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London, England, 1833-07-05 00:00:00

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the least in liquor the day he was stabbed, and that he bad
not observed any of the police drunk ; further, that h.
had not struck the old man and bey as stated, nor any one•
until after he was stabbed.—(Here a murmur was percep
tilde in the Court.)
Cross examined by Mr. PHILLIPS—The only person
he struck was Fursey, and that was subsequently to his
having been stabbed. He did not hear any persons cry
" Shame !" and had not said, when before the Coroner's
Jury, that he had struck Fursey. He did not see one
human being struck ; there were at least four or five
porcetnen engaged in trying to wrest the flag from
Fursey, who had hold of the staff .vita both his hands.
The witness admitted that at the time of the struggle for
the flag, Pursey had nothing else in his hands.
Mr. PHILLIPS-That is enough. Now I have done
with you.
[On this, a simultaneous burst of clapping was raised
throughout the Court, which was with great difficulty
suppressed.
Re examined by the SOLICITOR-GENERAI —lt was
after he was stabbed that he saw Fursey holding the flag
in both hands. Witness, blore he was stabbed, saw the
prisoner h,t•e something in his hand, which he held in
a downward position by his side ; he was almost imme-
diately afterwards stabbed : on which the prisoner was
seized by the four or five policemen, of whom the witness
(Redwood) was one. He (the prisoner) then rushed into
the ranks of the police, where he was taken.
A juror here asked the witness, bow, while the pri-
soner was in the grasp of four or five of the police, he
could have rushed into the ranks, as he (the wit-
ness) stated. To which the witness replied, that I:•
hat so 'lone ; and that he (witness) bad pursued him
into the ranks, still keeping hold of him.
➢lr. Justice Gaser.,eE commenced summing up at I 1
o'clock, first stating the law of the case to the jury; and
referred to the 43d of George 111., which brought the
offence charged against the prisoner under the class of
felony. Having gone through the whole of the tettimony,
very full notes of which were taken by the jury, his
Lordship, at the advanced hour of ten minutes past
one o'clock, concluded by observing, that this prose-
cution,was " Brooks's prosecution," although conducted
under the auspices of Government ; and that it would
be for the jury to say whether the meeting was a
legal one or not; if not the police were certainly jus-
tified in dispersing it. The jury would also consider,
whether the prisoner Fursey had given the blow ; and if eo,
whether he had received such a degree of provocation as
to justify him in giving the blow. Undoubtedly, if the
meeting was illegal, he had no right to give the blow;
and certainly no right to carry the American flag which
was seised on him. His Lordship with these observations
left the case in the hands of the jury, who, at the conclu•
sion of the summing up, retired, and, after an absence of
an hour and ten minutes, at twenty minutes past two
o'clock returned into Court, and pronounced the prisoner
Not Guilty, adding, that after having been out for a con-
sideoable time, they could come to no other decision than
an acquittal.
On the announcement of the verdict, the people rose in
all parts of the Court and cheered, huzaaed, and clapped
hands in a most enthusiastic manner ; the Judges stood
erect, looking around the Court, and motioning their
hands to the people in the galleries to cease; but their
Lordships' dignified presence and gestures had not the
desired effect ; the people continued to cheer until they
had given full vent to their joy. The scene outside the
Court was, if possible, still more enthusiastic ; the people
collected in the Court-yard, in great numbers, and
continued to cheer for the jury (whom many of them
invoked God to bless) for nearly a quarter of an hour.
The officers of the Court endeavoured to check them, but
the attempt proved entirely unsuccessful.
The prisoner, the Learned Junset, in his summing up,
observed, if acquitted of the capital charge, would be liable
to be tried for the minor offence ; but it was rumoured
amongst the people that Government will not proceed
against him.
During the whole of the day, the Court-yard and the
public thoroughfare of the Old Bailey, continued crowded
by persons anxiously interested in the proceedings. Num-
bers of the Trades' Political Union were present in the
anxious crowd : and the great assemblage continued about
the Court conversing on the subject, and on the probable
result of the trial. The Court, during the proceedings,
continued greatly crowded ; and the trial throughout was
listened to with the most intense feeling anti interest.
, Several respectably•dressed women were present, and re-
mained in Court up to the conclusion of the proceedings.
