The Sun.
London, England, 1841-06-05 00:00:00

the range of their operations and issues. This seasonable ace on
modation, moreover, is afforded in a shape much more available and
advantageous for the trading counnuniiy toan whit a re-
(Auction in the rates of discount would have amounted to ; for
such reduction would solely have benefited the larger capitalists who
already overlay, drain, and oppress too greatly the more humbly pro-
ductive of the industrious traders; whereas theconcession of an addi-
tional month's credit for discounts is equal, with all prudent and cal-
culating individuals of the class, to a pro rata increase of means
or capital, for holding superabundant stock where sales cannot con-
veniently be pressed, or for creating it under more favourable cir-
cumstances. It may be hoped that the effect of this extension of
discount limits by the Bank will gradually be to communicate a
greater degree of confidence generally throughout the districts and
trades now most labouring under depression, and a confidence
which may be accepted as the harbinger of better times. As
evidence of the increased and increasing strength and resources
of the Bank itself this notico is really more remark.
able if not more satisfactory still, always assuming,
what indeed may be taken for granted from the long
continued wariness of the Bank management, that the
directors are fully satisfied as minutely conversant with
their own position. For it must not be forgotten that the
Money Market is threatened at this particular conjuncture with
invasion of loans from various quarters, and above nll with the giant
loan of souse eighteen or nineteen milions sterling from France.
It is probab:e that, on this head, the Directors are i.. possession of
information, or have received explanations, of the intentions of the
French Minister of Finance, not accessible to the public, which have
served to calm any particular disquiet fur the future or alarm for
the present on that Mad. The effect of the Yank notice, and of
the considerations adverted to, was, as might be expected, of a
favourable nature on the funds. Cor.sols improved to 90 for money
and 9O for time.

LAW INTELLIGENCE
COUI?T OF CHANCERY, Jane 4.

The Loan CHANCELLOR took lunatic petitions to-day, of which
there were 26 on his Lordship's paper; but no case of any interest
except to the parties concerned, came before the Court during the
morning.

ROLLS CO CUT, June 4.
IN RR SMITH.

The further arguments in this case were resumed today.
Sir WiLLIAm FOLLETT was heard on behalf of dr. Smith, against
whom the application was made oil the part of a Mr Husband, a
solicitor of Devonport, for whom he had acted as agent. The
petition contained serious charges in regard to the management of
the business of the petitioner ; but we reserve the details until the
conclusion of the case.

VICE -CRANCELLOR'S COURT, .Itine 4.
Short elms; s and unopposed petitions occupied his Honour the
VICE-CHANCELLOR the whole day.

