The Sun.
London, England, 1844-06-03 00:00:00

THE SUN, LONDON, MONDAY MORNING, JUNE 3, 1844.

ARCHES' COURT, May 31.

THE OFFICE OF THE JUDGE PROMOTED BY TITCHMARSH
AGAINST CHAP3IAN.

Sir H. JsaiNER FUST gave sentence in this case, which was
argued in Hilary term lash It was a proceeding under the
Church Discipline Act, in which the office of the judge was
promoted against the Rev. W. Herbert Chapman, rector of
Basingboum, in the county of Cambridge and diocese of Ely,
for refusing to read the burial service over the corpse of the
infant daughter of two parishioners, named Rundall, who
were of the class of Protestant Dissenters called Independents,
after due notice given to him for that purpose. The articles
charging the offence had been admitted, and a defensive alle-
gation was offered in reply thereto the substance of which
was, that the baptism which the child had received at the
hands of a minister of the Independents, being in fact here-
tical and schismatic, was invalid and null ; consequently,
that the child was unbaptised, and as such was not entitled
to interment with the services of the Church, under the rubric
of the Church of England. The admission of this allegation
was opposed, and the decision of the Court as to its admissi-
bility has stood over (owing to the indisposition of the judge)
till this day. The Learned Judge observed, that the validity
of lay baptism had been determined in this Court and also by
the Judicial Committee of the Privy Council in the case of
Mastin v. Escott ; but a distinction was taken between that
case and the present. In the former case nothing had turned
on the question of heresy and schism, but only on the want
of holy orders in the person administering the rite :
whereas, in this case that question was distinctly raised, it
being averred that the baptism was heretical, the person who
administered the rite being an heretical person. But, although
there had been no absolute decision upon the point in " Mas-
tin v. Escott," the point not having been raised in that case,
and Courts not going beyond the questions before them, yet
a great part of the argument in that case turned upon the
question whether heretical or schismatical baptism was valid
or not ; and he had-no doubt that the same principle applied
to both cases, and that whether the baptism had been per-
formed by an heretical person or by a layman, though irregu-
lar, was valid, and did not require that the rite should be re.
peated. Everyone of the authorities stated that such bap-
tism was not to be repeated; it was therefore valid, and,
if so, the child could not be said to be unbaptised. The
only doubt be had was, whether he should not admit the
allegation in order to have the question more formally
argued, and that the party might carry the case by ap-
peal to a superior court. But there was a mode by which
he could effect this object; although he should reject the
allegation, lie would, if required, give the party leave to
appeal. The Learned Judge then went more minutely
into the grounds of his decision, but (owing to his late
indisposition) in so,low and indistinct a tone, that it was
with great difficulty we could hear many of his sentences.
The main principle was, that if, as had been admitted, bap-
tism by a layman was valid in itself, he could not understand
wherein consisted the difference as respected the validity of
the rite between baptism by a layman and by a heretic or,
schismatic. Both were irregular. but both were valid, and;
in the words of the rubric, the person was " lawfully and
sufficiently baptised." It had been contended that there was,
a deficiency in the rite, and that deficiency might have been
afterwards supplied, had the party lived and appeared before
the bishopfer confirmation; but the want of confirmation
did not disqualify this infant, any more than one paktised by
a persoulii holy orders, from having the burial service read
over it. Some reliance had been placed upon the argument
that the excommunication ipso facto worked at once, with,
out sentence, a disqualification.; but • the Learned judge
showed, froui authorities and upon principle, that such ex-.
communication could not attach till there had been a decla-
ratory sentence; and even then all civil disqualification and
incapacity hatsoever had been taken away by statute. Upon'
the whole, he was of opinion to reject the allegation, but he,
should allow the case to stand until next court-day, for the'
party to apply, if he thought fit, for leave to appeal,

THE OFFICE OF THE JUDGE PROMOTED BY BURDER AGAINST

lIODGSON.

Sir H. JENNER FUST likewise gave judgment in this case,
which was a question as to the admission of the articles in a'
ease of office promoted by the secretary of the Bishop of
Salisbury against the Rev. Charles Henry Hodgson, chaplain
of the county gaol of Wilts, charged with unseemly fami-
liarities with a convict under sentence of transportation. He
held other ecclesiastical preferment, and the effect of this
proceeding was his suspension and deprivation. The objec-
tion to the admission of the articles was, that this Court had
not jurisdiction to inquire into the alleged offence, which was
cognizable at common law, nor to deprive before conviction.
The Learned Judge, however, held that the objection was
not founded ; that this Court was entitled to entertain such a
proceeding against a clerk for the purpose of suspension and
deprivation, and it did not appear from the articles that the
defendant was accused of any crime cognizable by the crimi-
nal law. The present proceeding was of a civil nature, not to
punish the party (though deprivation might entail a punish-
nigit), but to remove a scandal, for it would be a lamentable
thing if those who were under the care of this Rev. Gentle-
man were compelled to receive the sacrament or spiritual
consolation at his hands whilst these reports were in circula-
tion. He should admit the articles, except one,, which
pleaded the inquiry made by the justices.

