The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-12 00:00:00

SllL HIND c. TIMM

Mr. SCARLETT on a former day obtained a rule calling upan
Mr. Fisher to show cause why an information in the nature of a
pm warrant° should not issue against him, commanding him to
state by what authority lie held the office of town clerk of the Bo-
rough of Doncaster, in the county of York.
MT. ATTORNEY-GENERAL now showed cause against this
rule ; he stated that the first objection against Mr. Fisher's
filling the office was, that he had not within twelve months pre-
vious to his election to the office, taken the holy Sacrament, ac-
cording to the rites and ceremonies of the Church of Englaud—
that he did not regularly attend divine service in the parish church—
that his children were not baptised there, but that he was to all
intents and purposes a dissenter from the Established Church of
England. The Attorney-General said, that he held in his hand
affidavits which proved that all that had been represented against Mr.
Fisher was totally false. Mr. F. had purchased a pew in the parish
church, and he himself swore positively that he sways attended
divine service there regularly once orr a Sunday, and very fre-
quently twice ; that he regularly took the Sacrament three times
ih the year—on the fast of Good Friday, and on the festivals of
Easter and Christmas, and that he did at these times immediately
preceding his election to the office.
The LORD CHIEF J VSTICE asked, if these affidavits had been
read by the opposite Counsel ?
Mr. SCARLETT said that he had read them, and that it was very
evident that gloss perjury must have been committed on the one
side or on the other.
Mr. ATTORNEY-GENERAL did not think that such a conclu-
sion was necessary to be drawn, for the clergyman. and those who
swore in support of the rule, merely swore to recollection and be.
lief ; but Mr. Fisher and his witnesses swore in positive terms.
All the facts sworn to were positively denied, and the rule must
therefore be discharged, with costs.
Mr. BROUGHAM followed on the same side. He said, that
after what had been urged by the Learned Attorney-General,
he world merely impress upon their hardships the necessity of
allowing costs in this case. The present application was no.
thing but a trick to endeavour to defeat the ends of justice. Their
Lordships would recollect that he (Mr. Brougham) had obtained,
I on a farmer day, a rule for a criminal information against Mr.
I Lockwood, the Mayor of Doncaster, for certain conduct on his
part, arising out of the present election ; and the parties thought
that when that rule was called on, it might be some answer for the
conduct of the parties to say, that a quo warrawio was pending as
to the right of Mr. Fisher to hold this office ; but he thought their
Lordships would now see who was the true soldier. He would take
this opportunity of just reminding the werthy Vicar of the parish,
and his worthy Curate, that they had rather ex:wiled the line of
their duty when they stepped forward, and either for Corporation
or party purposes, took upon themselves to swear, that, to the best
of theit •• recollection and belief, Mr. Fisher had not taken the
Sacrament within the time prescribed." No man had any business
to volunteer his services as a witness, except in cases where his
knowledge and recollection were clear upon the subject. The
vague manner in which this charge ,of not receiving the Sacrament
was made, might be done with the mme effect against any man ; it
might even be made against his Learned Friend Mr. Scarlett, for
he, residing in the large parish of St. George, Hanover-square,
where there were at a Sacrament four or five hundred communi-
cant/I, persons might be Immo to swear, that to the best of their re.
collection and belief, Mr. Starlets bad not attended and taken the
Holy Sacrament.
Mr. SCARLETT contended, that, notwithstanding all that had
been advanced against this rule, their Lordships would still
make it absolute. How had Mr. Fisher answered' that part or the
case, which applied to the baptism of the children ? It stood posi.
tively sworn, that although Mr. V. was born in Doncaster, yet no
registry of-his baptism could be found, and that although he had
three children, all born within the town, yet no entry of any re-
gistry of baptism was to be found for either of them. In OTI:21' to
get over this, Mr. Fisher was silent in the affidavit he had made,
but he had annexed to that affidavit a certificate (not swum to) of a
curate of the parish, certifying, that he baptized a child of Mr.
Fisher's, at his own house, in the year 11119; but even if true,
what did ;hat amount to?--why, merely that upon some young
child being taken suadenlv ill, in order to satisfy the mother, the
clergyman had been rent for to half baptize it. The learned
Counsel contended, that the Court ought not to try this question
upon uffidavit, but that it should be sent to a Jury, where the par.
ties might have an opportunityy of cross. examining the deponents,
which opportunity would be agfßtid by the Court graatiog the gas
rronto.
Mr. D. F. JONES followed in support of the rule. He reiterated
the arguments adduced by Mr. Scarlett, and relied strongly upon
the affidavits of the Curate and the Vicar, that if the defendant had
taken the Sacrament the eircamstance would have been impressed
on their minds. Another cireuntstance very strong in support of
the rule was this: Mr. Fisher has not answered that part of the
charge which imputed to hint that he was not baptised, and it
would be recollected that by the rubric of the Cburch, no person
was eligible to take the Sacrament that had nut been previously
confirmed, and no peraun could be confirmed that had not been
baptized.
rite Loin Cuter JUSTICE said, that before the Court gave
any judgment in this case, it would hear the argument in " The
King v. Lockwood," which was the application for a criminal in-
formation.

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