ARCHES' COURT, June 4.
BURDER V. SPEEFL

Sir HERBERT JesNErt gave judgment this morning in this case,
in which the office of a Juke was promoted by Mr. John Bunter,
the Secretary of the Bishop of Winchester, against the Reverend
Welford Speer, Perpetual Curate of Thames Ditto!), in the county
of Surrey, for drunkenness, and the neglect and improper perform-
ance of his clerical functions. The Learned Judge said the cita-
tion in the cause was returned in 1839, and by that citation Mr.
Speer was called to answer certain articles exhibited to him in the
usual form, setting forth in the first instance that tie was an habi.
tual drunkard, and had repeatedly committed the crime of
drunkenness, and • that he was guilty of indecent fan.
guage as well in as during the time of the performance
of Divine Service, and also before and after the performance or such
service. An appearance bad been put in for Mr. Speer on the
29th of June, 1839, and the admissiou of these articles was op-
posed. One of the witnesses being under the necessity of quitting
England, application was made to the Court to permit that gentle-
man to be examined, which the Court allowed, and Captain Wil-
liams, the witness, was accordingly examined upon the articles, but
it was not thought proper on the part of Mr. Speer to put any inter-
rogatories. to him. On the debate as to the admissibility or the ar.
tides, the Court thought that, with a slight alteration in the 11th
article, it was proper they shoahl be admitted to proof,
and they were accordingly admitted. An appeal was
then mane from the decree of the Court, and the Privy Council be-
fore whom the appeal was heard was of opinion that the Court had
judged rightly in admitting the articles, and accordingly remitted
the case to the Court, and the party was condemned to pay the
costs of the appeal. The case being thus remitted proceeded in the
usual course. The next step was to give an issue to these articles,
and a negative issue was given to them and fourteen witnesses ex-
amined on them, including Captain Williams, who was examined
de bene ease. Fourteen other witnesses were also examined
at great length on the part of Mr. Speer, and the case
came on for hearing upon the evidence which had been given
by these twenty-eight witnesses. It would be proper to state
the contents of the articles given in confirmation of the citation
that had been issued. The first article pleaded that Mr. Sheer
was admitted to the perpetual curacy of Thames Ditton on the
13th March, 1835. The second article pleaded his license to the
said curacy. The third article pleaded that ever since he had been
admitted to the spiritual office of that parish he had been addicted
to the immoderate use of wine and spirituous liquors, and in the
habit of frequenting a public-house or inn at Thames Ditton called
the Swan, there drinking to excess to the great scandal of his pa-
rishioners. The fourth article pleaded that ever since he had en-
tered upon the duties of his curacy he had been in the habit of
performing Divine Service in an indecent and irreverent
manner, and had thereby also caused great scandal
and offence to hia parishioners and persons assembled for Divine
worship, and that many persons, in consequence, had been driven
away from attending Divine Service in the church. The article
also pleaded that during the time of divine worship Mr Speer
was in the frequent habit of receiving from the Swan a bottle of
wine, which he drank in the vestry during the service, and that,
in consequence, he frequently became so intoxicated as to be un-
able to go through the service. The filth article pleaded that on a
Sund y morning in July or August, 1836, during the performance
of divine worship, Mr. Speer was evidently in a state of intoxi-
cation, and totally unfit to conduct the service, thereby causing great
scandal and offeece to the parishioners, and that at the end of the
Communion Service Sir C. Sutton and Mr. Seeley, the Churchwardens
of the parish, remonstrated with him, arid urged upon h m that by
reason of his intoxication he was not in a fit state to proceed with
the service, and offered to take upon themselves to say that the
congregation would dispense with the sermon. The Gth article
pleaded that in the summer of 1836, wile the church was under
repair, Mr. Speer called upon Captain Williams in a state of intoxi-
cation, and when about to mount his herse to retorts home, In
consequence of iutoxicat on, fell over on the other side. The 7th
article pleaded that on the 25th March, 1837, on the occasion of
christening a child, Mr. Speer read the service in so indecent. a
manner as r o be unintelligible, and showed, by his conduct, that
he was in a state of intoxication ; that, after the christ-
ening, he called the parties back, and holding up the money,
sad " Look at this fee. The Clergy are said to rob the poor,
but this does not look like it." The Bth Article pleaded that. in
the afternoon of Sunday, in July, 1838, in consequerice of in-
toxication he read prayers in an unsuitable manner, and with
extreme difficulty, and was unable to preach the sermon. The
9th article pleaded, That on the morning of Sunday, August
12th, 1838, he performed divine service in an irreverent and
indecent manner, made many mistakes, and was unable to go
through the duties of the day, being in a state of intoxication.
The 10th article pleaded that on the afternoon of Sunday,
March 10th, 1839, he was likewise in a state of intoxication,
that he read the prayers in a manner almost unintelligible,
and in consequence of such intoxication sat down ,in.
able to give the benediction. The 11 th article pleaded
that by such conduct he had given great offence and seen.
dal to his parishioners, and other persons frequenting the church.
That complaint was made to the Bishop of the Diocese, who directed
an inquiry into the truth, which having been done, and the result
reported to the Bishop, the present proceedings were instituted,
since which Mr. Speer had ceased to perform his duties in the
parish. The remaining articles were those of form, which it was
unnecessary that he should enter into. These, then, were
the charges brcught against Mr. Speer, who had set up
eight articles as a defence to them. The Learned
