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

On 10th May, at 14, Pancras-place, Camden-town, a
writer and schoolmaster, aged 51 years, died of " effusion
of serum on the brain, from exhatuition caused by dis-
ease of the lungs and want of food." Post moriem. In-
quest. A man acid a woman dicd of intemperance.
Three children were registered who had died from suffo-
cation in bed.

STATE OF THE WEATHER DURING THE PAST WEEK.
SUNDAY.—The sky was covered with cloud throughout
the day; cumuli, cirrocumuli, and cirrostrati. There were
occasional showers. Electricity--Nothing was shown at any
examination.

MONDAY.—Three-fourths of the sky were covered till the
evening, and overcast at night; cumuli, cumulostrati, and
nimbi. Heavy showers of rain. Elect ricity—Positive, and
very active during the time of rain falling; sparks and gal-
vanic currents were shown.

TUESDAY.—The clouds were occasionally broken during
morning, otherwise the sky was covered with cloud through..
out the day; cirrocumuli, cirrostrati, and scud, Showers of
rain. Electricity—Positive, and very active during the time
of rain falling; sparks and galvanic currents were shown.
WEDNESDAY.—The sky was covered with cloud through-
out the day; cirrocumuli, cirrostrati, and scud. Slight
showers of rain. Electricity—Nothing was shown,
THUIZSDAY.—The clouds were broken, at noon, otherwise
the sky was covered with stratus, cirrostratus, and loose
scud. Showers of rain. Electricity—Positive, and tension
weak during the afternoon.
FRIDAY.—The sky was covered with cloud till noon,
and about three•fourths covered during the remainder of the
icy ; stratus, cirrostratus, and scud. Showers of rain.
Electricity—Nothing was shown.
SATURDAY.—The morning was fine, but the sky was over-
cast. A thunderstorm occurred at 4h. 15m. the light-
ning was vivid, and rain fell heavily; after this storm the
clouds were somewhat broken. Electricity-7 Positive, and
active daring the morning. The instruments were not exa-
mined during the continuance of the thunderstorm; after-
wards none was shown.
The mean reading of a thermometer placed on the main-
mast, and read each day at 9h. A.M. was 57.8', ; and the mean
reading at 9h. r.ss. was 54.9°; the mean readings at the
loyal Observatory for the same times were 58.7 Q and 53-70
respectively.
The reading of the barometer decreased from 2961 in.
at the beginning of the week to 29.23 in. by noon on the
16th ; and increased to 29.59 in. by the end of the week.

THE 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 Rochester, Mr. Baron Parke, and Dr.
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 tho 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 had 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 he had put forth in his pamphlet.
Tho 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 had made, affecting, on their proof, his
honour, his character, and his credit as a man, he had
reason to congratulate himself and his friends that the
result of the investigation, conducted through a court
which ho 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. He then
took a survey of all the facts connected with himself and
the dean and cbapter 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 he was required to appear alone before them,
and thus be entirely at their mercy for what might take
place. Ile 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, ho 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 have 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 sum than 5,6721. from its
funds. Mr. Ersell knew that the money had been re-
ceived, and with the full knowledge of all that, how
could he be charged with mala fides? As to the sup-
pressions of the three minor canons, it was distinctly
stated in the deed of foundation that there should be
for over six minor canons, and by the statute " Da Visi-
tatione" it 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 wero 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 that was the true story and history of the sup-
pression of these minor canons. Tear 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, D.D., one of the present
members of the chapter, ()ejecting to the suppression of
the great canonries, in which it was contended that such
a system was n wrong in principle,
that,and
ininfvaoc, it wasltved the
subversion of ancient foundations;'
wrong to do what they had themselves done only nine
months before. It went on to say 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 those principles, and had suppressed three minor
canons only six or Dina months betore. 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. LITSIIINGTON wished to know if the Crown neg-
any other
lected to appoint to the vacancies, was there
way under the statutes to apply the amount?
f and_or chapter wero
Mr. Whiston said if the canons took no care to inform
the Crown of the vacancies, the dean
morally, if not legally, responsible such sums not
having been appropriated. Their Lordships had been
called upon by Dr. Addanas, not to restore him to his
office, for if they should reverse what had betehnemdotnoe
bthe dean and chapter they would expose
loquy. He submitted that their Lordships were not
there to consider the feelings of
ntdhewodoiadndisranegadcrhd aapteoyr,
but sat to administer justice, a
ad misericordiwn 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 frieuds had re-
ceived no less a sum than 215 0001. out of the revenues
the Church of Rochester, he did not think they would
consider it so disagreeable as to adapt that alternative.
Irrespective of the rent charge, the boys were to be
maintained out:of the cathedral revenues, and this pro-
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 ho 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 ba 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 jury would have
returned a verdict in his favour. Mr. Whiston having
read a lengthened extract from his pamphlet, to show
that he had endeavoured by all peaceable and gentle
means to obtain justice from the Bishop of Rochester and
the dean
.and 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-
mess 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 in such 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 iu 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 be collected
from the statutes, or the design of the institution." So
says the Bishop of Lincoln—" In exercising my visito-
rial authority lam bound to confine myself within the
limits prescribed by the founder for its exercise, as well as
-
constantly to keep in view the purposes for which he con
ferred it—that of carrying into execution his in tentions as
exhibited in the statutes which he gave for the govern-
ment of his college. So, ton, my Lords, are
the u
you re-
stricted by the same limitations tied bound by
obligations; and therefore I maintain that same
obligations; harp
neither legal nor moral right—you have no rightu
at all
—to pronounce any decision except' what you believe
the founders would pronounce if they could rise from
their graves, walk into the court, and sit as judges in
this case. And can any one—unless he be at. incarna-
tion of the most unnatural scepticism—noubt what their
intentions were, and what their judgment would be,
nay, would have been months and years ago, and with-
out hearing a tithe of what I have detailed proved?
Why, my Lords, what are the facts of the case?
What were the purposes and the objects which the foun-
ders had in view and at heart? Were they to multiply
dignitaries, to aggrandise deans, or enrich preperidaries
by munificent endowments from the constantly increas-
ing revenues, of which they alone should recinsa