The Express.
London, England, 1861-07-08 00:00:00

JUDICIAL COMMITTEE OF THE PRIVY

COUNCIL.

Present :—His Grecs the Archbishop of York, Lord Justice
Knight &nos, Lord Justice Turner, snd Sir John
Cohnidge.

THE REY. MR. BON WELL'S CASE.
110111 WILL (CLEM) v. THE BISHOP or LONDON.

This smith* appeal of the Rev. James Bonwell, clerk, per.
pebaal citrate al the church and perpetual curacy of Be
Philip, Stepney, in the county of Middlesex, diocese of Lon.
don, and province of Canterbury, against the Lord Bishop
of London, from a judgment pronounced in the Archers
Court of Canterbury.
The Rev. Hr. Bonwell conducted his case in person.
Dr. Harding, the Queen's Advocate, appeared for the
Bishop of Leaden.
Thin was originally a suit in the Arches Court of Canter.
bury, promoted in virtue of letters of request from the
Lad Bishop of London, by the s►id lord bishop, the re.
spondent, against the Rev. James Bonwell, clerk, the zp.
pellant, perpetual curate of the church and perpetual muse,
of et. Philip, Stepney, In theootinty of Middlesex, diocese of
Leaden, sad province of Canterbury, for his soul's health,
and the lawful correction and reformation of his manners
and excesses, and more especially for having admitted, or
caused or permitted to be received, into a room in the house
Washed to the school of St. Philip, Stepney, and therein
harboured a certain unmarried female of the name of Eliza-
beth Toroth, then far advanced in pregnancy, and in which
roam the said Elizabeth Yorath was delivered of an
illegitimate child, thereby causing great scandal to the church ;
also in respect of his conduct in relation to the said Eliza-
beth Torah at the time of and subsequently to her
delivery of the aforesaid illegitimate child, and in relation
to the burial of the said child; and also in respect of his
having so conducted himself, as to cause it to be commonly
believed and reputed that he was the father of the said
child, and of his having committed adultery with the said
Elisabeth Toroth, and of his being the father of the child
I of width the amid Elizabeth Yorath was delivered as afore.
said.

On the Mt eemplaint being made to the Bishop of Lon-
don a dated Nov. 5, was issued pursuant to the
set far tie leper mdereing church discipline OW and 4th
Via olM). Ifbeeentmleeleenre at on the 15th and letb of that
g soilmid hiving beset heard on behalf of the promo-
ter 4011enweB, they reported there were prima facie
ponds gar hailer preesedingt No further mope were
lakes *Owl Mr. Boswell until May, 1860. when letters
of request were presented. to the Dean of the Archaic and
Ai citation Weed. In June articles were admitted, and Mr.
Bcowelfs prayer for permission to appeal having been
refund, he put in a negative issue, and in the
following month witnesses were examined in open court
vivlL Tem. On the 29th of August the judge pronounced •
definitive sentence depriving the appellant of his benefioe,
and condemning him in costs.
Mr. Boswell now appeared to prosecute his appeal, and,
having gone through the evidence as adduced in the court
below at considerable length, said he had to maintain that
the commissionen should have only taken cognisance of what
had taken place within the diocese of London, and that
they shonM not have entered into such matters not en
within it, and therefore no articles could be founded
on that evidence and he could not be punished.
Lord Justice Knight Bruce—We have here the fad. which
occurred in Monmouthshire. You contend that 'be corn-
noleidonwe mold not take evidence in any matter which did
not caner within the diocese of London.

Mr. Boswell—l do, lord.
Lord Justice Knight Have you anything further
to say 4311 this point?
Mr. Bon well—Nothing.
Lewd Justice Knight Bruce The question is that
sa ()Beam was committed, and a scandal caused
is the dicers at London. Of that evidence wan
&ea and rewired, to be used with reference to facto
which occurred is smother diocese, but having bearing on
the ohms* as it related to the diocese of London. Their
lordships awe of opinion that evidence tendered for such a
isuLa!Horwer tgelnlyaddre:lltheir lordships on the evi•
dence,_praying them to reverse the decree of the court below.
[The awe was proceeding when we went to press.]

COURT OF COMMON PLEAS.
Sittiap at Nisi Pnus m London—(Before Lord Chief
Justice Erie aad a Special Jury.)