The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-06-26 00:00:00

The Vicar Committed for Trial
for Libel.

At the Cerne Police Court on Wednesday last con-
siderable interest was manifested in a case, the parties
to winch were both clergymen f the Retablished
Church. The Rev. William James Vernon, 8.A.,
vicar of Sydling St. Nichdm, and late curate of St.
Thomas's Portsmouth, was the defendant, and the
Rev. George Whitehead, clerk in holy orders, and
formerly curate in charge of Spliing, aml now curate
in charge of Atherington, North Devon, WWI the pro.
mentor. There was a large attendance of the public,
and the hearing occupied nearly four hours.
The summons alleged :
"Thet in the month of May and July, 1876, and at divers
other times, at the parish of Sydliug St. Nicholas, in the
county aforesaid, you unlawfully dhl write and publish, or
cwt.. awl procure toe written and published, oert false
scandalous, and defamatory 'Owls of and concerning the
said George Whitehead, you, the said William Janus'
Vernon, then well knowing the said hhels to he false."
The magistrates present were Mr. J. H. Bridge and
Captain Carr Glyn.
Mr. Howard, of Weymouth, wee for the Nelsen.
ti in; Mr. Robens, of Shaftesbury, represented the
defendant.
Mr. Howard opened the case in strongly in-
dignaut terms. Previous to placing the facts before
them he said he must trespase somewhat upon their
time in laying before them his view of the law in the
matter. Vlien a man libelled another the injured
;arty had two remedies. He could either bring 1111
action for damages, or he could iudicte the party 110
offending, and have him criminally tried. In this,
which was the most outrageous ease he hail heard for '
many a day, the prosecutor had decided upon the
latter course. Having pointed out the instances
where it was not necessary for xpecial damages to be
alleged for this course to be adopted, the learned
advocate continued, it would be for him to bring
forward sufficient evidence to show the defendant
should be committed to take his trial elsewhere. That,
he contended, the defendant fully deserved, for, with-
out going into the regions of poetry, he asserted that
to hie mind a man who would take away another's
character was far worm than he who would steal his
purse. It appeared the prosecutor WNW appointed
curate-in-charge at Syilling for some time, and whilst
he was there the clergyman died, and several of the
parishioners were very anxious that Mr. Whitehead
should be Ids successor. The gift warn in the hands of
Winchester College, and the defendant was appointed,
and the consequence was Mr. Whitehead left. That,
he believed wee in t e summer of 1874 or 1575. Mr.
Whitehead, with very good taste; excepting upon one
,iccasion, when he was asked to accepts teetimonial of
is purse of sovereigne, ilid not at all go to or interfere
with matters in the parish of Sydling. lie stayed
here (in Cerise) for some months, until he removed
down to his present curacy in the north of Devon.
For many years past Mr. Whitehead had been no
stranger to the neightiourlmod. Some years ago he
was stationed at Portland, where he (Sir. Howard)
hail the honour of knowing him, and he knew that
there a testimonial was given him of nomething like
100 mivereigne. When he had been in Devon motile
little time he received information from a particular
friend that certain pamphlet were being circulated
about him. Now these pamphlet., he (ND. Howard)

principal. His teedmonials were of the highest
character. He had only to direct their attention to
Sherborne, from whence he received one, written by a
gentleman whom they all knew and respected—Mr.
Lyon, and in the face of that the defendant had
thought 6t to vilify his character. A man who wee
thus libelled might seek for damages ; but the
prosecutor had no wish to put money in his pocket,
No one regretted more than Mr. Whitehead that one
of his own order should have compelled him to take
three stern. The Bench had now only to do their
duty as he (Mr. Howard) had done his, faithfully and
firmly, awl, lithe man had brought himself within
the pale of the law, then to commit him to take his
trial- elsewhere. He then called;
Mr. Thomas Hussey, of the Manor Farm, llcheeter, wag
then called, lie said In May 147 H, be WWI at Hydline, and
when there, he walked in defendant's garden, who pointail
out t him the words grown in mustard and creme " Whiter
head In a scamp." lie asked the witness If be did not
think it was very nicely done, and said he had done it
himself.

