean, at least free from the itch. It would be proved that the
boys awoke in the morning, if they slept at all during the night.
with snow on their beds, and that pads were placed to catch the
water which Rowed through the roof. The largest room had a
window only four feet square. No whiles' had immured to sear
there was a single feather:bed in the school, nor was it attempted
to shew how often the linen was changed. The defendant
I had understated rather than exaggerated the evils of this
school. The hog's lard and red precipitate were the best
evidences of its good regulation and perfect cleanliness. The
boys, it was admitted, had a cutaneous disease, but DO
' itch. A gentle rash that broke out In July, according to the
usher, from bathing, remained with some of the boys six mouths,
and with others until they came home, and communicated the in.
fection to others. The sample of bread produced Would be proved
to be that in common use in the school, though in the parlour Mr.
and Mrs. Dalderon hail a very different sort for their Owls consump.
tion. The Learned Counsel then proceeded with a detail of the
evidence he efterw-rds adduced.
Edward Thomely sworn.--I am a surgeon • I was called in to
attend two boys, the children of 3lr. 'Widows, ;bout the middle et
December : the eldest was weakly. The itch was of long standing
it presented those appearances it could not have had unless it had
been some time with them.

Cross-examined.—lt must have been of three or four months'
standing. I never saw an instance of the itch in a school but once;
I have attended seven or eight large schools.
He-examined.—The elder bov had an ulccv in his legs. A com-
mon cause of the itch is want of cleanliness, combined with a wait
of sufficient food. A ring-worn and scald head are the same ill
common language. The ulcer had proceeded from the itch.
Christopher Stems sworn.—l am going for 16 years ; I left the
plaintiff's school about a year ago ; there were above 80 scholars 4
8 was the highest number that slept in one bed, 4 at the top and 4
I at the bottom ; three was the general number in a bed ; there was
also four, five, six, and seven in a bed ; there were two beds with
eight ; the sheets were unchanged for two months at a time ; the
blanket underneath was never washed that I remember ; them
were feather beds and straw mattresses ; I have slept on a mattress
without a bed ; the bed-room in summer was very hot, and hi
winter very cold ; the weather came in ; both rain and 1111011, berres
come in several time, ; it has come on the beds, and pails ham
been set to catch it ; the windows of the school-room have M.
mained broken for a quarter of a year ; we had brown bread nude
with leaven ; the sample produced is a fair specimen of it ; the
milk we had was sometinim sour ; we had fresh meat once or twic
a week ; our meals were not always such as we could eat ; the mo-
nitors combed the boys into a plate and threw the contents intotots
fire ; every boy in the school had the itch ; it remained in the
school several months ; when I went home it had not ceased to aPs
pear in my skin ; it broke out again ; we had a clean shirt OWN a
week, and had no night shirts ; after I came home I slept with
Mr. Hinkheacrsatan.
Cross-examined —I was five years at school ; Sfr. Bockhorn is
my stepfather ; Mr. Hinkhead is one of my guardians ' • I made
no resistance to my master ; I have sometimes slept in the room
with Cade.

111 r. Ilinkhead sworn-1 am the guardian of the last witness i
when he had been home a month I found that he had given ag
three sons the itch.

A surgeon named Curtis proved, that the disease caught by the
last witness's suns from young Sienis was the itch.
John Little sworn.—l ant fifteen next February. I was at Ms.
Balderon's school. I w ent there with two suits of clothes. I wose
one out. Ido not know what became of the other. I wore a suit
made for me by Mr. BAldcron. I used to wear my hat only oil
Sundays. 1 slept up stain, in the long gallery. There was no
ceiling, only tiles. The last winter I was there the snow came in
through the window on to the beds. It also rained in through the
tiles. The servants put tubs to catch it. The rain came in all
night. 1 had the itch. lam nut cured yet ;it is still in my blood
(a laugh). We had plenty to eat. The sample produced is the
mart of bread we had. Vi re used to eat the crust only ; the rest we
left on the table, because it was sour. The milk was sou: same-
' times. It was generally good. When I came away the boys had
the itch. It began about two months before 1 left. The straw
mattresses were full of fleas in the summer, when I fine wens.
New mattresses were made, and the old uses burned.
Mrs. Little sworn.--1 am the mother of the last witness.
never had any of the clothes back I sent with my sun. When be
came home be had every appearance of being well, except the
nasty disorder he hail, which he communicated to my other moo and
a lad I have had two years ands half.
Crusii.examined.—Mr. Cade called on me of his own acemsd
after he left Mr. Bulderon's. I had not engaged to let him have
any of my eons. I saw him last Saturday. Ile was with my see
at the door a chest time.

