The Sun.
London, England, 1844-05-24 00:00:00

THE TOLBOOTH CHURCH CASE.

This was the next case in the order of business ; but
before entering upon it, the Moderator and Dr. Simpson,
oue of the clerks, withdrew from their respective offices,
on the ground that they were members of the Presby-
tery of Edinburgh, and thus parties in the case. Prin-
cipal M`Farlane in consequence occupied the chair dur-
ing the proceedings.
The circumstances of this case are these :—The Rev.
George Smith of Penpont was presented to the Tol-
booth Church by the Town Council of Edinburgh, and
his presentation sustained by the Presbytery. On the
day for moderating in the call, objections were lodged
by fifteen parishioners, two of whom subsequently with-
drew their names. The call, on the other hand, was
signed by thirteen persons, the same number as the ob-
jectors. On Ist December last, the Presbytery found
the objections relevant, and that, though five in number,
they were substantially but three, viz., 1. That Mr.
Smith had been notoriously deficient in the duties of
pastoral superintendence and domiciliary visitation, in
the parish of Penpont and Kilmarnock. 2. That his
style of preaching and manner of expounding the Scrip-
tures was not level with the capacities of the pa-
rishioners generally. 3. That the presentee was not a
qualified and suitable person for the Tolbooth parish,
considering its whole condition and circumstances. The
Presbytery agreed to consider the objections to the
mode of preaching first r and two of the sermons deli-
vered by Mr. Smith in the Tolbooth Church were lodged
in the hands of the Clerk. At a subsequent meeting of
the Presbytery, the Counsel for the objectors failed to
give in a list of witnesses in support of the first objec-
tion, which was accordingly repelled ; and the Presby-
tery, after hearing the two sermons delivered from the
pulpit by Mr. Smith, agreed to the following motion, by
a majority of 14 to 6:—" The Presbytery, agreeably to
their resolution of the 13th instant, having heard the
Rev. George Smith, presentee to the church and parish
of Tolbooth, deliver from the pulpit of the same, and in
the presence of the congregation, two of the four dis-
courses formerly preached by him there, and objected to
by certain of the parishioners—and which two discourses
were considered by the objectors as sufficient in point of
number, and suitable in point of selection for the purpose
of this meeting; having also fully heard the parties for
their several interests, and having thereafter duly con-
sidered and weighed the whole matter, having regard to
the whole circumstances and condition of the parish, and
to the spiritual welfare and edification of the people—.
find, in the discharge of their functions, and in the exer-
cise of their authority and duty as ministers of the Gos-
pel, and office-bearers in the Church, that the second
objection is well-founded and substantiated, and that the
said presentee is not a qualified and suitable person for
the functions of the ministry in the parish of the Tol-
booth, and ought not to be settled in the same, in respect
that in the judgment of the Presbytery, the presentee's
style of preaching and manner of expounding the Scrip-
tures are net level to the capacities of the parishioners,
severally, of the Tolbooth, nor calculated to instruct and
edify them."
The case came before the Synod of Lothian and
Tweeddale on the 14th inst., when it was agreed, by a
majority of eighteen to nine, to "affirm the sentence of
the Presbytery, and dismiss the complaints and ap-
peals."
On the case being called, there appeared for the ap-
pellants, Mr. A. S. Cook, counsel for the presentee; Drs.
R. Lee and Bryce, of the Presbytery of Edinburgh, and
Dr. Bell and Dr. Cook, of Haddington, for the Synod.
For the respondents, Mr. Penney, counsel for the ob.
jectors ; and Drs. Muir, Simpson, and Clark.
After a number of speakers had addressed the Assem-
bly, Dr. Cook moved, that the Assembly sustain the ap-
peal, reverse the sentence of the Synod, and remit the
case to the Presbytery, with instructions that, having
sustained the call, they proceed with all convenient
speed to the settlement of Mr. Smith, according to the
rules of the Church.—(Groat applause.)
An amendment was moved by Professor ROBERTSON,
to affirm the sentence of the Synod, but to remit the
case to the Presbytery, to give the candidate another trial.
On a division, there were, for Dr. Cook's motion, 137;
for Dr. Robertson's, 117—majority for settling Mr.
Smith in the Tolbooth Church, 20.
The result was received with mingled cheers and
hisses, but the cheers far predominated, and the As-
sembly adjourned at half-past one in the morning of
Wednesday.
FREE CHURCH ASSEMBLY.—SAME DAY.

