The Sun.
London, England, 1865-09-07 00:00:00

rHE SUN, LONDON, THURSDAY EVENING, SEPTEMBER 7, 1865

works are to be thrown open, and the Dudley
caverns illuminated by Lord Dudley. On the same
day there is to be an excursion to Lichfield and the
Burton breweries.

Opening of the Birmingham Free Library

BIRMINGHAM, Wednesday.
To-day at noon the Central Reference Free Library, in
connection with the free libraries established in different
parts of this borough under the provisions of Mr. Ewart's
Act, was formally opened by the Mayor (Mr. H. Wiggin),
in the presence of a very distinguished company, composed
of many gentlemen now on a visit to this town in connec-
tion with the British Association.
At 10 o'clock the Mayor entertained about 250 gentle-
men at breakfast, at the Royal Hotel. Amongst the guests
of his worship were Lord Lyttelton, Lord Stanley, M.P.,
Professor Fairbairn, &c.
After breakfast the company marched in procession to
the Library Building, in Ratcliff-place. The formal cere-
mony of opening took place in the apartment called " The
Lending Library ;" on one side of this shelves have been
placed, on which are arranged about 19,000 volumes
selected by the Free Libraries Committee of the Corpora-
tion.

A prayer was offered by the Lord Bishop of Worcester;
this was followed by a few observations of a preliminary
character froM the Mayor, after which he called upon Lord
Stanley, M.P., to address the assembly.
' Lord STANLEY, who was received with continuous ap-
plause, spoke as follows :—Mr. Mayor, ladies, and gentle-
men,—Although, comparatively speaking, I am a stranger
in Birmingham—although only once before, and then only
for a few days, has it been my good fortune to be your
guest—although my presence here this morning is due
solely to the meeting of the British Association in this town
—and although as a general rule in local affairs I hold it
better, on the principal of division of labour, that men should
confine themselves to the affairs of their own neighbour-
hood and their own county—l have not thought it right to
refuse the invitation, the courteous and flattering invitation
which I received from your mayor to take part in the cere-
mony to-day. And I think so for this reason—that it is not
one of a merely local character, or which derives any part of
its interest or importance from the peculiar requirements of
this community of Birmingham. What you have done, or
rather I should say what you are doing, for when a build-
ing of this kind is finished its work only commences—
what, I say, you are doing is that which every great town
in England ought to undertake, but which comparatively
few have undertaken. Now, it is hardly possible to speak
of the uses of an institution such as this without repeating
things which, however true they may be, -and even be-
cause they are so obviously and so manifestly true, aro
almost necessarily commonplace. But looking at the
matter first from an educational point of view, wo find
that the nation spends yearly a million or so of money,
drawn from the public funds, and far more is spent which
comes out of the pockets of individuals, for the pur-
pose of teaching children to read and write, for that is
what the ordinary run of our school teaching comes to, and
I wish I could think that even these results were always
satisfactorily achieved. Then again, when the newspaper
stamp and paper duty and some minor duties were taken
off, Parliament gave up something like a million and a
half of revenue, and it did so not solely but mainly under
the influence of this idea—that no artificial impediment
ought to stand between the people and the free circulation
of literature. (Applause.) And when Parliament authorised
the burgesses of any town, by the consent of two-thirds of
their body, to tax themselves to a moderate amount for the
establishment of free self-supporting libraries for all classes
of the people, it was done with the idea—an idea which
was entertained by the townspeople of this country no less
than by Parliament itself—of providing instruction for the
population at large. Ido not say that that expectation
has been disappointed, because since thepassing of that act
only a comparatively short time has elapsed, and the first
lesson we must:learn in public affairs is patience. But Ido
say that these expectations have been only partially ful-
filled, for only Birmingham, Manchester, Liverpool, Bol-
ton, and a few other towns—about 25 manufacturing towns
in all—have availed themselves of the powers of the act.
In London nothing, or next to nothing, has been done.
That to my mind is not very surprising, because on account
of the very magnitude of London that feeling of local pa-
triotism, local public spirit, cannot there exist as it exists
in similar communities in the provinces. It is everybody's
