The Sun.
London, England, 1866-02-07 00:00:00

LAW INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.

(Before Lord Chief Justice Cockburn and a Special Jury.)
FITZGERALD V. NORTRCOTE AND STONE.
The hearing of this case was resumed this morning.
The Rev. William Stone was examined by Mr. Har-
court. He said lie was appointed Prefect of Discipline, in
the college of Oscott, in 1865. Except in special cases the
control of the discipline was intrusted to him. The
students in the upper classes, and the boys over 17 years,
were exempted from corporal punishment, and those in
I the philoscphy class had special privileges. At the time
of his return to the college Fitzgerald was in that
class, and certainly was amenable to the discipline of the
college. Ho was also permitted to remain half an hour
later in bed than the other students when ho returned to
the college in January, 1865. The matter of drinking on
the part of Fitzgerald, which had been deposed to, occurred
prior to his appointment as prefect. The first difference he
had with Fitzgerald was about a key. Fitzgerald returned
about 10 o'clock at night, and came to him and asked him
to open his (Fitzgerald's) room. Ho gave him the pass-
key which opened the rooms of the students', the masters',
and other apartments in the college, and he asked him for
it the next morning. He gave it to him, and he thought
it was not the same key, for it was blackened, and there was
some wax adhering to it. He asked Fitzgerald how it
came to be in that state, and he denied that ho had been
doing anything to it. Ho afterwards discovered in Fitz-
gerald's room a waxen impression and a drawing in ink of
the key, and he taxed Fitzgerald with having made these.
He said, laughingly, to witness that it was a very correct
impression, to which he replied that his superiors would
not treat the matter lightly. Fitzgerald admitted after-
wards that ho had acted dishonourably. He infoi•med
the vice-president of what had taken place, but on Fitz-
gerald promising not to repeat his conduct, he arranged
that the matter should not be mentioned to Dr. North-
cote. He had not the least desire to get him into
trouble, and they had been always on the best
terms. The next ground of complaint was his
finding Fitzgerald up in his room at half-past
eleven o'clock, the hour for going to bed being ten
o'clock, and for that offence he took away his privileges
for three days. The next day Fitzgerald broke the bounds,
and he found him with three other students in an inn at
Birmingham. Ho was hiding in the fire-place. (Laughter.)
He reported that offence to Dr. Northcote, who directed
him to be confined in the bounds until Easter. A quar-
ter of an hour after ho found Fitzgerald, and another
student in the plantation, contrary to the rules. He was
shooting with a pistol, and when they saw him they
took to their heels. He overtook them, and asked
Fitzgerald who was the owner of the pistol,
and he said it belonged to him. He asked
him for it, and Fitzgerald answered that he did not
know where it was. He then said, "Itis a lie," and
threatened to box his ears if ho did not get him the pistol
immediately. Either ho or the other boy picked up the
pistol in a hedge and gave it to him. He afterwards told
Fitzgerald to bring him the cartridges and everything be-
longing to the pistol. He reported this occurrence to Dr.
Northcote. Fitzgerald came to him subsequently and said
he wished to ask him respecting three points. He prefaced his
observations by remarking that he had conducted himself
so badly and his character was so lowered in the estimation
of his superiors that anything ho could urge in extenua-
tion of his faults would avail him but little. He said he
wished to speak to him about his expressions on the plan-
tation and his threat to box his ears, adding that he did
not tell a lie about the pistol. Ho then pointed out to
Fitzgerald that, if he did not tell an actual lie, he had
been guilty of equivocation, which almost amounted
to it. With regard to his threat of boxing his
ears he said, "Of course, David, I should never have
thought of carrying that threat out ; it is not generally
customary for a superior to admit his faults to a boy, but
I confess that I was out of temper at the moment. I did
not mean anything more than a threat." Fitzgerald then
came to the second point, and said that it was his impres-
sion the president had no power to take away his
privileges. He told him he had, and had frequently
exercised it. Fitzgerald said ho had gone out of bounds
to see if the president would press his assumed right, and
added that Dr. Northcote had degraded him to the ranks,
and told him to study in the common room instead of his
own. He afterwards found Fitzgerald up late at night
in his room, and said he had no desire to bring him
into further trouble, but if it occurred again he
could not overlook it. About the 4th of March
ho heard of the movement amongst some of the lay students,
with Fitzgerald at their head, from a divine, who said he
had learned it from one of the boys who had been asked to
join the conspiracy. The witness described his having
discovered a paper in Fitzgerald's room containing the
letters A. B. C., Anti-Bunker Confederation, and certain
names marked with crosses and cyphers.
The Lord Chief Justice—How many crosses were there,
and how many cyphers ?