Mr. Hunt, the Ex-Member of Parliament, also remained
in Court to the close of the proceedings.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, Just 4.
THE LONDON UNIVERSITY.

Mr. TOOKE presented a petition from Truro, praying
that the House would take measures for granting a char ter
to the London University.
Mr. WILKS and two other Members presented petitions
of a similar nature from Lewes, Horsham, and Brighton.
Mr. TOOKE rose, and said—The motion which I
have now the pleasure to submit to the House is one which I
am persuaded will enlist in its support every feeling of liberal
regard for the entire community of England. It is the first
step towards breaking down an odious monopoly,
by affording permanent encouragement to universal and
cheap education; and whatever advantages may attend
cheap law, cheap religion, and cheap government, and no
one is less disposed to undervalue them than myself, they
will be the necessa-y result of cheap education ; and it is
really, to adopt a homely adage, placing the cart before the
horse to bestow privileges upon men until they are ren-
dered capable of appreciating their value, and of submitting
to their wholesome moral infiuence and restraints. It
would be worse than nugatory to occupy the time of the
House by entering on any detailed account of the origin
and progress of the University of London. Suffice it tr,
say that its foundation was the spontaneous effort of a
generous public, put in action by some great raid good
men, with each of whom, in his high musings for the
public good, the pl tn may be said to have originated. In
1826 the sum of 160,0001. having been raised by volun-
tary subscription, a noble edifice was erected, and has in
chief part been completed ; the plan of instruction
then commenced, and having gone through the
inevitable process attaching to infant establishments, of
struggle and detraction, of internal schism and external
persecution, it has, I may confidently assert, settled into
perfect union and consequent utility. A body of professors
not to be excelled in Europe for talent and for character
have the entire conduct of the discipline and literary and
scientific portion of the establishment ; while a superin-
tending council of distinguished laymen has delegated to a
small committee the financial and business details, between
whom and the professors the utmost harmony prevails.
By way of steady supply of pupils in all the classes, a junior
school has been established within the walls of the univer-
sity, which is conducted to the entire satisfaction of the
public; and in aid of the medical students a hospital is
now building, by voluntary subscription, which is calcu-
lated, by the facilities for clinical lectures, and the practical
information it will afford to the medical chi.; to constitute
the metropolis the first school of medicine in the United
Kingdom, if not in the world. Early in the progress of the
University, the necessity of a charter was contemplated for
the purpose of giving legal protection and permanency to the
institution; an instruction to that effect is contained in the
deed of settlement, and, therefore, so long ago as 1830, a
charter was applied for, on a petition of the Duke of
Somerset, Mr. John Smith, and Dr. Lushington. The
draught of the charter was approved of by the then At-
torney and Solicitor-General ; it was engrossed, and went
through all but the last sanction of the Great Seal, at an
actual expense in fees of 2681., and when thus on the
threshold of completion, it was stopped by a private ap-
plication on the part of the Chancellor of Oxford, and by
the more public course of a petition from the University
of Cambridge, to both which learned bodies, according to
customary practice, notice of the application had been
given, as well as to all the other chartered Universities of
the United Kingdom, and, as I have before stated, the
only opponents were Oxford and Cambridge, the former
requiring a restriction from conferring degrees in arts, the
latter objecting to the granting of any degrees at all. It
is not generally known that no University whatever is en-
titled to confer degrees by grant of any charter whatever,
the claim so to do being considered as incident to the
name and title of university, and therefore King's Col
'<le, although it has a charter, can at present claim
no such right ; the name is consequently the sole
matter in dispute, the University of London praying
thanto be
as
