The Sun.
London, England, 1840-04-24 00:00:00

LAW IN TELLIGENCE.

--„..-.
COURT OF QUEEN'S BENCH, APRIL 23.
THE QUEEN V. THE CHURCHWARDENS CF LAMBETH.

MANDAMUS.
In this case a rule bad been obtained on 31st January
calling on the defendants to show cause why a mandamus
should not issue directing them to make out of any funds
in their possession, arising from a Church-rate, a
reasonable allowance to the Reverend Henry Mor-
gan for performing the duties of Chaplain to the
workhouse during and since the year 1838, at the
rate of 1004 per annum, and further directing them, if
they had no funds there, to collect the arrears of Church-
rate now due, and to take such steps as might be necessary
to collect a Church-rate thereout, to make the Rev. Henry
Morgan compensation.
Sir FREDERICK POLLOCK this day showed cause against
the rule.
Sir F. Poeeoce. this day sheaved cause against the rule,
which he said was founded on a local Act of Parliament,
the 50th George 111., cap. 19, which had already been
frequently before the Court. By the 22d section of that
Act it was enacted that the rector of the parish may ap-
point a clergyman of the Established Church, to give
spiritual instruction and consolation to the persons inha-
biting the workhouse, and that the churchwardens and
overseers of the parish may, arid are hereby empowered to
make a reasonable and competent allowance to such clergy-
man so appointed, se long as be shall perform his duties to
their satisfaction out of the Church-rate of the parish. Now
Mr. Morgan was appointed two years ago, and bad never ap-
plied for any remuneration until after his salary, if be were
entitled to any, had been in arrears a year and a half. He
then applied to the Churchwardens and Overseers for a
year and a half salary; and to that application they had not
returned any answer. He would, however. admit, that unless
he could satisfy the Court that there was no ground for
granting the mandamus, his Learned Friend on the other
side would have a prima facie case. His answer to this
rule was, first, that the Churchwardens bad no funds, and
that there were no arrears to collect ; next, that Mr.
Morgan undertook to perform the duty gratuitously ;
and, lastly, he had an affidavit stating that in order to pro-
vide for the religious wants of the persons in the workhouse
a new church had been built at a considerable expenco in
consequence of an arrangement between the Rector and
the parish officers, and rates had been made expressly for
that object. When this was done the pew-rents were ap-
propriated to the maintenance of the clergyman who was
appointed by the Rector, and subsequently the Church-
wardens allege that in violation of the arrangement made
between the Rector and the Churchwardens, and not-
withstanding the parish had erected the church to give the
persons in the workhouse the benefit of spiritual instruction
in that Church, the Rector had net only appointed a clergy-
man to that church, but had also appointed a chaplain to the
workhouse ; and he had done this after having un-
successfully attempted to get the Guardians of the
Poor to appoint regularly a Chaplain to the
workhouse, who would, had the appointment been
made by the Guardians, have been paid out the poor-rates.
There had been no Chula-rate made since 1836, and
there was every reason to believe that no Church-rate
would be made in the parish, and if in obedience to a man-
damus, the Churchwardens should be compelled to call a
meeting for the purpose of imposing a Church-rate, as far
as the inhabitants were concerned, they would refuse to
do so, and the unhappy state of irritation at present exist-
ing in the parish of Lambeth was little likely to be ap-
peased by this new apple of discord. He was afraid, from
the spirit exhibited on the part of those who in-
structed his Learned Friend, that any appeal to them,
on his part, would be ineffectual. It might perhaps be
contended, that by the terms of the Act the Rec-
tor was bound to appoint, and that that was a
sufficient answer to any arrangement, and it might be con-
tended that the Act was equally imperative on the Church-
wardens. He wished to solicit their Lordships' opinion as
to whether the Churchwardens were bound, and had
authority to make a Church-rate. It would be more con-
venient to obtain their Lordships' opinion now than to
wait until a return should be made to the mandamus.
Such an expression of opinion would at once put an end
to the difficulty. If their Lordships were of opinion that the
Churchwardens and Overseers had no power to make a rate
of themselves, or that parish was not bound to make a rate
under the Act of Parliament, then a rate would not be
made. But if their Lordships said a rate must be
made then no doubt it would he made, as there was
no disposition whatever to resist that which their
Lordship might lay down as the law on the subject.
Such an expression of opinion would save great expense
and trouble, and he assured the Court that it was in the
sincere spirit of peace that he made the application.
The ATTORNEY-GENERAL contended that the rule must
be made absolute. The salary of 1001. a year was the same
salary that had been paid to Mr. Scott, the former
chaplain. The 22d section of the Act he contended was
compulsory, both upon the Rector, the Churchwardens
and Overseers. Mr. Morgan had been duly appointed,
and had regularly performed all the duties of Chaplain,
and therefore he claimed the salary due, and had re-
peatedly applied for compensation. With regard to the
building of the Church which had been dragged in most
unnecessarily for the purpose of attempting' to throw a
slur upon the character of the Rector, Dr. D'Oyley.
The defendants themselves did not pretend that Dr.
D'Oyley had ever said that in consequence a Chaplain
to the workhouse would not be necessary. He denied
that ever Mr. Morgan had undertaken to perform
all the duties of Chaplain gratuitously. The affidavit
only stated that when Mr. Morgan was informed
that the ministers of other denominations attended
at the workhouse gratuitously, he would do the same, but
that was very different from saying that he would perform
all the duties of chaplain gratuitously. It was no answer
to state that there would be a difficulty in collecting funds
to pay the chaplain. They should make theatttempt, and do
their best.
Lord DENMAN thought the Court could not direct the
defendants to make and collect a new Cnurch-rate.
The ATTORNEY-GENERaL would consent to have all
that part of the rule which related to the making a new
Church-rate struck out.
Mr. Justice LITTLEDALE—There is no power under the
Act given them to make a Church-rate. They must pay
the Chaplain out of the existing Church-rate.
Rule absolute, with the exception of that part which re-
lates to the making a new Church- rate._

