The Sun.
London, England, 1856-03-31 00:00:00

LONDON, MONDAY EVENING, IVIARCH '3l, 1856.

THE LORD PRESIDENT OF THE COUN-
CIL ON EDUCATION.

BRISTOL, March 29.

The establishment of a diocesan trade school in ti-is city,
or rather the conversion of the old diocesan school into a
trade school, and its opening yesterday, was the occasion
of a visit from Earl Granville, who had kindly accepted an
invitation from the committee to assist at the inauguration
of this addition to educational establishments, designed
for the special benefit of the working-classes.
The distinctive characteristic of trade schools may be
briefly stated to consist in the fact that the instruction
offered, while embracing the usual subjects of an ordinary
English course, also includes the teaching the principles of
science with special reference to trade and manufactures.
I❑ the Bristol school the scientific lessons will be illus-
trated and practically applied by demonstrations and ex-
periments in a laboratory fitted up for the' purpose. To
this end, the building long familiar to the public as the
Diocesan school has been remodelled andturned to as much
account as the space would permit. It formerly consisted
of two large rooms—:upper and lo wer. These are now pat-
titioned off on the ground floor—first, into a convenient
lecture room ; secondly, into the laboratory referred to,
which is furnished and fitted on a plan supplied by Dr.
Lyon Playfair.; thirdly, an apartment for the lecturer's
experiments; fourthly, a lavatory, :&e., for the scholars.
On the upper storey are two large class rooms, properly
heated and ventilated, and a capital museum. The educa-
tion is not, however, to be wholly secular, but religious
instruction, under the superintendence of a clergyman of
the Church of England, is to be afforded to the scholars,
such instruction not being compulsory on the children of
Dissenters if objection be made by their parents.

Su.o4.s arief outline of the institution to inaugurate
which the Lord 14esident—Of thoNincil visited Bristol.
The noble earl arrived at the Great Western terminus by
dee morning express train from Paddington, and was re-
ceived by a deputation consisting of 3.ar.loshua Saunders,
Manager of the-Bristol Branch of the Bank of England, the
Rev. Canon Moseley, and Mr. T. C. Parr, chairman of the
committee: Having entered the mayor's state carriage, his
lordship was conducted to the Council-house, upon the
steps of which he was received by the Very Rev, the Dean
of Bristol, who conducted him .to the committee-room, in
which the mayor (Mr. John Vining), the High Sheriff
(Mr. A. B. Tavell), Chancellor Monk (son of the Lord
Bishop of Gloucester and Bristol), and the other guests had
assembled to await his arrival. His lordship having been
presented to the, Mayor, and by. his Worship to the com-
pany, the party adjourned to the Council Chamber, in
which a dejeuner a la fourchette had been laid, over which
the Mayor preSided. At the conclusion of the repast
the healths of " the Queen," " the Lord President," and

" tho Mayor" wore proposed, and drunk with due.
honours ; after which the couip.tuy rose and proceeded to

inspect the school-building, which is centrally situated in
Nelson-street.

The inspection of the building completed, the Lord
President, the Mayor, _and the other noblemen and gentle-

men repaired to the hall of the Society of Merchant Ven-
turers, where arrangements had been made for holding a
public meeting, over which Exrl Granville presided in the
absence of the Lord Bishop of the diocosa, the state of
whose health rendered his presence impossible.
The Rev. D. WRIGHT having read an elaborate report,
tracing the history of the school from its foundation in
.813 to the present time.
Resolutions adopting the report, approving the formation

of the school onits preient basis,thanking the visitors, &0.,
were spoken to by Sir A. H. Elton, Dr: Lyon Playfair,

Mr. Commissioner Hill, Mr. H. Bennett, Mr. W. K. Hye' t,
the Mayor, Dr. Rogers, Mr. W. H. G. Langton, M.P.,