The Assembly met at eleven o'clock, pursuant to pre-
vious arrangement, for sermon and devotional exercises,
in relation to the state of religion in this country. The
sermon was delivered by the Rev. C. J. Brown, of this
city. At the conclusion of the service,
Dr. CHALMERS rose, and said—l have been requested
to state to the Assembly what came next in the order of
the proceedings. But in doing so I cannot refrain from
expressing my sense of the vast and unspeakable import-
ance of the services in which we have now been en-
gaged ; and, let me add, of such services being more
largely admitted than heretofore into the business of the
Assembly. lam almost afraid lest any feeble words of
mine should in any way disturb the impressions which
the preacher, or rather, let me say, the spirit of
God through the instrumentality of the preacher, may
have awakened in the hearts of the audience. Oh
that we knew what it was to have our minds exercised
into godliness so as not only to understand,
but to experience the longings and labourings of,
the soul in earnestness, and is following hard after
Godl Without this we are but a vain show of a Church
—a body without a soul; our sermons but as " sounding
brass and tinkling cymbals"—a mere uttering of the
words of sacredness, while all heedless or unfeeling of
their mighty import, because destitute of that faith
which is " the substance of things hoped for, the evi-
dence of things not seen." And so we can speak—as
has been most solemnly and searchingly told us in the
sermon which we have just heard—we can speak of
God, and Jesus Christ, and eternity, without realising
the sense of these things in our own heart, or of the
things above, or the unseen world to which we are all
fast hastening. I must confess that what most came
home to my own experience, and what I believe told
ao it on the hearts and consciences of all now in this
house, was, that of our not seeking after the fruits of
our preaching; not doing what our forefathers laid on
the elders of the Church—trying to find out the fruits
of the sermons delivered on Sabbath. We discharge
ourselves of the mere performance of our duty without
any further anxiety, as if it were a matter settled and
set by, as it were. The minister has preached, the
people were pleased, and there is an end of the
affair ; and this not merely as to the manner in which
we have performed our work in the pulpit. We may
carry our satisfaction back, not merely to the delive-
rance, but to the preparation of our sermon. I was
not altogether aware of the arrangements of this day,
else it might have been altogether spent in accordance
with the nature and spirit of the exercises wherein
we have just been engaged—that is altogether Sabha-
tically—instead of which I had to pass, by an instant
transition from the labours of a Committee engaged in

important, no- doubt, but still outward business—to pass
from this to the most sacred and spiritual services of the
House of God, What a change 1--what an enlarge-
ment I—what a felt and immediate translation, as if one
had entered a new c, wary or a new climate, when he
carte withi t the precincts of this house and breathed its
holy atmosphere, and joined in its saintly devotions !
It is true I came not from the stormy elements of debate
came not from aught of that " strife of tongues"
from which the Psalmist longed to hide himself
in the especial presence of God. All was kindly
and generous and Christian-like courtesy. And if
there be a wide difference between the best and highest
place on earth and the lowest place of Heaven, let
us not wonder that there should also be a difference
between the blandest of human companionship when
the theme is the Church's secularities, and the whole
tone and temperament of this higher fellowship when
we have met to celebrate the most solemn of the
Church services, to listtn to the man of God, and to join
in breathing aspirations after higher and better things.
Let us, therefore, make a strenuous endeavour—let us
cherish it as our fondest hope, that all our external ar-
rangements may soon be settled and set by, that so the
ministers of God may be set free for giving themselves
wholly to prayer, and the ministry of the word. Oh,
that this delightful spirit may wax stronger and stronger
amongst us every day, and may be sent forth from
this Assembly, as from a centre throughout the
Church and throughout the land. Then would it
be a gladsome land truly, when the religion of the
ministers told upon their congregations, and these again
upon their households, until from one end to the other
there should be heard throughout our borders the
melody which dwelleth in the habitations of the right-
eous. Oh that we were sufficiently impressed with the
solemnity of our work, and were unceasing in prayer
for that unction from the Holy One, without which we
can neither save our own souls nor the souls of others !
I do hope that our secular business will be indefinitely
abridged—and whereas the secular has hitherto over-
shadowed the spiritual, that in all time coming the spi-
ritual will be made to overshadow the secular, so that in
point of fact this will become a great spiritual anniver-
sary—a Christian jubilee, so to speak—a day of refresh-
ing from the Lord, and that from a central and
commanding part of the country a stream may go
forth, and an impression be Towle on the minds of
our Christian ministers that this • impression will
, be husbanded and kept, and prayed with and
prayed over ; and not only kept fast, but acted upon,
so that out of this . fountain-head may emanate such

