The Sun.
London, England, 1852-06-24 00:00:00

BIRTHS IN THE WEEK.

Males ••• ••• ••• ••• ••• 774
Females w ••• ••• 812

Total .•• .11 ••• 1100 ...1,586
*ln this number are included 41 by Scarltalia% 23
by Typhus Fever, 19 by Diarrhoea, and 2 by Cholera.

THR ROCHESTER CATHEDRAL TRUSTS.
THE REV. R WHISTON V. THE DEAN AND CHAPTER OF
ROCHESTER.
The hearing of the appeal in the above case was re-
sumed yesterday morning, in the Arches' Court, Doc-
tors'. Commons.
The Bishop of Colchester, Mr. Baron Parke, and De.'
Lushington having taken their seats,
Mr. COWLING resumed his argument, which was partly
gone through on Friday last, in support of the decision
of the dean and chapter of Rochester; and after going
through the charges made by Mr. Whiston in detail,
said that in looking at the interests of all in this case, he
had come to the conviction that the dean and chapter
had acted properly in dismissing Mr. Whiston, however
painful it might have been to do so; that they had no
alternative, and that they would have shrunk from their
duty if they had not done so. Therefore, he must with
confidence submit that the judgment of the dean and
chapter of Rochester must be affirmed. '
Mr. Whiston then rose to reply, and said that they
had now heard the defence of the dean and chapter—a.
defence not got up on any emergency, but prepared after
a length of time with great accuracy, and elaborated in
the Court with practised advocacy, and they bad come at
last to the merits of the case, which they had never done
before. Notwithstanding all that careful preparation,
they had not denied—they had not contradicted—they
had not gainsaid or attempted to gainsay one sub-
stantial fact that be had put forth in his pamphlet.
The Learned Gentleman who had just sat down had in-
dulged in a tirade of personalities and vituperation; but
he thought it would have been more dignified on his part
to have disproved those facts than to have taken so
limited and partial a view of the case. Of the individual
charges he bad made, affecting, on their proof, his
honour, his character, and his credit as a man, he hsd
reason to congratulate himself and his friends that the
result of the investigation, conducted through a court
which he had all along deprecated, and while other
tribunals were open to the dean and chapter, that
,he should pass through an ordeal of fire un-
injured in character, and unsullied in reputation, and
through all the smoke which had been raised, which he
trusted that he should soon be able to dispel. Ho then
ook a survey of all the facts connected with himself and
thealean and chapter previous to and subsequent to his
second dismissal, and he refused to go before those who
were to be judges as well as accusers, who had refused
to supply him with evidence in their possession, and es-
pecially as ho was required to appear alone before them,
and thus be entirely at their mercy for what might take
place. He would read to their Lordships the proceed-
ings, and opinion given by Bishop Parker, who was the
visitor to Rochester School in 1560, and after investi-
gating all the facts, he gave it as his opinion that mo-
rality and decency did not flourish amongst the dean
and chapter of Rochester. Had he been scurrilously
disposed; should he not leave put that fact forward in his
pamphlet? The dean and chapter were the patrons of
the Leper Hospital at Chatham, from which the present
dean had drawn no less a sun/ than 5,6721. from its
,funds. Mr. Ersell knew that do money bad been re-
ceived, and with the full knowledge of all that, bow
could he be charged with male fides? A 3 to the sup-
pressions of the three minor canons, it was distinctly
stated in the deed of foundation. that there should be
foe ever. six minor canons, and by the statute " Da Visi-
Winne" dt was stipulated that' they, should receive the
munificent sum of 301. per annum. Now, it was found
that 301. per annum would not keep .the •minor canon,
and, to make up, livings were given to them. On the
vacancies occasioned by the suppression of these three
minor canons not being filled up, those livings were
given to the friends and relations of the dean and chap-
ter, and tha; was the true story and history of the sup-
pression of these minor canons. Tneir Lordships
would remember that a solemn decree and order was
made by the chapter of Rochester in 1835, for suppres-
'sing these minor canons. Now, he held in his hand a
memorial addressed to the Ecclesiastical Commissioners
nine months afterwards, to which was attached the name
of the Rev. James Griffith, AD., one of tho present
members of the chapter, objecting to the suppression of
the great canonries, in which it seal contended that such
a system was " wrong in principle, and involved the
subversion of ancient foundations;" that, in fact, it was
wrong to do what they had themselves done only nine
months before. It went on to 6v farther, that it was a
" violation of the statutes, and also as regarded the oaths
which were taken as well by visitors as by other mem-
bers of cathedrals." At that time they had been vio-
lating these principles, and bad suppressed three minor
canons only six or nine months before. Mr. Whiston
then went into a variety of details to show that small
sums had been paid to persons for services and small
pensions, leaving a large balance unappropriated.
.Dr. LIISHINGTON wish©d to know if the Crown neg-
lected to appoint to the vacancies, was there any other
way under the statutes to apply the amount?
Mr. Whiston said if the canons took no care to inform
the Crown of the vacancies, the dean and chapter were
morally, if not legally, responsible for such sums not
