Le Fanu v. Richardson and Others
Simultaneously, there was also opposition, albeit less ostentatiously expressed, among some local middle-class residents who attended St John’s. At a meeting in March 1910 at the Assembly Hall, Serpentine Avenue, to elect a People’s Churchwarden and a Select Vestry for the following year, a motion proposed by William Hall of 14 Newgrove Avenue and seconded by George Richardson of 109 Strand Road was passed unanimously protesting against the manner in which Fr Le Fanu conducted the services.
Meanwhile Fr le Fanu had consulted William Jellett, a leading King’s Counsel who was subsequently Member of Parliament for the University of Dublin. Mr Jellett advised that the Deed of Endowment of St John’s did not sanction the election of a Select Vestry or a Churchwarden by the general vestry (although this had, in fact, been done since 1852 and the practice had continued since St John’s was assigned a district in the Parish of Donnybrook in 1867). With the support of the Trustees, Fr le Fanu ceased to recognize the Churchwarden elected by the general vestry. The Trustees appointed ‘three lay gentlemen’ to act as Churchwardens: C.P. Coote Cummins, Gilbert Archer and John Draper. For several years no Easter Vestry was held for the election by the congregation of a Select Vestry. Protests were made to the Diocesan Council and the General Synod.
A meeting to revise the list of vestrymen was convened by the Diocesan Council on 11th March 1913. This was followed by a meeting on 24th March, chaired by George Richardson and attended by over one hundred alleged vestrymen at the Molesworth Hall in Dublin. A Select Vestry of twelve men was elected, together with a People’s Churchwarden John E. Johnston, and a number of sidesmen.
Fr Le Fanu refused to recognize the appointments amid concern that conflict would break out between the Churchwardens appointed by the Trustees and the rival chosen by the general vestry. Fr Le Fanu, along with the Trustees (Arthur Fleury, the Very Revd. James Hornidge Walsh, the Rt Reverend John Henry Bernard Bishop of Ossory, and James Herbert Shaw), the agent Fane Vernon, and the three churchwardens, took proceedings in the High Court against George Richardson and the others elected to the Select Vestry. Mr Justice Dunbar Plunket Barton (still commemorated by the Barton Cup in golf) upheld Mr Johnston’s appointment as Churchwarden, ruling that the Deed of Endowment had not deprived the Synod of power to apply the vestry system to St John’s and to regulate the election of its Churchwardens. This decision was appealed. On 18th May 1914 the Court of Appeal, consisting of the Lord Chancellor, Ignatius O’Brien, Lord Chief Baron Pallas (both Roman Catholics) and Lord Justice Holmes, was unanimous in reversing Mr Justice Barton’s decision. Mr. Johnston’s election as Churchwarden was accordingly declared null and void.
The defendants could have appealed with some prospect of success to the House of Lords in London, the judicial members of whom were the Final Court of Appeal for the whole United Kingdom. If they were unsuccessful there, they would have been liable for the costs of both sides at that appeal in addition to the costs Fr Le Fanu had already incurred, which the defendants had been ordered to pay by the Court of Appeal. These amounted to the enormous sum of £1000.
Compromise Reached
A compromise was reached. By offering not to enforce this order for costs, which would have been an immense burden, Fr Le Fanu persuaded the defendants to abandon, not only their case, but their whole campaign. He got an undertaking that all of them, other than George Richardson, would refrain from attending St John’s during his incumbency and Mr Richardson would ‘do his best endeavours’ to prevent any disturbance in the church or interference with services there or annoyance of the incumbent and congregation.
Simultaneously, there was also opposition, albeit less ostentatiously expressed, among some local middle-class residents who attended St John’s. At a meeting in March 1910 at the Assembly Hall, Serpentine Avenue, to elect a People’s Churchwarden and a Select Vestry for the following year, a motion proposed by William Hall of 14 Newgrove Avenue and seconded by George Richardson of 109 Strand Road was passed unanimously protesting against the manner in which Fr Le Fanu conducted the services.
Meanwhile Fr le Fanu had consulted William Jellett, a leading King’s Counsel who was subsequently Member of Parliament for the University of Dublin. Mr Jellett advised that the Deed of Endowment of St John’s did not sanction the election of a Select Vestry or a Churchwarden by the general vestry (although this had, in fact, been done since 1852 and the practice had continued since St John’s was assigned a district in the Parish of Donnybrook in 1867). With the support of the Trustees, Fr le Fanu ceased to recognize the Churchwarden elected by the general vestry. The Trustees appointed ‘three lay gentlemen’ to act as Churchwardens: C.P. Coote Cummins, Gilbert Archer and John Draper. For several years no Easter Vestry was held for the election by the congregation of a Select Vestry. Protests were made to the Diocesan Council and the General Synod.
A meeting to revise the list of vestrymen was convened by the Diocesan Council on 11th March 1913. This was followed by a meeting on 24th March, chaired by George Richardson and attended by over one hundred alleged vestrymen at the Molesworth Hall in Dublin. A Select Vestry of twelve men was elected, together with a People’s Churchwarden John E. Johnston, and a number of sidesmen.
Fr Le Fanu refused to recognize the appointments amid concern that conflict would break out between the Churchwardens appointed by the Trustees and the rival chosen by the general vestry. Fr Le Fanu, along with the Trustees (Arthur Fleury, the Very Revd. James Hornidge Walsh, the Rt Reverend John Henry Bernard Bishop of Ossory, and James Herbert Shaw), the agent Fane Vernon, and the three churchwardens, took proceedings in the High Court against George Richardson and the others elected to the Select Vestry. Mr Justice Dunbar Plunket Barton (still commemorated by the Barton Cup in golf) upheld Mr Johnston’s appointment as Churchwarden, ruling that the Deed of Endowment had not deprived the Synod of power to apply the vestry system to St John’s and to regulate the election of its Churchwardens. This decision was appealed. On 18th May 1914 the Court of Appeal, consisting of the Lord Chancellor, Ignatius O’Brien, Lord Chief Baron Pallas (both Roman Catholics) and Lord Justice Holmes, was unanimous in reversing Mr Justice Barton’s decision. Mr. Johnston’s election as Churchwarden was accordingly declared null and void.
The defendants could have appealed with some prospect of success to the House of Lords in London, the judicial members of whom were the Final Court of Appeal for the whole United Kingdom. If they were unsuccessful there, they would have been liable for the costs of both sides at that appeal in addition to the costs Fr Le Fanu had already incurred, which the defendants had been ordered to pay by the Court of Appeal. These amounted to the enormous sum of £1000.
Compromise Reached
A compromise was reached. By offering not to enforce this order for costs, which would have been an immense burden, Fr Le Fanu persuaded the defendants to abandon, not only their case, but their whole campaign. He got an undertaking that all of them, other than George Richardson, would refrain from attending St John’s during his incumbency and Mr Richardson would ‘do his best endeavours’ to prevent any disturbance in the church or interference with services there or annoyance of the incumbent and congregation.
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