Judge then recapitulated the articles of the defence, which
amounted generally to a denial of the articles of accusaticn,
admitting that the defendant was in the habit of taking wine in the
Vestry during divine service, in consequence of, being of a weakly
and nervous constitution, but never to excess, and denying that
his conduct, either in the performance of divine service or other-
wise, had given seatrdal or offence to his parishioners. None,
these were the allegations given on one side and on the other,
arid on which, as lie (the Learned Judge) had stated, twenty-eight
witnesses had been examined. The question was simply the truth
of these articles ; it involved no consideration on points cf law, but
was merely a question of evidence whether there was sufficient
proof of the charges brought against the defendant, and whether
they were sufficiently rebutted by the evidence given in by
him. No person who had heard the charges could doubt that
if they were established they constitute an offence of a gross
and serious nature, and were such as would subject Mr. Speer
to Ecclesiastical censure, proportioned to the offence established for
habitual or even frequent drunkenness in a clergyman, whose duty
it was to set au example of sobriety to his parishioners, was an
offence highly penal, and involving serious consequences on the
person guilty of it. It would necessarily create great scandal and
offence to the parishioners of whom hp was the minister, and the
offence was greatly increased, undoubtedly, when the habit
was indulged in, as pleaded, at the time when be was
actually engaged in the performance of Divine service, and yet the
defendant did, as charged, in the intervals of Divine service indulge
in wine, and was supplied with a bottle from the Swan almost every
Sunday, the effect of which upon him was to render his perform-
ance of Divine worship irreverent and indecent, as stated in the
article. Now, these matters having being represented to the Bishop
he was called upon to inquire into their truth, and he accordingly
directed the Secretary to enter upon the inquiry, and the result j!
being: reported to his Lordship, he n:irected these proceedings to
be instituted. The Learned Judge then proceeded to discuss the
propriety of those proceedings having been instituted by the Bishop,
and said that whatever might be the case in ordinary cases, in the
present case there was not only sufficient to cause proceedings to
beinstituted, but that he could not with propriety have refrained
from doing so, after the complaints that had been made to him.
Now, it was stated that this prosecution had originated in
spite and malice—it was said that the Churchwardens, Sir Charles
Sutton and Mr. Seeley, had excited it against Mr. Speer from mo.
fives of private resentment, arising out of circumstances
that had taken place in the course of business,
It was possible that evidence might be adduced to make out a case
of conspiracy and perjury against the persons by whom the charge
was brought against Mr. Speer, and by whose evidence it was sup-
ported ; but the probability that such a case could be made out was
extremely remote indeed. There was no likelihood of those per.
SODS engaging in a conspiracy against an individual, wlus, from his
position, ought not to be made the subject of such a prosecution.
They all spoke of Mr. Speer as a man of mild and amiable manners,
an affectionate son and father, and an extremely kind-hearted man.
Now certainly it was d:fficult to conceive that an individual of that
description, possessing so many amiable qualities, should be selected
as the subject of such a prosecution as that brought against him, un.
less there were some grounds for it—something that in the eyes of
the parishioners counterbalanced those qualities, and prevented
his having that influence in the parish which he other.
wise must have. Now who wers the parties that were
supposed to have takea up that unfounded prejudice against Mr.
Speer 7 They were persons of respectability and station in life,
persons on whose conduct, independent of the present proceedings,
no imputation had been cast, or attempted to be cast, and it was
not to be supposed that those persons would lend thomselves to
proceedings so derogatory to their character unless there were
some grounds for so doing. When it came to be considered what
could be the grounds on which private revenge was alleged to be
the motive that prompted those proceedings, it was found that
they were perfectly inadequate to sustain the charge. It nezt be-
came necessary to inquire into the evidence by which the charge
against Mr. Speer was sustained. The great objection which was
made against the admissibility of the articles was that they were
of too general a nature, and that, therefore, it was impossible
for the accused party to defend I anself against them. To that
it was answered, that it was impossible to specify any particular
(line or slay on which the habit of intoxication was indulged in so
as to bind the parties down to that particular period. The Court
was of opinion that the charge should be specified as much as
possible, and that in such a case as the present the evidence should
be as clear and decisive as possible. The Court had every incli-
nation to give Mr. Speer whatever benefits might arise from any
peculiar feature of the evidence, and would next proceed to exa.
mine the articles whirls had been exhibited against the defendant.
The Court here went through at considerable length the articles
and the evidence by which they were sustained. The principal wit_
nesses in support of the allegation of drunkenness were the landlord
of the Swats Inn, at 'Thames Ditton ; the clerk of the parish and
the master of the national school established in that parish. The
clerk stated that he had frequently seen Mr. Speer in the Stan
Inn, with brandy and water before him, and more than once saw
him tinnier the influence of liquor, and that the matter was the
subject of much conversation its the parish. The landlord of the
Swan deposed, that he kept that inn about four years and a half,
frPM spout the year 1836 to the latter end of 1839, or the begin:
nisi gof 1640, the perjo4 4uriog which Mr. Seer was perpetual