The Sun.
London, England, 1848-04-04 00:00:00

ASSIZE INTELLIGENCE.
TiLortztich, April 3.
MID L /VD GIB
.CEl_l7'.7-
(Lef ore Chief Justice, NY ILDE.)
TROI3ECIITION OF DR. LEE, BISHOP
THE tf • GITTTERIDGE.
oF-OAI4CS .7
The trial of this indictneut, which has excited so
much interest, • came on to-day.
Thevase i 30. well known, by, the-voluminous reports
published by us of the proceedings in London, that it is
hardly-necessary for us to give the present in detail.
Mr. Whitehurst, Q.C., bir Humfrey, Q.C., anti Mr.
Waddington, were for-the prosecution. Mr. Gutteridge
conducted his defence in person.
The information charged that at the time of the
printing the libel, he (the prosecutor) was a clergy-
man of the Church of England, and the Head Mas-
ter of _ the Free Grammar School at Birmingham,
and, as such, had the education of many youths
under his care, and there was a certain other school
called ,A The Bluecoat Charity School," but that the
defendant, intending to wilfully, 31c; did, on the 24th day
of Decembers, 1846, publish a-scandalous libel, to wit—
"He (meaning-Dr. Lee) eagerly sought to connect
himself- with every public establishment here (meaning
Birmingham), whether of charity, literature, or science,
and almost everywhere, by exhibiting a most officious,
insolent, and domineering behavioni', and an intriguing
and ill-nc.tured disposition,
_which dishonoured Ms cha
racter as a clergyman, •„lie insulted and disgUStecl the
most respectabe and respected supporters of our public
institutions; and, further, pursued with spite and bitter-
ness many of OV3n the persons of their elfldree:wht [dared
to act with independence and spirit, so far as to resist
his advances, &c. Also, on the 30th May, 1846, in the
defendant's printed report of the meeting, he reiterated
those charges, and upon other occasions, the charges
made by the defendant, in fact being, that Dr. Lee was
a person of overbearing manners; that he had been
guilty of intoxication, and of conduct generally such as
to threw an odium- -upon the .Church and on himself as
an unworthy member of that Church." The defendant,
by his plea, justified -the principal charges.
Mr. WHITEHIIRST; in his opening address, observed,
the Bishop of Manchester had very reluctantly been
compelred to bring the case into court to vindicate him-
self from the libels; the result of the defendant's
malignant enmity. But though he (the prosecutor) felt
reluctant to, and abstained from prosecuting the author
of the libels upon himself whilst he remained at Bir-
mingham,-where ha was -known, yet now that he was
promoted to the high station he then. filled, it became
absolntely necessary he shOuld do so, unless he wished
to limit-his sphere of usefulness in his diocese.. Dr.
Lee was formerly Second Master of Rugby School. from
which he was promoted to-the Head Mastership of King
Edward's School, at Birmingliain, and since his master-
ship of it, the school.had.become second to none in re-
pute, and some of the most distinguished scholars bad
been sent from thence to- both..the Universities,. where
they had taken the highest honours. Dr. Lee had lived
in Birmingham, beloved and esteemed by all who knew
him, and being desirous VI extend his usefulness. to the
charitable institutions in the town, he-was led to become h
a governor of the Hospital, and a member of the
government of the Bluecoat School, where he exerted
himself himself to rectify and reform abuses. No doubt
created. in the minds of many. On the
24th of. Deteember,. 1845,--there ..was that published in
. •
a pamphlet which foamed-part of the libel complained
wof ; certain pa were not justified by the pleas. (The
Learned Counsel read the matter charged as libellous at
length-, -and, as this -has already appeared in our columns,
we abstain from reiterating it.) These libels being pub.
lished, Dr. Lee took the advice of his friends as to the
propriety of prosecuting them. Their advice being that
he shou,ll, observing " He_was well known, that every-
body loved and esteemed himond that nobody believed
a single syllable of .whet was. uttered in his dispraise."
On May 19th, 1846,..Mr. Gutteridge called a meeting
together, by placard, the object being stated to be, "To
take into consideration the state of the public charities,
especially the Hospital and King Edward's Free School."
At that-meeting 5,000 people attended. Mr. Gutteridge
addressed them, and reiterated his previous charges.
When Dr. Lee was named_ . for the bishopric, the defen-
dant addresied a circular letter to the Archbishops,
Bishops, and, all the great officers of state, remonstrating
against the appointment. Dr. Lee feeling that now,
elevated as he was, his-usefulness would, be much nar-
rowed unless he disproved such charges, obtained a rule
for a criminal information, thus giving the defendant an
opportunity of putting what he did know upon oath.
Mr. Gutteridge made no affidavit whatever, neither he
or Ms friends, and the rule was made absolute. Though
the case was coining down for trial, Mr. Gutteridge, on
the Bth March, addressed a meeting, reiterating the
charges, and attacking Lord Denman. The Learned
Counsel passed an eloquent eulogium upon the conduct
of Lord Denman, both as an advocate and judge, alluding
to his fearlessness of offending those in power when
duty to his client urged him on, reminding the Court
and jury of a--particular instance of the latter on a
memorable trial in the House of Lords, alluding also to
the generosity of the- Prince, who, when on the Throne,
chose to forget all that had passed at that time. The
Learned Counsel concluded by expressing a firm belief.
that _none of the charges the defendant had justified
would he be able to sustain, and that in the result there
must be a conviction..