streams as shall tell on hundreds of 'congregations and
many thousands of the household of our beloved land,
and that our Church may become, through the descent
of living water from the upper sanctuary, like a well-
watered garden, abounding in all the pleasant fruits of
righteousness. The Rev. Doctor concluded by intimating
that, the evening sederunt would be devoted to conversa-
tion on the state of religion in this country.

THE LATE COLONEL FAWCETT
AND MR. MUNRO.
TO THE EDITOR OF THE TIMES.
Sir,—l have not hitherto thought it necessary to offer
any remarks upon the correspondence lately published
in the Times, regarding the unfortunate duel between
the late Lieutenant-Colonel Fawcett, C. 8., and Mr.
Munro, nor should I do so now, were it not that
Mr. Munro, in his letter to you, of the 20th of
April, has mentioned me several times by name,
and attributed motives for my conduct which are to-
tally at variance with the real state of the case. As
regards the " instructions," as Mr. Munro calls them,
given to me by Colonel Fawcett being so imperative as
to leave me no discretionary power whatever. I have
only to remark, that they have been already published,
and lam perfectly willing to be judged by them. As
to what passed between_ Mr. Munro and Mr. Grant, I
can of course have no knowledge of it whatever ; but,
in justice to the memory of Colonel Fawcett, I feel
myself bound to contradict the statement made by Mr.
Munro, to the effect that I was of opinion that Colonel
Fawcett intended to kill him, or " that he (Mr. Munro)
was moved at my suggestion off a target on which he
would otherwise have been placed, and whirls plainly in-
timated the intentions of my principal." The reverse is the
fact—Colonel Fawcett solemnly assured me, previous to
the affair taking place, that although he felt himself forced
to meet Mr. Munro, no consideration whatever should
induce him to fire at the husband of his wife's sister, and
such was the case, as he did not discharge his pistol
at all.
In corroboration of the above, I beg to inclose a lAter
I have received from Major Daubeney, C. 8., 55th Regi-
ment, who attended him until his decease, and which, I
trust, will sufficiently prove that Colonel Fawcett not
only did not fire at Mr. Munro, but moreover, that he
never had any intention of so dying.
I have the honour to be, Sir, your obedient servant.
W. H. L. D. CUDDY, 55th Foot.
Junior United Service Club, May 22.
Junior United Service Club, May 19,1844.
My dear Cuddy,—l was with Colonel Fawcett about
two hours after he was wounded, and attended him, with
little intermission, until he died.
He repeatedly expisesed in my presence his thankfulness
to the Almighty, :not only that he had not fired at Mr.
Munro, but also that he had never intended to do so. He
also told me, that although he had felt himself forced to
meet Mr. Munro, he did so merely as a point of honour,
and that it was his intention, had it been so permitted,
to have left the ground with you immediately after re-
ceiving Mr. Munro's fire, adding also that you were per-
fectly aware of his intentions on that head.
I should state that Colonel Fawcett appeared to be
perfectly aware that he was dying at the time that he
made these observations, and that the clergyman and
surgeon who attended him in his last moments can
doubtless corroborate what I have said, if necessary.—l am,
my dear Cuddy, yours most sincerely,
C. B. DAUBENEY, Major, 55th Foot,
W. H. L. D. Cuddy, Esq., 55th Foot.