Mr. James Hassell, and other influential gent:omen.
On the motion of the Very Rev. the Dean of BRISTOL,
a vote of thanks to the noble chairman was carried by ac-

clamation,
Earl GRANyILLE, on rising to return thanks, was received
with loud cheers. He said, if he had thought that as con-
❑ected with her Majesty's Government his c•)mina to Britsol
on this occasion had been meant to indicate that thaGoveru-

went intended to discourage in the slightest degree the local
government of a school such as that 'they were suet to pro-
toots , he should have stayed away; or, if they had expected
him to give them better practical advice than that whit h
they had already received, he certainly should not have
presented himself for that purpose. He should also have
stayed away if, upon making inquiry, he had found that

quirements of the Privy Council, and by which the pro-,
meters could claim from the Government all the assist-
anco which it was in their power to give. (Applause.)
With respect to the appreciation of education, he was
afraid it was hopeless to expect from a generation of 11II-
eclacate€1 parents that appreciation of education which we
found among the Scotch, for instance, who for more than
150 years had enjoyed the advantages of an elementary
education. Sir Arthur Elton had referred to the Govern-.
tnent being able tpgive a stimulus to education by 'dispos-
ing of public ()films to educated men. The Privy Council
had a small experiment in that way, and it!.had answered
exceedingly well. - In the same way there *ere few great
employers of Wee& who could not eve* with, advan-
tage to themselves find the means of givileg, a stimulus
of this sort: :The directors of the railway by
which ho came to Bristol had a regulation not
to take into their employment any person who could not
read and write, and did not know somethiteg of arithmetic.
He believed that this regulation entitled the directets of
that line to be considered as greater edue4ors than even
the excellent schools which they had eStabilehed. He was
sure that the trade school might act most usefully as a sti-
mulus in this respect, always provided that "they strictly
adhered to the rule, without which their own efficiency
would be destroyed, that they should require a strict exit-
mieation as to whether the candidate whii.presented him-
self was really worthy to receive the necessary elementary
instruction. It was certainly a most marvellous thing that
the people of this country, while running the race of com-
petition with other nations, should refuse to themselves
such au element of success in commercial progress as that
of education. What would be said of a strong manwlio,
having to engage with a powerful adversary, should-bind
up one arm ? (Applause.) With respect to tl44iort ,pf edu-
cation it was proposed to give, they ought to take great
care, and :not be the advocates of the taesiltillat, against the
practical man. That which ought to be done. was titgrie,
the practical man the advantage which he -could obtain by
-learning something of the principles of the calling in which
ha was engaged. The ordinary effect of this would be that
they would establish a race of artiaans —men who would be
better artisans, men who would not only understand their
work better, but would be more able to deal with new pro-
etesses. They would establish a race of artisans who would
derive pleasure and gratification from their employments,
instead of that deadly weariness so well illustrated by Sirek
Elton in the case of the man who pit anend to his existence.
in consequence of not being able to 'week iu mere pn.tine.
He believedthat by these means they would raise the artisan
both in his own self-respect and in the respect of his employ-
ers, and all with whom he came iu coutect. He believed
that au inventive genies was to be found.in every class of so.
eiety, and they would give that inveu tire genius enormous ad-
vantages if they trained the mind to learn those principle 3
on which the labour of the artisan was founded. He could
illustrate this by means of the steam-engine. Look at the
position of one workman learning that the steam-engine
was a mere part of a machine, and compare him with the