.....
John Daly sworn.-1 am fourteen years old. I waist Mr. Bel
deron's when the Widows' were there. The rain and snow mom
in at the roof. The room was very hot ; some of the boys used le
sleep under the bid, and others threw water over us to cool we
la laugh). In winter it was very cold. Sometimes we could not
sleep for the cold. The sheet over us was mostly dimly. The
sample produced is like the bread we had. It was sometimes sass.
We could not always eat the victuals we had, because they was
not always good. The itch was general through the school. I bad
It. Some of the boys had sores in their heads and legs. After
Mr. I ridows fetched away his two boys things were better with us.
Cross-examined.—l have seen Mr. Cade twice. Ile wanted too
to go with him, but he did not say where.
Mrs. Shepherd sworn—My son was at the plaintiff's school
When became home, he was as bad as he could be with the itch.
He gave it to all my children.
John Shepherd swom.—l am 13 years old. lam the son of At
last witness. I got the itch at Mr. Balderon's school.
George Day swore.-1 had a son at Mr. Haldnon's school is
April, 1821. Ile came away in January, 1823. In coneequeser
of some information I had from one of his school-fellows, 1 mot Le
him home. lie had the itch, and a hole in sack. of his legs. Ho
was spotted all over with the disease. He has been the Let Oft
weeks in the hospital. Ile never had a soar about him before*
Crum-eremined.—He looked very well in the fair when he emir
home. Ile is IU yean old.
Mr. flues et said he would not call Mr. Cade air a witness, be-
cause he had had a personal quarrel with the plaint&
George Day the younger sworn.--I had the itch six weeks ►e-
fore I C4IIIC home. There were eight of us in the same bed.
Cnisit-examinel.—About six weeks after I went to school. the
doctor lanced a swelling in my legs, but they did not get well.
They are getting well now ; but they were bad all the while I INS
at school. We had not mom enough in bed, we lay is each mites.
Frederick Greet, another of the plaintiff's scholars, gave 11416 iii.
evidence.

John and Thomas Widows, the suns of the defendant, wow
called 10 prove that they wrote home to their father to ictpldit hies
to send for them.
Mr. Se•RLETT replied.
The Loan J usTtce left it to the J ury to judge from taw
evidence whether the expressions of th 2 defendant were justified.
The Jury, in five minutes, found a verdict fur the
Damages__ is
The Court rose at seven o'clock.

811ERIFFS' COURT, WICIDNEAPAY, J•wrAve IL
Ine;firc the UNULZ-Z,HEitirr unit a Specie! Jai

EXTENTS.
THE MILL.
This was an Extent at the suit of the Crean, against as
defendant, upon a bond for SOUL
It appears Mr. Abel is a bookseller at Northampton, and Wads
ing the situation of ('ollector of stamp Duct,s, bound by bond
to the Crown in :10111. Upon this bond he made idnostelf &Inn, su
the Crown for 5001. The bond was !malacca!, and Mr. Abel imams
upon it, to be indebted the aniount in question.
The Jury, under the direction of the Sheriff. gave a verdict Sit
the amount, upon his ova testiniony, against him; after ablest
they acre re.sworn, to inquire on an Extent in .tid, it any, sad
what molter, Mr. John Hayes, paper-titimulacturer, of Hush If Ws,
Northampton, was indebted to 514 AbeL
The Solicitor tOr the frown produced the affidavit which hid
been previcusly sworn to by .11r. Abel, as required by the Crowil

-1
a

1

I

I'

r
1~~

.

~,

e granting of the Emelt in Aid alleging that the sum of
fets.lld. was due to hilt from Mr. Mays.
Mr. Abel sworn.—Esamined by the ;Sheriff— I c'. a bookseller
• pr orttampton, and hate long had connection v.oolr. Hays. ,
.ge Piaada indebted to WIC 1011. WS. lid. on the It'n•./ielllff
• ipflltlitdSt —1 became bail for him upon a Writ of arrest for 4411.,
•iind he decamped. I was then sued by the SbcriW upon my bail.
- bond, and was obliged to pay the debt, together with 81.1 s. 2.d.
...is* expenses that accrued therefrom. I had also dealing with hint
^ for tl,rec years in bills, made payable at his' bankeiti in town, all
• • of which were returned; and I was further obliged to pay 241.
ut-
• Serest due on those bills, which makes the amount I have sworn to
affidavit.
v.:rids—lt does not make the amount you have deposed on
this sum total is but lOW. 4s. 241.
' ;solicitor—Are there 'mother expenses that will make up
'Me Vidal*?
•" Mt. Abel—Yes, there are other things upon which he stands in-
' skt:ett tome. (Here the witness described that he had hid of hint
sunt-buoks to the amount 14 11. Gs. since the payment of the
Matt, ti conduct his accounts and various other things.
'• -virrancr—Your affidavit and the writ stne: for monies laid
tt earl expended ; " goods bold and delivered," therefore, cannot
td.cived to make up the amount to satiaty the sinus of your
,affidavit.
'ylltiiess--Then, Sir, there is no other claim upon which I can
'bahurce It.
The So Emirs., in his address to the Jury, said, whatever might
be the KUM stated in the affidavit, if it could not be made up by
money that had been " laid out and expended," that which was
'Kilted for " goods sold and delivered" evidently could not be ac.
Ileptal. and they.must therefore give their verdict for 1001., and not
.1411., as sworn to.
Jury assessed the damages at 1041. 4s. V.