th i!aptain Glyn : Was the word scamp in the mustard or
e eress
Mr. Howard: In mustard I should imagine, it is a very
hot expression. (Laughter.)
Is I soceinber lut he again went to the defendant's house
and asked him If he had a "hook" to spare. Ile had heard
of this pamphlet, and defendant gave him two, as he said
kw wanted them circulated, and he had a lot more
publishing.
Crossexamined : His cousins. the Messrs. Sevin, did
did not tell him to go and fetch one of the pamphlets
Mrs. Elisebeth Fry, a widow, of Sydling, where she had
lived for many year. produced a" book" which the deice.
dent abusere her, and said she had read it. well as she
could
She hut never bud any quarrel with Mr. Vernon, but
she had heard the people speak of the hook, and she went
and naked him for one to send to her daughter, and be
kindly gave it to her.
Mrs. Mary Fry, wife of Thomas Fry, also produoed a
pamphlet the defendant had given tier.
Mr. Thomas Chinning, of the saine place, a guardian and
treasurer to the Spiting Reboil Conmilttee, produced the
book to which Mr. Howard alluded in his opening spited),
contiining the alterations made by the defendant. He
said it wasa book open to the inspection of any subscrilswe
to the schools, and also to the diocesan inspector when he
came. The inserted W.MIN complained of were in the
bend writing of Mr. Vernon, ho would swear. They were
inserted whilst in the defendant's possession. Witness
knew the Rev. U. Whitehead when staying at Spiting.
and he was very much beloved bv the parishioners. When
he left a purse of sovereigns, was given him.
A round robin was in ere, -examination bended to the
witness by Mr. Robens, and he said he signed it as a
memorial to the college. It was an follows
:
To the Warden+ and Fellows of Ifinehaster Cnitele.
" Gentlentea,—We, the undersigned principal rate-
payers of the parish of Spiting Ht. Nicholas, respectfully
avail ourselves of this mode of putting before you our
feelings In reference to the appointment of the Rey. W.
J. Vernon to the incumbency of this parish. We solemnly
assure you that there exist, a unanimous feeling of oppwl-
tion on the part of the parishioners to such an appoint-
ment, which if persisted in will inevitably lead to the
most unhappy results, not only to the interests of the
Church herr, lot also to the gentlensan himself. We
desire not to give offence by entering into particulars,
but earnestly beg that your twdy may be pleased to
respect our feeling, and wishes In the matter, and to
take such steps as may avert consequences which we
would all deplore."
We desire not to give offence by entering into partieu
tars, what do you mean by that—Because we wanted •
thorough good working man there.
How did you know Mr. Vernon was not 1-114 cause he
had been three or four days in the perish and had not
called upon anyone, not even the churchwardens.
Will you swear he bad been in the parish three or four
days at the time I—No, I won't,
Re-examined : It was a fact he had been in the parish
several days.
W. he smoking when he ought to have been visiting I
—I can'tblay that.
The Chairman remarked that it seemed to lie • most
inadequate reason for the getting up of a petition of
opposition.
Mr. Rohens : Mr. Vernon was living with • gentleman
in the neighbourhood, and he had not been near the
Mr. Howard : lie was living close to the place, and had
been staying there for days and called upon no one.
Mr. Ruben,: He wax not inducted till January.
Mr. Howard : Then he very soon got libelling.
Mr. Hobenx : And so did the parishioners, It appears.
The Rev. ticorgu, Whitehead, the cotnplainant, was then
called. lie said I am at present curate In charge at
Hetherington, North Devon, and I have been a clergy.
man of the Church of England for sixteen year. I
produce my letters and orders—priut hy the Bishop of
Lichfield, deacon by the Bishop of Worcester. My first
curacy was at Christchurch, Stafford, having lived in the
neighbourhood two years previoualr u lecturer for the
Protestant Reformation Society. Ibis was in the latter
Fin of IWO, and I stayed there fifteen months. The
Vicar was the Rev. Thomas Harrison, and in my leaving
he save mo a testimonial. [lt was read, and amid his
preaching had been in accordance with the articles and
doctrines of the Church of England, and his unduct as a
clergyman, blameless) It was countersigned by the
Bishop of Lichfield. Iron, there I went to St. blathiag's
Birmingham.
The Chairman asked lilt were necessary to have al
thiu. nous.
evidence.
. . . . . . .