lodgings, *and hardly anybody's home. (Laughter, and
hear, hear.) So, again, in the smaller towns, I don't know
that we should expect a great deal to be done there until
those of greater magnitude and importance have set the
example. Still, looking at the great prosperity of the last
10 years, looking at the general increase of wealth, and the
absence of disturbing causes, I think a more happy retro-
spect might have been looked for. One thing is clear, that
if in a large town three great libraries are to exist they
can only exist by putting into force the Act of 1855.
Private munificence may do much—Sir William Brown's
noble gift to the town of
,Liverpool is an example, in
addition to which we have only been reminded, of what
Mr. Adderloy has done here ; still, it is too uncertain to be
exclusively relied on, and it meets with too many other de-
madds apparently of a more pressing character. I say ap-
parently of a more pressing character, and yet, when ono
comes to think of it, when was there ever a state of things
in which rational, reasonable amusement and occupation
were more needed than in these vast industrial centres of
the present time ? I do not speak of this place particularly:
it applies equally to Manchester, and LiVerpobl, and Glas-
gow, and other large towns. But take the case of a man
who lives alone:in small lodgings, or of a man living with
his family in a small house. I do not take an extreme
case—l do not take the case of a poor man, but of one living
with some degree of comfort. Well, his day's work is over,
and where-has he to go to ?It is not pleasant for a man
to oscillate:l2 times a-week—from his bedroom to his work-
shop in the morning, and from his workshop to his bedroom
in the evening. It is not pleasant to walk about the streets
of a manufacturing town, in an atmosphere which no Smoke
Prevention Act can purify. (Laughter.) Cheap clubs do
something; they may yet do more, and I hope we shall have
a large number of them established. Still at the present
time very few of these free libraries exist. There seems to
be many practical difficulties in the way. of their establish-
ment, but, as the mayor has properly reminded us, an insti-
tution of this kind is not for the exclusive benefit of the
working class, or of any class, but of all classes impartially.
(Applause.) I say without fear of contradiction that a free
reading library, and, what is more important, a free lend-
ing library, are conveniences for which a real demand ex-
ists, and which, once thoroughly set a-foot, will never be
given up for want:of support. (Hear.) There was pro-
bably never a larger number of educated persons of compa-
rativelysmail means than at present, and the gain to general
enjoyment by those free libraries is not insignificant;
and when I say general enjoyment, I may say general mo-
rality also; for all of you understand how mttoh immora-
lity arises from being engaged in monotonous employment
without reasonable relaxation. Real and earnest students
are not very many, numerically speaking, in any rank of
life ; still, of such students you will have seine, and it is
hard to say how much labour will be spared to those men
by giving them access easily and at once *to such books as
they require. So,. again, there is another class, a rather
more numerous class—l mean inventors, or would-be in-
ventors. By being always able to refer to works on
patents, they may be saved from that fate which to my
knowledge has not unfrequently befallen men of genius—
that of inventing things which had been invented before.
They would then not suffer from the disappointment of
finding that their inventions were perfectly familiar
already. But these classes are numerically • small com-
pared to the total population ; and the real question is
does this building give a fair return " to the burgesses
for the money and labour expended on .it ? lam con-
fident that it does fully, and the best proof that I can
give is that, looking into the report •of 1864, I find
it stated that of all similar libraries up to that fiine, that of
Birmingham had circulated the largest number of volumes.

350,000 volumes represented the circulation of one year;
that is really a thousand a day. I understand• from what
the mayor stated just now that that number has been con-

. .
siderably increased during the current year, and I venture
to say that that circplation represents an amount of useful
and harmless enjoyment such as would not probably bo at-
tained in any other way by the expenditure of a similar sum

of money. (Hear.) Now I have only ono word or two more
to say: I hope your lending library will be extended and

_ .
carried on otia great scale. I have greater faith in the prac-
tical utility of this than almost any other. scheme. There

are many who, for various reasons, are not likely to Ire.

