The Sun.
London, England, 1810-08-23 00:00:00

POLICE.

GUILDH A -a
Waiter in Peel::
Coffer-house, and vt,ho, in the absence of this rnis.
tress, was-entrusted with, iind ,reprinsible (or the
wlici,e property. in the honse, chArged a deCent
lo named Willie& Curter, with sit-Ain&
in the cottre-rooin a silver table spoon, the property
Of Ilk

According to the statement given by the ptosectaa
tot, the prisoner came inio- the coffee-won, yester-
day, and called for a bowl of sou.,, will) Which hs
et veil,' and for which be .paid,
•Irntnediately
on.liis leattig the room the spoon was tnl,sed; t:te
pii%onet Was followed; brought bacii, and that spoon
foui,d in inq.Possesston:

The pi isoner pleoded guilty- to the charge st,ited
that he kid served hiscoui, try 3ts years ; had been re+
heatedly twounded ; could have the must irspe,nable
character from some of the h►ghest military men-iii
the country and that he had committed this ottefice
unde't the- ituniediate pressure of want, he, hio
wife and family bring reduced to the greatest dis;.
tress.

The prosecutor stated, that he felt so much for
the prisoner at 'the tinne the theft WAS dlrOVeri'do
that he would mit have brought him before 4 .
'rate, had not hi, Losses in thisway been In-
. Anent;
this being the fifth spoon stolen from biro 4itlce
Christmas,' and the twelfth in the ecrorse of the
year. There was a circumstance; however, 'which
operated more fc;:-cibly on his. mind 'against the pri:
sorter, and 'it 'was this; that •the prisoner' had been
in the coffee-room on the. preceding Saturtlar, ti'hert
he also had a bowl of soup, and on. which occasion
also the sponnslisappeket. '
A watter belonging to' George's • Col fee.--house 'also
appe'ared; attil stated, that on 'a pirticular day' bd
which the prisonerhad s•boWl of toopin their coffee--
room,. the spoon was 'missing.''
Nothing -found on the prisoner:to lend stretvgtti
to tittese,a,lditional grounds of suspicion against !liar/
and•ho was.lrernanded .till to-morrow, that it might
be se-i if any thing could be discoVered to coufirtY
Or invalidate tl* suspicions of the proiecuttr as to
the_ prisoner's. toriner guilt.

114argaret Hawkins: fin 4tealidigi a silver spoon in
the kitchen of the workhouse belongitig to Crippll
gate, in. which ,she was a :pauper,- and which spoon
she had pkdged•with:a pawnbrakei- of the name of
-GUtst,,wpa fully committed forJtr~►l.
Mary Smith, an old oftender, well known at the
01-Ike, was fully committed for trial, charged with
robbing a' barge-man, belonging to 'Maidstone, of
his watch, in Foster-lane; Cheapside; on the pre-
ceding evening.

_The' prisont!t, begged that she might. be imme•
diately sent to Newgate ; but was informed that
she. twist, it this respect, share the fate of the
other .prisoners. Newgate was-already sufficiently
burdened.

QUEEN-SQUARE.—For some time past the Parish
Officers. belonging to Sr. Margaret's, Westminster,
hai.e been in .the habit of paying a man of the name
of Thomas Knight, a fireman, a number of rewards
for tak;ng his engine to places where. he had stated
fifes had happened. T e. :17etry Clerk, Mr. Ste,
phensxt, alarmed at the frequency of his application,
was induced to make ingniries, the residt of which
was, that in about thirty cases no fire had happened,
or even an engine been brought, fori.vard f in conse-
quence of which, apOlication was made to HENRY
JAMES NE, Eq. by whose warrant the prisoner
Was appreheAded. Yesterday he underwent an ett-
amination, and was committed fur trial.

