The Sun.
London, England, 1859-07-07 00:00:00

The Lord Chief Baron immediately sent for Mr. Justice
Wightman from the other court, and consulted him on the
point. His lordship, at
,the conclusion of .the conversation
with the other learned judge, said he was sorry for the
juror, but he had no power to interfere, neither had the
prisoner or his counsel, everything must be done by the
court. The proper time for the juror to have stated
his excuse was before he had taken the oath. He had
been wrong in entertaining any prejudice, and must there-
fore dismiss it from his mind. He had observed that his
prejudice only arose from what he had read, and not that
he had any acquaintance with, or ill-feeling against, the
prisoner.

The juror said he had not.
The Lord Chief Baron—lf such an excuse was allowed,
t would be impossible ever to get twelve men to serve on a
ury.

Sergeant Ballantine then proceeded to state the case to
the jury. The charge against the prisoner was one of the
most serious known to the law, and one surrounded with'
considerable difficulty. It was that by means of adminis-
,sh7otiiildeadt
ilhastmtyhseteurynfoorstunthaeteprwisoomhaner, dwiehdo.
hTadheperoasoe-
tering small doses of an irritant poison, given from time to
tNivmase
tised as a medical man, was well acquainted with the effects
of the poison with which he was charged with administer-
ing. The lady about whose death they were inquiring, was
a person who moved in very respectable society, and her
friends were highly respectable. The father had left only
two daughters unmarried, the deceased and another lady,
who, though on terms of intimacy, were not living toge-
ther. The deceased lived at a boarding-house, No. 4,
Rifle-terrace, Bayswater, and subsequently left there and
went to live at another boarding-house in Kildare-terrace,
in the same neighbourhood. She was living in a position
in life to which her means entitled her, and that was
as a gentlewoman, It would be important, it should be
known, that Miss Bankes had a life interest in £5,000,
and an absolute right to about £1,700 or £l,BOO under
the will of her father. The prisoner was living at the
boarding-house in Rifle-terrace with a lady very much older
than himself, whom he called his wife. The deceased, when
she left that house, went to reside, as he had stated, at Kil-
dare-terrace,- and shortly afterwards the prisoner came to
her there, and they left that place together. On the 9th of
December, 1858, Dr. Smethurst met Miss Bankes at a
church in Pimlico, and they were there married. Aft©r that
Dr. Smethurst went back to his wife for a day or two, after
which he left her. Nothing was heard of the lady until the
10th of January, 1859, when Miss Louisa Bankes, sister
of the deceased, received a letter from her sister. That letter
was announced on the 15th January, when Dr. Smethurst
and Miss Bankes, calling herself Mrs. Smethurst, went to
live at Old Palace-green, Richmond. In this place she
was taken ill and suffered from diarrhoea and vomiting, and

