The Sun.
London, England, 1829-01-08 00:00:00

LAW iNTELLIUENCE.-(THIS DAY.)

COURT OF KING'S BENCH.
SASHAM t. SIR W. LUMLEY. •
Mr. ALDERsON opened the pleadings in this ease,
stating that it was an action to recover compenssi.
tion in damages frem Sir Wm. Lumley, Governor
of Bermuda, for falsely imprisoning Baaham, the
plaintiff, and James Till, two of the churchwarden's
.of the parish of St. George's, Bermuda, in the
year.lB2o. •

Sir J:t3tEs ScArti,ETT stated the case to the Jury.
The .plaintiff, as his friend had stated, was one of the
churchwardens .of the parish of St. George's, Ber-
muda, chosen by the sestry which had been accui.
fumed to conduct the affisirs of that parish, to act
for the year 1820. The dcfe&idant was formerly
Governor and Ordinary of Bermuda. In conse.'•
pence of a fever having been raging in the island
the year before. plaintiff came into office, no as-
sessment was collected fur that year, and conse-
quently the defendant and his colleague had to
collect a double assessment. It had been
usual for the vestry, to whom the church-
wardens had always presented their accounts when
made up, to allow those officers 30 days after the
expiration of the year during which they had filled
their office, fur the purpose of enabling them to.
make up their -accounts. The churchwardenA,
however, in this case haring had to collect a double
assessment, it was voted unanimously at a Vestry
Meeting that they should be allowed sixty days in •
stead of thirty. ,On the 17th July, 1821, after th
churchwardens had served a year, and before th e
sixty days allowed them by the Vestry had expired
a Vestry Meeting was summoned, at which the
Governor, Sir William Lumley, took the chair as
Ordinary. The plaintiff was not present at that
meeting, and was pursuing his trade as auctioneer in
selling some property at the house of a Mr. Cross.
A constable named Atkins, was sent for him, with
an order from the Governor, requiring imme-
diate attendance, and the production of his-accounts
at the Vestry-room. Mr. Basham refused to ac-
knowledge the power of the Governor in interfering
with the parish accounts, or to comply with
the request: Atkins returned to the Vestry-
roam, and after giving the plaintiff's answer
to Sir William Lumley, he was directed to
fetch plaintiff with a file of soldiers. Atkins did as
directed, arid dragged plaintiff out of his business,
taking him in custody before the Governor at the
vestry-rooth. When Mr. Basham arrived there, he ,
was asked together with the other churchwarden, by I
Sir Wm. Lumley, to deliver his accounts. Plaintiff
lurid Mr. Till refused to do so, until the expiration of
the sixty days allowed by the vestry, and denied the
authority of the Governor to interfere. The latter
then told them, that if they did not comply he
would commit them to prison, from whence no
power on earth could release them, and where they
should lie till they rotted. They till refused, and
the Governor called in Atkins, and drew out a paper
from his pocket, which appeared to have been pre.
piously prepared, and which only wanted signing,
which he did, and gave it to the constable. Atkins
called a file of soldiers to the door, and took both
the plaintiff and Mr. Till in custody to St. George's
gaol, where they remained till the Ist of Aug. follow-
ing; they were then imprisoned in the third story of
the gaol, in two rooms, one of which was partly occu-
pied -by some stores belonging to the gaoler. The
latter lied by his kindness permitted the plaintiff to '
leave the gaol at suit-set, and to remain with his
pregnant wife and sick child till sun-rise, each day,
for seven successive nights.. An order was imme-
diately issued from. the Governor, that No person
should be allowed to enter or leave the gaol (some
persons excepted) betweensunset and sun-rise. A'
sentinel was then placed at the gaoll-dosir,and restrained--
there during the night. The Learned Counsel then
contended, that no-Ordinary had power` to iinprison a
man; that right did not extend even to a Bishop to
deprive a man of his liberty without the concurrence
of the civil power. He entreated the Jury, there- -
fore, to curb the exercise of despotism. in: the out-
skirts, or they might, ultimately find it advancing to
the heart of the empire.
Several depositions of witnesses, at Bermuda,
were then read in corroboration of the Learned
Counsel's statement.

He then called W. Winslow, who also spoke to
the apprehension and the threats of the Governor.
John M'Cracken was then called—He is at pre-
sent a Magistrate of Essex, and had been a member
of the vestry of the parish of St. George's for front
sixteen to eighwir years, and had never known a
Governor interfere with the affairs of the vestry
before this occasion. The Governor had acted as
Ordinary of the island, in granting probates, admi-
nistratiens, and marriage licences. The Justices of
the Peace were appointed by the Governor and
Council. The chaplain of the garrison is appointed
by the Governor. From the year 1783 to 1807
hail 'lever known but one white man imprisoned at
St. George's gaol for debt, and another for murder.
None others but ttegroes had ever been confined
there.
This closed the case for the plaintiff.
The SOLICITOR•GENERAL then addressed the
Jury for the defence. He contended that the Go-
vernor had a right, as Ordinary of the Islands. to
interfere when church-wardens had neglected their
duty. He believed that he should prove to them
that the Governor was fully and clearly justified in
following the course he did, but he certainly should
prove most satisfactorily that the Governor had
acted under the full conviction of having
doue his duty and no more. After tracing
the authority of the Ordinary from an early
date, the Learned Counsel contended that, by a
Colonial Act, passed for the island, no vestry• meet-
ing could be legal, unless the Rector was present.
The meeting which granted the 60 days to the
churchwardens .was, therefore, nugatory, and the
proceedings illegal, the Rector not having been pre-;
sent. It had been represented to the Governor that
the churchwardens were likely to apply, or rather
misapply,. the amount of the parish money in their
hands, to the purposes fur which it had been voted by
an illegal vestry meeting. The churchwardens refused
to giVe up the butane° teniainingin their hands, which
they could have no right. to retain, their year of
office having expired. They refused to do so, anti
the Governor felt himself called upon, for the sake,.
Of order and tranquillity, and the security of the .
parish funds,. to exercise his, office of Ordinary.
After having given due notice to the churchwardens •
that the Vestry meeting which had granted them
the term of sixty days was illegal. Even then be
did not act till after n requisition had been pre-
sented to him from the Rector and new Church.
wardens, calling on him to do his duty.
The case was not expected to be closed till late
in the day.