having been appropriated. Their Lordships had been
called upon by Dr. Addams, not to restore him to his
office, for if they should reverse what had been done by
the dean and chapter they would expose them to ob-
loquy. Ho submitted that their Lordships were not
there to consider the feelings of the dean and chapter,
but sat to administer justice, and would disregard any
ad misericordiam appeal that might be made to them.
Vice-Chancellor Knight Bruce had said that if the go-
vernors of the school did not wish to Continue with the
master they had a certain alternative, but when he men-
tioned the fact that their relatives and friends had re-
ceived no less a sum than 215 0004 out .of the revenues
the Church of Rochester, he did not think they would
csnsider it so disagreeable as to adept that alternative.
Irrespective of the rent charge, the boys were to be
maintained out:of the cathedral revenues, and this pros
vision was much aggravated by the fact that the dean and
chapter had, from time to time, professed so much reve-
rence for the intentions of the founder. He had been
charged with asserting that the dean and canons divided the
payments assigned to the suppressed offices, and he was
prepared with proof of that assertion. He would now
address himself to the question of having written a ma-
licious libel. Mr. Whiston then cited several high legal
authorities to show that if a man, bona fide made a state-
ment which might not be true in all its parts, but was
made under an impression of its truth, and for the public
benefit, that that could never be considered a malicious
libel. If his pamphlet were false, why had ' they not
filed a criminal information against him? Why, for the
reason that they felt convinced that a jars would have
returned a verdict in his favour. Mr. Whiston having
read a lengthened extract from his pamphlet, to show
that be had endeavoured by all peaceable and gentle
means to obtain justice from the Bishop of Rochester and
the detufeand chapter, spoke as follows:—Such was
the spirit, such the language in which, on Dec. 14, 1848, I.
addressed your Lordship, neither one nor the other be-
speaking the falsehood, the malice, or even the wanton-
ness of a libeller. If, then, in June, 1852, there is to be
any favour—if you are not to plant your judgment on
even ground—if there is to be any deflection from a
scrupulous and nicely-poised impartiality, I submit most
confidently that an appeal conceived in such a spirit, and
couched iu suoh terms, and notwithstanding unsuccess-
ful—claims from the tribunal more than others the most
indulgent, nay, the most favourable construction of all
my subsequent words and actions. If I deserved to be
dismissed, this court is the last in England which should
pronounce the judgment, for if the visitorial authority
had been exercised as the founder intended, the publica-
tion for which I have been so vindictively dismissed
would never have taken place: But besides this, your
Lordships sit here with no original or general authority,
but simply as representatives of the founder. As Black-
stone says:—" The visitor is to be guided by the inten-
tions of the founder, so far as they can bo collected
from the statutes, or the design of the institution." So
says the Bishop of Lincoln—"ln exercising my.visito-
rite,. authority lam bound to confine myself within the POLICE INTEtLIGENCE.
limits proscribed by the founder for its exorcise, as well as MANSION-HOUSE.
constantly to keep in view the purposes for which he• ohn Wilson,
Mary` Ann Stagg, about 18 years old, J .
con-(erred it—that of carrying into execution hii intentions as aged 23, and Charles Starhes,.aged g w brought
exhibited in the statutes which he gave for the yon
before Sir P. Laurie, charged upon ethsPiet
l' 'a:Cif having
heb.natko ut omb teau
pans
ei ttceao.
adt
titi
eolhyune
mint of his college. So, too, my Lords, are
by
roli re- robbed a farmer at Aleborough fair?:
stricted .by the same limitations and boundamount of 500/ ~ four sovereigns,
cow wracommitted
bcbheerclynlexAsste.
crttriilban•eihoidel
obligations; and therefore I maintain that you samehaye moment after the prisoners.
neither legal nor moral right—you have no rightate police,i4e9rpw rioc
ph
cc,
roatmynddes ".;
upon enspicion of having
—tot
pronounce any decision exce twhat
p you believe by to rah
the founders would pronounce if they could rise from
senora
laoPhanwsiwther thsetatpuoilgictehast
their graves, walk into the court, and sit as judges indetaifllt iw•nicch.usatrordiyve,d
stolen, and requesting th t a the pri-
this' case. And can any one—unless he bo an incarna-and by
lion of the most unnatural • i by him had been
acepthc she— embt what their the chief' constable ofLondon.
intentions were, and what their judgment would be, Mr. John Dunne, chief constable, of in
the police of the
nay, would have been months and years ago, and with- cityof wiob said—l officially •
ht be
Ihdh received information
out he • aring a tithe of what I have detailed proved? of a robbery which a een conanaitted at Aldb
Why, 'my Lords, what are the facts of the cane? I fair, ne Monday night, unnn
ry G °rough
eorge Goocb, a
What were the purposes and the objects which the foun- -farmer mid dealer in L
parish
ders had in view and at heart? Were they to roultip y county of Norfolk. Yesterday of Marshall], in the
Mr. Gooch reported to
dignitaries, to aggrandise deans, or enrichprependaries e that as he was
resuming home,
by munificent endowments from the constantly increase on *°,ad.aY, 140 t, he was
accostedi e, at about 12 p oe.k
revmea, cit which they alouQ should rousive 00111- souer las 'goer; a•- • by the female pri-
e .VA4ge 9f AidbOX9Wihp ANS

