The Sun.
London, England, 1844-11-02 00:00:00

EXCHEQUER.-(THIS DAY.)

TILE OPERA OF LA SOMNAMBULA—ROSET V. PUEDAY.
Mr. CRAMPTON applied for a rule nisi, under the
new Copyright Act, calling upon the plaintiff to
expunge an entry at Stationers' Hall, of ten books of
the opera of La Somnambula, or to restrain him from
using it at the trial. The opera was written and
represented in Milan in 1831. The plaintiff brought
several plates of the music to London, and having
entered them at Stationers' Hall, published them.
The defendant also published copies, and continued
doing so, for a period of eighteen months, until the
late Copyright Act camp into operation.
Rule granted.

COMMON PLEAS.—(THIS DA!
The Lord Chief Justice, Mr. Justice Coltman, )l,t
Justice Erskine, and Mr. Justice Cresswell took their
seats upon the bench at a quarter past one o'clock.
The Judges came this day to the hall in the form
of procession which was, until lately, always us
on the first day of term. But the present Lord Chan;
cellor discontinued the custom, and has arrang'
that the Chancellor's entertainment of the Judges :
breakfast, and the subsequent procession in state
Westminster hall, shall take place only at the open;
ink; of the term following a circuit, as was the en
this day.

NEWTON V. HOLVORD.
This was an action for illegal distress and false
prisonment, breught by the plaintiff, a barrister,
against the defendant, the sheriff of Gloucestersbil
The case was tried at Gloucester, and the jury f°lll/
for the plaintiff, with damages 50/. The particulgl
of the case, and various matters connected with 11
have already been frequently before the public.
ale
Mr. Sergeant TALFOURD this day obtained a, ,
nisi to set aside the verdict, on the ground of its boil°
against evidence.
Several other conditional rules were also obtailie3'
but none of the cases were of particular interest.

ARCHES' COURT,—(THIS DAY')
(Before Sir HERBERT JENNER FusT.)
TILE OFFICE OF THE JUDGE PROMOTED By 211%,
MARSII AGAINST CHAPMAY, CLERK.—THE BA°
BOURNE CASE.
rilljem
This was a suit promoted against the Rev.
Herbert Chapman, vicar of the parish of Basil:
baurne, in the diocese of Ely and province of Canted
bury, calling on him to answer certain articles s"to
interrogatories, which charged him with refuslbp
bury the body of Jane Rumbold, daughter of .1414
Rumbold, contrary to the canons and rubric 0' hie
Church; firstly, for having refused to perform 41,
office in the year 1840 ; and secondly, in the year 184 of
Numerous affidavits were read, the articles.;
which exhibited that John Rumbold was a lah°llrnin'e,
man, and a parishioner of the Rev. Mr. ChaPms"o,
although he was a member of the Independent Otto
gregation, of which the Rev. Mr. Moore was, 'le
minister. Upon the death of Rumbold's
1840, he went, accompanied by a person na""fe
Hopkins, to the Rev. Mr. Chapman, and Slip'
him • that " convenient notice" which was the
accordance with the canons, by saying to
Rev. Gentleman he wished him to " perform '