' On Sunday morning last a young man, belonging
to One of the paSsage bOats On the Paddington Canal,
in his exertions to open one of the swing bridges,
sd as to admit 'the boat to pass on its way to Ux-
bridge, was, by the rapid approach of the vessel,
knocked
,into the Canal, and underneath the boat,
which passOd over hint. The utmost ans.iety on
the part of the passengers was , entertAined for the
safety of the'young Man,. particularly as lie did hot
appear on the surface of the water after the passing
of the vessel. Mt. Thompson, a surgeons instru-
ment-maker, in Great Windmili7street, a most ex-
pert sWinsiner, being on board:jumped 'on shore,
threw off his Coat,.and dived into that part of the
canal where The man was borne down,. and after
being sense 'second, -Under water, brought the man
up 'and on. shore, apparently lifeles. The process
prescribed by the Humane Society was, however,
immediately had recourse to, and after aome time
aniination was fortunately restored, and-the young
man is likely to do well.

•
A few days ago a mad dog ran through Roberts.
bridge, in Sussex., in a manner which put the whole
village in terror; bit .one dog thertyand was pur-
suecrby a number of ,people.with bludgeons, guns,
and other weapens, towards a hay-field, a little diss-
tatice from the town, where he, was attacked by a
great number of the men, at work ,with pitchf)tkt;,
by %.k or ri fie was.killed in a river just above the
town. -He was a eery Inge Newfoundland dog be.
tonging to Sir Godfrey Webster. He kilted one dog
at Swale's-gteen,
.near .Vinehall, before he made
his appearance at Roberts-bridge.
Thursday last an inquest was taken at Hacheston,
SUifolk, on the body of Stephen Dammanr, a la-
bourer, who, while standing in company with ano-
ther man under a tree for shelter, was killed on the
spot by lightning, and the Other man Was knocked
down, but is in fair way of recovery.

••• or-
-LAWREPORT.

IN

ATTORNEY-GENERAL V. THE EARL OF

CLARENDON.

Jt,:l-;mcnt r1:-Iitelekby his Honour the MASTER of
L& ILL., a., the Rohs, Chancery-lane, on Sa-
‘. turda); Aug. 1.8,
iMAsTER OF THE ROLLS, (Sir WM. GRANT.)

Toe iniormAtion in this case has three objects ;
first, the re.noval ot such ot the Governors of
Harrow School, as ,are staird not ,to have bken
elected. becoodly, tne better. administration
(If th(4 Itlvennes ot the Chat ity ; and thirdly, an
allerat;on in the present coostithtion or ,establist.,
me: tof the School. The first object is sought to
be obtained on the ground at the Governors oot.be•
ing inhabitants of the parish at the time of their
plettion. _ _

By the letters -patent of Queen Elizabeth, the
oVei nors of Harrow School are constituted a body
"corp;)ratel now this Court has no jurisdiction with
'respect to the. election, or a motion of members of:
Corporation's of anyoescription.
In eleemOsynary corporations these are matters of
visitorial jurisdiction, and where for want of an
herr the crown becotne3lthe visitor, it ;s by petition
to the crown, and not by bill in this Court, that
the removal of a. Governor from the corporate
ratter, whichdeirian be has held, is to be obtained,
this has neetk setitcd in the case of Grantham and
Coventry, Free Grammar Schools, and in the case at
the rvlilion of tki.elittornev General. . .