quent a reading-room of this kind; some think their clothes
are not good enough; some live too far off ; others do not

like to wino into a crowded hall. Ido
.not know what

led to these reasons, but still they will operate on tt

certain number of people. Then, again,lhowever largely
used, its space is limited, whereasthere is no limitation to

the circulation of books when those books are given out to
them to be read at home. I do not know whether it is pos-

sible, but I think it would be very desirable that works

should be lent, not merely to individuals, but to such clubs

and associations as are willing to use them—=security of

course being given for their proper treatment. (Applause.)
lam now coining to the last word. I don't think we ought

to be annoyed or disappointed if it turns out here, as it has

in other places, that tile largest demand is a demand for
works of fiction. (Applause.) Of course one would regret it
if the demand were confined exclusively to such, works, and

of course everybody sympathises in the wish of the Mayor
that you may have in one of tho rooms a really valuable

collection of standard works, such as may not be unworthy
of one of the greatest English towns. But .if it should turn

out that the most popular works for general circulation are
works of fiction, I do not think that is any reason for dis-

appointment. I never understood why it is so very much

the practice of educated men, who themselves enjoy a good
novel as much as anybody, to disparage its popularity. I
_ _

never understood that as arule men of the educated class,
after a hard day's work, were much in the habit of pursuing
some difficult historical question or abstruse mathematical
problem. (Laughter.) There are some whole love of know-
ledge and science is genuine and sincere—and these should
be provided for by all means—but do not be ashamed, do
not suppose you are descending too much to the weakness
of humanity by providing for those who look for an inno-
cent and not wholly useless enjoyment. (Applause.) Of all

kinds of literature, I take it that works of fiction are those
among which the greatest and most marked improvement
has taken place, and in their way they may be as useful as
works of a higher character. Well, then, do not let us
grudge amusement to those who go there solely for that
purpose ; let us be satisfied if it is harmless, and harmless
in 999 cases out of a thousand we may be assured it will
be. Life to many is a somewhat tame and dull affair, and
with our English climate and character we aro all the
better for every little bit of sunshine, moral or mate-
rial, that we can get. (Applause.) I have now said all
that I have to say, and it only remains for me to congratu-
late you on this great undertaking, to congratulate you on
the ample accommodation and noble appearance of this
building, and I hope the Birmingham Free Library may
continue as successfully as it has begun. (Applause.)
The meeting was subsequently addressed by the Rev.
Dr. Millar, Mr. George Dawson, and other gentlemen, and
the Mayor having declared amidst hearty cheers the
" Central Reference Free Library open to the public of Bir-
mingham for ever," the proceedings terminated.

Romantic Elopement of a Young Lady with
Her Groom.

At the Wandsworth Police-court, yesterday, Geo. Smith,
aged 18 years, of short stature, who had a very boyish ap-
pearance, was placed in the dock before Mr. Ingham,
charged with the abduction of a young lady named Crosse,
and also with robbery, under the following circumstances :
The Itev3ltobert Crosse, rector of Oakham, said his
daughter's name Was Alice Caroline, and she was 20 years
of age in June last. She had been living with him until the
night, or strictly speaking the morning of the 26th ult.
He missed her from the house. He knew the prisoner. He
had been groom and general servant in his house. He had
sent him away on the Thursday previously. Witness re-
cognised a box and articles in prisoner's possession when
arrested as belonging to his daughter.
Mr. Ingham inquired whether any property was found
but what was expressly purchased for his daughter.
The witness said that some of the articles were not
purchased for his daughter. Some of them belonged to
her mother.
Mr. Ingham said he would pass off from that part of the
case, as it was not necessary to go into the one of robbery
at present.
The witness was then questioned with reference to pro-
perty vested in his daughter. He said that on her coming
of age she would be entitled to a moiety of about £2,600,
also to further prospects on the death of her mother and
himself.