his advocacy of such a cause before the proper authori-
ties. He had not the slightest doubt as to the result,
and he approved of the promptitude with which the cir-
cumstances were thus publicly made known by the Rev.
Gentleman who had called his attention to it. There
appeared to be rational ground for expecting the kind
co-operation of the similar institutions in the metropolis,
and he should feel it his duty to communicate with Lord
Ashley and other members of the committee on the sub-
ject next day.
His Lordship received in the course of the day the
sum of 161. 18s. from the elergyman who officiates at the
French Protestant Church in St. Martin's-le-Grand, as
the collection at that place of worship on Sunday, in be-
half of the British workmen expelled from France.
A great number of the members of the Stock Ex-
change, merchants' clerks, professional men, and trades.
men, were sworn in as constables. The volunteer con-
stabulary in the city of London is now so numerous
that the protection in every street, in the event of any
enterprise of the window-breakers and thieves, will,
it is considered, be effectual. All the arrangements
made in the City for complete co-operation with the
metropolitan force in preserving the peace are said to be
perfect.
Tirana s Fletcher was brought up, charged with
having stolen a diamond pin from Mr. Howard, of Bil-
lingsgate.
The complainant had come to London-bridge in a
stettrn%ibssel, and as he was departing from the vessel,
in the midst of about 100 others, the prisoner slipped the
diamond pin out of his shirt. The complainant caught
the fellow by the hand, and would not let him go until
an officer appeared. The prisoner struggled to get away,
and offered all the money he had for his liberty, but the
temptation was resisted. He was remanded for further
examination.
WESTMINSTER.
Henry Holder, a dog fancier, was finally examined,
charged with having assaulted and very severely injured
Jaines Edgeson, 112 V.
The prisoner had been remanded from Wednesday
upon the evidence of two respectable .persons, who saw
him struggling violently with the constable, and observed
hit give the latter a fall which caused a severe wound
onlhis head, and prevented his attending against the ac-
cused when first brought before the magistrate.
Irby constable, whose head was enveloped in a linen
bandage, and who appeared to be extremely weak,
stated that between eight and nine o'clock on the even-
ing of fait Tuesday week, his attention was attracted by
a Oise' as of persons quarrelling, near the Goat and
Bctots, ittrLittle Chelsea, and on going to the spot he
foand the prisoner and another man standing on the
narrow footpavement, with a large dog lying at full
length between them, so that the:path was completely ob-
stiiticted, and persons were obliged to walk in the road
to Ipass.. Complainant requested the prisoner to move
on with his dog, at the same time observing that he
cotiid carry on the conversation in which he was en-
gaged on his way. Prisoner immediately applied very
filthy language to him and refused. Complainant passed
on! for a minute or two, when, finding the obstruction
still continued, and the prisoner and the other man were
talkingin.so'loud a tone of voice as to excite the atten-
Skin of passengers, he again asked•the prisoner to move
slay, but with no better sUccess than before. He waited
another minute or two, and then' said • that if they did
noo move the dog, which was with them obstructing
th pavement, be must: ; Complainant then took
h d of the chain held by the prisoner, which
w s fastened to the dog's collar, and pulled the animal
in f o the road, when the prisoner instantly struck com-
pl inant two blows, one on the cheek and the other on
th breast. Complainant then -took him into custody,
w en prisoner resisted violently, and in the scuffle both
th it hat's fell off. Prisoner asked to be allowed to lead
hi dog, and. complainant consented, but continued his
h dof the prisoner. The latter then suddenly stepped
b ore him and struck him again about the face, sad
ki king up his heels they both fell together. They got
1
ti when the prisoner continued his resistance, struck
hi again, and ultimately swung him round and threw
hi with his head upon the pavement. Complainant
re eived a severe wound on the head-from the fall, and
in which state he was
i ediately became insensible,
to en to Mr. Goodrich, a surgeon, who dressed the
wound, which was very severe, and from the effects of
which complainant had been in, a very bad and weak
state ever since.
In his cross-examination by a solicitor, who attended
for the prisoner, the complainant distinctly denied that
h kicked the dog off the pavement and thrust the ac-
cused at the same time into the road.
Mr. BRODERIP observed that the case was of too
sef

