The Express.
London, England, 1862-02-04 00:00:00

COURT OF EXCHEQUER.—Fes. 3.

After Term Nisi Prius sittings at Westminster.—(Before
Mr. Baron Martin and Common Juries.)
STOCKMAN 0. FRIEND.—CMORCM BELIA.
This was an action to recover the Tebbe of two church
bells. The defendant pleaded never indebted.
Mr. Ruddlento°, Q. 0., and Mr. Yong were counsel for
the plaintiff ; Mr. Hawkins, Q. 0., and Mr. Turner were
counsel for the defendant.
The plaintiff is • musical hand-bell founder, carrying on
business in Old Boswell-court, He is a bell-ringer at St.
Clement Danes and at Westmiuster Abbey, and also •
member of an old bell-ringing society, known as "The
College Youths." The defendant is the high constable of
Hythe. • bell-rioger, and also • member of the College
Youths, • society which Mr. Heddiestoe, in elating the
plaintiff's cue said so mush disturbed the quiet
of the metropolis by increasing the harmony of
church bell-ringbig. At Hythe there was • peal
of only eight bells, one of them be* • reensant
ill-
conditioned tenor. The defendant ens satins to have
it recast and two new bells added to the number, but the
defendant was only able to get sufficient subscriptions for
the two new bells. Several letters passed between the par-
ties, and ultimately it was agreed that the plaintiff should
supply the bells for 951., the defendant in his last letter
observing that he looked forward with pleasure to the
opening of the ten with the plaintiff and the other coils-
glans. Plaintiff then made arrangements with Messrs.
Mears, the bell-founders, and cc there were no toning-
forks in Hythe they had to seed down Mr. Oliver
with several to bring up the tone of the treble
to make the new bells harmonise. The bells
were accordingly sent down and fixed, and &tar-
day, the 6th July, was appointed for the opening
day. There was a dinner at the Town-ball, presided
over by the minister, and supported by the churchwarden.
A programme of the proceedings we. drawn up and pub-
tithed, in which it was stated that • seLectband from the Old
College Youths would attend and give a " touch of grand.
the caters, a touch of vandal:. royals, • touch of Stead•
man's atom, and • touch of Kent treble bob royals "
(laughter)—with • noel touch by the select hand of college
youths. (Laughter.) The belle were ringing from twelve
o'clock till six, and it appeared that the preeence at Hythe
of the " college youths ' gave great offence to the
old bell-ringers of the place, who had been bell-
' toilers from their youth upwards. At the dinner
the clergyman nod churchwarden and Mr. Friend
eulogised the bells, and the churchwarden offered
to head • subscription with 10s., to recast the recusant
bell. Some time afterwards complaint, were made of
the bells, and &refusal to pay for them. though they were
onstaut use up to within • few months.
Om plaintiff wee called, and deposed to the main facts
MB ulna by the barbed counsel, and said the " Old Col-
lege Teethe Society" was established 200 yews ago.
Mr. Baron Martin—Do you remember it?
Plaintiff—Yea my lord, perfectly well. (Loud laughter.)
The ringer at Hythe said this was an excellent splice.
Croarenamined by Mr. Hawkins—Are you one of the
men who ring every night, " Away with Melancholy," at
St. Clement Dear? (laughter.)
Plaintiff—Yes. Me heard late at night, on the 6th July,
that some persons were so disgusted with the bell, that
they could not attend the dinner. (Laughter.) The cler-
gyman left the dinner table suddenly, but it was not be-
muse be we. disgusted with the Kent treble bob royals
that were being played upon these bells. (Laughter.) It
was being played at the time upon some musical hand bells.
The plaintiff was examined to show that the bells did not
harmonise, but be said they did.
Mr. Baron Martin said be thought this case ought to be
arranged between the parties. He should thisL it was very
easy to make the bells harmonise.
Mr. Hawkins said be should be glad to have the matter
settled, for the sake of the people of Hythe. Half the in-
habitant* had been driven mad by the discord of these bells.
(Laughter.) And there was such • commotion in conse-
quence on the opening day that the clergyman could not go
on with his dinner. (Renewed laughter.)
Mr. Baron Martin—What, did it turn the stomach of
the clergy?
Mr. Hawkins—lt did. There is no mistake about it. lie
gave orders, "Silence those dreadful bells." (Laughter.)
Mr. Heron Martin said it oily appeared to be a question
of harmonising the bells.
Mr. Hawkins—l am told they never will harmonise.
Plaintiff—Yes they will, but the defendant won't have it
done.
Ultimately his lordship's suggestion was adopted, and the
eau wee referred to Mr. Maunsell, a gentleman of the bar
°Goverment with the manufacture of belle and belhinging.