The Sun.
London, England, 1834-10-16 00:00:00

THEATRICAL AND MUSIC LICENSES.

Mr. JEMMETT applied for and obtained a renewal of the
licenses for Vauxhall Gardens, on behalf of Frederick Gye
and Richard Hughes ; for the Surrey Theatre, on behalf of
George Bolwell Davidge ; for Astley's, on behalf of Hannah
Waldo Astley, Sophia Elizabeth Gill, Louisa Gill, Amelia.
Gill, Andrew Ducrow, and James West ; and for the Vic-
toria, in the name of Mr. Joseph Glossop, who, the Learned
Gentleman stated, was in Court, and ready to answer any
questions that the Magistrates should wish to put to him.
The license was granted without any observation.
The license for the St. Helena Tea Gardens was granted
to Mr. Howard.
CURIOUS CASE OF HORSE-STEALING.
James Trower, about fifty years of age, was indicted for
stealing. a bay mare, value 101., the property of Wm. Prior,
a cowkeeper at Battersea.
On the morning of the 19th of September the mare was
missed from Battersea Marsh, where the prosecutor had
turned it out on the former night. It was not heard of
afterwards until the afternoon of the 2d instant, when the
prosecutor's mother discovered the prisoner at • Croydon
Fair, riding about with the bay mare, and offering it for
sale. She knew it from a particular mark on the rump.
The woman, pretending that she wished to purchase the
horse, went to another part of the Fair in search of her
sons, and left a labourer named Hopkins with the prisoner.
Hopkins endeavoured to keep a sharp look out after the
prisoner, and stood by him all the time, but somehow or
another, when be turned his back the prisoner rode off with
the mare. The old lady aid her sons then went off in
search of the prisoner, and on coming up with him they
asked him what he had done with the mare ? The prisoner
replied that he had put her into a stable at Croydon. The
party instantly proceeded to the stables, and the prisoner
then pointed out a horse which he said was the horse he
rode at the fair. The prosecutor's mother declared that
the prisoner was then mounted on her son's bay mare,
whereupon the constable took him into custody. These
circumstances were most positively sworn to by the prose-
cutor, his mother, and by the labourer.
The prisoner, when called upon for his defence, put in a
written paper, in which he stated that he entered the army
in 1795, was engaged in the battle at Corunna where Sir
John Moore was killed, was wounded in several battles in
the Peninsula, and ended his services on the memorable
field of Waterloo, with a pension of Is. Id. per day. Af-
ter leaving the army he was appointed a patrol, and after
serving that office with great zeal and fidelity was awarded a
pension on that account. On the 15th of September he
sold out of the Funds a sum of 501., leaving 2001., which
still remained there ; and with 501. he purchased two
horses, intending to set up a fly ; he, however, abandoned
that idea, and, having sold one of his horses, took the other
to Croydon Fair, on the 2d inst., intending to sell that also.
He bad been in the fair about three quarters of an hour,
when feeling unwell he returned with the horse to Croydon,
and put it into a stable. He said that the prosecutor's
mother was, mistaken in saying that she saw him on a bay
mare, and he declared that the only horse which he crossed
that day was the bay gelding which he brought to the fair
for sale.

Mr. Price, a coachmaker, of Peckham Rye, proved hav-
ing purchased the horse from the prisoner after it returned
from Croydon, and it was then working in one of his stages.
Five other respectable witnesses were called, who gave
the prisoner a most excellent character.
The CHAIRMAN then directed Frances Prior, the prose-
cutor's mother, to be re-called, and, in answer to the ques-
tions put to her by the worthy Magistrate, she declared
most positively, that when she saw the prisoner at the fair-
field, he was mounted on her son's bay mare, which, she
repeated, she knew by the particular mark.
The Jury instantly found the prisoner Not Guilty.
A murmur of applause ran through the Court when the
verdict was pronounced, which was followed by stamping
of feet and clapping of hands.
It is deserving of remark, that the prisoner, in compli-
ance with a harsh custom prevailing in the county of Surrey,
had a heavy iron placed on his leg when brought to the bar,
and which was not struck off until the Jury declared him
innocent.
The prisoner, on leaving the dock, said to the Jury,
" Gentlemen, lam much obliged to you. I am, indeed,
not guilty."