,s 1 tom a nature for him to deal with summarily. It was
i ite clear that there was an obstruction, and the police-
n u was only doing his duty in removing it. A violent
a ault was the result, and the constable had received a
v ' y serious injury. He (the worthy magistrate) would
n t try the case, but send it to the sessions. - If, how-
e r, the prisoner wished to make any reply to the ease
h was ready to hear him.
The prisoner's solicitor said he would rather not. He
sliould reserve his defence until the trial.
Mr. BRODERIP ordered the prisoner to find two sure-
ties in 251. each, for his appearance at the sessions to
agswer the charge of assault.
ißail was immediately put in, and the accused was
liberated. -

The evideuce.was proceeding when we were obliged
to close our dispatch.
The case will prol..bly occupy three days.

CENTRAL CRIMINAL COURT.
NEW COURT.
(Before Mr. Commissioner BULLOCK, Alderman FARE-
BROTHER, and Mr. Sheriff HILL.)
The Learned Commissioner took his seat in this court
at one o'clock yesterday.
James Ryan, 27, a cabinet-maker, was indicted for
stealing 100 lb. of manufactured tobacco, value 181., and
51b. of American soda biscuit, the property of the Lon-
don Dock Company, from their dock.
It appeared from the evidence, which was very com-
plicated, that on the evening of the 26th of February,
when it was quite dark, a young man, named Dyke,
observed a cab drive up to the eastern boundary wall of
the dock, where two persons were walking up and
down. They gave a signal, and in a minute after-
wards a large heavy parcel fell from the dock wall,
the two persons hurried into the cab, which ra-
pidly drove away. The next morning the prisoner I
was found in the warehouse, concealed behind a
bench ; and on being asked how he came there, he
said he worked in the dock, and had got through a hole
from the East Quay to sleep. On the following morn-
ing the foreman found that a hogshead of tobacco had
been broken open, and a considerable quantity taken.
It was found that the prisoner did not work in the
docks, and accordingly it was thought that he was im-
plicated in the removal of the tobacco. He was taken
into custody, and in his pockets were found some pieces
of biscuit which it was proved had been taken from a
hogshead which stood near to those from which the to-
bacco had been stolen; in addition to which, a piece
of a brace and a brace button were found on the to-
bacco hogshead, and on examining the prisoner's dress,
that piece of brace and the button were found deficicient,
the prisoner's other brace corresponding exactly. Some
days after the robbery, an exciseman, named Lewin,
saw a man carrying a parcel in a very suspicious manner,
and on a,lung him what it was, the man threw it off his
bead with such force as to knock down the exciseman,
and the other managed to escape. The parcel was found to contaii the tobacco which had been stolen from the
docks, several of the duck officers swearing to the
identity.
The ease- for the • prosecution wise, that the prisoner
bad secreted himself in the warehouse on the Saturday
a prec.)neerted scheme, handed
they
afternoon, and, by
tobacco over the wan to the persons who were seen on
the look out, and that he had intended to slip away the
next morning when the gates were opened.
Mr. PAYNI:, for the defence, denied that there was
any evidence upon which his client could be convicted.
The jury. found the prisoner Guilty, and
The Learned COMMISSIONER sentenced him to be
transported for seven years.
John Esberry was convicted of pocket picking. The
prisoner had been convicted before, and was also known
to the police as
_a thief.—Sentenced to_ seven years'
transportation.