office," in burying his (Rumbold's) child ; but Wei;
Chapman refused to do so, on the ground that die
deceased had not been baptised according to .5‘
forms of the Church of England, but that the eaciii,
ment had been administered by a minister of an ;he
dependent congregation, and he also alleged that ;to
child had not been baptised at all, although
Reverend Mr. Moore had informed Mr. Clulfti
that he (Mr. Moore) had baptised the deceased, an `;s
desired Rumbold to be at church at half-past the
o'clock, when the Rev. Mr. Chapman would reseLot
burial service. The articles further stated at cc,
length that the child had been baptised by the
Mr. Moore with water, in the name of the Triil3,loo
The deceased was taken to the churchyard, and ,;teil
thence to the porch of the church at the apri,',ol
time, , when Rumbold begged of Mr. ChaPF,oti
to bury the child, saying, at the same ."j"
" I will pay you whatever fees you may derunif
To this the Rev. Mr. Chapman replied, " I posit°:;to
refuse to do so," and the same answer was gise:t
several subsequent earnest entreaties on the rttilt,
the poor and bereaved father with a similar rd his
The consequence of this refusal was that he an id
friends and neighbours who attended the funers'halc
to return home (a very long d stance), taking ""efit
the corpse which was still unburied at the e5O
moment, and was, therefore, more than fourr
Ye 0w
now above ground through the refusal ef, to
Rev. Mr. Chapman to bury any person be10n03704
a Dissenting congregation. When the apPlic9de
was made to Mr. Chapman, subsequent to the fop
ceased being brought to the church, he had a PeA"iii,
who was an attorney's clerk, and before that in the
dual he said, " I refuse to bury the child forded,
reasons I gave before." Those reasons were ti° $0
stood by all to be, because the deceased Wasjp
heretic. Written notice was served uponi, iof
Chapman, shortly after the decision of the io
Council in the Gedney case. Rumbold sW°l.,eftile
his affidavit that Mr. Chapman offered to pay ha', be
fees of burial at the Independent chapel, 13°,,"here
(Rumbold) refused to have his child buried there
because his wife and ten children were buried ill
parish church.
On the part of the Rev. Mr. Chapman it Was ""ibst
that the courts of common law held,
~, fot
where a suit was instituted against a clergy drat
the non-performance of his office, it was essentituoth
due proof of sufficient notice, according to the.
‘,OO
canon, should be given of his having been called vrarcl
to perform this office before the Court could Olio,
damages against him, and that if it were otherylud
all the clergy of the dioceses of York and Canterboil
would be at the mercy of every parishoner wh° hsd
an against him. Mr. Chapman had not
era
sufficient and convenient notice, and therefore tbre,
could be no grounds for asking the Court tP P
nounce judgment upon the Rev. Gentleman. via
The Learned Advocates upon both sides ha
addressed the Court,
Sir HERBERT JENNER FUST said, perhaps it
_gni4