King Henry the Eighth, in the 33rd year of his reign,
granted to John Intent, -Dean of St. Paul's, letters patent,
dated the 14th October, 1541, to erect and found a Free
Grammar School within the town of Berkhemsted, for " the
teaching of youth with all kinds of good learning, to the
number of not exceeding 144 ;" for which ample grants
were made, directing, after the necessary expenditure, the
residue to be paid to the poor of the parish of Berkhem-
sted. This was confirmed by an Act of Parliament passed
in the 2nd and 3rd of Edward the 6th. Under these au-
thorities a master and usher were appointed, and the War-
den of All Souls, Oxford, visitor of the School, investing
him with power to admonish the Master and Usher, and to
discharge either of them if they fail in the execution of
their office. The right of appointing the usher is vested
in the master ; which said master and usher are sole trus-
tees of the estates. In the year 1805, the present master,
the Rev. T. Dupre, succeeded his father. In the year
1811, Mr. Duncombe (brother-in-law to the master) was
appointed receiver of the rents and profits of the school es-
tates. From the time of the said appointment to 1832,
(a period of 21 years), the rents and profits of the estates,
extracted from the verified accounts of Mr. Duncombe,
amount to the sum of 15,6451. 4s. 4d.
The expenditure being, for the same period, as follows :
Repairs of the School, the Master's and Usher's
Houses £1,711 16 11
Salary to the Master
N.B.—He has now 250/. 10s. 9d. per ann., an
excellent Residence, with all Government and
Parochial Assessments paid.
Salary to the Usher 2,991 19 6
He has 125/. ss. 4d. per ann., a suitable Resi-
dence, with the like payment of Government
and Parochial Assessments.
Salary to the Receiver
In addition to this Salary, the interest, at 5 per
cent., of the Balances retained to the period
of this account, amounts to 2471.
Government and Parochial Assessments
Including an annual payment of 1/. 17s. 4d.,
Quit Rent, and Stamps for Receipts.
Law Proceedings
Incidental Expenses
Balance in the hands of the Receiver on the sth
of April, 1832

630 1 5i

946. 0 4

2,711 8 8
142 4 5

618 2 3fr

£15,645 4
During which period of 21 years, not one boy was taught,
or any money paid to the poor of the parish of Berkhem-
sted, and an attempt has lately been made to expend a large
sum in altering and beautifying the master's house.
On the 21st of October, 1833, by the injunction of the
Visitor, the master was compelled to resume his residence
at the school, from his living at Willoughby, in Lincoln-
shire ; and about the 20th of September last, the usher,
from his residence near Cheltenham, attended at the school
for a few days previous, to the holidays, for the first time
since his appointment in the year 1818 : he has since re-
signed. At present there are nine boys in the school, the
admission of scholars being limited by the master to the
children of residents in Berkhemsted, and the course of edu-
cation to the classics exclusively.
J. CROFTS, Rector. J. HYDE.
J. C. BROWN, Curate. ARCHIBALD CAMPBELL.
GRANVILLE D. RYDER. J. STEEL.
AUGUSTUS SMITH.

FURTHER EXTRACT FROM THE MINUTES OF THE RELATORS

AND COMMITTEE OF BERICHEMPSTED FREE GRAMMAR
SCHOOL. JULY 21, 1834.