POLICE INTELLIGENCE.
M ANSION-HOUS E.
The Rev. Robert Lovett, minister of Meubceuf Chapel,
in Paris, waited upon the Lord Mayor, for the purpose
explained iu the following letter, addressed to his Lord
ship by :that gentlem.an:—

" April 3, 1848
T.or' l —Having obtained from the committee fur
"My— ' • from France through the
~.
the relief of English refugees
kindness of Lord Ashley, the means.roufmretili,aorviistigatnhtei
British orphans under
Orleans, and intending (I). V') to return to Paristhis
week, charge f
week, and to seml over the children, without loss of
time, ono giest object which I had in view in proposing
"1 eallint4,cou your Lordship is accomplished, and I
our Luriship's kind patron-
agehave only now to entreat
and protection for those destitute children .when
they shalt have arrived in London.
.• There are thirteen
have for many years - . ,
boYs and nine girls whom we
exclusively in path. maintained by funds rya:i:!ec_l
lish residents, and tir c departure of i' ng
visitors, from whom the means t f supporting the
British Orphan Asylum, and dam r
Y •ree-sch schools for poor
BritiSh children, was derived, compel the °,,,,5” •
cf
those institutions to close them, and noth-te. -i-e-1:e-iNt7frtslo;
them, under the peculiar circumstances of-tile times, than
are all
to
.bring the orphans over to EnglArd.
British subjects, and considering their hel 'llleY gether with their national claims, I du trustP"'Ter to
Lordship will be pleased to give them the bn,tfit'to-fly.(,))utirr
official influence in obtaining fur them ' •
. . win protection when 1
they arrive.
" I have the honour to be, my Lord,
" Your Lordship's most obedient, humble servant, 1
" ROBERT LOVETT,
" Minister of Nlouboauf Chapel, Paris."
Mr. Lovett, who was accompanied by Mr. Joseph
Soul (the Secretary to the Orphan Working School), of
Havesstock-hill, stated to his Lordship, on his subse-
quent interview, the urgent grounds of his application,
and said he was convinced that the heads of institutions
in London would feel deep interest in the caw, which
he apprehended had no alternative,
Mr. Soul said (as our reporter believed) he should
take the liberty to suggest the necessity of applying to
the various institutions in the metropolis in which the
interests of children formed a prominent part of the
system, to extend their benefits to the expelled orphans,
until some arrangement could be made for their more
permapjeptpsdvantage. He did not precisely know to
Nl'l,', whiWixte4the directors of the institution to which he
.belCliged- might feel themselves at liberty to go in the
" distributicn of its privileges, but he was convinced that
r""" -...-
they would co-operate most cheerfully with the other
,-- inatitatiohs in rendering service to, the poor children.
~.
.4V, - The Loeb MAYOR said the gentlemen-might 'rely upon
. ,
-

.

~~

THE SUN, LONDON, TUESDAY EVENING, APRIL 4, 1848.

punctilious system of betting did not exist in the highest
circle of society than was observed by the proprietors of
those public-houses where such sweeps were held. 11,
was authentically informed that 30,0001. had been de
posited as bets in those houses, and that the people,
whether winners or losers, were always satisfied that
they had been dealt fairly with. He knew that if they
met with any injustice that they had their own resource,
namely, to go to another house ; but such never occur-
red, except in one case,:where the proprietor of the house
withheld the money deposited, and was soon obliged to
leave his establishment in consequence of such an act.
He did not think that the Government should interfere
with the people in such a case, lest they might exaspe-
rate them; nor did be see, why the middle classes of
society should not have their places and opportunities
for betting as well as the aristocracy.
The Marquis of LANSDOWNE said that he was not
prepared to answer the question of the Noble Lord
(Lord Ly ttelton). lie, however, mainly agreed in the
observations made by the Noble Lord (Lord Eglintoun).
He added, that the Government had no intention to take
such steps as those required by the Noble Lord.
Their Lordships then adjourned shortly before seven
o'clock.