Mr. Ingham inquired whether he could swear that the
prisoner was aware of it.
The witness said he had no proof of the fact, but he had
reason ti) believe he was aware of it, because his daughter
was in the habit of speaking about her prospects.
Mrs. Jane Wiggins, the wife of a labourer, of St. Ann's-
place, said that on last Saturday week the prisoner came to
her house with his wife, as she thought. They both spoke
about the lodgings. She asked them whether they were
man and wife, as they looked so young—more like brother
and sister. He said, "Oh, yes ; we aro man and wife." They
took the lodgings for a week, but they remained beyond
that time. Witness could see that the was a perfect lady,
but they conducted themselves with propriety. They looked
at the bedroom together. The female made agreement and
paid the witness rent.
Mr. Ingham having expressed a desire to examine the
young lady, Inspector Lovelace brought her upstairs into
the court and placed her in the witness-box. Her appear-
ance excited great interest amongst the persons in the
court. She is a slight, lady-like young woman, having a
girlish appearance, and was very simple but genteelly at-
tired in a small black straw hat, black silk cape, and a
spotted muslin dress. She did not exhibit any symptoms
of nervousness, and kept her gaze frequently upon the pri-
soner. On being sworn she stated that she had been living
with her father until recently.
Mr. A. Taylor (the chief clerk)—Now explain how you
came to leave your father's house.
Witness (smiling)—l don't know. I left to be married
to Smith. He was nearly two years in my father's service.
The intimacy between the prisoner and myself commenced
about Christmas—a, little before perhaps.
Mr. Ingham—How did the intimacy first commence ?
Witness—By riding with him. I went out riding, and
he accompanied me as groom.
Mr. Ingham—Who made the first advance?
Witness—l don't know exactly.
Mr. Ingham—You can tell me that.
• Witness (smiling)—l think we were almost equal.
Mr. Ingham—Did you ever go into the stable ?
Witness—Oh yes, I have often gone into the stable to
see the horses cleaned.
Mr. Ingham—Who first proposed that you should leave
the house ?
Witness—l think I proposed that. There had been a
great row, and I was unhappy, and I wished to leave.
There was a great row when it was found out, about a
week before I went away.
Mr. Ingham—Now tell me all about it.
Witness--I arranged it. He was sent away at a minute's
notice. I saw him in the passage when lie was leaving, and
I merely told him to come the night after to my bedroom
window. I used to light paper in the window.
Mr. Ingham—What happened on the night in question?
Did you light paper ?
Witness—Yes ; directly after papa went to bed.
The Rev. Mr. Crosse (explaining)—l went to bed about
12 o'clock.
Witness—l lit papers in the window, and he came up
outside. I think he was in the lane. I told him I should
go away. I put my things out of the window, and then I
got out myself. 1 scrambled out somehow, as I had no as-
sistance. I think he helped me a little when I got nearly
down. I think I was slipping down, and he held me.
Nothing further took place, you know, except that wo
walked together to the station. I did not know where I
was going, but I thought I was going to London. I pro-
posed walking to Weybridge station. It is a distance of
about five miles and a half along the road. We walked
there together. We took a mail train to London, and I
paid the fare. I don't know who paid for it, as our money
was put together. I had about £2, and he had .£5 2s. The
money was put together at Weybridge. I took the money.
We went to Waterloo station, from thence to a coffeehouse
in the City, where we had some coffee. Wo went to
Doctors'-commons for a license of marriage. He applied
for it. We could not have it without my father's consent.
I did not hear what was said, as I was not present. He
told me that afterwards. We came straight to Wands-
worth. I proposed Wandsworth, as I thought it would be
more convenient. I had often been through Wandsworth.
We took lodgings at Mrs. Wiggins' from seeing a card in
her window. I know what fortune lam entitled to. I
never talked much about it. Since I have been at Wands-
worth I said I should have it in the summer. I had
heard that there was a probability of my having money
on my father's death, but I knew I should not if I mar-
ried George. I might have said I should not have any-
thing at my father's death. lam not the only child. I
have a sister. My father is in good circumstances, he keeps
two horses and carriage. I suppose any father is a rich
man, not very rich. I don't know whether the prisoner
knew what my father had. I suppose he thought my father
was in good circumstances. I never talked to him about my
sister. It was my own act and deed that of leaving my
father's house. The prisoner does not detain me. I prefer
to have his society. It was my idea the getting out of the
window. Whether George was there or not I should have
gone. I don't know whether I should have left that even-
ing if he had not been there. I had made up my mind to
leave at the earliest opportunity, and I should have left if
George had died. After I was out of the window I told
him I wished him to accompany me. It was my own sug-
gestion that we went up to London. He might have paid
the fare, as I don't remember. He did not entice me to go
away. When I got out of the window he asked me if I
had not better stay. I said I would rather not. He asked
a policeman about Doctors'-commons. I did not know
much about it. I proposed asking a policeman, and we got
the information from one. The prisoner went inside and
I waited outside.