Soon after the publication of the former extract, which
briefly set forth the original purpose of the above noble
foundation, the misgovernment of the same, and the recent
amount and appropriation of its revenues, an opportunity
offered for opening a communication with the master, the
Rev. Thomas Dupre, and a disposition having been evinced
on his part to come to an amicable arrangement of the dif-
ferences existing between himself and the public, after a
long and rather laborious negotiation, into the details of
which it is unnecessary to enter, all difficulties appeared at
last to have been surmounted. _ _

The result was, an understanding that all parties should
apply in concert to Parliament for a new Act, without which
it is the conviction of the Relators no effectual remedy can
be applied to the defects incident to the original founda-
tion, or any permanent security obtained for its future good
management. It was at first hoped, that an Act might
have been procured during the present Session, and an ap-
plication was made to Lord Shaftesbury on the last day for
presenting Private Bills, with the view of obtaining an ex-
tension of the time allowed by the standing orders of the
House of Lords for the introduction of such measures, but
his Lordship did not consider the Bill as one of sufficient
importance to entitle the parties to the indulgence asked.
A further agreement was in consequence entered into
with the master for at once carrying into effect the pro-
visions of the proposed Act, and the Relators and Com-
mittee had the satisfaction of reporting to the public, on
the 19th of May, the terms of an arrangement, which had
been assented to by the master, for the immediate opening
of the school, and which appeared highly advantageous to
the public, and equitable in respect of the master's interests.
This Report announced that the master had consented
" to yield the point of confining his instruction exclusively
to the classics, and to introduce a more comprehensive and
useful system of sound English instruction, on condition
that an additional usher be provided to teach the scholars
writing, arithmetic, and the elements of mathematics, such
branches of tuition being rarely required at the hands of
teachers entrusted with the classical departments. The
salary of this assistant was to be paid out of the surplus
funds of the charity, for which appropriation a joint appli-
cation was to be made to the Court of Chancery, and a
provision further introduced in the contemplated Act of
Parliament, the members of the Committee in the mean
time undertaking to guarantee the amount of the first
year's salary, that no time might be lost in opening the
school through the want of such an assistant.
The Report above alluded to went on to state, " Your
committee have, in concert with the master, drawn up the
course of studies to be pursued by the scholars, who shall
be admitted into the school, which has been forwarded to
the visitor for his consideration and sanction (which it re-
ceived.) They have further made arrangements for the
supply of ' such books and other school necessaries as may
be required on the cheapest and most advantageous terms,
and they cannot avoid taking this opportunity of impress-
ing on the minds of parents the indispensable necessity of
their children being provided with these articles, if they in-
tend them to derive any real benefit from the instruction
gratuitously afforded by this endowment. It being further
necessary that certain regulations should be laid down both
on this and other points for ensuring the most effective ma-
nagement and discipline of the school, as far as existing cir-
cumstances will admit, a table of these has likewise been
drawn out in concert with the master, which are submitted
for your approbation and concurrence. Your committee
are further willing, should such be your desire, to continue
to co-operate with the master for the removal of any diffi-
culties that may arise, on such principles as may be fair and
equitable to the rights and interests of all parties concerned.
Your committee, in conclusion, express their earnest hope,
that a spirit of good-will may at length be finally established
between the master and inhabitants of Berkhemsted
generally, and take this opportunity of recording their sa-
tisfaction at the disposition now evinced on the part of the
former to meet the desires of the public. It is almost need-
less for them to remark, that without the existence of
such a good understanding and conciliatory temper, the be-
nefit which the inhabitants of this town and neighbourhood
expect their children to derive from a useful, moral, and re-
ligious education, under the auspices of the present master
and usher, must in a great measure prove abortive."
This report, and the proceedings mentioned therein, had
the full concurrence of the master, who was not only treated
by the Committee with the utmost candour and confidence,
but became a party to all their measures, and from time to
time suggested various alterations. An assistant-usher was
immediately engaged, and the opening of the school an-
nounced to take place on the 2d of June. On that morn-
ing the Committee assembled at the master's house, the as-
sistant-usher being present, when thirty-eight scholars were
formally admitted by the master in person, and their names
entered on a register, 31 of whom were resident in Berk-
hemsted parish, (to whom it had been agreed a preference
should always be given) four from the parish of North-
church, and three from Chesham and Wingrave parishes,
in the county of Buckingham. On being enrolled, a sum
of 10s. 6d. was paid to the master in advance by the pa-
rents of each boy to be credited to his account for books,
and a like sum was received by him from fourteen other
boys from the parishes of Netdleden, Chesham, and Ayles-
bury, whom he of himself admitted on a subsequent day.
The school continued in operation for three weeks, till the
period agreed on for the commencement of the summer
holidays, during which short period the progress made by