there a correspondence ensued with the prisoner and de-
ceased's sister. From there they removed to Alma-terrace,
where the unhappy lady died. They went there at the
latter end of April, and the death of the lady took
place on the 3d of May. During the time that she
was vomiting, Dr. Smethurst was treating her and ex-
pressing himself with the greatest affection, and it would
be of, the greatest importance to the prisoner and
to the inquiry that he sent- for Dr. Julius and his
until the time of her death. They found her suffering from
andd
inthtaotatttheneyd
haetrtenatdepd
Palace
-gfr'reoemn
tlemen used the ordinary means to get rid of the diarrhoea
and the vomiting, and they would state that the disease
thepartner,
time
diarrhoea, tMhery.
but werecßelu rddc notalle trace the origin of it. These ge n -
baffled all
symptoms that showed
they were totally at a
lossaccountteo
themselves. They suggested, and the prisoner at once
medicalcomplied
assistancew h it , thatin thethe they
isnhgoduol
md send for
alluded to Dr.
the highest
Todd, and that gentleman came on the Thursday before
she died. He was totally at a loss to account for the
symptoms in accordance with the facts,
Julius he expressed a strong opinion, which he would
and whenwithstpa state
when
giving his evidence, and the result of that opinion
was that the secretions were taken and tested,
and
te justify that opinion. Drs. Julius and
Bird paid parti-
cular attention to this case, for it was an extraordinarfyouonnd,
and they could not account for the progress of the disease.
They would tell the jury what medicines they gave, and so
would Dr. Todd, and they would show that they had not
in any way given either arsenic or antimony. Sme-
thurst's conduct to the deceased was kind and affecionate.
He had the entire control and management of the sick-
room,and nobodycould have given her anything but himself.
Previous to the lady's death the prisoner called on a gen-
tleman in Richmond, named Senior, and said that a lady
wished to make her will, and he wished him to draw it up
for her. He produced a document which he said was pre-
pared by a barrister in town. Mr. Senior said he had no
objection, and that he would come on Saturday (April 30)
to see it executed, but SMethurst said the lady was too ill
to do it that day, and asked him to come on the following
morning. He at first objected to do it on Sunday, but on being
assured that it was a case of necessity, he consented. He
went on Sunday morning, at nine o'clock, and was taken
xi) to the lady. He expressed a wish to have a medical
man present, and he said it was not necessary, as she
was perfectly competent to make a will. He gave as a
reason for not wishing to have a medical man present that
he was not married to the lady though he was living with
her as his wife, but that he should marry her as soon as her
health would permit. He came, and the will was executed,
and was witnessed by the landlady's daughter. When he
went up to the room the lady produced from under her
pillow the draught of her will, which was the very docu-
ment Dr. Smethurst had shown to Mr. Senior, and was in
his handwriting. When the prisoner was taken
into custody h was searched when a letter was
found which would undoubtedly prove that he did
not intend that his connection with Miss Bankes should
either be long or lasting. It was directed to his first wife,
who was still living in Rifle-terrace, and bore an uncan-
celled stamp ready for post. The letter was as follows :
"Monday, May 2, 1859.
"My dear Mary,—l have not been able to leave for town,
as I expected, in consequence of my medical aid being re-
quired in a case of illness. I shall, however, see you as
soon &s possible. Should anything unforeseen prevent me
leaving for town before the 11th I will send you a cheque
for Smith's money and extras. I will send £5. lam quite
well, and hope you are the same, and that I shall find you
so when I see you, which I trust will not be long first.
Present my kind regards to the Smiths and all old friends
of the house. I heard from James the other day, and he
said he had called on you, but that you had gone out for a
walk. With best love, believe me, yours affectionately,
• 44. THOMAS SMETHURST."
The unfortunate woman died on the 3d of May, and,
allowing time for the funeral, he would be able to get
back to the lady to whom the letter was addressed. He
had now brought the case down to a certain point, and the
jury would find that so constant was the prisoner in his at-
tendance in the sick room that Drs. Julius or Bird, with a
single exception, never saw the lady alone. He never al-
lowed any other hand but his own to administer food to the
unfortunate lady. He always took eare that the evacua-
tions and secretions were disposed of ; and it was not till
butea ifot eu
rt
edtsi
brtee
and
for
rf fie
tc
hhupoel
ot
iyjsouooi
rntu
daahsftaadder i sr: ctbvhoeovee
yenar
the daanddt
ohmhai
eotia
iat thrsr adte
ercrt ehe sdowoo
enf v
ieaalndr
sed eni nee iinetc,
to say by whom it was administered. Referring to the
medical part of the case, the learned counsel said he should
show that the whole of the medicines which the medical
gentlemen had prescribed, while being administered, there
was also being given to Miss Bankes some irritant matter
preventing the proper operation of the medicines, and pro-
ducing the irritation and exhaustion under which the
patient was labouring. Dr. Julius and Dr. Bird had sepa-
rately come to the conclusion that the lady was suffering
from irritant poison. They did not communicate their sus-
picions to Dr. Todd, but when that gentleman saw and
examined Miss Bankes, he came toi the conclu-
sion, judging from the expression of countenance,
and without any other kind of warning, that she was
labouring under the operation of mineral poison, that, in
fact, she was being poisoned at the time, and it was in con-
sequence of the belief that the secretions were obtained.
These were examined by Dr. Taylor and Dr. Odling, and the
jury would have to determine whether the medicines adminis -
tered were consistent with any Other theory than that of in-
tentional poisoning. When Dr. Smethurst was arrested Mr.
APlntyre, the police officer, took possession of many of the
bottles in the house, and to those the attention of the jury
would be directed. He had now gone through the whole
of this painful case, and he could only say to ,the jury, God
help you to come to a right conclusion.
The first witness called was
Mary Smith, who said—l live at 8, Rifle-terrace, Bays-
water. I keep a boarding-house there. I knew the de-
ceased lady, Miss Bankes. She came to lodge with me on
livinAbgoutthearefortTnihgeht before Miss Bankes and Dr.
the 20th of last Septemyberh.adTbheeen
prisonerresidngantdhehreis
since
wl‘Simearyeet.hurst quitted the house, I noticed what I thought im-
proper conduct. I spoke to Miss Bankes, and in conse-
quence she left. deceased told Dr. Smethurst ,I had
given her notice to leave. She gave me to understand that
it was in consequence of what I had stated that she left
the apartments. Dr. Smethurst only said he should leave
going on a visit. Miss Bankes left me
of November. The prisoner quitted on
ahasme month, and left wito vobkld
himself,ht
hoeu house
to n a:t
fh ash®
: 2 9t
e we