she assert her majesty and hold her own, whoever may
usurp her rights and ignore her supremacy. If I have-
done this imprudently—if With any impropriety or for-
getfulness of my position, call not this en aggravated
sin, visit not such a fault with anything like cruelty,
approach it not with anything akin to partiality or via-
dictiveness-r-leave all that to others. Do you rather, far
rather, regard it with favour, be it only for the geod•
which it has done, -even if you cannot reward it with
admiration for the feelings from which it has sprung;
nay,, my Lords, if you cannot, if you will not follow
your own better feelings, and bestow even a reluctant and
taint• hued commendation where others have instinctively
proffered the mead of unqualified praise, deny me not
that consolation which honesty of purpose claims and has
its claims allowed; withhold not that indulgence which
is everywhere else • shown to those who plead and
prove continued provocation in others and the absences
of 'all malice in themselves. Refuse me not, if you
have any regard for the credit of our national justice;
refuse mo not, I say, that equity which is granted to the
meanest criminal who elects "to be tried by Gcd and-
his country;" remembering, in the words of a groat
writer, "As the man who attacks a flourishing estab-
lishment writes with a halter round his neck, few will
be found to attempt alterations but men of Inure spirit
than prudence, of more sincerity than caution, of warm,
eager, impetuous temper; sot that if we adrieseretoetwpaeitrt,toerf
improvement till the cool, the calm,the
mankind begin, till church governors solicit, or Minis-
ters of State propose it, I will venture to pronounce,
that without His interposition with whoni nothing is
impossible, we may remain as we are till the renovation
of all things." My Lords, have done. May your
judgment be such as the universal acclaim of England
will at once ratify, and that "still small voice" which
whispers in the unseen tribunal of your own hearts will
never condemn; and I have no fear or misgiving as to
what that judgment will be.
The Bishop of Re.czrEsTßa;—We will consider what
judgment we will give.