workman sell) understood the chemical part of the steam,
understood the working of the cold and heat, and who
from this knowledge was able to derive gratification and
delight. If this argument had force formerly, how strong
it must be now that the steam-engine had penetrated 'every
nook and corner of the laud. He passed a farm the other
day on which a steam-engine of one-horse power was being
worked, and ho had no doubt that there were many present-
who had seen a steam-engine in a confectioner's shop, mak-
ing up sugar-plums. (Laughter and applause.) Such an
instrument as this being so universally used, it must be of
some advantage to every person to obtain a huowledge of
its properties and powers. One of the reasons that had
induced him (the noble chairman),to come there that day
was that he was glad to be present at the inauguration of
this institution, hearing that a gentleman with whom he
had been in official connection (the Rev. Canon Moseley)
had been one of its most active promoters. (Applause.)
de did not allude to that gentleman as-a dignitary of the
Church, or as what he had recently become, to the great
loss of the Privy Council, a country clergymanebut as a
lute inspector of schools. When men like the ReV. Canoe
3losEley or Sir 3. Kay Shuttleworth departed from them,
tie could not conceive any more urgent duty upon these
who had official knowledge of what they had done than to
state the debt of gratitude which the nation Owed to them.
They all knew Canon Moseley, and they would agree with
him, and his brother inspectors present would agree with,
him, that by his high personal character; by his enthusi-
asm, and by the ability of his reports, he had certainly con-
tributed powerfully that authority to the reports of The in-
specters which he was happy to say they now all enjoyed.
Thaler. Canon Moseley bad also had this advantage, that by
his eminence in EittlieilC3 he bad been chiefly instrumental in
bringing that element into once elementary teaching, .Many
preeent, woulleaodonbt be aware that ever since 4116 some
examrnatsoa `oflen 1 lesechea4krOisi4saelseetloityelsete,
had taken place in mechanics and mensuration, and that
the physical sciences hid, to a great degree, formed part of
the examination of schoolmasters qualifying fur certificates
of merit. This has been much improved of late. The Rev.
Canon Moseley, acting on instructions given in 1831, had
prepared a graduated scheme, by which lie encouraged the
schoolmasters and students of training colleges to a more
precise method of obtaining a knowledge of the physical
sciences. In the same way, ho had prepared a report upon
a list of philosophical apparatus, grants of which could be
given by the Privy Couecii, and that report was agreed to
by the Privy Council in the year 1854, and he (Lord Gran-
ville) thought the results had not been unsatisfactory. In
1854 one schoolmaster presented himself for examination
iu the physical sciences, and he was unfortunately rejected.
In 1555 no fewer than 28 schoolmasters presented them
selves, of whole 25 received certificates, and in the begin-
ning of the present year, comprising only three months, 25
schoolmasters had presented themselves, of whom 21 had
passed. ID the same way, with respect to the grants for phi-
losophical instruments, about 80/. was spent in 1854, be-
tween 50 il.. and 600/. in 1855, and in three months of the pre
sent year 3501. had been spent. (Applause.) Mr. Temple who
succeeded Mr. Moseley, had informed him (Lord Granville)
that he found the general knowledge of the schoolmasters
and pupils in these special examinations to be excellent.
Almost the first letter that Mr. Temple received from Mr.
Moseley urged him to follow tho recommendations he had
made with respect to the philosophical apparatus, and the
list of instruments had been greatly improved. Mr. Tate,
who had greatly assisted Mr. Temple, had invented an air-
pump possessing exactly the same exhausting power as the
old air-pump, which could be supplied at a cost of 2/. 10s.,
whereas the former machine cost 1 or 12 guineas. He
did not mention these facts as the slightest gloi illation of
the Committee of Privy Council, but because he considered
them as creditable to Cancan Moseley, who up to the day
that he resigned his office was really the practical suggester
and practical carrier out of those great improvements with
respect to scientific instruction. Ho much regretted that
Canon Moseley was no longer with them, but, though ab-
sent in body, he was with them in spirit. There were few
of their great " dipping-days" in which Canon Moseley did
not astonish the Privy Council by turning up at their
meetings. He was always ready to give his time and his
advice, and, what was still more valuable, his criticism.
He carried his points so far that sometimes he (Lord Gran-
ville) had found him, as the prompter of a school, strongly
criticise those regulations which, as an inspector of schools,
he had strongly advised the Committee of Privy Council
to retain. With respect to the school which they had that
day met to inaugurate, he rejoiced to find that the boys
were there instructed in the ordinaiy branches of a sound
English education. He hoped that in this school special
csra would be taken to teach the English language—a sub-
ject which was too lunch neglected in every school of every
class in this country. He believed there was no advantage
r which could be given to a man greater than to learn to
I speak and write his own language grainmatically. It might
be trivial to mention the circumstances, but he knew a
lady who was proposed to and married by a very able man,
not so much because he had fallen in love with her personal
charms as because ho was so delighted with the letters
which she .wrote to a third person. (Laughter.) He
(Lord Granville) received a letter a short time since from a
person applying for a Government appointment. He did
not know the writer and had no place to give, but he was
eo struck with' the letter that he could not resist showing it
to the present Governor-General of India (Lord Canning).
That noble lord (who was one of the most judicious admi-
nistrators of patronage that he ever knew) was so struck
with the letter that he took it away, intending to make an
investigation as to the person who had written it, and see
if he wero a fit person for a clerkship in the Post-office.
(Applause.) He regretted that ho had not asked Lord Can-
ning what the result of that investigation was. In mention.
ing these two circumstances, he wished to guard himself
from giving the slightest hope that the future students of
the trade schools were likely to get beautiful and accom-
plished wives by the excellence of their epistolary corres-
pondence—(laughter)—still less did he wish to suggest to
them that they would be anything but sacrificing their pro-
spects in life if they were to neglect their own business in
trying to soften the obdurate heart of a Minister bygrandi-
loquent epistles seeking for appointments. (Applause ) But
ho thought tho facts he had mentioned were useful, as show-
ing the power of writing a letter, whether upon business or
any other subject, in a clear, simple, and grammatical
style. With respect to the elementary principles of science
being applied to trade and manufactures, ho hoped the pro.
motors of the Bristol Trade School would adhere strictly
to the- rule they had laid down, of not attempting to teach
the trades themselves, but confine themselves to teaching
the principles that were applicable to these trades.
(Applause.) With respect to religious instruction, while
from the character of the promoters and the character
of the school itself there was no doubt it would be of
first-rate character, it was most satisfactory to him to
see that there was,a very liberal provision by which re-
ligious education would not be made compulsory upon

