The Sun.
London, England, 1852-06-19 00:00:00

MR. WHISTON'S CASE.

THE DEAN AND CHAPTER OF ROCHESTER V. THE REV.
MR. WHISTON.
This case, the arguments in which were postponed
some days ago, came on yesterday morning, before the
Lord Bishop of Rochester, Mr. Baron Parke, and Dr.
Lushington. The argument in the case was re-
sumed by
Dr. ADDAMS (with whom was Mr. Cowling) who said
that he had the honour to address them on behalf of the
Dean and Chapter of Rochester, and he hoped, not-
withstanding the able defence of Mr. Whiston, it would
not be necessary for him to tietain them at any consi-
derable length. Mr. Whiston was served with a notice
to show cause why he should not bo removed from the
Cathedral Grammar Sohool, and he appeared to that
citation, and put in a protest. He wes served with
a citation. on the 7th ef..Seetember, and on the 6th of
-oe-tObei he put in a protest. He was informed that the
protest had been over-ruled, and notwithstanding that,
he had put in a farther protest, making, on the whole,
ninety-three articles. These protests were oven ruled,
and then Mr. Whiston appeals, not with reference to the
protests, but on the merits. Ho did not object to that,
although it was not altogether a regular proceeding, for
he was sure the Court would look into the merits of the
case. There were two reasons put up against the deci-
sion of the Dean and Chapter. The first was, that no
reason had been given why he should be removed, and
the second was, that the Dean and Chapter had been
thejudges in their own cause. He could not see how Mr.
Whiston could make out that the Dean and Chapter
were judges in their own cause, and all that he made
out in support of that argument was that they were the
plaintiffs.
Mr. Baron PARICE.—That point was settled by the
Court of Queen's Bench, and you need not trouble your-
self farther on the point.
Dr. ADDAMS said the second edition of the pamphlet
contained new matter more libellous, if possible, than the
first edition. The remedy pf the defendant was in the
Court of Queen's Bench, and that Court had held in se-
veral cases that a person guilty of libel, as Mr. Whiston
was, could be removed. The Learned Gentleman then,
at great leogtb, proceeded to cite a great number of
cases, and to comment upon the facts of the case, which
must bo familiar to our readers.

Mr. COWLING followed on the same side, insisting
that the statutes sufficiently authorised the course pur-
sued by the dean and chapter, they having the power of
inflicting the punishment they had done, proceeded
to stow upon the statute of Elia .heth and the Chester
ewe tit the eirence of gravins delictum had been estab-
li3hed by the publication of the pamphlet, and which,
upon the judgment of the Court of Queen's Bench, gave
the dean and chapter the power of adjudication,
by acting to the extent of removal, and that re-
duced the whole question as to whether the pub-
lication was libellous, and of which the Learned Counsel
contended there could be no question ; the charges being
that of the suppression of offices for objects of malver-
sation, and held up to public odium, the charge being,
in fact, that they had embezzled the property of the
community itself ; the libel failing, a more grievous case
could not exist than that put forth by Mr. Whiston.
Although the address of Mr. Whiston had occupied
seventeen hours in delivery, in his address he had en-
tirely failed in proving a single case of malversation by
the dean and chapter. The Learned Counsel, at half-
past four, having closed the first portion of his argu-
ment, was stopped by
Mr. Baron PARKE, who said the Learned Counsel
had not better open any new point of argumeat then, as
the Court would, from the lateness of the hour, adjourn
until Wednesday next.

The further hearing was accordingly adjourned till
Wednesday next.

CENTRAL CRIMINA.CCOURT.
OLD COURT.
(Before Mr. Baron ALDERSON.)
George Augustus Davis, a person of gentlemanly ap.
paean, ce surrendered yesterday to take his trial upon a
charge of wilful and corrupt perjury,
Sergeant WILKINS, who with Mr. Bodkin and Mr.
Ballantine was instructed to conduct the prosecution,
said that he and his Learned Friends having carefully
considered all the evidence for the prosecution, had come
to the conclusion that it would not be advisable to offer
any evidence in support of the charge against the gen.
tleman who had just surrendered to tak:ad n
hisn ttrinarl:
was
appeared that there had been a long course of litigation
between the defendant and the prosecutor,
reason to believe that the statements complained of had
been hastily made without any improper motive, and
that the charge of perjury, therefore, could not be sus-
tained. The object of the prosecutor was to relieve his
character from th imputations that were cast upon him
by the stateme then question; and as those imputations
had been entirely withdrawn by the defendant, he
thought the proper course to be taken was not to offer
any evidence on behalf of the prosecution. Mr. CLARKSON, who with Mr rad for
• Dear
APPetd w
the defendant, said be was perfectly ready te_,B;e:ciethe
the proposition of his Learned Friend. He bu.e. mis-
fact to be that both gentlemen had acted ni; scrimi-
take, and that there was no ground for imputing to
nal offence, or an offence of any
description,ellinto the
either of them. He was`happy, therefore, tee be begged,
suggestion made by his Learned Friend, u
nneerything like
on the part of the defendant, to withdraw
the Prosecutor.
an imputation upon the character of -- and the de-
A verdict of Not Guilty was then taken,
Other
fendant was at once discharged. f giving the fullest
[As we are at all times desironVorivate character is
concerned, we willingly insert
particulars in every matter in whic-si,raye report, at the
request of one of the parties.
aitchould be placed on the
that any injurious constructionur
oar P of yester-
°gag!' we cannot think
condensed report, contained in -
day.—ED, Sun.]

:---------
INt.
- ORTAIIT To XERs•—The Boston Times,
"Ys an acquaintance 01
,S3Le° editor, a few weeks since, pur-
°warranted " first quality." After
pur-
chased a box of cigars became convinced that they were
smoking half-a-dozen be
composed of some or-i-cii
small quantity, other material than tobacco. Taking a
earth he filled a fiower-pot, and
of rip
patiently awaited, for a few days, the
planted one, and dozen buds appeared, and, at the end of two
result. Half-a•
goad of cabbage was grown as was ever seen.
1 Weeks, as foie a