, .
Where the election of Governor was tried to be
set aside in the Court of 'Chancery, the Chancellor
Ile& lined removing him, till a petition was presented
to him in hits stsitorial capacity.
Corporations constitui-ed trustees, Lave by the
decree of .this Court, sometimes been divested of
t tat character foi abuse of their oust, as any other
Irustee• would have been. Such was the case of
Ilie'Corporation of Coventry, in the time of Lord
Harabul t ; btu. that is a very different thing from
divesting a corporate capacity.
Whether any visitor disposed to inquire into ori-
ginal eligibility, can be allowed to do so after such
a, length of time,. is a point on which it is not ne-
cessary for me to an opinion. That part of the
i derination, therefore, which has for its object the
removal of the Governors, must be dismissed.'
As to the revenues a the Ci:arity, the intortna.7 •
tion complains partly. of the' management of the
estates, and panty of the management of the in-
come. . With respect to the matiagement of the
estat s, is said that them, has been a deviation
fro'', the rules of the Founder, to the injury of the
Charity ; that the governors do not appoint from
among themselves a Surveyor of the esta.es that
the tenants are not made to covenant to do all re-
pairs; that the rents are not received at the School-
house, but that a receiver is p iid for i)lleeting. them,
and the information also complains of management
generally improper, independent of the rounder's
rules.
It is charged that, part of the School estate is let
'to Mr. Williams at an under value, and it is said
that other parts of the estates iird let below their es-
timated value.
, The Governors, in answer to this, say that the
deviations have nut been introduced in their time,
.and that the deviations are beneficial rather than .
juriotis to the School estates. As to the few acres
_2nd a barn let to Mr. Williams, they say they re-
served a full tent for the same, and an . higher rent
,than was offered by any other person.
On this branch of the case, I think the relators
are entitled to have inquiries directed to • ascertain
whether the estates are properly and advantageously
'managed, but this must be with a view to prospec-
tive regulations, if any such should be found to be
'necessary.
As to the lease to Mr. Williams, though nothing
wrong call in a moral point of view be imputable
to him, or the GO'7'ertrors, yet, according to the ge-
:per?! Tole v. hich this Court adopts, in order to guard
against possible frauds, lie could not become a lessee
Of which it is. the duty of the G...vernors to
:Ittt to the best advantage-. It lie. is in possession of
tli lands; he must deliver them up, and be charged
with the full value of them, if it shall appear the
rent he has paid falls short of the full value.
With regard to the application of the income, it
is
.a4Jeged that some of the purposes are neglected,
'to wilelithe income-ought to be applied ; and that
'pert is applied to purposes not within the scope of
'the Charity. The appropriation of the surplus in-
-come after . being applied to the Charity, is partly
to be according to the Founder's rules, and partly. io
be left to the discretion of 'the Governors, as it ap-
pears • hat the appkation of the income is not in
all respeas agreeable to the Founder's rules, I think
it should in future be ascertained by a scheme, hav-
ing due regard to the Founder's direttions, and the.
all'eraticin of citcurnstances since big time, which
may be such as to render a literal adherence to.his'
direst-1 ions adverse to the si irk, of them.
Ido not unclers and that the relators state any
'thing with a view to charge tl.e Governors personally
and retrospeCt4ely for any abuse of the funds. Jam
persuaded that they have administered the revenue
of the Charity to the best of their'
,judgment, and
that they have been actuated by no improper too
tives in what they have done or omitted to do.
There is one article of expenditure to which by
and by, I shall more particularly advert ; I mean that
which regards the -schoolmaster's house. It is in
some degree incidental to what is the more imtne-
ci;qo. object of the suit, namely the Constitution of
tie School.
the estimation of the relators the School no
longer answers the purposes of the foynclation, and
in that view the whole expenditure is misapplied.
Considering, say they, the very large proportion.
which the- pat Ish boys have
.to' the other schOlars,
•:'l6 income of the Founder •is rather for the
more commodious education of. the rich than
the ?r.ititit,nis education of the poor ; and it is con-
tended that some measure ought to
.be adopted by
tite Court for securing Le• the inhabitants of the

1-UN DU IN ; Printed br R CHA
At the .Stit49om

parish the, full benefit intended for them by the In.
stitution. tttust see in what sense it is true that
the inhabitants of the p<irish hake not: the full be-
nefit of the Institution, before we can judge whether
a remedy is practicable.
If is not alleged that _thk.re is not a-commodious
School, or that there are not competent teachers, or
that 3ny of the children of the palish ary-refused ad-
mitiance, and are not carefully taught, when ad-
mitted.

