The Sun.
London, England, 1850-04-15 00:00:00

THE SUN,

THE BISHOP OF EXETER V. GORHAM.

Sir FITZROY KELLY said he was instructed, on behalf
of the Bishop of Exeter, to move for a rule to show cause
why a writ of prohibition should not issue to Sir Her-
bert Jenner Fust, the Dean of the Arches Court of Can-
terbury, and the Archbishop of Canterbury, prohibiting
them from proceeding further in a moniticn or citation of
the Right Reverend Father in God, the Lord Bishop of
Exeter, requiring him to return to that court a certain
presentation by her Majesty of the Rev. George Corne-
lius Gorham to the vicarage of Bameford-;;peke, in the
diocese of Exeter, and the county if Devon, and from
proceeling in carrying into effect the recent judgment of
the Judicial Committ,ee if the Privy Council in the case
of `• Gorham v. the Bishop of Exeter." Ile had to make
this motion on the ground that the Court of Arches
having pronounced judgment arid sentence in the case to
which he had adverted, and an appeal having been made
from that judgment to her Majesty in Council, upon
which, and on the report of the Judicial Committee of
Privy Council, her Majesty had been pleased to reverse
the judgment of the Court of Arches, and t) remit the
case back to that court, with certain directions
founded upon that reversal, and that, inasmuch
as it would appear by Act of Parliament that
the appeal in a matter of this nature from the Arches
Court at Canterbury, lay not to her Majesty in Council
or to the Judical Committee, but to the Lipper House of
Convocation, and to that tribunal only, and that the
proceedings before her Majesty in Council and the
judgment pronounced thereupon, were entirely null and
void in law. Her Majesty had the right of presentation
to the vicarage of Bampford Speke by virtue of her
Crown, and she had presented Mr. Gorham to it by
letters patent; and this being a matter purely affecting
the rights of the Crown, he contended that the appeal
from the Arches Court lay not to her Majesty
in Council, but to the Upper House of Convo-
cation, and that this being a question involving
no point of temporal interest, but only matters of spiritual
doctrine affecting the Church of England, the Upper
House of Convocation, composed as it was of dignitaries
of the: Church, was a tribunal much better adapted for
its satisfactory settlement than the Judicial Conamitteee
of the Privy Council.
Their Lounnurs intimated that they would look into
the authorities bearing on the case, and give their deci-
sion on a future day.

EXCHEQUER.—(THIS DAY.)
Before the CHIEF BARON, and Barons PARSE and

ROLFE.)

This being the first day of Easter Term, the court
was very crowded. Several of the new Queen's Counsel
were present who had been created since the last sittings,
and took their seats for the first time under the bar.

COMMON PLEAS—(THIS DAY.)
(Before the Lord Chief Justice WILDE, and Justices
CRESSWELL, WILLIAMS, and TALFOURD.)
This was the first day of term, and the business of the
Court this morning consisted of motions, and presented
no feature of interest.

ARCHES COURT.-(THIS DAY.)
Before Sir Join; DODSON, Knight, who sat as Surrogate
for Sir HERBERT JENNER FUST.)
GORHAII V. THE BISHOP Or EXETER.

In consequence of the decision of the Privy Council,
a monition was issued from this court calling upon the
Bishop of Exeter to send in the letters of institution, in
order that Mr. Gorham might be inducted to the living
of Bampford-Speke.
Upon the Judge taking his seat to-thy,
Mr. BOWDLER, the proctor for Mr. Gorham, said—l
beg to inform you, sir, that no return has been received
to the monition which was ordered on the last court day
to be served on the Bishop of Exeter. I beg to pray
that a certificate of its continuation be granted.
JUDGE—Has it been served? Mr. BoWDLEII—
air.
JUDGE—The presentation has not been sent in by
the Bishop then? Mr. BOWDLER—No, air.
JUDGE—Does any person appear for the Bishop?
Mr. BOWDLER.—No, sir. Mr. Tatter is absent, and
therefore we may trust you will grant a certificate of the
extension of the monition.

JUDGE—We order the case to stand over.
The effect of the Bishop not sending in the institution
papers will be, that on the next Court day (May 8)
ulterior proceedings will be commenced against his Lord-
ship.

CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(Before the COMMON SERGEANT and Mr. Alderman
HUNTER.)
BURGLARY.—A respectably-attired middle aged man,
named John Burns, was convicted, in conjunction with
his son William, a youth aged nineteen, the first of re-
ceiving and the second of stealing from the dwelling •
house a time-piece and ether articles, valued at 51., the
property of George Edwards. It appeared that the
youth was a practised burglar, while the father acted as
the receiver. •
The Comma.; SERGEANT sentenced the father to
twelve months' imprisonment, and the sou to be trans-
ported for ten years.
(Before Mr. Baron PLATT.)
STEALING PROM THE PERSON.—A young woman,
named Jane Knight, described in the calender as a spin-
ster, was indicted tor stealing three sovereigns from the
person of Mr. Charles John Cowell. The prisoner
pleaded not guilty.
Mr. PAYNE prosecuted, and after a brief detail of the
circumstances, the Learned Gentleman called
Mr. Cowell, the prosecutor, who deposed to the facts
as follows :—I am a clerk to a solicitor, and I live at 57,
Queen's-row, Walworth. On the night of the Ist of
April I was in the Albany- road about ten minutes
before nine o'clock, when I met the prisoner at the
bar, who came up to me. She said, "How do you do;
are you good-natured, my dear; what will you stand?"
I replied, that I wanted to have nothing to do with her;
but not content with this answer she laid hold of me
round the neck with both her bands, and pulled me into
a court. I tried to get away, but could not, and while
I was struggling with her two men came up, and one of
them said " Hullos!, old gal, you are drunk; why don't
you leave the gentleman alone?" I thought from this
that they were going to take her off, but I was previously
mistaken, for instead cf doing so one of the men came up
and placed a handkerchief or cloth over my eyes, which
had a disagreeable smell about it. I then concluded
that their object was to rob me, and accordingly I re-
newed my struggle to get away, and struck
one of them. In return for this I received a
blow which felled me to the ground, and as it rendered
me insensible I do not remember anything afterwards.
I had three sovereigns and a half when I met the woman,
who bad managed to drag me up a court, but when I
recovered the money was gone. I must have been in-
sensible about ten minutes.
A police constable deposed to having been on duty in
the Old Kent-road on the night in question, when he
saw the prisoner, about a quarter-past eight, in company
with two men. He bad known the prisoner for three
years, and during that period she had several times been
n custody as a disorderly prostitute.
A second constable deposed to arresting the prisoner
on the following night, but she dented all knowledge of
the robbery or having been in the Old Kent-road on the
night of the Ist.
This was the case for the prosecution.
The prisoner, who was undefended, reiterated her
denial of the charge, and declared that during the three
years she had " walked " the Old Kent-road she had
never committed a robbery, or done anything to be
ashamed of.
The Learned JUDGE having summed up,
The jury, after a few minutes' consultation, returned
a verdict of Guilty, and the prisoner was sentenced to be
transported fur 15 years.
STEALING PLATE.—Edward Dawson, a labourer,
aged 23, and George Parraty, a sailor, aged 22, were in-
dicted for stealing fire spoons, five forks, and one knife,
valued at 7L, the property of Dr. Miller, of Welbeck-street.
The property was stolen from the doctor's house between
three and four o'clock of the 22d March. Previous to
the robbery the two prisoners had been seen loitering
about the neighbourhood, and when information of the
robbery was given to the police, about five o'clock, the
description of the prisoners was immediately recognised.
They were arrested together the same evening in Crown-
street, Soho, on suspicion of another robbery, and on
being searched the plate in question was found upon
Dawson. A desperate struggle ensued at the arrest,
both prisoners making fierce efforts to escape, but
they were at length overcome, when Dawson
said to the officer " Never mind, Harry, just take your
hands off, and I will give you the ' wedge,'" a slang
term for plate; but the officer declined the offer, obser-
ving very politely, "Thank you; allow me to take it
out of your pocket myself," which he did.
Dawson, in his defence, said on the day of the robbery
he went to Chalk-farm to see the gymnastic exercises,
and while be was there he saw two boys burying some-
thing in a field. After the boys went away he examined
the spot, and found the plate in question. He imme-
diately returned home with it to consult his wife what
, A pouncedyN addressed
s him.s
e the
fir. iu
he should' do with it, and by her advice he was on the
way to Bow-street station, to deliver it up, when the
police
jury for the prisoner Par-
raty, and called a couple of witnesses to prove that he
was working at his trade from nine o'clock in the morning
of the 22d March till half-past five in the evening, and
Vlerefore he could not have been seen near the place of
the robbery. His being with Dawson at the time of the
arrest was explained in this way—he left work in the
neighbourhood of Oxford-street, and was returning home
down Crown-street when he met Dawson, with whom he
had a slight accpmintance, who invited him to have a
glass of ale, and they were on the way to a public-house
when the police came up.
Mr. PARNELL, in commenting upon this evidence, ex.
pressed some surprise that it was not produced before
the magistrate.
TheOn L
One ofe. thetre Learned
JUDGE
ts
asked
dd
howou it was then that theyt, " Why, he was there!"
were not examined? Witness—Why, these policemen
would not let us into the court.
The Learned JUDGE having summed up,
The jury found both prisoners Guilty, and the Court
sentenced Dawson to seven, and Parraty to ten years'
impri3onment.
THE ATTEMPT TO EXTORT MONEY.--The five men,
John Bennett, William Laidler, Henry Tiddiman, John