The Sun.
London, England, 1848-04-07 00:00:00

Mr. Lee and the master came down. They were side by
side. Mr. Lee asked her if she was the mother. She
said that she was. Air. Lee told her to make herself
contented, for he would riot be here long. She said no-
thing. There was not much light on the stairs. She
saw them, though, quite plain. Couldn't scarcely under
stand him (Mr. Lee) when he spoke. Didn't know him.
He was thick in his talk. As they came down stairs
Mr. Foster took hold of Mr. Lee's shoulder, and told
him to take care. She then returned to the room where
her child was.
Cross examined by Mr. WHITEIIURST—WAS sure that
Mrs. Foster brought Mr. Lee in. Had riot said that Mr.
Foster came up too. Never said so to Mr. Griffiths. It
was so long ago she could hardly remember. She had
talked to Mr. Griffiths. Did not remember ever saying
so to him. If she did say so she couldn't think how.
Was very much vexed at being turned out. Did not sob
or cry. Did shed a few tears at the top of the stairs
Nor did her daughter sob or cry. She did in the kitchen.
The matron did not stop with her a moment.
lie examined—When she came out of the room she
made a remark about Mr. Lee.
The deferulant (to Mr. Whitehurst)—Will you me
ask what it was?
Mr. WUITEHURST—No, not I.
Clara Walker was the senior teacher at the Bluecoat
School. lied been so for upwards of eight years. Saw
Mr. Lee in the dining-room. Supper was not quite
over, she thought. Had frequently seen Mr. Lee before.
There was something particular that evening. He was
remarkably excited. She was not capable of judging
whether or not he was sober. lie spoke to her. He said
that when the funds of the institution were better, he
thought that she should have further help. He spoke in
a freer and pleasanter manner to her than usual. That
was her impression—a more familiar manner. She did
not notice Mrs. Lee's manner. She appeared rather
timid. Had not been in the habit of seeing gentle
men not sober, and therefore she thought something was
the matter.
The Rev. John Downes was at the time curate of St.
Philip's, Birmingham. Heard from Mr. Foster that
during his absence he had been wanted by him to visit a
boy. Was on the committee of that school. Was chair-
man of the School and Education Committee.
Cross-examined—Could not say whether or not Mr.
Foster said that he had come first to his house. Had
often ordered the relative out of the room under such
circumstances.
By the foreman of the jury—There was no evening
service at St. Philip's at that time.
John Brierly Payn—Was chief constable of Bir
mingham; appointed in March, 1843, on the Managing
Committee of the Bluecoat School. Mr. Foster told
him that Mr. Lee had come to the school in a state of
intoxication. Foster told him the story in consequence
of his asking him as to Mr. Lee's treatment of him.
On account of Mr. Lee's having talked to witness about
him, witness asked him " what it was that Mr. Lee
knew of him that he did not, as he was certain there
must be something, or Mr. Lee could never show so
much anxiety to get rid of him?" Foster said that
there was nothing to his knowledge. Witness said that
he was sure there was, and unless he knew what it was
he should abandon his interest in him. Foster then told
him that it was nothing that Mr. Lee knew of him but
whati
he knew of Mr. Lee, and then he told him all about
the committee.
it. Witness said that he ought to have mentioned it to
The lion. and Rev.
saidhad • d•
Mr. Griffiths. that he mentioned it to
Reify
Had conversed
Yorke was the rector
of St. Philip's,
conversed with Mr. Foster
relative to the Bishopof Manchester. This was in
1846. Had seen the
Il,eeetter to Lord Calthorpe
reflecting upon Mr.
Lee.
with upon it
cougltsibrnon
Foster
rere must be some
with Mr. Foster. Believing
contradict
o so withit .
mistake, he called upon
11e refused to do so, saying that he
the
that he had formed that opinion on two distinct fact
truth, and evilness inquired into
Found
certain indistinctness, and a false step in coming down
stairs. Mr. Foster said that Mr. Lee addressed then
children " beautifully, as Mr. Lee did everything of that
kind." Witness was elected a governor of King Ed-
ward's School in 1845. Was struck with the passage
pointed out, as it referred to a particular friend's et,
duct. Wrote this letter. Was bailiff of the school at
the time for that year—that was, chairman. They
thought that any inquiry was unnecessary. Couldn't
exactly say whether or not he read this (the letter to
Lord Calthorpe) through. He believed that when he
SAW the name he tossed it on one side.—(Laughter.)
The Bishop had done duty at witness's church three
times. Had frequently asked him.
Cross-examined—He did not accede to his request.
He was always unwilling to officiate. Looked upon the
charge as coming from a quarter needing no answer.
Had had constant opportunities of seeing Mr. Lee's
habits. No man of his acquaintance was so little liable
to the charge that had been made against the Bishop.
Never saw the slightest grounds for such an imputation.
Asked him to officiate in his church for the express
purpose of showing his disbelief in the charges. Was
elected a committeeman of the Bluesoat School in 1845.
This was the resolution of the committee of the Blue.
coat School when Mr. Lee was made a bishop.
Anne Elliott—(This witness immediately asked,
" Who was to pay her expenses?" and declined to
answer until she was paid. She had received I/. The
officer of the court accordingly stated that she was to
have two more, which were paid.) Usually attended
Bishop Ryder's church. Had seen Mr. Lee frequently.
(Here the witness's husband, standing by her, was
seized with epilepsy, and she was therefore allowed to go
out with him and the surgeons).
Edward H. Fresher was a schoolmaster in the na-
tional schools of St. Thomas. Had resided previously
at Droitwich. Came over to Birmingham as a candi
date for the school of St. Philip's. Was at Bishop
Ryder's church on the evening in question. Heard Mr.
Lee read the prayers. Had seen him before. He ad-
dressed a meeting at the school of Bishop Ryder's
church on that occasion. Never saw him before that
time except once casually. He appeared nervous that
evening, and indistinct in his utterance. Formed no
opinion at the time. Was rather astonished, as he
spoke so clearly the other time. The appearances
were like intoxication. Imagined the appearances were
so because he heard the defendant make the charge at
the public meeting. Had now an opinion that it was
intoxication.