'.At first -sight it seems that the benefit of the In-
stitution' is within the reach of the irittabitants so far
as they choose to avail thenistlma;ot it, but it is said
there are so many foreigners, tiipt is, that so many
persons tiot entitled as parishioner, to be gratuitous-
ly educated, resort tw.this Satool, that the pa-
rishiotters are deterred from sending their children
there partly because of the ill ireatinent they receive,
and partly from the apnrehension of their acquiring
expensive habits, by: Orli a,sociating with persons
of a rank superior to their oiArn.

If this statement is-true, it difficult to conceive
what remedy the. Court can apply,. Tile only com-
plete one would be the exclusion of fotei;ners ; but
this would, be incompatible with the intention of
the Founder., Would it not go the extent ,:f saying,
that this School should be a parochiA School ; yet
the Founder has :declared that the master may re-
ceive over and abovethe youths on the foundation,
so many foreigners. as' may be well taught and the
place tuay contain.
• It is nbt attempted to be shown that this number
has been exceeded; but in the next place would the.
paiisti gain by the conversion of this distinghished
Sentinary of Learning into a
.paroollial Schuol., .1t
cannot be supposed that for the present salaty a man
of talent would supply the place of a master ; and to
give a large salary would be the lea,t 'likely mode
fur securing hisidtligence and attention in the sphere
to-which he would, be confined.

As to the limitation of the number of foreigners,
it certainly would not 'be produttive of any advan-
tage. Ido not know the numbers from which b.id
habits may be learned, or ill treatment may/ be suf.
tered, but is it true that-to the alkged causes the
paucity of the present scholars on the tound3tion is, to
be attributed ?

Why should Harrow School be distinguished from
other Schools in which the admission of foreigners
does not prevent the parishioners trom taking the
benefit of the foundation ? Upen the whole of tins
part of the' case it aepears to me, that taking the
e‘idence together, the alleged conspiracy against 'the
patish boys is not made out; the number of in-
stances of ill treatment proved is no greater than in
the course of the years:which hae ea'ssed might have
happened ficen accidental
_circumstances. White
the slatOnent of the circumstances in which there
was nb such treatment seems to negative the Uni-
fortin hostility alleged to prevail, several witnesses,
and among them parishioners say, that there are few
parish schOlars,- because there are. but few pa-
rishionerswho wish to give their children a classical
education.—Giving credit to them, the [rumba tnete
at any time would be small; I,shoula. therefore be
loth to-take any step that might impair the geuer.ll
utility of the School'or lower it to the foundation.
In some schoOls the master has an allowance per
••annum for every scholar taught on 0.16-foundation.
. To that 'mode I see no objection, but any restric-
tion as to the number, except that which the Founder
has prescribed, would not be efficacious ; and I can-
not consent to a reference to the master to flamed
scheme with a view to any such object. It is said,
that if the parishoners do not wish to send their
chtl-
dren to the School, or are prevented from doing so
by causes which this Court cannot coniroul, the
foundation ought not to be applied to expetices at-
-tending the School, but the parish ()tight to have the
benefit some other way. • The ,pariss•lotters, how-
ever,, must be content to take the benefit in the
way the Founder has thought fit to give it. Th&
School is not to be let down because within a given
period few or no parish scholars are sent to it.—
The Founder has
.determined that there shall be
a Grammar School for ever at 'Harrow, and
he - has provided funds for the. foundation. In
that Grammar School, parish children are to be
taught gratuitously, but the Founder also .meant to
encourage other scholars, and to impart every bene-
fit to them, except that of gratuitous teaching.—
The school must have been built of larger dimen-
sions, and at a greater expence, with a view to
their accommodation. The play-ground,must have
been adapted for the whole number. of scholars,
and not for the parishioners only ; the exhibitions-
are not to fail; beeause the/ parishioners are not
qualified to go to the University; others. are to have
the benefit of them..