those whe conscientiously differed and objected to such a
course. With respect to the teaching of reading, writing,
arid the fret four rules of arithmetic, he had already said
that he thought it desirable to adhere strictly to that
role. Canon Moseley, in his letter, had suggested two
points, but he did not knoir whether they had been car-
ried out—namely, ens respecting evening schools, and the
other allowing pupils to attend half time. There might be
difficulties with respect to both these points, but he was
sure of this, that, while there existed that competition of
labour with the claims of. education they must constantly
have resort to some regulations such as those referred to
if they wished to carry out their plena to the fullest ex-
tent. With respect to the mining school, ho (Lord Gran-
ville), from being an ironmaster and. a colliery owner,
could not but rejoice that this was established in connec-
tion with the institution now inaugurated. As an instance
a the value of scientific knowledge, he would mention
that his colleague,. the Duke of Argyll, had, from his pe-
culiar education, mastered in a great degree all the physi.
cal sciences, and, being a Scotchman, he-possessed those
characteristics described by Mr. Commissioner Hill, and
was not likely to let his habits of practical observation bo
entirely thrown away. Some time since his noble friend
was looking at a quantity of refuse thrown away in the
working of soma metals, and was struck with its appear-
ance. He sent it to a provincial metallurgist, and was
told that there was nothing remarkable in it. Not satise
fied with that, the Duke of Argyll sent it to the Museum
of Practical Geology in London,: when it was found that
there was 11 per cent, of nickel, a valuable metal,, and that
every ton of this refuse was worth from 501. to 601. (Ap-
plaui3e.) This was an instance of the value of a 'know-
ledge of science, and proved that such knowledge was not
Sufficiently spread allover the country at the present day.
He would mention another instance—a near relation of
his, hay,ing extensive estates in Dorsetshire, beiag an agri-
'cultnrist, hut having au peetemeioas-ta.a
_leejjewleelge of
geology, was informed that he had valuable dePeeits of
gold on his estates. He treated the notion with contempt;
but, at last, being told that thousands of pounds were
spent in a neighbouring county in getting gold from a
similar soil; he thought it wise to make further. inquiries.
Ift, did not take inefficient advice, but went to London,
and was informed there what he before expected would be
the case—that " ull is not gold that.glitters." (Laughter.)
Be. would .only add, that he could not help remem-
bering that he was now standing in the old city of
Bristol—in a city which had been remarkable for ages
as one of the first commercial cities, not iu Ragland, only,
but in the world—a city remarkable for its merchant
'pieces—remarkable not only for its commercial energy
and enterprise but for its liberality in supporting numerous
iustitutions, among others that school of which he was re.
minded with so much pleasure on coming into this hall.
(Cheers.) He could not forget that this city had been re-
presented' by some of the ablest men in this country,
(Cheers.) He could not forget that Burke himself, who
was not always very obsequious to his neighbours or his
constituents, acknowledged that he considered it the high-
est honour to represent such a constituency. The only
thing that he, could think of as anything of an historical
flaw in their annals was this—that theßristol mobs were
certainly given to habits of something more than usual tur-
bulence when any excitement-prevailed. (Laughter.) He
remembered reading a book of one of the Bulwers (he for-
got which), in which the writer said that if he were taken
to a school and asked to predict who would be the most
celebrated man present, he would not ask the schoolmaster
who was the best boy, but who was the most mischievous.
Now, he (Lord Granville) dissented from that doctrine.
He had seen schoolfellows who had been looked down upon
rather as plodders, whe used to be called " saps," but who
now were some of the most distinguished statesmen and
the most brilliant members of society to be met with,
while his mere mischievous companion was absolutely no-
where: But there was this truth, that a boy who showed
much energy and ascendancy over others in daring frolics
was likely to display the same energy and the same strength
of character applied to a useful and good purpose. He
hoped they would find this the case with the labouring
population of Bristol—that the more they educated them
the very strength of their character and their energy (some.
times shown not in the best way) would form materials
from which they would be able to make a finished article
of singular durability and firmness. (Applause.) Hoping
they would have success in this great experiment, and
thet they would set an example which would be speedily
folloWed in all the other schools throughout the country,
he would sit down with every feeling of confidence that
they would carry on this great object in exactly the same
spirit as they had begun it. Ho might, perhaps, add in
a little postscript (it was a little vulgar, certainly, and
rather an ordinary one) the uninteresting fact that the pro-
moters of the school owed 4001. to the builders. He under-
• • efetgleaseetiatatelia, beeildere took such a matter-of-
fact view of the question that they would pear a little
ready cash at the present moment, rather than trust to
the future advantage of their workmen learning mensura-
tion. (Laughter and cheers.) He thought the mention of
such a fact as this was sufficient to have it remedied in an
assembly like the present. The noble earl then resumed
his seat amid prolonged applause, and the proceedings
closed.