The Chancellor of the Exchequer acknowledges
the receipt of 10/. sent to him by some person unknown
for conscience-sake, which money has been placed in her
Majesty's Exchequer.
Lord Ossulston and Mr. J. A. Baker Cresswell,
members for North Northumberland, have been re-
quested, by a memorial from Alnwick and its vicinity,
bearing about 300 signatures, to support Mr. Villiers's
motion on the corn-laws.—Tyne Mercury.
Admiral Sir Courtenay Boyle, Bart., died on
Tuesday, in his 74th year. He was second son of the late
and brother to the present Earl of Cork and Orrery, married
1799, daughter of the late William Poyntz, Esq., of Midham,
Berks, by whom he has left issue Captain Courtenay Boyle
and the Hon. Miss Caroline Boyle, Maid of Honour to the
Queen Dowager.
MR. BURFORD'S PANOMAR A.—Prince Albert, ac-
companied by Colonel Wylde, honoured Mr. Burford's
panomara with his presence on Wednesday last. The
Prince's visit was entirely unexpected, and consequently
no preparations were made to receive him. This, how-
ever, did not appear a source of the least regret to his
Royal Highness, who, having first viewed the magnifi-
cent picture of the island and bay of Hong Kong, in the
large circle, with which he expressed himself highly
gratified, ascended to the upper room, to inspect the re-
presentation of her Majesty's meeting with Louis Phil-
lippe at Treport, the life and accuracy of which were
warmly appreciated by his Royal Highness, who sub-
sequently visited Baden Baden in the smaller circle, with
which town, being so intimately acquainted, the Prince
graciously expressed to Mr. Burford his high approba-
tion of the fidelity and accuracy of the view.
The sum of 5001. has been raised in Manchester
for the relief of the parties injured by the fire at the
theatre in that town. _ _

The Earl of Cardigan pays 4301. a year for his
mansion in Stephen's-green, Dublin. IN hen occupied by
Lord Manners, the rent paid was 8001.
SHOAL OF WHALES.—Bantry Bay has been the
scene of great excitement, high enjoyment, and most
valuable occupation to the people of that locality, this
week, in consequence of a very large shoal of whales—
grampus species—which entered that harbour on
Monday, and found their way to the romantic bay of
Glengariff on Tuesday, the evening of which day
found all kinds of boats, weapons, and missiles in
requisition for the attack on the herd. An immense
number were secured. A correspondent states three
hundred, the value of which be computes at 1.5001.
Nothing could exceed the spirit-stirring character of
the whole scene, enhanced as it was by the beautiful
weather and splendid scenery of the bay.--Cork Reporter.
STEAM-BOAT LAUNCH. —On Wednesday after-
noon a new steam-boat was launched from the building
yard of Messrs. Heighington, Battersea-fields. She is
called the Sunbeam, and is intended for the Putney
trade, to run inconjunction with the Rainbow, Thunder,
and Lightning. As a specimen of river craft she is un-
exceptionable. Her dimensions are as follow :—Ex-
treme length, 95 feet; breadth between the paddles,
12 feet 8 inches; and depth, 7 feet. She is built on the
diagonal plan, with three "skins," or linings, the two
first at an angle of forty-five degrees, and the outer one
longitudinally, the wood used being African mahogany.
All the modern-improvements have been adopted, both
in her build and internal arrangements, and it is ex-
pected that she will beat even the Rainbow, which is the
fastest low-pressure boat up the river. The Sunbeam
will be propelled by two low-pressure engines of four-
teen horse power each, and furnished with Spillar's pa-
tent boiler. A select party were present to witness the
launch. _ _