He did not say how long he should be away. Miss Bankes
was always delicate ; she frequently complained of a bad
appetite.
Cross examined by Sergeant Parry—She complained
when she took her food there was a sort of nausea. She
lived in my house ten weeks, during the whole of that time
she complained very frequently of loss of appetite and bile.
On.more than one occasion she had left, the dinner-table
from biliousness. I sat next to her, and had good opportu-
nity of observing her. She was of a dark bilious tempera-
ment. The old lady (Mrs. Smethurst) is not living with
me now. She has been confined to her room. Dr. Sme-
thurst alway attended her. It was his habit to take her her
luncheon every day. Miss Bankes knew that they were man
and wife. The arrangement made with me before Dr.
Smethurst left was that-I was to receive some money about
once a fortnight, on the 11th and 26th of every month.
Re-examined—l am not aware that any medical man saw
Miss Bankes'while she resided in my house. •
Mrs. Grabowski, of 37, Kildare-terrace, Bayswater, said
—Miss Banks lived at her house for some time. She was
very delicate. I never saw the prisoner at my house. Miss
Bankes frequently went out walking. She left my house to
go to Rifle-terrace.
Cross-examined by Sergeant Parry—She often com-
plained of delicacy. I never saw any medicine bottles. She
never complained of an internal complaint.
James Spice, parish clerk of Battersea, proved the mar-
riage of the prisoner with Miss Bankes on Dee. 9, 1858.
The Lord Chief Justice—You have no doubt the prisoner
is the man.
Witness—No, my lord.
Miss Louisa Banks proved the entry in the registry was
in her sister's handwriting.
Mrs. Isabella Robertson said—l reside at Old Palace
Terrace, Richmond. On the 4th of February the prisoner
came to my house accompanied by a lady he called Mrs.
Smethurst. They engaged a sitting-room and bed-room.
The lady appeared to be in good health. She was taken ill
about three weeks before she left. She previous to that went
out every day for about three hours. Dr. Smethurst told
me she was labouring under a bilious attack. He said he
thought he should call in medical aid, and sent for Mr.
Hill. I recommended Dr. Julius and he was sent for. He
saw the lady after that every day. The medicine when
they came from Dr. Julius was always sent up stairs. I
neverad ministered any. She never seemed to get better from
the medecine. I know she was very frequently sick. She had
no appetite. He said if she could eat he should not much care.
She left my house on the 15th of April very ill indeed. She
never appeared to rally.
Cross-examined by Sergeant Parry—Miss Banks resided
with me from the 4th of February until the 15th of April.
I never saw her sit down on the door step after her usual
daily walk from faintness. The moment I suggested Dr.
Julius the prisoner acquiesced. Dr. Julius is in great prac-
tice. Mr. Hill also has a large practice, and I suppose he
was first selected as he resided very near my house. Dr.
Smethurst, when he first spoke about sending for medical
assistance, said to me that he did not like to trust himself
further, and that he should therefore send for further assist-
ance. The sickness always came on when she moved
about, and when she got up in the day. I recollect Dr.
Smethurst having a violent attack of toothache. He re-
mained in doors three days. I believe he went to London
to have something done to it. When he went away—
as he did frequently—he always returned in the evening.
Re-examined by Sergeant Ballantine—He was away
after Dr. Julius was called. One day he 'called twice and
he was not at home.