Mr. Ingham said it was a question of law whether a
person under 21 could give consent. At present he thought
it was a case to be decided elsewhere. The question was
whether she had been fraudulently taken away. There was
no allurement, and there was no detention, but the prisoner
assisted her to go away. He took her away, especially if
he paid the fare, and he (Mr. Ingham) should like to hear
the evidence on that point.
The young lady, in answer to further questions, said the
prisoner was going to work for his brother, a farmer.
Nothing was said about that until they came to Wands-
worth. They talked about how they should live in the

country, and ho said he could work for his brother. She
proposed that they should buy a business with the money
she would have. Ile asked her not to touch the money.
Mr. Ingham then remanded the prisoner, but consented
to accept two sureties in £lOO each for his appearance.
The young lady retired with her friends, and the prisoner
was removed to the cells. The bail, two tradesman of
Wandsworth, were, however, soon forthcoming, and ho
was led away by them in a half fainting and hysterical
condition.

It was stated that the banns of marriage between the
prisoner and his late young mistress had been published in
Wandsworth Church.

FUMIGATING TRAVELLERS.—III consequence of
an ordor from the prefect of the Alpes-Maritimes, sug-
gested by the sanitary council and the mayof of Nice, tra-
vellers arriving in that town from Marseilles are sub-
jected to a disinfecting fumigation in a room at the station
prepared for that purpose.
[ADVERTISEMENT.]—HoIIoway's Pills.—Confldential A d-
vice.—To all persons who suffer from Unions headaches.
disordered stomach, biliousness, or flatulency, these Pills
are most strongly recommended as the safest and quickest
mode_ of obtaining ease without irritating or weakening
the nervous system. Holloway's Pills are especially useful
in clearing away any excess of bile which usually produce
fever, unless remedial measures be adopted without delay.
In asthma, bronchitis, and congestion of the lungs they
may be relied upon for removing all danger, and by
purifying and regulating the circulation they effectually
prevent relapses. By rousing the liver to a fair secretion
of bile and quickly carrying it off from the system, these
Pills ward off low spirits, listlessness, and those distressing
feelings often called nervous.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—An inquiry originating in a question of
public finance has incidentally revived a discussion
of inexhaustible interest. It was doubted whether
the endowments of charitable institutions were not
liable to assessment for income-tax, and in the in-
vestigation of the subject reports were obtained
through the Charity Commissioners respecting cer-
tain foundations of known wealth and importance.
Among other establishments selected for this pur-
pose was Christ's Hospital, and in the report upon
the revenues and services of this famous school it is
questioned whether the proper objects of the foun-
dation are either pursued or attained. Christ's
Hospital was founded especially for the reception of
helpless orphan children, and although some devia-
tion from the original design would be not only
allowable but inevitable, it is alleged that the diver-
sion of purpose actually prevailing exceeds reason-
able limits. On the assumption that the benefits of
the charity were intended solely for the destitute, it
argued that these intentions are no longer fulfilled.
The school is not a school for the very poorest
classes, but for classes more or less above them ; and
what is more, the standard appears to be continually
rising. The social position of the boys received is
higher now than it was thirty years ago, and it is
accordingly suggested that arrangements operating
prejudicially to the interests of the poor should be
carefully revised. This subject well deserves atten-
tion, and especially because Christ's Hospital, whe-
ther actually fulfilling the designs of its founders or
not, does certainly fulfil them more nearly than any
other public school in the kingdom. If this famous
Bluecoat School be not a real charity school, there
is no such thing as a charity school in the country.
Christ's Hospital differs from all other public schools
in this--that it is all " foundation," and nothing
else. At Eton, at Winchester, at Westminster,
and at Charterhouse, for instance, the foundation
boys or scholars form only a certain proportion of
the school, and even these privileges few rarely es-
cape without some charge. But at Christ's Hospital
every boy is on the foundation ; they are all " Blues"
from the top of the school to the bottom, and
all are maintained and equipped out of the funds
of the House. The number, too, of the boys thus
gratuitously boarded and educated is comparatively
enormous. At Eton provision is made for 70 foun-
dation boys only ;at Charterhouse for 40. Christ's
Hospital takes upwards of I,loo—a greater number
than all other public schools together. Yet the re-
venues of the Bluecoat School are but £60,000 a
year—a princely income, no doubt, but not very
much in excess of other schools doing not a tenth of
similar service. The fact is there is no dead weight
or " ineffective" service" at the Hospital. The whole
establishment consists of masters who teach and
boys who learn. Clearly, therefore, no exception
can be taken to Christ's Hospital on these grounds,
and to arrive at the grounds of complaint we must
turn, not to the immediate application of the re-
venues of the school, but to the principles of selec-
tion by which the recipients of its bounty are deter-