I cannot admit that the propriety of the expendi-
ture is to be measured by the number of parish boys
to be. benefited,' provided it is an expenditure refer-
able to the purposes of . the School. This brings
me to' notice the expenditure in the repairs of the
master'x house. It is clear the. master is to be pro-
yided with an habitation arthe.expenceof.theirttst.
The Founder states his intention to build a neat and
convenient room for the master or usher. 'How
long it was kept up, or where it was built does not,
appear. He directs that the, court book sliall be kept
in a chest in the house kept
,for the schoolmaster.—
It appears that as for back as !b7O an allowance
was triad; to the master for the house. In 3671
there was some allowance to tit up his house for the
accommodation of himself and boarders, In 1072
a house belonging to the trust is given free trom
rent, and there are entries in the books of the items
of the sums expended in the rcpails of the master's
house.

When the present master was appointed, the
house being out of repair, the Governors agteed_lt,
give 1,2001. towards the'repairs, that sum was not
sufficient for those which were necessary, and the
master has laid out 50001. in enlargug and improv-
ing the house. •
It thus appears that,the Governors instead of in-
creasing the schoolmasters salary out .of the aug-
mented revenues of the Charity, have given lout in
another shape -a benefit, the amount of which I
think is not extravagant., In the case 1)1111:gby
School, which was before the. Lord ChaticAlor two
.years ago, the expenditure of the master .c as much

111) H It IS, of No. 4. Nlarticu.court. 130w-street;' ,:rd i'
ice, No, 112, Strand, wbere Advertisements, Orders for

. .
larger, and -the objetaions made on titesame grotulds
as those relied on in the present case were not allow-,
ed to prevail. 'Rugby School was founded in the lime
of Elizabeth, and was to be a free grammar school
for children at Rugby and Brieklow, and after
wards in process of time, it became, as it was sv.-ry
likely it should, similar to Harrow, egreat public
school, and the scholars out-numbered the founda-
tion in the proportion of ten to one. In the 17th of
his present •Majesty, au `Ad passed relative to the
estates which directed the Trustees to lay before the
Court of Chancery plans for the appropriation of the
surplus rents. Under the order of reference, a scheme
was laid before the Master 3f the Court. It was
proposed to add 21. for every boy, to make it 31. for
eery bey on the foundation, to add to the nu ',ber
91 exhibitions, to give several thousand pounds for
re-building the house for the accommodation of
hoarders, and 5001. for other buildings. The mister
reported that he approved of the said plan, except as
sueh parts.as related to the re-buildingahe -school-7
master's house, and erecting new offices and studies
on the increase of the number of the exhibitioners.
He stated that he did net approve of suish part of the
plan, for although he was of opinion it was necessrry
that a sufficient dwelling-house with oftices,• should
be eratted for the accommodation of the master and
boys, and that it was proper the number tit exhibi-
tioners-should be increased, provided they were elect-
ed from the scholars of the Charity, yet, having re-
gard to the size of the dwelling7house,
,to nom-
. ber and desuiption of the ushers, among whom were
French and drawing waste's, and also the number of
boys educated at the said school between 1800 and
1805 inclus.ive, not more than one-tourth belonged
to the said Charity, and that of the number'of exhi=
bilioners chosen during the same. time, one-third
Quiy were taken from boys belonging to the Charity,
it did appear to him that such dwelling-house and
offices were calculated fur the recrinii:n. of boys of
different descrtptions,. and educating them in a dit-
tetent manner from what was intended by the
Vounder or by the At of Parliament before men-
tioned, of the 17th of the King, and to the preju-
dice of the buys who were entitled to the ehariq,
nor did he apk.rove.of the plan, as there Wai no Con-
sideration of the altos-men or alms-houses, and the
petit tuners neglected to lay any other plan b.fore him
though requited so to do.