Mrs. Wheatley said—l reside at No. 10, Alma-villas. I
know the prisoner. He took lodgings at my house on the
15th of April. When he came to take the lodging he came
alone. He took two rooms; a sitting room on the ground
floor, and a bed room over. He took the lodgings until the
lady got well by the week. He brought the lady ; she was
the Miss Bankes that died there. She was in very feeble
health when she came. She came in a cab. She walked
upstairs, and went to bed directly: She came down
stairs nly four times during the time she was
alive. Dr. Julius and Dr. Bird attended her. I always
prepared her food. It consisted of arrcwroot, tapioca,
and rice. Dr. Smethurst always carried the food upstairs,
or received it of me at the door. The medicines were
always taken upstairs. No person but the prisoner ever ad-
ministered any medicines. Dr. Smethurst always brought
out the evacuations and emptied them in a pail which I
carried downstairs, and threw away. I spoke to Dr.
Smethurst about having a nurse, but he said he could not
afford it. I recollect on the 29th of April some of the
evacuations was placed in a bottle in my presence. Dr.
Julius took it away with him. I never saw the prisoner
actually give the deceased any medicines. The room door
was sometimes open, but I could not see all over the room.
Cross-examined by Sergeant Parry—Dr. Smethurst
always appeared most attentive and kind to the lady. When
he went out he always said Mrs. Smethurst would ring if
she required assistance. She never did so. He paid 15s.
a week for the lodgings. The lady came down about four
times. I cannot say whether she took any bread at
her meals. I don't think she ever took bread and
butter for her breakfast. Dr. Smethurst said his object in
removing the evacuations so quickly as he did was to avoid
the bad smell. The bedroom was a very large one. I re-
collect the day Dr. Todd attended. Dr. Smethurst told
me on that day to show Dr. Todd one of the evacuations.
I did not recollect this when I was examined at the police-
court. Dr. Todd never saw it, as it was thrown away by
accident. I was kept till late at night, when it was thrown
away; after which Dr. Todd came, when Dr. Smethurst
asked for it, but I said I was very sorry, I had thrown it
away.
Re-examined—Dr. Smethurst, when he took up the food,
it was always in a cup and saucer, and, with one exception,
it was always returned empty.
Miss Louisa Bankes said—l live at 10, Langhart-villas,
Maida-hill. I saw my sister after her death ; the person
pointed out to me was my sister. Her age was 43, and she
was unmarried. We did not live together. 1 recollect her
going to live at a boarding-house, No. 4, Rifle-terrace, t
Bayswater, in the autumn of last year. I recollect her
leaving that house and going into a boarding-house in Kil-
dare-terrace in the same neighbourhood. I was in the
habit of seeing her at both places. Ido not luaow that she
had a disposition to relaxation of the bowels. When I
visited her at Kildare-terrace, I was introduced by her to
Dr. Smethurst. She was in a very good state of health at
that time. Some time after, I met her with Dr. Smethurst
in- Kensington-gardens, and the deceased left him
and came and spoke to me. I saw her the even-
ing before she left Kildare-terrace, but I do not know the
date. I did not hear from her again until I received a letter
from her on the 9th of February, 1859, and from that date
until the 19th of April I received letters from leer. I re-
ceived this letter, signed "T. Smethurst." I have received
similar letters from Smethurst, and have spoken to him
afterwards about some of them. The letter was then
read