against incorporated
granting
as such,
degreessub j e tod
divinity,
itt other r
bruesttwricbtoillot;

•

is of literature, science,
pretence for Oxford and
Cambridge insisting on a monopoly, which they only
-naless in common with Dublin awL.thr,Sentch Univer-s
ai,ieg. The privilege now claimed (tyke/0y honorary,' ace
no legal rights attach to it ; the qualifferfih4s.in mcAiliraf.s
and for abridging time both for the !lei• and admission's
solicitors, are by several Acts of Parliament limited by n-ario
to Oxford and to Cambridge, and who will still therefore
for the present, retain those and many other exclusive lidos
and exemptions, provided for by Acts of Parliament ;
there is no pretence, therefore, for their interferina,
with the creation of a new theatre for the nobl
emulation of youth, seeking honorary distinctions, and
depending only on merit tor a reward. I trust that
the better spirits of Oxford and of Cambridge, those
who have so ',iberally distinguished themselves t•-•
the last and the present year, by entertaining in
their walls the assembled science and literature of the
kingdom, cannot be parties to this conspiracy against the
extension of that knowledge they have thus professed to
honour. Let us believe that they have reluctantly acted
under the influence of some ancient statute, and will be
well pleased with their defeat. At all events, defeated
they will be: :t is impossible that a Legislittrire which hse,
to its immortal credit, in this, its first session, granted
their just rights of conscience and immunity separat.ly to
various classes of fellow-subjects, whether Roman Catho-
lics, Quakers, Moravians, Separatist., or Jews, will refuse
to them and eve:y other sect and denomination collectively
tile sacred right of acquiring knowledge, and competing
c.ith their litherte more favoured felow-citizens for the
lionoms and the advantages which should attend a success-
ful issue of that competition, the high prizes doe to intel-
ttual eminence. The whole Dissenting community ofEni
land is now altogether precluded from academic honour:, if
not academic education, which may, it is true, be obtained
at Cambridge, but leading to no result ; even under this
disadvantage, the Dissenting youth have eminently sire-
tinguished themselves ; and what any not he ex-
pected when the monopoly shall have been broken down,
and all admitted into generous competition ?-1 will not—
I cannot—anticipate any objection on the score of merit.,
there really being none: the only point, therefore, :dsss
can be alleged is mvre matter of supposed form—namely,-
that the question is one that should he determined by
the King in Council, or argued before the Charreelhrr, fur
there appears no certain course of proceeding on these-
occasions of mere honorary distinction, and, indeed, if
is difficult to conceive boat' any one should presume Valle.
to circumscribe the Royal prerogative in its most bene.-
ficial exercise. When a charter was granted to the
Asiatic Society it was unsuccessfully opposed by the
Linnean Society; anti more recently, on the eyrartt of a.
chatter to the Royal Society of Literature, Sir' Hunt...
play Davy objecting to the title, I met him' its
amicable controversy before the then Attorney and SA,
citor-General, who instantly overruled the objection. Ira
the present instance, Oxford and Cambridge peremptorily
declined the discussion. I then gave long notice of this
motion, and immediately apprised them of it, and have:
received an answer from each Vice• Chancellor, abitlicae
by their objections. They have, es I contend, thus taken!
issue before, this tribunal, and thus literally pat themselves
upon the country; and to its righteous verdict, as ex-
pressed by this house, is the appeal now made. The tore,
learned bodies cannot say their interests will not 1145
watched and protected here ; they are well represented hy
four Learned and Hon. Members, with whom I would not
venture to compete in argument, could any be adilueed ; or
in eloquence, were any needed to perplex, rather than to
refute the plain statement I have so plainly submitted to the
House. Several petitions in aid of the object have been
presented to the House, and will be now supported by
some of my Hon. Friends ; and theref re, reserving to
myself, in reply, such observations as may atise out of the
discussion, I leave the decision in perfect consdence to the
House, with my cordial thanks fur the indulgent bearing it
has vouchsafed me.