Mr. Stone—The cyphers were 10 to 1, and he under-
stood the crosses referred to the church students. He then
stated he had become acquainted with the contents of the
pocket of Fitzgerald and communicated the matter to
Dr. Northcote, who authorised him to get possession of
them. He went to Fitzgerald's room and asked him
to come to his room, and when he got there he
locked the door. Ho then asked Fitzgerald for the
pocket-book, who said it was all humbug and nonsense.
On his refusing to deliver it to him he took it out of his
pocket without any opposition on his part. There was no
force used or necessary, because there was no resistance,
He gave the pocket-book to Dr. Northcote, who desired
him to get Fitzgerald his dinner in one of the dining-
rooms, not the refectory, before his leaving the college,
which had been previously decided upon. He locked Fitz-
gerald in his bed-room, but at his request allowed
his dinner to be served there, and he also allowed
him to see his brothers before leaving. He was not locked
up in the room more than 35 minutes ; but it was under-
stood he was to remain in the room. When the cab came
ho was taken in it to the station, and he swore most posi
tively that no violence was used. It was the practice when
boys were about to be expelled to lock them in their rooms.
The Lord Chief Justice—Were there many expulsions?
Mr. Stone--As far as I can recollect there were 12
during my time.

The witness was cross-examined by Mr. Vernon Har-
court at some length, but nothing material was elicited, as
he adhered to the statements in his examination in chief.
He denied that he had opened or ever read any letters of
Mr. Fitzgerald's on the subject of Fitzgerald being found
in the public-house.

Mr. Coleridge said—Do you play at bagatelle ?
Mr. Stone—Sometimes in the college.
Mr. Coleridge—Did you ever drink beor at the Swan ?
;Laughter.)

Mr. Stone—When I was a philosopher I suppose I did
as other philosophers.
The witness, in re-examination, said that he never heard
Fitzgerald claim exemption from the rules of the college,
except on the one occasion he mentioned.
This closed the evidence.

Mr. Karslake then summed up, and in the course of a
most able address contended that it had been clearly proved
that Mr. Fitzgerald was subject to the discipline of the
college, that ho had been the principal party engaged in an
unworthy and ungenerous conspiracy, and that Dr. North-
cote, as responsible head of the establishment, had no other
course open to him than to expel him immediately.

Mr. Coleridge followed on the other side.
The case was proceeding when we went to press.

COURT OF BANKRUPTCY.
ACCIDENT TO MR. COMMISSIONER GOTTLEURN.

Mr. Registrar Hazlitt stated that in consequence of an
accident to Mr. Commissioner Goulburn that learned
gentleman was unable to sit to-day. From what was
stated outside the court, it would appear that his Honour
slipped down in the street, but the accident is not said to
be dangerous. The business apportioned to his Honour
has been divided between Messrs. Commissioners Holroyd
and Winslow.

At an extraordinary general meeting to-day of
the shareholders of the Bank of London the fol-
lowing resolutions were confirmed :—" That each
£lOO share in the capital of the Company be divided
in five shares of £2O each, and each of such
£2O shares shall be credited with one-fifth part
of the £5O now paid upon each £lOO share.
That the £2O shares shall be numbered or other-
wise distinguished as the directors shall find con-
venient. That the directors may call in the existing
certificates of proprietorship of shares in the com-
pany, and may cancel the same ; and that they shall
thereupon issue to the holders of the shares so can-
celled certificates of proprietorship of shares in the
company, equivalent in nominal value to the shares;
the certificates of which shall have been so cancelled.
For all purposes of limiting the number of shares
which may be held by any shareholder in his own
name, and for the purpose of calls, giving votes and
qualifications,
,five of the £2O shares shall be equi-
valent to one of the £lOO shares ; and every per-
son becoming entitled to five £2O shares, by force of
this resolution, in place of a £lOO share, shall be
considered as having become entitled to, and having
become the registered holder of, the five £2O shares
at the time at which he became entitled to,And
became the registered holder of, the £lOO share."
One of the most important musical events of the
season will be the production of an entirely new work,
from the pen of that popular composer Gounod, whose last
composition, a sacred drama, " Tobias," will be performed
under the patronage of the Queen and the Royal family
on Tuesday, the 13th inst. The cast, including our most
celebrated and popular tenor, Sims Reeves, and those ge-
neral favourites, Madame Lemmens-Sherrington, Madame
Rudersdorff, Miss Whytock, Messrs. Cummings and
Patey, is very strong, and we learn that Mr. Benedict, as
well as several of the leading choral societies, have most
kindly volunteered their services.