" Strictly private and confidential.
"Dear Miss Bankes,—Your dear sister Isabella wishes
me to request the faveur of your calling upon her as early
as convenient, as she is really very ill and desirous to see
you. She also wishes me to say that you will greatly
oblige by coming alone, and ask for Dr. and Mrs. Smet-
hurst ; say that you have called to see your sister, and that
you will breathe not a word of the contents of this note to
any one. She further wishes me to say that she cannot
ask you to remain ; she simply solicits seeing you for the
present. The rail from the Waterloo-station about every
half-hour, and Richmond from the White Horse-cellars,
Piccadilly.
" I remain, dear Miss Bankes, yours faithfully,
" THOMAS SMETHURST.
" 10, Alma-villas, Richmond-hill, April 18, 1859."

I wert down there and arrived between two and three
o'clock. I saw Dr. Smethurst before I saw my sister. She
was very ill, and much changed from the time I had seen
her last. I remained there some hours, but not in the room
all the time. I was never alone with her. I did not ex-
press a wish to be alone with her. Ido not think she gave
me any account of the nature of her illness. She was not
able to tell me. Dr. Smethurst said she had been suffering
from sickness and diarrhoea. I have a relative Mr. Lane,
of St. George's Hospital, and I proposed to Dr. Smethurst
that he should come and see her ; but he said he had better
not, for my sister did not wish it. That was in her pre-
sence. Dr. Smethurst was once out of the room for two or
three minutes, and then I was alone with her. While he
was in the room he said he did not think the money she had
received under her father's will was as much as she ought
to have had. I left her abmit five o'clock. She expressed
a wish that I should come soon and see her, and I promised
to do so. While I was there I noticed some tapioca in a
cup in the cupboard. My sister said she did not like it be-
cause it had a disagreeable taste. She said she should like
me to prepare some for her, and I said I would do so. I
did not do so because Dr. Smethurst said the milk had not
come. I afterwards offered to make some, and he said it
would interfere with the landlady. I proposed to get some
isinglass, but he did not seem to wish it, though he said
nothing. She said that he was very kind, and that he
watched her so tenderly that she was quite happy.
They occupied one bedroom, but I made no remark about
it. She said if I would wait a little and be quiet it would
be all right. I left, and got a letter from him before I
went again. The following is the letter :
"My dear Miss Bankes,—We are in receipt of yours of
yesterday's date, for which we are greatly obliged. After
your departure dear Bella had a very bad evening and night,
and that purely from the excitement of seeing you and the
fatigue consequent thereon. Vomiting and sickness set in
at a fearful rate, which of course prostrated her greatly.
Her doctor, therefore, at once forbade any visitors for the
present, or le would not be responsible for the effects at-
tendant thereon. Last night was a good one, but lam
sorry to say a trying one. She is now, however, again
better, and I am happy to say recovery is reallS, expected
by ull. I will write again shortly. Dearest Bella sends
her kindest love, and, with kindest regards, believe me
yours faithfully.

" THOMAS SMETHURST.

" 10, Alma-villas, April 21, 1859."
I had written to my sister, addressed to Dr. Smethurst. I
received that letter, and in consequence did not go down.
Subsequently I received this letter :
" My dear Miss Bankes,—Bella's dearest love and best
thanks for your kind attention, in which I cordially unite.
She has not yet got over the emotion of meeting you, poor
dear, and is still looking forward to a very early interview ;
indeed, she would like to name Moudsy next for your taking
a chop with me, but I think it would be more desirable to
say the middle of next week, for the doctors even this
morning, have prohibited anything of a nature which might
try her very weak powers, since it would be impossible to
bear up against shocks to the nervous system, and on these
grounds alone she is ordered to keep her room, in order to
treasure her health. The aspect of affairs is favourable if
great care be observed, and wo three doctors have every
hope of a successful termination. I shall not fail to call for
the Jelly. I purchased some very beautiful yesterday, and
dearest Bell has partaken of two or three glasses of it, and
I think, with benefit. Dearest Bell says she would rather
not see uncle Lane ; however, we will talk this matter over
at our next meeting. With every kind wish, in which
dearest Bell unites, believe me yours faithfully,
"THOMAS SMETHURST.

" April 23, 1859."
I still did not go down, and received the following letter .
cc My dear Miss Bankes,—Dearest Bella requests me to
thank you kindly for the jelly; poor thing, she tries her
very best to eat it. It is, however, I imagine, too
sweet for her taste, especially as now, with constant
nausea, sometimes it is retained on the stomach, at others
it is speedily vomited. I obtained some from town, which
is not so sweet, but this she puts aside for yours. I very
much regret to say that she has not once properly rallied
since seeing you. Her nervous energy must be very low
indeed, or this would not have happened. Still we have
every hope of a good recovery. To-day I have insisted on
having a consultation with Dr. Todd, of King's College
Hospital, the first physician of the day, with her two regu-
lar medical attendants, who are also the first doetors in this
town. She is still ordered quietude, and all visitors to be
excluded for the present; therefore dearest Bella begs of
you to wait a little longer than was anticipated before tail-
ing on her. As soon as I have got Dr. Todd's opinion I
will send you a few lines on the subject. with our united
love, believe me yours faithfully,
"THOMAS SMETHURST,"
I wrote a letter to him, and in reply received the felleyibag
letter :

"My dear Miss Bankes,—We saw pr• Todd, from Lon-
-4011, last owning. as lats as 10 o'clock, m consultation with

Mr. NORRIS moved the followin :—That the Colne
Valley and Halstead Railway Bill, as amended in Com-
mittee, be referred to the examiners of petitions for private
bills, with instructions to examine and report whether the
standing orders of the house have been complied with in
relation to the amendments made in Committee. That all
petitions complaining of non••compliance with the standing
orders in relation to the said amendments be referred to the
examiners, with instructions to hear parties and their
agents and witnesses thereupon.
After some discussion the motion was withdrawn.
PETITIONS.

