The Sun.
London, England, 1834-12-20 00:00:00

VICE-CHANCERY COURT, DEC. 19.

ministers of the chapels from their foundation, and thy,
Campbell was supported by a majority of the congregations
The affidavit of Campbell stated the origin of his con-
nexion with the chapels. He said he was invited to join
at the request of the Rev. Mr. Wilks ; that he had several
conversations with Wilks on the subject of his being ap-
pointed a colleague, when he intimated that his feelings
should be governed by the feelings of the members of the
congregation towards him, as he would listen to no invi-
tation that was not at least in essence from them. Upon
wUch Wilks responded that the people must be consulted
to the fullest extent, equally on account of all parties and
for the common good. At the request of Wilks a public
meeting of the whole congregation was held on the Mon-
day of each week, for praying for the Divine direction re-
specting his election. And, being satisfied he was the ob-
ject of the people's choice, he consented to become col-
league of Mr. Wilks. He claimed for himself the same
powers as were possessed by Wilks, which were almost un-
limited, and sufficient to the proper discharge of all pas-
toral duties. He submitted that the scheme of fourteen
trustees, and their plan of trust, was a violation of all past
usage ; and denied all the allegations of violence. In reply,
were read the further affidavits of the relators, by which
they denied that Bateman had any authority till the legal
estate became vested in them and him, and that he had on
various occasions since recognized and acted under the re-
gulations in the plan of trust, and submitted to be bound
by a majority of his co-trustees. They then entered into
details to show he approved of the draft trust deed in pur-
suance of the plan.
Several other affidavits, detailing the opinions of different
persons, were read in support of the defendant's case.
Mr. CIIING followed Mr. KNIGHT.
Mr. BETHELL on the same side observed that it was very
fortunate for the Dissenters they did not come very often
before the Court in such cases ; and very fortunate for
the bar, for if they came frequently, they would require a
Court of Chancery for themselves. There were three
grounds on which the case 1 the relators rested; the resig-
nation, the propriety of the dismissal, and the propriety of
the removal of Campbell, for the sake of preserving the
charities from destruction. The Learned Counsel then
went at length into the facts of the case, and concluded by
saying—In this case of a religious charity it remains for
the Court to act in such a manner as to preserve the insti-
tution by granting the injunction moved for.
Sir WILLIAM HORNE, for the defendant Bateman, had
spoken but for a short time when the Court rose at four
o'clock.

This motion will be continued to-morrow.
The Court was crowded to excess all day, and the par-
tisans of the different parties, especially the ladies, could
scarcely be restrained from giving vent to their feelings at
different times.

ROLL'S COURT.-DEC. 19.

MORTARA V. HALL.

Mr. JACOB appeared for Mr. Andrews, the petitioner in
this case. The petition prayed that the petitioner might
be permitted to bring an action at law for the recovery of a
debt due to him from the estate of the late Captain Nis-
bett, of the Life Guards ; or that he might be permitted to
except to a certain Master's report. The grounds on which
the petition was endeavoured to be supported were as fol-
lows :—Captain Nisbett, on entering the Life Guards, in
1849, and being then a minor, obtained his outfit from the
present petitioner. Shortly after the Captain's death, which
took place in 1831, a creditor's bill was filed against his re-
presentatives, and the petitioner brought before the Master
his claim for the amount of the outfit, but which claim the
Master disallowed, on the footing, as it was alleged, of a
decision of his Honour the Vice-Chancellor. The Learned
Gentleman proceeded to contend, in support of the peti-
tion, that the petitioner had been induced to acquiesce fo:
a time in the Master's finding, from having had the
ment of the Vice-Chancellor misrepresented to' ;"),„
.
Mr. BICKERSTETH appeared for Mrs. _ N'is-bett against the
petition. Captain Nisbett at the 'rt. me he obtained his
outfit was an infant, who receive"
from his friends. He had ..-ct a sufficient maintenance
num ; and, besides his in allowance of 5001. per an-
as a Lieutenant in e Life
Guards of 150/., he'„ pay
d, when he entered the army, a sum
of 800/. allowed, for his outfit. This was sufficient for all
proper
purrs, and the petitioner was bound before ad-
vancing
any thing in credit to have inquired into the allow-
ane and the circumstances of the infant.
His Honour the MASTER of the ROLLS should look at
the judgment of his Honour the Vice-Chancellor before
finally disposing of the case.

THE ATTORNEY-GENERAL V. BATEMAN.
The early part of the day was occupied in reading the
remaining affidavits on tho part of the relators and of the
defendants. The affidavit of the relators verified the devo-
lution of title as opened in Mr. Knight's statement, and
stated that Campbell was invited on the death of the Rev.
Mathew Wilks in 1829, by Smith, Townsend, and Wilson,
as the then proprietors and managers of the chapels to be-
come their officiating minister. The plan of the trust pre-
pared by the fourteen trustees, which bore no date, pro-
vided " That the appointment and dismissal of Ministers
and officers, and all the regulations of the place and its
pecuniary affairs and directions, should be, as theretofore,
exclusively in the trustees, and that there should be ap-
pointed a treasurer and two managers for each chapel.
The affidavit of the defendant Bateman denied that the
chapels were vested in the fourteen trustees for the purpose
of securing the continuance of the modes of worship
and discipline established by Whitfield, as they had been
considerably altered from time to time since his death.
He alleged that it was in consequence of the desire of
certain members of the congregations to have Campbell's
ministry continued, that he made up his mind to give Camp-
bell permission to enter and preach in the chapels, and thai
the great excitement was owing to the attendance of the
relators with police officers and parish constable in order to
exclude Campbell. He denied that he was under any ob-
ligation to account to the relators as trustees, but that be
was willing to submit his accounts to Mr. Wilks, whom he
admitted to be his sole co-trustee and manager, and the
congregations. He alleged that the conduct of the relators
was at total variance with the intentions of Whitfield, in-
asmuch as they had lately, for the first time, caused thu
chapels to be registered as Protestant Dissenting chapels,
under an Act which was in existence in Whitfield's time,
in consequence of which no Clergyman of the Church of
England could, as was customary in Whitfield's time, officiate
there. They had also caused a minister of the Baptiq
denomination to preach and administer the Sacrament in
the chapel. The affidavit of a number of persons who had
been members of the chapel for various periods, from forty
-ears, detailed the history of the permanent or stated