Mr. ROLUILLY, in seconding the motion of his Hon,-
Friend, said that the question was not confined to the
London University alone, but bad, in fact, relation to the
rights of the public generally. It was because of tl.e
rights of the public which were involved in the question
as to the propriety of granting this Charter that gave the
subject importance in his eyes. The only point they
would have to consider was whether this institution war
in a fit condition to receive the privileges for which it
asked, namely, whether qualified masters had been provided
for the instruction of the pupils, and if proper and suitable
rules and regulations had been constituted for its govern-
ment. In all respects was it, he believed, in a situation
for incorporation ; and when it was known that the
granting of the Charter had been stopped at the eleventh
hour, and that, many of the members of the Government
took a strong interest in the success of the establishment,
the present appeal to the justice of the House would not
be made in vain. He had certainly been surprised at the
opposition which the Universities of Oxford and Cambridge
had given, and, without being et all insensible to the ad-
vantages of those learned bodies, he must say that such
conduct on their part but ill assorted with that liberality
of feeling which ought to distinguish them in the face of
the country. It was undoubtedly true that genius was
sometimes called forth by those ancient seats of learning,
but it was equally as true that talent was not noire-
quently stifled in them. The Universities of Oxford and
Cambridge conferred no advantage whatever upon any
person who did not belong to the communion of the Church
of England ; but ought they to shut their eyes to the pro-
priety of allowing the Disasenters, who were now a power-
ful and important body of intelligent and meritorious
citizens, to participate at all events in some of the benefits
to be derived from those institutions ? He was not him-
self a Dissenter, but still he thought it highly impolitic to
exclude any class of persons merely because of their religion
from the advantages and emoluments to which a Univer-
sity education might entitle them. It was by no means his
intention to cast any re6ectiou on the Universities of Ox-
ford and Cambridge, but at the same time that he admitted
their vast utility he must in common honesty say that they
were constituted only for the rich, and virtually excluded
the poor. This was a truth that could not be disputed
by the best and most sealous friend of those establishments.
The temper of the present times was opposed to monopoly
of any sort ; but could, he would ask, any monopoly be
more odious or more injurious than a tnonopuly of intel-
lectual light?—(Hear)—and such was the nature of the
monopoly of the Universities. If Dissenters were exclu-
ded merely from all advantages connected with the Ista-
Wished Church he could understand it ; but why they
should be debarred from benefits which had no rela-
tion whatever with religion he certainly was at a loss to
conjecture. It was undoubtedly true that the funds of
the London University were not in a very tourishing state,
but that House, he submitted, had nothing whatever to
do wi h its pectui;ary affairs, the question they had to
consider being simply, was it or was it, not in such a situ-
ation as would enable it properly to exercise the chartered
privileges to be confided to it? No allegation had been
urged against the institution which could justify the
Government in feeling the least alarm in granting it
a charter ; and the question, after all, resolved itself into
this :—Should the monopoly of education be continued
to the existing Universities, or should the privileges en-
j,iyed by them be in future participated in by other
establishments of a similar description ? The time had
arrived when it was the duty of his Majesty's Ministers
to do something for insuring the blessings of education to
all classes and denominations of the people—(Hear)—And,
knowing the anxiety of his Noble and Learned Friend at
the head of the law (Lord Brougham) in this respect, he
must believe that the sentiments attributed in the public
prints to that Noble Individual, who had already done so
much in favour of subjects like this, with reference to the
London University, had been misunderstood. It could not
be denied that the lower classes in this country had now
attained a higher degree of political power than was ever
possessed by the people of any country, and this power had
been so increased and fortified by the Reform Bill that it
would be hopeless to think of resisting its iefluence. More
alarm, he contended, was to be apprehended from igno-
rance than intelligence, and therefore the desire which he
entertained of adequately providing for the general diffu-
sion of knowledge.—(Hear.)
The question having been put,
Lord ALTHORP said that the subject to which the
Hon. Gentleman's motion referred was at present under
the consideration of the Government. The mere granting
of a Charter to the Loudon University would be a question
of little importance in itself; but, when that question was
coupled with the other circumstances connected with it,
a good deal more consideration was necessary in the settle-
ment of it than the Hon. Gentleman seemed to imagine.
In fact the Charter formed only a small portion of the
subject which was now under the consideration of the Go-
vernment, and this placed him (Lord Altborp) in a state
of some perplexity as to the course he ought to
present occasion. lithe proposed Chatter cosJd not
it woguld
legal effect to the degrees to be conferrednd
under Learned
it not be perfectly useless? The flon,i
;hat some of the
Gen-
tleman (Mr. Romilly) had truly...at
tilted in the success
members of the Government were inter
faiihorp) was fret to
of this institution; and he (Lord
(Hear.) He wa h
admit that be was one of ttdiero.i
..ter 9, e
est: d in the FUC.
assured the House, not only eep y
Ws establishment, but lie thought that it did
ores 0. t
=teat credit to its founders.—(liesr.) He submitted that
she best course the take the
Hon. Gentleman could pursue would
hr not to press his motion forward, fur if it were carried
the only effect it would have would In to interfete with