Several petitions were presented in favour of and against
the Endowed Schools Bill.

NAVY.

On the motion of Mr. BRAND the following returns
were ordered :—Return of the number of screw ships and
vessels of her Majesty's navy afloat on the Ist day of
February in the years 1855 and 1858. Return of the ships
and vessels added. to the navy between. the 31st
day day of March, 1858, and the let day of June,
1859, distinguishing those which were added in accord-
ance with the general scheme 'of works for the year,
and those which were added in consequence of subsequent
orders ; and also of the frigates and sloops which would
have been launched according to the general scheme in
works for 18,58-9, but which were deferred on account of
the wen being removed to convert ships of the line. Return
of the sums voted, and of the sums expended for wages of
the dockyard in the years 1857-8, and 1858-9 ; showing in
the latter year the sum inserted in the original, in the re-
vised and supplemental estimate.

ENDOWED SCHOOLS BILL

Mr. DI LLWYN moved the second readina• of this bill. The
hon. member having adverted to the importance of this sub-
ject ai shown by the number of petitions presented from
every part of the cOuntry both for and against the bill, said
there were no less than 3,000 schools in the kingdom,
with an income of not -Much less than £500,000. He de-
nied that the bill proposed to wrest any legitimate power
from the Church of England to which it was justly entitled
in reference to scholastic endowments, and where the
wishes of the different founders, relative to religious and
secular education were clearly expressel To prove that
he had no views hostile to the State establishment, he men-
tioned that he did not approve the bill brought forward in
the ,House of Lords last session for the admission of Dissen-
ters to the trusteeship of these charitable foundations, be-
cause he did not see what right they had to enjoy such
trusts in all cases. He contended that in some cases the
church interfered improperly in enforcing attendance at
church on children attending these grammar schools, where
the founders had not specifically enjoined teaching in ac-
cordance with the Church of England. In many instances I
it was provided that the Church of England doctrines
should be taught, and when there was no such provision it
was to be inferred that the founders did not feel strongly
in favour of any specific religious teaching. In illustration
of the case with which these endowments were framed he
cited the instance of a grammer school in Winchester, in
which the founder directed that the schoolmaster should
not be a Welshman, a Scotchman, an Irishman, a foreigner,
or a north countryman, in order that scholars might not be
taught a vicious pronunciation. (Laughter.) He
next alluded to the grammar school at Ilmin-
ster which had excited considerable interest,
and which was the latest case relating to the sub-
ject at present. It appeared that the school in question
was founded by two persons in the reign of Edward the-
6th, who directed that the trust should be administered by
God-fearing persons ; and for the last 150 years such trus-
tees were composed of Church of England members and
Dissenters. However, the matter was brought before the
Master of the Rolls by the vicar of the parish, and Sir
John Homily decided that 15 trustees should be appointed,
12 of whom were to be members of the Church of Eng-
land, and the other three to be Dissenters. How-
ever, that decision was appealed against, and the Dissenters
were removed from the trust. He considered that that was
a state of things of which Dissenters had good reason to
complain. He maintained that they were bound to render
those institutions as beneficial for the purposes of education.
as possible, and his bill merely proposed to admit Dissenters
to the benefits of these schools, except in such cases where they
were expressly left for the purposes of the members of the
Church of England alone. The educational vote was a
very important item in the public expenditure, and of late
years had doubledbeing last year no less than £663,000, and
they should remember that the Dissenters were one-half of
the whole population. He would ask the house whether it
was politic, just, or in accordance with the spirit of reli-
gious freedom so to treat such a number of their fellow-
subjects. The hon. member concluded by an earnest
appeal to the house to pass the bill.
Sir S. NORTHCOTE moved as an amendment that the
bill be read a second time this day three months. He
complimented the hon. mover on the temperate manner in
which he had brought the bill forward, but at the same
time he felt bound to oppose it, after careful attention to
the subject. He did not see how the bill could be operative,
considering the functions -which the Court of Chancery as-
sumed. He thought the measure was calculated to act
very injuriously in. different ways, and amongst
