The Sun.
London, England, 1868-01-15 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, JANUARY 15, 18b8.

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LAW INTELLIGENCE—This ray.

COURT OF ARCHES.
(Before the Right Hon. Sir Robert Phillimore,
Dean of Arches.)

MARTIN V. MACHONOCHIE.-RITUALISM IN HOLBORN.

The further argument was considered in this
case, and notwithstanding that this was the twelfth
day there was a very large attendance of clergy
and laymen present.

Mr. Stephen, Q.C., Mr. Coleridge, Q.C., and Dr.
Swabey appeared for the promoter ; and Mr. James,
Q.C., Mr. Prideaux, Q.C., and Dr. Tristram for
the defendant.

Mr. Prideaux said that, in compliance with his
lordship's suggestion, he should curtail his argu-
ment as much as possible. Ile had one great
advantage over his friend, for all that he advanced
he knew to be true, and he was not affected by any
authority that he might quote, although his friend
approached with fear and trembling. He main-
tained that the prayers of the service ought to be
read and sung according to the Church of Eng-
land, and all the incidental ceremonies and orna-
ments which were in use during the first prayer-
book of Edward VI. could be used now. lie quote.l
Mascoll's "history of the Early Church," and
in it was plainly stated that the prayers
read and sung in the church were in ac-
cordance with the first prayer-book. Ile quoted
a case which was acted upon, and that was
the case Eliza Shipton v. Dr. Eigland, Chancellor
of the Diocese of Norwich. In this case the Chan-
cellor had ordered that no woman coming to be
churched should appear without a white veil. Eliza
Shipton refused, and was excommunicated. She
resisted on the ground that there was no canon im-
posing the wearing the white veil, and that custom
was not sufficient. The bishop consulted with the
judges, and they decided against the application.
This, he contended, clearly proved that matters other
than those mentioned in the letter were permitted
to be used and became lawful by custom. lie also
contended that, though not mentioned, all the in-
cidental ceremonials of the great eucharistic sacri-
fice, as used in the Church of Rome, could be used
in our service.
The case is still proceeding.

POLICE INTELLIGENCE.—This Day.

BOW-STREET.

ANOTHER SUPPOSED FENIAN.— James Liver-
more, a big but half-starved-looking Irishman,
was placed before Mr. Vaughan, charged with
firing a pistol in Martlett-court, Bow-street, close
to the Police Station ; ho was also charged with
being drunk. The case occasioned considerable in-
terest in consequence of its being supposed that
some danger was threatened to the Police Station,
and that the prisoner was one of a party of Fenians
who had prepared a plot for the destruction of the
building.

The prisoner, on being charged in the first in-
stance at the station, gave his name as above, but
on being placed at the bar, and, according to the
usual practice, asked his name this morning by the
gaoler, said, " I'm not going to tell you."
The gaoler repeated his question two or three
time, but the prisoner doggedly refused to answer.
Prisoner—l'mMr. Vaugh
notgoingau—Yo to give your name ?
say
anything more.
Inspector Parker—When the prisoner gave his
name last night he refused to state his address.
Mr. Vaughan then directed the case to proceed
against the prisoner as James Livermore.
ur ref
use
to
Mrs. Itoffey, a saleswoman in Covent-garden
Market, said she resided in Martlett-court, and
last night about 10 o'clock, when she heard the re-
port of a pistol, she was very much frightened ; her
children saw the flash of fire occasioned by the dis-
charge of the weapon.

Mr. Vaughan—Can you can state positively
that it was a pistol that was fired ?
Witness—No ; I only heard the report.
Prisoner—Then it might have been a double-
barrelled gun for aught you know ?
Witness—l don't know whether it was a pistol or
a gun.

Henry Tees, a little boy, said at ten o'clock last
night he was near the house next to the one with a
garden in Martlett-court, and that he heard the
report of a pistol. The man that let it off had a
round hat on.

Mr. Vaughan—Look at the prisoner. Is that
the man ?

Witness—Ycs, sir, that is the man. I was about
one door from him when he let the pistol off. The
prisoner was standing near the garden gate, with
his arms over the railings, when I saw him. I did
not see the pistol. _ _

Mr. Vaughau—Did you see the smoke ?
Witness—Yes. It went into our house.
Mr. Vaughan—Did the smoke come from where
the man was standing ?

Witness—Yes it did. The moment the pistol was
let off I went to the door.

Prisoner—Was it dark last night, and what
o'clock did this take place? _ .

Witness—lt was past 10 o'clock, and the night
was dark.

Prisoner—You did not have your watch with
you. If it was dark, how could you see me ?
Witness—l was not far from you, and I saw all
that took place very well.

Prisoner—Oh, you have got cat's eyes, and can
see well in the dark. Will you swear that I fired
the pistol ?

Witness—No. I did'nt see the pistol. I will
swear that you were standing near the pailings.
Prisoner—Might there not have been another
person behind the pailings?
Witness—No, there was nobody there but your-
self. A young man afterwards, in the court, asked
you what you were up to.
Henry Whitworth said he was an artist's colour-
man, and resided at No. 10, Martlett-court, and
was with the lad last night. lie saw the prisoner
standing near the garden gate, and thinking
that
he was doing something that was
improper asked
him what he was doing. The pistol then went off,
and so did the prisoner, but he (witness)
followed
him into Russell-street, where he (prisoner) went
into the Crown and Cushion publichouse, into which
he was followed by a
gentleman, who, upon the
prisoner coming out of the publichouse, gave him
into custody.

The prisoner then proceeded to put a string of
frivolous questions to the witness, and in reply-
ing to some of them, he said he did not see
the face of the man at the garden gate. lle fol-
lowed him to the public-house without seeing his
circumstance that
h
egave him into custody from the
he wore a very peculiar sort of
hat.

Police-constables 51 F and 88 A. said that at-
tention was called to the prisoner by a person not
now present as well as the last witness. Gough,
88 A, asked him if he had a pistol, and he said,
" No." On searching him, however, a pistol was
found, also two glass bottles and a bag, containing
together about 4 oz. of gunpowder, a box of per-
cussion caps, and a bullet.
The pistol, which was produced, bore all the
been discharged,
remaining on the
rpepceern tel ya p
gco
at
hpep efarraagnmc eesn
tos f
ohf a vi
the
nipple.

Inspector Parker read a statement made by the
prisoner last night, from which it appeared that he
had been employed in a large establishment in Dub-
lin and Newcastle during the last few months.
Mr. Vaughan again asked the man who he was?
He refused to answer any questions or to state
where he lived or where he came from. He stated
he had some friends in London, but he refused also
to state where they were.

Mr. 'Vaughan said it was clearly a case for in-
quiry, and therefore he should remand the prisoner
for a week.

WESTMINSTER.

PICKING UP A FLAT YANKEE.—Henry Prior, a
man having the appearance of a stable helper in
holiday costume, was placed at the bar charged with
the following disgraceful fraud :
Mr. Lincoln Percy Kilburn said---I am a mer-
chant. I live at 30, Kensington-gardens-square. I
have to charge the prisoner with complicity with
two others Ln etealiDg my pocket book, containing