ASSIZE INTELT IGENCE.

OXFORD CIRCUIT.—GLOUCESTER, lanca 29.

The commi,sion was opened here—the last assize town
on the circuit—to-day. The High Sheriff attended with
the usual retinue in a splendid livery, which would al-
most lead to the idea that the late fines inflicted on their
less respectful brethren had been borne id mind. The
Judges attend service at the cathedral to morrow, and
business commences on Monday and will occupy the
whole week. The calendar contains the names of 30
pris.mier2, besides those to be brought up from Bristol
gaol, and the half-dozen in the city gaol. The principal
off,ini.:ss and slaying 1, rape 1, arson 2,
bigamy 1, burglary 3, assault and robbery 2, uttering a
forg,ed order 1, atterapt to conceal a birth 1, and 11
cases under the game laws. The nisi prim business
premises t) be very heavy. About 30 causes are set
down, anong which are 11 marked for special juries, of
these, two are 'railway causes, and twu actions against
assura:we companies.

WESTEIZN CIRCUIT.—TAUNTON, March 29.
ALLEEGED POST-OFFICE ROBBERY.
Thodiat Dyer surrendered to an indictment for steal-
ing, at Taunton, a pest letter, the property of the Post-
master-General.
Mr. Slade, Q.C., and Mr. Poulden appeared for the
Crown ; Mr. Edwards and Mr. Saunders defended the
prisoner.
In consequence of many letters being lost in transmis-
sion through the Taunton Post-office, a " trap letter"
addressed to " Mr. Frederick M`lvor, Timberscombe,
Dun,ter, near Taunton," was made up and forwarded
from Bristol, on the morning of which day the prisoner
was on duty as a sorter in the Taunton Post-office. Mr.
Ellen, surveyor's clerk, in temporary charge of the
Taunton office, inquired for a letter addressed to Mr.
M'lvor, which was not forthcoming. The sorters were
then searched, and the missing letter was produced by
the prisoner in a soiled and crumpled state from his lelt-
hand jacket pocket. The defence was that, being a
quick sorter, the letter had fallen into the prisoner's
pocket by accident.
Tito jury returned a verdict of not guilty.
(Nisi Prius Court.—Before Mr. Serjeant Channel)
BENNETT, CLERK, V. THOMPSON.
Mr. Serjeant Singlake' Mr. M. Smith, Q.C., and Mr.
Coleridge were for the plaintiff ; Mr. Slade, Q.C., and
Mr. Collier for the defendant.
The p!aintiff In this action is the well known Rev. W.
E. Bennet, formerly of St. Barnabas, Panlico, and now
vicar of Frame. The defendant is a silk throwster,
carrying on a large business in that town. The action
was brought to remedy a nuisance complained of by the
plaintiff, by the smoke issuing from the factory chimneys
of the defendant, and which, according to the plaintiff's
case, prevented him from having his windows opened,
and had obliged him to give up the cultivation of fruits
and vegetables in his garden. The defendant pleaded
not guilty and user.
The plaintiff stated that since his induction to the living
a fifth chimney had been built. His garden walks were
covered with smut, the smoke filled his house with blacks
when the windows were opened, and even when they were
closed the smoke found its way through the interstices,
and brought au offensive smell into the house. The
smoke was very dense and black. He had lived in
London, and knew what ordinary smoke was, but this
was not to bj compared with it.
A great number of witnesses supported the case of the
plaintiff.
The defence was a broad and s emphatic) denial that
there was any nuisance to complain of ; and the defendant
and many witnesses were called, whose general testi-
mony was that the chimneys did not smoke half so much
as those of other factories in the neighbourhood ; and
much had been done by heightening the chimneys and
altering the furnaces to avoid giving any cause of com-
plaint ; and that very fine vegetables were grown upoir
the same slope on which the vicar's garden stood. An
attempt was made to impart into the case some of the
religions differences which recently agitated Frome, and
it was insinuated that the real ground of complaint
against the defendant was that he was a Dissenter.
The case, which occupied nearly the whole day, ter-
minated in a verdict for the plaintiff—damages 40s.