ROUSE OF COMMONS, April 3.
The SPEAKER took the Chair shortly before Four
o'clock.

NEW MEMBER.

Captain SOMERSET took the oaths and his seat for
the county of Monmouth, in the room of the late
Lord Granville Somerset.
BIRKENHEAD DOCKS.

On the motion of Sir P. EGERTON, after a few
words from Mr. CARDWELL, it was ordered that
the evidence given before the Committees of this
House in the sessions of 1844, 1845, and 1847, on
the Birkenhead Commissioners Dock Bills and the
Birkenhead Company's Dock Bill, be referred to the
Committee on Group 10 of Private Bills.
The reports on the Small Tenements Rating Bill
and the Leicester Cemetery Bill were further con-
sidered and agreed to.
Several petitions were presented against private
Bills.
The Earl of ARUNDEL and SURREY presented
petitions from York in favour of the Roman Catholic
,Relief Bill. .
Mr. HENRY presented a petition from Lancaster,
praying that an Act might be passed to authorise a
general system of secular education throughout the
county of Lancaster.

FROST, WILLIAMS, AND JONES.
Lord C..MANNERS presented a petition, from
Loughborough, praying for a free pardon for Frost,
Williams, and Jones.
Mr. MOODY presented a petition against the
Factory Act.
Lord R. GROSVENOR presented petitions from
the journeymen bakers of Middlesex, praying the
House to take their grievances into consideration.
The Noble Lord gave notice of his intention to-mor-
row to move that the petition be printed with the

votes.
Sir CHARLES DOUGLAS reported that in the
Committee GrOap No. 4 Mr. Chaplin was not in at-
tendance to-day, and the Committee, therefore, could
not sit. _ _

On the motion of Mr. GREENE, Mr. Chaplin was
ordered to attend in his place in the House to-
morrow. _ _

a.ord CASTLEREAGH presented a petition from
thp county of Down, praying for a modification of
the Poor-law in Ireland; also a petition against the
national board of education.
Mr. M. J. O'CONNELL presented petitions from
Kerry and other parts of Ireland for an alteration of
the Poor-law in Ireland. _ _

Mr. HAMILTON presented petitions from differ-
ent parts of Ireland against the national system of
education. _ _ _

Lord H. VANE presented a petition from Stockton-
upon-Tees, praying for the removal of the legacy
duties on charitable bequests.
Leave of absence was given to Sir Alexander
Wood for ten days, on urgent private business, and
to Mr. Roche for six weeks, on urgent business.
NOTICE OF MOTION.
Mr. OSBORNE gave notice that, on Monday
next, he would move for a Select Committee to in-
quire into the management of the Courts of Chancery
and Exchequer in Ireland, with the view of ascer-
taining how far the system of managing the estates
under their control was conducive to the happiness
of the tenantry.
SOCIAL CONDITION OF THE PEOPLE.
Mr. HORSMAN said, seeing the Hon. Gentle-
man the Member for Ashton-under-Lyne (Mr.
Hindley) in his place, he wished to ask him if it was
his intention to bring on the motion which stood first
on the paper for to-morrow ; namely, to call the
attention of the House to the state of the industrious
classes of the country ? He asked the question, as
he had an important motion lower down on the paper,
with the bringing on of which it would much inter-
fere—namely, for doing away with the distinction
between the episcopal and common fund.
Mr. HIND LEY replied that he had been requested
by several Hon. Members to defer his motion. He
intended to accede to their request, and to postpone
it until after Easter. He might take that opportunity
of stating that his address would simply refer to
the moral and social, and not to the political,
condition of the people ; that was a matter which he
intended to leave to future consideration : it would,
therefore, have only reference to their social condi-
tion, in doing which he should call the attention of
the House to the admirable way in which the working
classes had conducted themselves during seasons of
great privation and suffering, and to suggest the pro-
priety of the House adopting measures to alleviate
their sufferings.
THE PUBLIC HEALTH BILL. _ _