mined. 'This part of the subject the Report will
enable us to illustrate very plainly indeed. Of
course, the admission to a school even of 1,200 boys
must be regulated by some preference in times when
12,000 would like to be admitted if they could.
Children are accordingly " nominated" or " pre-
sented" to Christ's Hospital by certain patrons,
styled Governors, besides which admission is opened
through various local or special channels. Some-
times the ratepayers of a parish can nominate a
scholar by vote in the vestry, and send a poor boy
up from his native town to the great school in New-
gate-street. However, without pursuing this point
any further at present, we will subjoin an analysis of
the presentations actually made in the three years
ending with 1862. As many as 192 boys were cer-
tainly the children of professional men—that is, of
men presumably competent to put their sons to school
without assistance from charity ; but then we learn
as we proceed that 60 of these boys were orphans,
that in eleven instances their families were abso-
lutely destitute, and that the incomes of the others
only averged £172 a year. There would still be
132 sons of living professional men, but here, again,
we are told that the incomes of these men averaged
but £244 a year. Then there were 293 presenta-
tions of the children of merchants, tradesmen, and
clerks, 84 of whom were orphans and 24 destitute
orphans, while the incomes in the case of parents
still living averaged about £lBO a year. The list is
completed by 16 presentations of children of jour-
neymen or servants, seven of persons without occu-
pation, and seven of persons who had deserted their
families. We need hardly be at the pains of remark-
ing, after these statistics, that Christ's Hospital is
not a school for the aristocracy. Its endowments
have not been perverted for the advantage of the
opulent or powerful. A professional man with an
income of £250 a-year, and perhaps half-a-dozen
children, can hardly be thought above the need of a
scholarship for one of his sons. On a broad view,
indeed, of the admissions thus classified, it does not
appear that any single boy could have been an unfit
recipient of the charity. The proportion of orphans,
it will be seen, is very large, and of these several
were not only orphans, but destitute also. In fact,
the objection, as we understand it, is only taken by
comparison. It is said that the classes thus benefited,
though certainly not rich, but rather poor, are not
the poorest, and that pauper children have no share
in the charity designed for them alone. Christ's Hos-
pital, it is confessed, is of great advantage to certain
classes, but not to the right classes. Suggestions are
therefore offered towards remedying the alleged evil,
but, with one exception, we should doubt the expe-
diency of the measures proposed. In short, we are
by no means certain that the reforms recommended
would render this famous foundation productive of
more public good than it yields at present. It would
be necessary to look closely into the incidents of the
original foundation before entering on a rigorous
definition of the original design, but if Christ's Hos-
pital was really intended for the benefit of paupers
only, we may say that the diversion of its funds to
their present object is no more than has been accom-
plished by common consent and with common ap-
proval in most seminaries of the kingdom. At the
universities the claims of mere poverty have in many
prominent instances been deliberately set aside, and
probable proficiency has been accepted as the quali-
fication instead. It has been decided that no public
advantage could ensue from offering a high educa-
tion gratuitously to those who were unlikely to
profit by it, merely because they were unable
to pay for it. As far, therefore, as the mere de-
flectionoof purpose goes, Christ's Hospital has but
submitted to an influence universally and almost
insensibly at work. Nor do we see exactly what is
the alternative kept in view by the proposal of re-
form. If the benefits of the foundation are to be
confined to helpless paupers, Christ's Hospital would
simply be turned into an enormous ragged school.
If its benefits are merely to be carried down to a
lower stratum of society, the objections at present
preferred would be applicable still. Supposing, for
instance, as suggested, that presentations were
allotted to some of the best conducted benefit socie-
ties or trade unions, it is not only possible but pro-
bable that the parents of the boys presented might
still be in receipt of incomes of £lOO or £l5O a year,
for many a mechanic could earn that much. And,
again, if the existing system is to be denounced as
favouring a certain class or classes, what would be
said of a system favouring one class only—namely,
the very poorest. It really appears to us that little
can be said against the present uses of the founda-
tion, excepting on a single point. Let us admit
that the hospital should be for the benefit of all.
The rich classes do not want it, nor the class under
them, nor the class under that. In fact, all classes
of society above professional men with very small
incomes do, as we nave seen, dispense with any ap-
plication for advantage out of these endowments.
The applicants begin with struggling lawyers, clergy-
men, or surgeons, and they go downwards through
the classes intervening, even to working men and
domestic servants. This is a very wide range of
good ; we doubt very much indeed whether the true
interest of the public would be promoted by an
abrupt return to the alleged purposes of the origma
foundation.