others it would give rise to mischievous litiga-
tion..
The effect also would be that it would super-
sede one state, of things without supplying any
substitute, and that it would secularise these grammar
schools. He contended, in conclusion, that the effect of the
bill would be to diminish the efficiency of the schools, and
therefore inflict a material injury on the country.
Mr. BULLER opposed the bill. When an erroneous im-
pression prevailed amongst Dissenters that according to the
decision in the Court of Chancery, they were not
regarded by those tribunals as " honest men" in refer-
ence to these trusts, he was not surprised at the number of
petitions presented in favour of this bll. The fact was this,
the Court of Chancery put a construction on a deed only
when there was any ambiguity in the expressions of the
founders, and when the construction of the language was as
close to the meaning of the words at the time of the drawing
up of the instrument as possible. Ho alluded to a speech
delivered by Mr. Miall, in which that gentleman stated that
the present measure would be a deadly blow at the State
Church, and made some remarks to show the feeling enter-
tained by Dissenters on the subject. He denied that in
interpreting a deed the Court of Chance-y were influenced
by religious considerations, and maintained that they
were influenced solely by what• they considered to be the
intention of the founder. However, it must be considered
that secular education without religion was imperfect, and
the Court of Chancery was bound to recognise as religious
instruction the teaching of a State Church. Such being
the case, practically there could be no perfect religious
equality so long, as there was a State Church. This-
bill proposed to extend the benefits of those founda-
tions, but would it have that effect—or would the substi-
tution of any other system of religion. in these
schools prove more beneficial ? There was some
diffisrence of opinion as to the number of Dissenters, but he
would assume that they were as numerous as they were
represented, still it could not be denied that the Church of
England was more numerous than any other sect in this
country. The result of the bill therefore would eventually
lead to the adoption of a secular education solely, and he
believed the great mass of dissenters would prefer the pre-
sent system to such an alteration.
The ATTORNEY-GENERAL contended that legisla-
tion on the present subject was necessary, and that the
Court of Chancery in the construction of the intention
of
the founder of these schools proceeded on a false assumption
of _
—namely, that these shools belonged to the members he
Church of England alone, in the first instance. To
cdte accord-
ing Which
show that the law proceeded on the principle he had men-
tioned he alluded to the
other
laowf
officers, he
endea-
voured School, in which, with some
h
theto childrenhave
of
Da i clause introduced intz,eadauldcendat be inthineadtruee
ing to the doctrines of the Church of England if their
guardians signified in writing to the head master of the
school that it was opposed to their wishes. However, they
were not able to carry out that liberal provision in
conse_
queue° of the erroneous assumptions to which he alluded.
eforonorChurchdheeen.pa
en.dgn.
ltsdec
hr s
oatodolos pttehse
iodauedl dv
He believed the most politic
their
missiond ono gr
sloafonfdpt hs cos
Dissenters
• ter numbers, the members of
a sabt coursePa staio.b ltethch
their grea the Church of Eng-
land had nothing to apprehend if they acted in this way
Having alluded to the ase f the Ilminster school, as a.
proof of the defective statec o
of the law, he concluded by
supporting the second reading of the bill th d standing that the language would be un
so altered altered as to carry
out fully the intentions of the hon,
Sir H. CAIRNS supported 4,1. mover. (Hear.)
pre-
sent bill would not meet e amendment. The
school, while it would such
cases as that of Ilminster
produce ma •
ny instances of what was to be most strongly reprehended. It would be the means
of diverting the benev-o
different to their ence of certain persons to an object
ments had been e intentions, for many of the smaller endow-
donations from nlarged from time to time by liberal
those who contributed solely in conse-
quence of th •
tof the schools with he Church of E
hear.) In nglandidentit to in regard doctrine. (Hear,
interpreting the intention of a founder
of a charitabl. tth of Ch
ow.nen , Court ancery proceeded
in theend
same
way that it did with reference to other matters.
That Court
took into account the signification of certain
'erAs used in deeds at the time they were drawn up, and
surrounding
circumstances conneeted with them that were
Qalculated to throw a light on their correct construction. If
they attempted any alteration in reference to these founda-
tions 7 they wauldprobably be required to make some Altera,-