The Relators and Committee hesitate to characterize, as
they conceive it deserves, such a deliberate violation of a
most positive and solemn engagement, but their duty com-
pels them to lay before the public a plain statement of
the abovementioned facts, as well as the course of pro-
ceeding which they feel immediately called upon to adopt,
in consequence of the evident utter impossibility of effect-
ing by any other than legal means, however tedious and
expensive, the redress of long existing abuses.
No time has been lost in submitting a full statement
of what has taken place to the Visitor, the Warden of
All Souls. A similar report will be forwarded to the
Lord Bishop of Lincoln ; his Lordship having been lately
pleased to grant Mr. Dupre a licence of non-residence on
his living of Willoughby in Lincolnshire, in order to
enable him to discharge his duties as Master of this Free
Grammar School. Petitions to the Court of Chancery
will also be presented at the earliest period possible,
praying such a decision from the Lord Chancellor as will
leave it no longer in doubt what kind of education ought
to be afforded by an Institution originally founded, " that
the King's subjects might be garnished and adorned with all
kinds ofgood learning," as well as "to teach grammar freely."
The right of the master to limit the admission to resi-
dents in Berkhemsted will, at the same time, be
mooted. Steps are also taking with a view to
prevent the master from carrying into effect
the plan announced by his circular. Inasmuch
as he is required to perform his duties " without any exac-
tion or request q.f. money," it is conceived that he can have
no right to appropriate to his own private emolument a
public institution confided to his trust for a specific purpose,
for the execution of which be receives a handsome salary,
with many other advantages. One great end the Com-
mittee have always bad in view, has been not only to pre-
vent this noble institution being longer shut up, but also
that the course of education afforded by it should be of such
a character as would be of real benefit to the inhabitants of
a country town like Berkhemsted, and of the neighbour-
ing districts. They have been anxious therefore that the
instruction here imparted should be especially suited to the
sons of persons engaged as principals in various branches of
trade, agriculture, etc.—and above all to prevent its sharing
the fate of many large endowed schools in the kingdom,
where owing to the style of education introduced, the chil-
dren of those moving in the upper walks of life, and with
whom large yearly stipends are paid, have too frequently
supplanted those, to whom a sound, useful education, supe-
rior to that now generally attained by such persons, would
be of infinite service, while they have naturally the
strongest claim in justice to the enjoyment of it.—There is
also every reason to believe that it was for such persons
this school was formerly available.
The Committee in giving this faithful narrative of the
proceedings which have thus far ended in the delay of a
final arrangement, to carry into execution what appears to
them the intention of the founders, must leave it to the
public to determine how far this disappointment can be im-
puted in any degree to them, because when acting with
frankness and honour themselves, they would not anticipate
the display of opposite qualities in those with whom they
had to deal. .

The committee have only further to report, that inas-
much as the present engagement with Mr. Scott, the as-
sistant-usher, cannot be dissolved, and books and stationary
to a considerable amount having been purchased, it is pro-
posed that those boys whose parents are so disposed, should
avail themselves of his instruction, while the questions at
issue are under legal process ; and being desirous that this
tuition should be afforded with as little expense as possible
to the parties, who must have been subjected to some in-
convenience, as well as disappointment, by the conduct of
Mr. Dupre, the Committee have resolved to raise the sa-
lary of the assistant-usher, by private subscription, so tbaf
the scholars will have no other charge to bear than that o
the necessary books.

I. CROFTS, Rector.
AUGUSTUS SMITH.
R. STEELE.
NOAH NEWMAN.

GRANVILLE D RIDER.
J. HYDE.
HENRY LANE.