HERALD.—That a courteous and generous under-
standing should exist between the bench and the
bar appears a condition so essential for the dignity
of English justice that the least public failure of it
is in a high degree painful. This does not imply
that the judge and the advocate should necessarily
be at all times in accord, because there have been
occasions, and those of memorable import, when
noble assertions of right have been made by inde-
pendent lawyers against judicial attempts at brow-
beating ; but there is the step from the sublime
to the ridiculous, which the president and pleaders
of a criminal court would do wisely to avoid
with all the caution at their command. It has been

unpleasantly manifest, however, for several months
past, that there is a hitch in the working of the
Middlesex Sessions at Clerkenwell, and that two, at
least, of the extra judges sitting there are in fre-
quent collision with one.or more members of the bar.
The two judges are Mr. Payne, conspicuously, and
Mr. Sergeant Dowling, a little more agreeably
obscure.' The barristers are Mr. Pater, conspicu-
ously, and Mr. Warton, also a little more agreeably
obscure, considering what the circumstances have
been. It was only a short time since that the prin-
cipal figures in this quartet got up not at all a pretty
quarrel, which ended in the usual forensic smoke of
words, only to break_ forth again when the opportu-
nity offered. Simply to clear the ground, we may
recapitulate two or three incidents which took place
on Tuesday afternoon last, when this unpleasant
opportunity did again occur. Four thieves were
tried beforer Mr. Sergeant Dowling, deputy assistant
judge. They were all convicted, so that they form
a very slight part of the case. Mr. Pater defended