The Tr. ustees presented a petition to the Chancel-
lor, praying, that notwithstanding the report they
ought be 'at liberty to carry their plan into execu-
tion, and the Chancellor ordered that the petitioners
be at liberty to carry into effect the plan for the dis-
poition of the funds so carried in before the.master,
and for that purpose it waa ordered that the petition-
ers be at liberty to pay the master 21. per annum for
each boy, raise 1,4001. for the pUrposes of the plan,
.enlarge the number of the exhibitioners, and ad pur-
suant io the scheme of the Trustees. 1t is.thei Wore
übvit,us, that the Chancellor did' not conceive • an
expenditure to beimproper, which tended to the ge-
neral advantage of the School, merely beciukse it weir
not calculated for the direct and itntnediale advan-
tage of the boys on t he foundation.
Che only part of the information remaining to be
nutic~tt, is tipt which represents the course or edu-
cation and internal dist:ipline as nut entirely agree-
aule to the rules laid down by the Founder.. But
the Governors are expressly am' .trr.se_d to alter those
rules, and such alterations as have been long k.nown
and acquiesced in will be presuMed to have been
made by the'auttiority of the Founder, though the
precise order whether this or that book is to be read
in a particular form, ur the boys go to school at a
particular tune is to be left to the Governors to de-
termine.' If there is any material alteration from
the foundation, the visitor may be called upon to re-
pair it. •

Such being the opinion I entettain, it- will only
l'Utuaiu to frame a decree in conformity to it.—The
details of this may be the subject of subsequent con-
sideration. ,

EDWIN AND-EMMA.—It will confer an additional
interest on the pleasingly pathetic Poem of "Edwin
and Emma," to know that tI4 incidents 'happened
precisely as MALLET has described them, and that,
he altered only the names of the unfortunate couple.
This appears 'by doettenents annexed to a publica-
tion of some remaining
.copies of BASKERVILLE'S
edition of the Poem, il'eustrated by six views on
Sianemore, where the lovers lived and died, and of
the commemorating tornb-storie over their mutual
grave, drawn and etched by the tasteful hand of
Mr. G. ARNALD. The doeumentsare a letter from
the then Curate of Bowes, where the lovers were
buried, and his register of the..facts. To these Mr.
ARNALD has added the tolloWing statement :
" The wife, of the present parish clerk knew the
sister of :MARTHA RAILTON (Emma) well, ands.has
often heard her mention thern..7-,The spot where
they lived is well known ; but no vestige of their
habitation remains. On the. site of .WRtoirrsON's
(Edwin'9 hope now stands the residence of one
of the schoolmasters.. It is retnarliat?le -that both
families have left neighbourhood ; not the most
dist.ant relative of either now remaining there. On
the grave of the lovers is la'd a square stone, Which
had been the base of a small cross, formerly stand-
ing its the chureh7yard, and le!noveil to where it
now lies by the people of the place, in gommernora-
tion of their untimely
.fate.. The- rudeness aitil frailty
of this memorial has been amply c pinpenated by
the poet, who has' rearecithem a monument more
durable than bras, and whith ‘siil•perish ooly with
the-English language.",

The following etcusion, on hearing that Lord
Nelson's monument, at GhsgoA.., lately, shattered
by lightnitig, was about to b.o ropiiired, and apoetital
•
inscription put upon n, /5 by the 11ev. J. GRAHAME,
author of " The Sabbath,' •
Withhold, Width°ld the'sacrilegitius hand! •
'lmo luny nun ;tit. a asin sofa' !
Nor let those hoes, kvhio.l-lepten's, own Are.hath trac'd,
• By mortal ni4,ituer., ever be elbc'd.
•Viaat.i.z‘ Id so 1;:,, l me, of turn howho fell
Where HI, peaPd his parting •knell„
As Nair twe, trenched try torky lcireo.l
As ,fiar,;..ter c artiv'l uy h is from heaven I
11,1 . Leave urea the waivittl'd plan;
'I •;:,! or,ountel,i2an embletO of the man.

111..1-+P4 A i<;',"!,11; S PI'S, tiouth Molton street, Gr)-venor rquare
, Letto's for the Editor &c; ispost-paid), m.tast addrcssM.