Lord 31ORPETH presented petitions from Brad-
ford, Warwick, Aylesbury, Leeds, Exeter, Hull, and
other places, in favour of this Bill.
Mr. CARDWELL said the amended copy of the
Bill had only been placed in the hands of Hon.
Members that morning, and as it was one in which
the large towns felt great interest, he would suggest
the propriety of the Noble Lord postponing the Com-
mittee which stood for to-day until those who would
be affected by the Bill had had an opportunity of
making themselves acquainted with the alterations
that had been made in it.
Lord MORI'ETII replied that it was quite right
the parties interested should have an opportunity of
discussing the provisions or the Bill, and with that
view it was not his intention to propose that the Bill
go into Committee this week ; he should, however,
move that the House go into Committee on the Bill
this day week.
CII A RITA BLE INSTITUTIONS.
Lord mourETH presented a petition from Hull,
praying that charitable institutions might be ex-
empted from the payment of the legacy duty.
DUTY ON POST-HORSES.
which complainingthey . were subjected,
which, of
of taxation Manchester,
owing to
the
Mr. BRIGHT presented a petition from the post-
masters
of the great
and increasing competition
amountt e
ga
t
of railways, had proved ruinous to a great many ill
their business. They prayed for the relief the
Government promised them, but had not yet fulfilled,
and for the repeal of the assessed taxes upon
all carriages, &c.' used for trade purposes.
COURT OF EXCHEQUER (IRELAND).
In answer to a question put by Mr. OSI3ORICE,
The CHANCELLOR of the EXCHEQUER
said that he was afraid that he should he compelled
to give the same answer as he had done on previous
occasions with respect to other measures,
as he was not aware what course the
Government would be able to adopt with respect to
the introduction of a measure fur the regulation of
the Court of Exchequer in Ireland.
110 RS LIA ELECTION.
Mr. MONSELL wished to know what course the
Government meant to adopt with respect to the issue°
of the writ for the borough of Horst.am.
• Lord J. RUSSELL said that it was his intention
to move for leave to bring in a Bill for the purpose of
instituting inquiries into the corrupt practices alleged
to have been committed in that borough. The Noble
Lord then gave notice of his intention to move to-
morrow for leave to introduce the Bill.
OATHS OF MEMBERS.
On the motion of Mr. GOULBIJRN the follow-
ing Members were appointed to constitute the Corn-
mittee on Oaths of Members :—Mr. Goulhurn, Sir
Robert Peel, the Attorney-General,
Sir Frederick
Thesiger, Lord Seymour, Sir George Clerk, Mr.
Bernal, Mr. Ilenley,• Mr. Morgan John O'Connell,
Mr. Cardwell, Sir William Ileathcote, the Judge
Advocate, Sir Robert Harry Inglis, Mr. Thornely,
and Mr. Ord.
DERBY ELECTION.
Mr. HUME gave notice of his intention to move,
to-morrow, that the minutes of evidence given before
the Derby Election Committee should be printed and
laid upon the table of the House.
NAVIGATION LAWS.
Mr. BAILEY wished to know whether it was the
intention of the Government to bring forward any
measure on the subject of the navigation laws before
Easter, as it was most important that such measure,
if proposed, should be brought on at such a period as to
afford ample time for receiving not only the due con-
sideration of-lion. Members, hut also of the country.
LABOUCIIERE said that the Government
' could not bring forward any Bill upon the matter
of the policy
until after the 'louse had passed a resolution upon
CARGOES Oofr
the subject. Such resolution could not pass until the
Government had entered fully into the whole ques-
tioninl oAtt-lehrre'n mpßoeßrntti Goef(l,lll:rlida
vb:nNe. wished
and he did not think that they would be able to do
that before Easter.
the
co government nAe nrrt onnAthvellsuEb.ject,
tdols
schoome niNupi;
measure
aet
fsrt
ruyherere.
the
allowing several ear,oes of Clittoll Nvhicli were now
by
this
iitinitcd States, to be brought , ienall oo trpiottne