MIDDLESEX GENERAL SESSIONS.
(Before Mr. Sergeant ADAMS, and a Bench of Magistrates.)
THE WEST-END GAMING-TIOUSES.—On Friday Jolla Har-
low appealed against a conviction of E. H. Maltby, Esci , and
William Cauty and Joseph Evert, against the conviction of
John Hardwick, Esq., for keeping common gaming-houses in
the parish of St. James, Westminster.
Mr. Bodkin; with Mr. Chambers, appeared for the prosecu-
tion ; and Mr. Clarkson and Mr. Wilkins for the defendants,
whose Louses, it will be remembered, were entered by the
police a short time since, and a number of persons fined at the
Marlborough-street Police-court, in consequence of gaming
implements having been-found therein.
Mr. RunKrf observed, upon the cases being called on, that
after the decision in the Court of Queen's Bench, that this
Court had no power to determine appeals except at Quarter-
sessions, the decision of the Bench would. go for' nought, for
want of jurisdiction.
_ _

Mr. CLAILKSON intimated that he was quite prepared to
proceed, and ;should readily meet the Crown do the merits of
the cases, if his Learned Friend thotight fit to let the judg-
ment prevail for the present session ; it was to him a matter
of perfect indifference, but as the defendants, with-their wit-
nesses, • had been brought there through an oversight on
the part of the"Crerle 'to the convicting Magistrates, he
(Mr. Clatitson) thought the defendants ought-to be paid
their.eosts,

The'Leaimed.CnAlßMAN made no_order as to costs, and,
after, some discussion, the cases were ordered, to stand over
until the 12th of July.

POLICE INTELLIGENCE.
(SATURDAY.)
MANSION-HO USI

Sarah Ann Dyer, who had been charged before the
Sitting Magistrate at Guildhall, on Thursday-, 23d ult.,
Nigh having endeavoured to drown herself at Southwark-
bridge, and wln statement of. alleged grievances and
calamities excited much compassion, was brought before
the Lord Mayor .foi re-examination. She appeared to
be the most faithful' representative of rustic simplicity,
and at the me,ment she was put to the bar, the following
certificate from the excellent and most respeCted chaplain
of the Gittspur-street Compter was handed in :---" I
have had a. lengthened conversation with the female
Sarah Ann Dyer. and I think a more distressing case
never came ma]. r. my notice. From the apparent :sim-
plicity of her character I have no doubt her statement is
strictly correct. lam glad to find that she still pos-
sesses so much virtuous feeling as to manifest an anxious
desire to return to her parents, and I hope means will be
afforded to her for that purpose, and care taken to secure
her safe arrival at home:'

. .
The LORD MAYOR asked the officer, in whose custody
woman-was, cbnduct liad been on the bridge:?
The officer said she . appeared to ba in extreme grief,
and said that she was most miserable. Ile felt convinced
that her intention had been to thro.v herself over the
bridge. _ _

The LORD Mayon—Well, prisoner, you have carried
on this game of humbug and hypocrisy with great skill.
The prisoner started, and covered her face with both her
hands.

• The LORD MAYOR-Why, you know you have been
:telling falsehoods, when you said your father was a re-
spectable.farmer at Challerton. Now, just listen to the
t,ccurate• desciption given of you by one who knows you
well.—Here, the Lord Mayor read the following letter
from the agent to the Hampshire Independent,. directed to
Alderman William Hunter, who presided at Guildhall
when she was first examined :

. .
" Newport, Isle of Wight, Tuesday.
• " Sir,—Having this day read an account of a young
woman named Sarah Ann Dyer being place 4 before you,
on a charge of endeavouring to drown herself on South-
wark-bridge, in, order that the public sympathy and the
charity of the humane should not be thrown away upon
an entirely unworthy object, I beg to inform you tbat
her story is a tissue of lies from beginning to end. There
is no farmer of that name in Challerton ; she is the
daughter of a labouring man, and she has not only borne
the character of an abandoned prostitute for many
years; but is well known to most of the islanders as a
convicted thief. It has occurred to me more than twice
or thrice to record her actions. Not long since she was
convicted of stealing a pair of shoes from a Mr. Pearce,
in the High-street, for which she suffered several months'
imprisonment. • 'She was next placed at the bar, charged
with robbing a person named Edward W— of a silver
watch, but the loier being a married man, and the loss
having occurred in a house of a certain description, to
which •he had accompanied her, be was ashamed to
appear against her, and she thus escaped transportation.
She then paraded our streets as a common soldiers' trull,
and aceompanied a detachment out of the island, since
which I am informed she plied her calling in the neigh-
bourhood of Southwark-bridge, and has not long since
been discharged from the infirmary. lam induced to
forward this lest her artful story should command that
commisseration to which I know she is not entitled ; and
flecTrohariesmidisrotßatifeic,livien4itynoosneitrl:iswcealt”atthdeotreadmill would render
you think of that ac-
count of you ?