, 1869-08-04
WEDNESDAY, AUGUST i, 1869.

WEDNESDAY, AUGUST i, 1863.
----------- an --:----- -. =
BISHOP WHITEHouEE's ctaV1cT10H.
Judge Jamcson's decision in the case
(yistu1lly) Of Whitehouse "a. Cheney waa
orally rendered yesterday, the more clabo-
rite written statement Of the points and
authorities being still! in course Of rrepara-
ton. The Judge sustains each Of the 1ead-
inp points uaado by Ar. Chcne5's counsel
against the 1nods Of proceeding fallen into
hy the Bishops court, viz:
|. Ih:t the Diahcp violated tho Church
canon in insti.uting proceedings for trial
npoa his own allegation that he WAS Il c1eli-
bly, informed OF the alleged offences of
Mr. Cheney, when the canon requires that
he shall be informed by - ma jo1ity Of the
yestry,7 by "thrce presbyttrs of the
church" Q: By ''public r1lmor." As he
must be Informed in the mode required by
the canun, or he has no authority to insti-
tute The t1ial in the absence Of such iutof-
1netion, his attempt to pat the defendant
upon trial VIE without Jurisdiction, and
void.
- That the Bishop riol1ted the Church
ca1on II not allowing the accused full
twenty days, but only seventeen, in which
to select five persons from among the eight
nominated by the Bishop to constitute the
court Is this llso WIS step necessary to
give Jurisdiction, proceeding without it
rendered the court and MI its subsequent
tets void.
3. That the Bishop or his court violated
the Church canon in failing to giye IN addi-
tional notice Of trial Of thirty days after The
SELECTION Of the court. hefore proceeding to
trial. This objection goes also to the ju1ls-
tiiction, and renders the further proceedings
OF tie Ecclesiastical Court void.
4. That tie Ecclesiastical Court erred in
Genyirc to the accused the information rs
tp whether tie members Of the court had
formed and expressed m opihion, OF, in
substance, p1ejudged tho case II advance OF
hearing it. 4 court thus 1'organized to
"conEic." is not tolerated under my 6ys-
tom Of llw wtatEvcr, whether canonlcsl or
riyil, but is ruanifesuy m Outrage against
Fort to be organized to obtain. The best
Legal authorities Of the Church itself de-
.snuce ,uch formation of court rs iIle-
mi ind opp.essiye.
r. That the Ecclcsiasticpl Court erred and
Violated the cnnops Of the Church in plac-
ing Mr. Cheney ua triAl Mt al upon cha1ga
which did not specifv when the alleged
oFence xoe committed nor the names Of
The u;t,cescsto IN be called acains. him. Such
. rhsroa doea NH ,ire the nccused tbat no
t,cc which il 4be obiect Of every present
,,cnt ~ ird;ct,nent. which will enable him
- ,ra,,e-. f,~ +,;,1 Nh nnn ran corne to
t,;a1 r,o-o,od IN ,r,re or disnrove all the
..+. h. nav bora committed xitbin txo
rcors noted chorce that nm offence vos
,,,,,,n;t,oa 1;tb;n e;, 1o,nths or tuo vears
-i,t,-t e,a,in, uben ID denounced 1,r Mr.
u..u,ro., ,,5 <,bor ,r~r,to,e ~, "a.
aaa;.n1 ~. no con;re,ont n M CHARGE At
IL, no Il nfforda M elue by which the de-
fo.5ax. .,,,,v,>,r ,r;tnee.e. or nrenero
- a.. 80,
1raa~ nh ~ .,es. Ava r,o;nta sino1y
1n7a. 1o,nouon eon1d. haze reet1nsnod The
rs.ia,;..t;n.1 rar-t f-o,,, ,,,ocn.1;nofu fu,th.r
r;..o o;,ha~ ~ ;taa1r den,;vod it ri MI
,1,is;7;,tion. The ,Tndro then stated tha,
4 x,;,;ht fa;,1. he nroanmcd Tint cour,
..,.;af, r.a. r;j;,, r17,,1, -.bo1 orer Tho su
~ ~. Chr-o, 49,, rh;.h II ,,re.onda1 to
~. ..;,t, fo;-1,. 1,o ,,,oe,-n.d ~ ;ntend ths
r.,-+ ~ a. d.,,asa NJ. Cheney {ron, thf
,.;n;s,,r ~. ,ncra nosit;on # n nrofcs
s;1,1a, ,n.n =. Iasv.r Of ccrtain bar