have been better if there had been more testion,
with respect to the fact of due notice. Hovveveortio
it was, the case was closed for the present, and
stand over for judgment.
The case was then adjourned indefinitely.

BANKRUPTCY.-(THIS DAV.) DS
re
A few cases of an unimportant character vir,-.006,
down in the paper for hearing before Mr. Como:l44lS
Goulburn, but they were all unopposed, and therelv
1) general interest.

1131#
THE ROYAL EXCHANGE.—One Of the novel . dye
pravensents introduced here, and to which we onlitteaff
do justice iu our account of the opening of the Exchijroo
is a simple contrivance to assist in ventilating the P°o
of the building appropriated to Lloyd's. It 0910
merely in what is called a " wind-guard." I‘,.aefs(
attached to the top of the chimney, and in iv"`"ecce
direction the wind strikes it, an upward current is de,
sioned in the chimney. It is an invention of 0. Ote ,
man of the name of Day, and its extreme simplic,":flise'
efficiency has led to its being fitted up at viablie
Castle, most of the club-houses, and many of our P
buildings. b Pt!,
FATAL ACCIDENT.—Last night, shortly' „600 i,
seven o'clock, the time for commencing the peril- 4'l'oa'
at Cooke's Circus, situate behind the Grove, ilac.,„eset
the wind visibly shook the awning, without, b°,7tb
exciting alarm. Suddenly, after a violent go;of
1
ropes attached to the centre poll, supporting the,iftie
opposite sides, snapped, and the huge mass of e'—issti?,
amid the most terrific screaming from all parts, Wiles i"
fell to the earth. The centre pole, twenty ine
circumference, struck Mrs. Isbiter ; near her so; sn-ut
Mrs. Laws, a relative, whose child was knocked gh
her arms, and conveyed home in a dangerous stete'maiSP,
unfortunate lady was picked up, the blcod
copiously from her head, and conveyed to the Giles'
Horse. Mr. Thomas, of Dr. Toulmin's, and gr' estel4
.surgeon, promptly attended, and endeavoured to 110100,
animation, but without effect. The unfortunate ill ists'
shortly afterwards ceased to breathe. Her beitotecl-!
literally crushed, and her face altogether Presed, thß
most appalling spectacle. As might be expect eot tlito
utmost excitement prevailed among the visitors
Circus, who, after great difficulty, were relies'opo
their novel and somewhat perilous position. A, stej
child, on the latest inquiry, remained in a hopee.'"seC°Po
SOCIETY OF BRITISH MUSICIANS.--The sro'n
meeting of this Society took place last night 11l isc
Rooms, Berners-street, and there was an unusOror
the
attendance of visitors. Miss Orger's clever tri; bi
pianoforte, violin, and violoncello—well playeclcela tl7,
authoress, Mr. Case, and Mr. Hancock—coran3el3gr. P.
evening, succeeded by a quartet from the pen 0' viss
Graves, which was heard for the first tunes ..b 00(4,
work of considerable merit, was listened to vrl',s if',
pleasure, the scherzo being encored. Beetbos3l",
iu B fiat, Op. 11 ; and Spohr's Nonetto, Op. ~fiss $
the other instrumentalisms. Miss Cubitt, '
The fit
ff
Groom, and Mr. Seguin were the vocalists. iiita
sang a sweet air by J. Henry Griesbacb, very
and also joined in a duet of Balfe's with Mr. and Tie
the second a MS. romance, by C. E. Stephens ifroai test
third J. W. Davisons's characteristic song raosiltr,
vocal illustrations of Shelley, " Rough wind that sod Pe,
loud." Mr. E. E. Horsley was the director ;qtafor„
J. W. Davison accompanied thesingers on the
.Vjos.o'ce
SCHOOLS, BY TIIE QUEEN'S COMMAND, IN ss
PARK.—Her Majesty and his Royal Highli,F,_,aools,De
Albert have long contemplated the erection 01.; for `.A
a convenient situation on the royal delidrelii,ees
education of the park and gamekeepers' e,.viog
spot, admirably adapted for such a purposes ".,aberilloo
selected at the west end of the gardens at Cue'-01,, der
lodge, about a mile from the statue of Georgited
necessary plans of the intended building, execid
the orders of the Commissioners of Woods 4r Mitieebt•
were submitted to, and approved of by, Li of
The building will be in the Elizabethan sty e„01,
anSerected at the cost of about I;sl'e.
will t.,," defrayed by her Majesty and the Frinv'o.---,,,,ey,
DEATZ
have to ann OF
ot: TUE COUNTESS or 13E115
afe:ll
nee the demise ,of Mary, Cou Der
who expired on :Wednesday last, at Crsull vesr. 30th
The deceased Cow. Less was in her 77t;tlirrieceleil
Ladyship, who was slant liter of W. Cole,....,arioerri‘orjs,
of March, 1785, Frederick Aug ustus, of iJoged.
hut which marriage was decided be the!) P:96,.t0
in 1811, after a protracted inquiry, not. too, may, 1 dis•
The Earl was, however, married 16tbrii'on was Too
by the No.
her Ladyship, the legality of whiel; I,l,oantess
puted. By tbe late Earl the deceased namely,. g. Y‘•
six children, four of whom survive, captalloretos
Fitzharding, Earl Fitzhardinge, the Ats 3to Ft
Berkeley, R.N., married to Lady Char
.Augustivie
sister of the Earl of Ducie ; the lil'obo P3so.l',
Berkeley, married to a daughter of Sir t'
33erIcelel'
s 1
King ; and the Hon. Francis Henry F. jsfortor''s.r
and after the marriage of 1796, Thoniericelel. joy,
Berkeley, the Hon. George Grantley F-crto gr. a poi
Lady Mary ; Lady Caroline, mari'le atf., $l2
Maxse ; the Hon. Craven F. Berkeley, *-T
Emily, married to Mr. Syclgpy Capel•

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