The Sun.
London, England, 1829-03-24 00:00:00

VICE-CHANCELLOR'S COURT.

SANDWICH CHAPEL-THE ATTORNEY-GENERAL AND
OTHERS V. THE REV. D. R. THOMLASON.

Mr. HORNE applied for an injunction to restrain
the defendant, the Rev. Deny Ray Thomlason, from
officiating as Minister to the Independent Congre-
gation, assembling for Divine worship at Sandwich,
and front collecting the " pew rents" of the said
chapel. The Learned Gentleman at great length
went through the deed of trust by which the chapel
was to be governed, by which it appeared that the
Minister must profess the doctrines of what are
termed " Independent Dissenters," and that the
power of nominating him lay with the majority of
the congregation, but that no one was to be con-
sidered Minister thereof until he had been regularly
ordained. The facts are as follows :—ln July
1827, a vacancy occurred by the then Minister dy-
ing, and the defendant was invited to preach for
four weeks. This he accepted, and in the following
October he received a regular invitation from the
congregation to become their Minister, and they
agreed to give him a salary of 1001. per annum, and
to have a subscription at Christmas. He returned
his answer to this invitation in December, ac-
cepting of the offer, but at the same time stated
that if any disunion in the Church took place
he should consider himself at liberty to leave
them. This disunion bad taken place, and the
greatest discontents in the church had arisen before
the defendant was ordained. A meeting of the cor-
poration was therefore called, and a respectful letter
sent to the defendant, requesting him, for the peace
of the church, to leave them ; this he refused to do;
a regular notice was therefore drawn up, in August,
1828, giving him warning that after the expi-
ration of that year his services would be dis-
pensed with, and his salary stopped; this no-
tice he also disregarded, and boldly told them
be would not leave ; for if the old congrega-
tion had left him, he had got another composed of
sinners, and who could lie preach to better than sin-
ners. He likewise dealt out his anathemas from the
pulpit against the Trustees of the Chapel; and from
that sacred place publicly declared, that " When
tyrants reign, rebels might rise ;" he would there-
fore bid them defiance. The trustees, therefore,
assisted by the majority of the congregation, de-
termined to eject him by other means, and
accordingly, at the expiration of the time they
had given him notice to leave, had the locks
taken off the chapel doors, and new ones substituted;
and on the first Sunday in the year, they, with ano-
ther Minister they had appointed, took possession
of the chapel, and locked themselves ;n; but scarcely
had divine worship commenced, when the de-
fendant, attended by his friends, attempted to gain
admission, but finding the doors locked, obtained a
large sledge hammer, and heat them in, when
they entered the chapel huzzaing, and making
a great noise—and the old congregation were
routed, and the defendant and his party
had ever since kept possession, and collected the
rents for the pews. The Learned Counsel therefore
trusted, under these circumstances, the Court of
Chancery would interfere; he had no doubt of its
jurisdiction, and the defendant did not deny the
facts, but merely contented himself with making an
affidavit, stating that lie considered his engagement
had been for life, and denied the power of the con-
gregation to dismiss their Minister. There was
another affidavit from one of his friends, stating
that it was the desire of many persona that he should
continue to be Minister of the chapel.
Mr. CHING followed on the same side, and cited
many cases to shew the Court had interposed its
authority in cases like the present. It was not a
matter of religion, but one simply of law, whether
or not the defendant had a right to occupy the pul-
pit after he had been desired and received a regular
notice that he was not any longer a Minister thereof.
Mr. SUGDEN was about to address the Court for
the defendant, when he was stopped by
The VICE-CHANCELLOR, who said he would not
trouble him; he was of opinion the deed of trust had
not been infringed, and therefore the Court could
not interfere; it stated that some congregation or
another of " Independents" should have the use of
the chapel for public worship, and it did not ap-
pear that any other doctrines were now taught.
With respect to the squabbles between the parties,
he did not think they were a fit subject to be enter-
tained by the Court, there was not the least ground
for the application, he should, therefore dismiss it,
and that with costs.

The following notice was stuck up in Court this
morning :

MARCH 23, 1829.

" His Honour the VICE-CHANCELLOR doth order,
that in future, when any cause, bankrupt petition,
or other matters, are placed in his paper for hear-
ing, the paper shall be called through only once, and
if Counsel are not in attendance or► each cause, pe-
tition, or matter, at the time it is called on, tho
same shall be strued's out of the paper."

POLICE INTELLIGENCE.

BOW-STREET.

SERIOUS CICARGE.—E. Seager was charged with
having embezzled the sum of 2001., the property of Mrs.
Dyatt.
Mr. Harman deposed that he was one of the partners
in the firm of Harman and Co., bankers. He was trustee
to Mrs. Dyatt, who had an income of 800/. a-year, paid
in two hall-yearly payments of 400/. each. On the 27th
of December he paid the prisoner 200/., which Mrs. Dyatt
had sent for in advance, and was surprised some little time
after to hear from Mrs. Dyatt, stating that she was very
much surprised that she had not received the money she
had sent for. It was then discovered that the prisoner
had absconded with the money.
Mrs. Dyatt deposed, that she sent the prisoner on the
27th of December to Mr. Harman, for 2001., and she had
not seen him since.
The prisoner was allowed to put in bail.

Mr. O'CoN NELL, we understand, leaves town
this day for Ireland, for the purpose of taking part in the
arguments of a most important case, which is about to come
before the Court of Chancery. The Learned Gentleman has
received a retaining fee of 500 guineas. Mr. O'CoNtar.r.
will return again to London in a week or ten days.