SHOCKING CHARGE AGAINST A,- .FATHER
AND THREE SONS.—On the night of the 12th of November
,
last a woman, the wife of a labourer named Timothy Sullivan,
residing in Woolwich was missing under very suspicious cir-
cumstances, and the neighbours broadly accused her husband
and her eldest son, Daniel, with being criminally concerned in
her absence. To allay the public feeliNg, the Magistrates had
the husband, the eldest son, and a younger brother, brought
before them, when it appeared Mrs. Sullivan was last seen in
their company by Mr. Curran, landlord of the Carpenters'
Arms, at about twenty minutes past eleven o'clock on the night
in question. WEen she came into his house she was tipsy, but
having slept with her head on toe table, and having only a small
quantity of beer, she was less tipsy when she lett than when
she came. A number of witnesses were examined at the time,
and their evidence showed that she was often very roughly used
by her husband and by her eldest son, but nothing of a defini-
tive nature was elicited to warrant the Magistrates to detain
them, and they were discharged upon their promise to appear
when called upon to answer any future charge. The Magis-
trates severely reprimanded Sullivan for his heartless conduct
towards his wife. On Monday last, the 20th inst., the body
of a woman was found in the river near Blackwell. It was
tied in a sack, and had no gown on ; but from the other parts
of her dress a strong suspicion exists that it is the body of Mrs.
Sullivan. An active officer named Garraud and the police
were immediately on the alert, and succeeded in taking into
custody Timothy Sullivan and three of his sons, and they are
at pesent detained in the station-house at Woolwich, until the
result of the Coroner's inquest is known.
REMARKABLE AND EXTRAORDINARY CIR.
cumsTAticz.—About eighteen years ago, a poor woman of the
name of Elizabeth Charlesworth, the wife of William Charles- ERIOUS ACCIDENT FROM GUNPOWDER.-
worth, of Sheepshead, was in labour but not delivered of her I The family of Quarter-Master Brodriph, of the 14th Royal
child, and on Saturday last, she died at the age of 59. At the Hussars, stationed at Ifounslow Barracks, has been thrown
request of the poor woman during her life, several surgeons into a state of ;the most painful excitement by the following
were present on Monday last, when a post mortem examina- I occurrence :—O'n Saturday last Miss Brodriph, who is about
tion took place, and a large substance was discovered twelve years of age, seeing her father's powder-horn lyingin her inside, which proved to be a young child, in a shelf, incautiously took it down for the purpose of pla OU
y-
perfect preservation ; it was enclosed in a hard substance, and ing with it. She accordingly began by igniting at first only
no doubt is entertained of its having remained there from the small portions of the contents, but, getting less timid as sh;
time when the poor woman was in labour, and not delivered, proceeded, she fired a larger quantity, which communicated
eighteen years ago, The child is now in the possession of with the powder remaining in the horn, and the whole ex-
Messrs. Palmer, surgeons, Loughborough, and weighs six Flodcd, shattering her right hand in a dreadful manner, and
pounds; its legs and arms are quite perfect, and it is admitted otherwise seriously injuring her. She was immediately at-
by all who have seen it that such a circumstance was never tended by several surgeons, but remains in a very precarious
known to have occurred before.—Nottingham Review. state.

The prisoner said that he found the letter addressed
to the witness Blabey in Rochester-row, and on opening
it discovered that it contained nothing, but that part of
it was destroyed, and whether the other was enclosed in
it be could not say. On taking it home he did not read
it, but threw it in his room, he could not tell where.
Upon the application of Mr. Peacock, he was ordered
to be brought up again in a week.