one, and Mr. Warton another. Mr. Pater, in this
particular instance, held to the ordinary course of
an advocate, but Mr. Warton launched into an un-
measured tirade against the police ; he denounced
them as growing up into a most unconstitutional
power ; he declared that this country was in danger
of becoming police-ridden ; he told the jury that
men were constantly raised from the lowest rank to
wear stripes upon their arms for manufacturing
prosecutions and suborning evidence. Here he was,
very properly, interrupted from the bench. He had
no right, said the judge, rather too rhetorically, to
asperse so large and respectable a body of men as
the metropolitan police, to say broadly that they
were in the habit of employing boys and other per-
sons to get up evidence, orthat they dealtin perjury ;
for " if this were true then this country would be the
most degraded the world has ever seen." After a
picturesque interlude of " suppressed applause in
court," Mr. Warton went on. He acussed Sir Richard
Mayne of endeavouring to set up a despotism of
setting aside acts of Parliament, and of subverting
English liberty. Considering that his client was
a doubly-convicted pickpocket these heroics were
absurdly out of place. But this ended the forensic
frolic of the day in Mr: Serjeant Dowling's court.
In Mr. Payne's court Mr. Pater provoked a slight
explosion in the case of a man acquitted by the jury,
without the judge's summing up, of assaulting a
constable at a fire. There was a loud burst of ap-
plause, which the judge severely reprehended. Then
Mr. Pater interfered, to apologise for " the body of
the court." "No doubt," he said, " they feel that
this is a police prosecution." Counsel for the pre-
secution instantly interrupted him with a rather illo-
gical question, and he was, in the mildest manner
possible, reprimanded by Mr. Payne. Two exhibi-
tions so unseemly sufficed for Tuesday's sittings.
There are some reflections to be made upon these
scandalous altercations, slight as they are in them-
selves. With reference to the judges it would be far
from our wish to suggest any other remark than
that their particular court at Clerkenwell appears to
contain the peculiar atmosphere favourable to these
wranglings, of which we hear more from the Mid-
dlesex Sessions than from any other. Is it a fault
of temper or taste, or an infirmity of judgment ren-
dering them impatient of the hot harangues which
otherjudges, more serene and equable, might hear
to the end and then dispose of by a. few words of
cold and keen rebuke ? We do not venture td sur-
mise ; but it does seem a striking coincidence that
scarcely any session elapses at Clerkenwell without
one or more ebullitions similarly to be regretted.
With respect to counsel, assuredly Mr. Warton was
bound to do the best for his clients ; but the worst
can be done with the best intentions, and it was
almost ludicrous to dilate before a jury on the perils
of the British constitution, when the safety of a
gold watch was the prominent question with a batch
of well known malefactors to answer it. These loud
tongued appeals to jurymen upon false issues do ne
good whatever. They exalt the rascal in the dock
with a sense of his own importance ; they teach the
scum and vagabondage in " the body of the court,
to believe that the thief is an ill-used citizen ; they
may bring a few briefs to the bullying advocate,
but they degrade the advocate's profession. If We
are to have justice administered between the highest
and the meanest, our trials must take place in as
atmosphere not influenced by the vulgar vehemence
of declamatory counsel or the still more painful
irritability of susceptible judges. It is said that we
cannot expect the highest forensic etiquette or
judicial calmness in a minor criminal court; nor
can we ; but, upon the whole, the bar is what the
bench compels it to be less by rebuke than by ex'
ample. It is bad for the public, for the profession,
for delinquents on their trial, and for justice itself,
that criminal investigations should be interrupted by
episodes of recriminatory passion. At the same
time, endeavouring to stretch the whole compass Of
the question as raised by these untoward incidents,
it is not to be denied that the country pays a great
deal, and that individual wrong is occasionally in-
flicted by what are termed police prosecutions. Na
doubt, the police of London, east and west, are, as
a body, generally respectable, though not in an equal
ratio sagacious. They have arduous duties to fulfil,
they undergo considerable risks ; and much is con-
stantly expected from them. On the other hand,
they enjoy a peculiar protection under the law,,
which holds a wilful assault upon a police-officer to
be little less than heinous. But, as in other bodies,
the superiors are ambitious of power, and the in-
feriors are eager for promotion. Hence, although
Mr. Warton, to whom the Deputy Assistant Judge
gave a contradiction so direct and so stinging, that
the court of justice at Clerkenwell appeared for the
moment to have lost all dignity, was inexcusably
in the wrong when he pointed around him to men
present as having won their way up by impermis-
sible methods, he aimed, widely indeed, but still
aimed, at an evil which indubitably exists. Looking
at the whole matter without prejudice, we can but
deplore the frequently recurring brawls—for they
deserve no other term—which are rendering the
Middlesex Sessions (whether the responsibility
.lies
with the bench or with the bar) intolerably conspicu-
ous ; we must regret the looseness of language in
which counsel with a vituperative faculty indulge,
and we wish the judges could find a better method -
of rebuking them. As to the main point of contro-
versy between them, may it not, in due course, be
considered worthy- of investigation ?