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1326 NOTES TO VOLUME II.
February 6, 1861 , was quite right, and a new trial was refused. See
Law Reports, to l. B. n. s. 227, 7 Jurist. n. s. 948.
The decisions both of the Court of Chancery and of the Court
of Common Pleas went against Mr. White ; yet they did not cover
all the issues involved in the case, and new law-suits threatened to
arise from it. In order to prevent any future litigation the Sweden
borg Society considered it important to arrive at some understanding
with Mr. White. The costs of these two suits, also, fell very heavily
upon that gentleman, so that he also was fully prepared to submit
his real or imaginary claims against the Swedenborg Society to an
arbitrator, and abide by his decision. Both parties agreed to accept
the Rev. Augustus Clissold, M. A., as the arbitrator.
In the Minute Book of the Swedenborg Society under the date
of July 4, 1861, we find the following documents referring to this
arbitration :
(
a) The Rev. Augustus Clissold to Dr. Spurgin, Chairman of
the Swedenborg Society.
"My dear Dr. Spurgin,
"Mr. Philp called here on Saturday evening accord
ing to appointment, but without Mr. White. He, however, brought
a letter from Mr. White pledging himself to my decision.
"I read the decision in the presence of Mr. Philp ; who acknow
ledged it to be perfectly satisfactory, and took care to state in a
written document that I had come to that decision solely with a
view to prevent further litigation, and not on the ground of any
claims whatever of Mr. White.
"Indeed with the exception of half a year’s Salary, which a
Court of Law might have awarded him, I place the rest of the
payment recommended solely to the account of finally obtaining
peace, and securing the Society from the enormous Scandal which
would otherwise have been created in the minds of the public both
against the Society and the New Church even though the Society
had been successful in every action, as I believe it would be. I will
forward to the Committee the decision communicated to Mr. Philp,
and have only to repeat that you may put my name down for £ 100
towards the expenses in Mr. White’s Case. This will reduce the
sum to be provided by voluntary subscriptions to £262 ; and I cannot
help thinking that the payment of this sum may justly be considered
as rather a cheap way of avoiding the ruinous effects arising from
a series of successes in Courts of Law, especially as the Society have
already gained all they want, and can well dispense with barren
victories.
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