NORTHERN CIRCUIT.—LIVERPOOL, March 29.
(Nisi Prius Court—Before Mr. Justice Willes.)
DARBY V. OUSELEY-AOTION FOR LIBEL.
In this action Edward Darby, a tidewaiter in the
Cuetoms, brought an action to recover from Thomas J.
Ouseley, editor, proprietor, and publisher of the Liver-,
psol Herald, damages for a libel published in that paper
of Jan. 26. The first count charged the defendant with
having published a libel in the newspaper, and the
second count with having published a libel in the placard.

The defendant pleaded not guilty on the first issue, and
a justification for a part of the libel.
Mr. Serjetnt Wilkins, assisted by Mr. Aspinall, ap-
peared f .r the plaintiff; and the defence was conducted
by Mr. Kenealy, of the Oxford circuit, assisted by junior
counsel.

It appeared from the opening statement of Serjeant
Wilkins and the evidence of the plaintiff, that the latter
had been for 16 years a tidewaiter in the Customs at
Liverpool. He was a Bernell Catholic, and with his wife
attended the services of the Catholic church at Copperas
Hill. In Nov., 1851, the Pope approved of the forma-
tion of an association of all Catholics throughout the
world, to obtain of God the return to the Roman
Catholic Church of all those who separated from it,
and granted to this work his special benediction. The
Pope, considering that England, as at present disposed,
was the grestest obstacle to the spread of Roman Catholi-
cism, and would become, if once brought back to that
faith, its most powsrful support,,, directed all Catholics
to direct their efforts specially to the point by making
the conversion of England the daily object of their
prayers, and by showing the example, of virtuous lives.
Sundry plenary indulgenees were granted to those who
should every day offer a devout prayer for theconversion
of England. For admission to the association it was re-
qeisite teat te name ofthe party shou'd be inscril el by
a priest on airinted form, and like wise entered in a book
of the adesciatiore A mission in connexion with the as-
sociation was held in Liverpool by the Rev. Father
Ignatius (formerly a member of the Church of England),
and during the services plaintiff's wife obtained one ( f
the forms of admission, which . she put into plaintiff's
prayer-botsk, arid he had it afterwards in his possession
for a few days. The plaintiff had not done any other act
for becoming .a member of the association. One day
while on duty at the docks the paper dropped out of
his pocket, and was picked up and taken by some ner-
son present to Mr. Ouseley, the defendant, who had
lately come from Shrewsbury to Liverpool, where he
bad established the Liverpool Herald as an organ
of ultra-pretestaut views. Mr. Oaseley her: upon pub-
Main the ifervitt,the.-yertifm.-0--:
drew special attention to it in ee article in which plain-
tiff was spoken Ikea " rebel," "traitor," " villain,:' "not
to be trusted with the property of the crown," &c. The
defendant also issued a large placard, headed "A Popish
Rebel in her Majesty's service." After the article ap-
peared it was brought to the wife of the plaintiff, and
when be came home it was shown to him. As soon as
-he got it he took it to Mr. Yates, his attorney, and that
gentleman wrote to the defendant. (The letter was real,
asking 'the defendant to, retract the expressions be bad
made use of in reference to him.) The defendant replied
as follows :—" Jan. 28, 1856. In reply to your com-
munication, which I have just received, I have only to
state tliat if the Edwiard Darby ee,u a:lude to is the same
party to whom I referred in the Liverpool Herald of the
19th and 26th, I have nothing to retract. The original
doeumeek iA in reylo• sieSsioe ; and- I have a witness
, who saw it fell from the pocket of. Edward Darby.
Therefore I reiterate the expression that any man who
is a member of the soriety,sthe object of which is to do
all it can to injure Protestantism, is a traitor t' the
Crown, as no Papist can reign in these realms." The
action was then brought.
Sergeant Wilkins havirg finished his alciress,l
His Lordship asked Mr. Kenealy what was the ques-
tion to be tried in this cast ?