DUBLIN, MAY 21.—THE POSTPONED JUDGMENT.
—lt is probable that the Judges of the Queen's Bench
will not pronounce their judgment upon the motion for a
new trial until Thursday, the second day of term. The
Courts will not be formally opened until about one
o'clock, and the routine business, which is unavoidable,
will very probably occupy a few hours after their Lord-
ships take their seats on the bench, so that they cannot
have sufficient time to give their opinions seriatim and at
length, as it is expected they will.
BARBARITY IN BURTON-CRESCENT.—Considerable
sensation has been excited amongst the casual visitors to
Burton-crescent by a piece of extraordinary ferocity on
the part of the authorities. It appears that the iron
posts at the corners of the streets in that neighbourhood
have long been the victims of juvenile leap-frog, and it
was feared that the constitution of the posts would not
be strong enough to prevent them from gradually wear-
ing away under the grievance. So far public feeling
would go with the authorities, who have a right to pro-
tect their posts to any reasonable extent ; but, in an
evil hour, the inhabitants have planted spikes on the
top of those posts—so that the boys, who cannot be
deterred from jumping over, are now in danger of
being impaled on the top of them. We have looked
closely into the law of leap-frog, and searched for a
statute on street-posts, but we can find nothing to jus-
tify the frightful cruelty that has been resorted to. The
old thumb-screw was the last remnant of Saxon savage-
ness, but the ten-penny nail has never been recognised
by any of our jurists, from Coke to the " Comic
Blackstone." Even the holdfast, as an -instrument of
legal torture, is, about to be abolished, by doing away
with imprisonment for debt ; and we therefore call upon
the authorities of Burton-crescent to erase the spike
from their criminal code immediately.—Punch.

AN EXCELLENT CHANCE FOR THE FAIR SEX.—
The following appears as a bona fide advertisement in a
Welsh paper:—" OPEN TO ALL WALES.—A handsim
young Gintlemin, whose extrame bashfilness has intuced
un to adapt then inooshal mode of curtship, is wilful
o disposing o his hint an hart to the Savoerneen dar-
lint who is of real blud—tarnation its delicate soomitre
—plays the piane an bates the echoes o Killarney in
voice. Fortin of no considirashun, bane himself un-
kimmin rich!—Addres to ***, Cardinganshire."
THE LATE ACCIDENT AT LONDON-BRIDGE.—On
Wednesday Mr. J. Payne held an inquest at the New-
castle Coffee-house, St. Mary-at-Hill, on William New-
ton, aged fourteen, one of the youths who lost their
lives by the upsetting of a wherry-boat, at London-
bridge on last Sunday evening. The evidence of nu-
merous witnesses repeated the facts connected with the
melancholy occurence that have already appeared.
In the course of the inquiry the jury were in-
formed that the Wardens of the Watermen's Company
were about to adopt such effectual measures as would
prevent a similar accident again occurring. The police
have also received positive instructions to take into cus-
tody any waterman who hereafter allows a greater num-
ber of' persons in his boat than he is licensed to carry.
The jury returned a verdict of " accidental death." and
the waterman, Williams, was called in and cautioned
as to his future conduct, his improper and illegal be-
haviour having been the cause of the loss of so many
human beings. •
THE METROPOLITAN IMPROVEMENTS—EXTENSIVE
SALE OF HousEs.—The Commissioners of Woods and Fo- ;
irieosut
ss
es
havesitug e nonintshterulcintieonosf for
st r the of
ceho fi
sa ltaor ge
oe
onouomo
tber oOx-
ford-street and Holborn. About seventy houses on the south
side of Buckeridge-street, and Ivy-street, St. Giles, are to be
disposed of by private contract, in three tenders, which, with
the sixty forming the south of Bainbridge-street, and the
north of Buckendge-street, lately sold, will complete the
whole of the buildings to be taken down in that locality.
On Monday two large houses in Charlotte-street, above
o view. Te
There
e
Bedford Chapel. were sold by auction ; arid in a few days,
eight houses in Holborn, to the east of Lyon-street, with two
in that, street, will be disposed of in a similar way. These
h
are expected to be cleared away in the course olfewa.
month,
when the line of the street will be exposed t •
will then be but a few more houses to be sold. Most of the
houses in " the Rookery," are said to be in such a decayed
state that they are not worth more than 51. each. A new
sewer is being formed in Broad-street, St. Giles's, in connec-
tion with the new street, and at the end of Great St. An-
drew's-street, in continuation of the street from Long-acre,
Kane large and substantial buildings are being erected.