Anne Elliott (examination resumed)—Could see
Mr. Lee clearly. Thought that he read monotously,
without emphasis, and in a very sleepy tone. Did not
know what to think. If it had been any one else but
Mr. Lee, should have thought him slightly intoxicated.
Cross-examined.—First thought that at the time.
Could not harbour the opinion that he was really in-
toxicated for a moment.
Edwin Cottell—Lived at Birmingham. Attended
Bishop Ryder's church. Considered Mr. Lee's reading
very "incoherent." His impression at the time wus
that the gentleman was drunk. Recollected relating
the thing to one of the congregation. Mr. Lee attempted
to read that portion of the service which related to the
churching of women, or else he gave notice of it, witness
had forgotten which, and then skipped into something
else. He either gave notice or read a portion of it.
There was a general sensation in the church. The
people looked at each other and moved their heads.
This was caused by Mr. Lee's conduct. It made an im-
pression on his mind.

- Cross-examined—Attended Mr. Gutteridge's meeting
at the Town-hall.

Thomas Rollison was churchwarden of Bishop's
Ryder's church.—(This witness was here taken ill, and
attended by Mr. Hodgson. The Court adjourned f,e-
about huh-an-hour. The witness appeared again some-
what revived.)—Was on the occasion in question
in the vestry. There saw Mr. Lee and the curate.
Was not sure that notice of churching was given. Was
present at the service. Saw Mr. Lee. Paid attention
to his manners. He was rather nervous, and possibly a
little agitated. There was a want of clearness in his
enunciation. The churching service ought to have been
read. Thanksgiving was returned. Specially in the
General Thanksgiving, the words " particularly to her,"
&e. were used. The churching service was not
commenced. "My opinion is that Mr. Lee was
sober." I had no opinion at all about it at
the time. My impression was that Mr. Lee read the
service imperfectly, but I could not attribute it to any
cause other than exhaustion or something to that
effect. Saw Mr. Moore in the vestry after service.
Made no remark to him. Did on the following day or
on the Tuesday, witness didn't know which. Perfectly
recollects the circumstances, and nothing was said to
Mr. Moore about Mr. Lee on the evening in question
before service. Could not have said anything then and
forgotten it since. Could not recollect making any ob-
servation on Mr. Lee after service that evening.
The defendant here stated to the Court that he
required the evidence of a professional man, which was
of the utmost importance to him. That gentleman was
now engaged in a medical consultation ; he, therefore,
wished to have his evidence taken to-morrow (Friday),
allowing the counsel for the prosecution to reply
immediately with a special reply on the additional
evidence.
The LORD CHIEF JUSTICE stated his inability to
comply with this request. The time of the country
must be taken into consideration ; besides which,
counsel would labour under great difficulty in making a
reply on half a case.
Mr. Gutteridge had concluded that the case would go
on into tomorrow (Friday) in any case. He had actually
paid the expenses of the witness in question.
The LORD CHIEF JUSTICE—After having been sub-
paused, in the fourth day of the case it was an insult to
the Court for him to soy that he was detained by a con-
sultation. It should have been put off.
The defendant's case was then, at about three o'clock,
concluded, and
Mr. WHITEHURST proceeded at once with his reply.
The sister of the defendant, a lady of
and most intelligent appearance, sat by
acted as a junior counsel, patiently very
y assisting hima side,amabnl de
throughout the whole of this very long trial. The lady
seemed perfectly conversant_
documents connected with tbewletahsea.ll the features of and
HALF-PAST SIX O'CLOCK.
The Learned JUDGE is still continuing, though seem-
ingly about concluding, his summing up. Having gone
through the whole o
the evidence,,4 e n r a bearing ot the
l his
Lordship is
upon the
n
making observations
evidence and drawing the attention of the jury to
o
whole evi ,
the several pleas on the record.

WESTERN CIRCUIT.--Taunton, April 5.
CROWN COURT.—(Before Mr. Justice WIGIITMAN.)
John Tynele was indicted for maliciously stabbing and
wounding Benjamin Roper at Frome Stilwood, with the
usual intents.
Mr. Bagley was counsel for the prosecution, and Mr.
Edwards for the prisoner.
It appeared that Roper was a spinner living at Frome.
On the ❑ight of the 23d of August he was at the Black
Swan public-houie with Fanny Viner and another per
son. He left about twelve o'clock, and came up to thf,
prisoner and two others. Roper said, " Good night,