Mr. Kenealithought he would be entitled to prove a
ju;tification under his plea.
His Lordship said he had just read the plea, and it
really was no justification at all of the libel. In point of
law, as the pleadings were formed, the plaintiff must have
a verdict, and the only question was one of damages.
Mr. Icenealywas proceeding to make some objections,
but

His Lordship said the case was clear. The defendant
had no status in court, and the law %N as decidedly against
him. The only question to try was the amount of the
damages. The plaintiff, he supposed, would be put into
the box. He should have thought it a more graceful way
for the defendant to withdraw, and confess regret for
having published such a document.
The plaintiff having been examined,
Mr. Kenealy put questions intended to elicit the
opinions of the witness on doctrinal matter, and, amongst
other questions; asked whether plaintiff conceived him-
self bound by the doctrines of his church t
His Lordship said he should overrule this question ; it
was an inquiry into the private character of an indivi-
dual. . .

Mr. Senealy—l want, my lord, to show that the
doctrines contained in the' notes to this testament are
subversive of the government of this country.
The Judge—Then you must put in the testament ; but
I must, unless you show me that I ant compelled to do
otherwise, shut out all evidence of the general belief of
individuals. It would be quite intolerable if a person
sued in any cause of action wera to be at liberty to inter-
rogate a witness as to matter between himself and his
God.

Mr. Kenealy—But, my lord—
The Jute—l have overruled the question ;if I hare
done wrong, you have your remedy.
The necessary proof of handwriting, publication, 'kr.,
-havintaletn-put. _
& „re
Timm Wilkins offered that if defendant wentd -re,
tract what he bad said of his client, and bear him harm-
less, the cage should be carried no further.
Mr. Kerealy said that his client acted on principle;
and would not retract anything.
Seryaut Wilkins having closed his case,
Mr. Kenealy, in a long and able speech, argued that
defendant had .published the statement complained of
for the purpose of calling attention to what he thought.
was a treasonable society, in order that if treasonable
those in high authority over the members of such society
should inquire into the rules and regulations, and if not
treasonable that no further notice be taken of it. De-
fendant bad never seen plaintiff, and was not actuated by
any malicious motive. After contending that the object
of the prosecution was to put down the liberty of the
press in England, a free press being one of the great im,
pediments in the way of the spread of Roman Catholism,
he reminded the jury that the article was written during
the excitment caused by the Austrian Concordat. He
alluded to the suppression of all liberty of discussion in
Roman Catholic countries, and went on to refer to seve-
ral decrees,,canons, &c., of the Catholic Church, with a
view to show that heretical priests might be excommuni-
cated, at:d even murdered, but was stopped by his lord-
ship, who took a note of the cases referred to, but ruled
them out of order.
Mr. Kenealy then proceeded to say that be did not
know whether the jary would be pleased at having been_
saved the trouble of hearing these extracts read ; but
certainly his lordsbip had relieved him from a great deal
of additional trouble. As to whether bis lordship was
justified in not acceding to the reception of those docu-
ments, he should have further occasion to inquire. In
conclusion, he would ask the jury were they about to de-
stroy the press of this country by sacrificing his client to
the machinations of Popery? The smallest coin would

suffice.
His lordship then charged the jury at considerable
length, and explained the law of libel and the liberty of
the press. He charged strongly against the defendant.
The jury, after consulting some time in the box, re-
tired, and, after half an hour's absence, returned with a
♦erdict for the plaintiff'-451. damages and costs.