The Express.
London, England, 1866-04-17 00:00:00

COURT OF ARCHES.—Arsu. 16.

(Before the Right Hon. Dr. Luehington. Dean of Arches.)
TUSK AND FRNNING V. HUTTON.--THE BALHiII CHURCH

This case, which had been several months pending, and
the question in which was the validity of a church rate,
was heard to-day.
Dr. Travers Twiss, Q.C., and Dr. Tristram appeared for
the churchwardens, Messrs. Tiarks and Fleming ; the
Queen's Advocate, Dr. Deane, Q.C., and Mr. A. Wills
appeared for the defendant, who had objected to pay the
church rate. _ . _ .

The rate in dispute was made in June, 1864, and the
amount sought to be recovered by the eemive proceed-
ings was H. lls. 3d. The rate was 3d in the pound.
Several witnesses were called on both sides and
viva voce evidence was given. Three objections were
raised to the validity of the rate—that it was not
duly made by the vestry, that it was excessive,.
and further that there were illegal expenses which
affected its validity. At the vestry meeting in June,
1864, the defendant, Mr. Baggavelly, and other gentlemen,
objected to the rate on the ground that only Si. out of 501.
voted for new stoves for the church bad been expended,
and that upwards of 201. bad been charged for law ex-
penses, and that there were other expenses which could
not be allowed in a church rate. An amendment was
proposed that it was neither legal nor expedient that •
church rate should be levied in the district of St. Mary's,
Halham, which was for poor-law purposes a part of Streat-
ham parish. The amendment was negatived. A poll was
demanded, and waa in favour of the rate and against
the amendment, which was negatived, and the
question was raised whether the church rate
had actually been caned. Some law expenses had
been paid to two firms ; a sum to the vestry-
clerk of Streatham had been paid, five guineas for
making out a list of the district from the poor rate, and a
sum to the collector of the church rate of about 181. The
organist had been paid 40/. ; and a question was raised
whether it was a valid payment out of a church rate.
There was a sum in hand when the rate was proposed,
and, added to the alleged illegal expenses, there would
have been a large sum in hand, and that, therefore, a rate
of 3d. per pound was excessive, as the estimate for the
year proposed was 1631.
Dr. Twiss submitted that he had proved the case on the
part of the churchwarden, and that the district of St.
Mary's, Balham-hill, after e ceder is council, was a legal
district for a church rate.
The Queen's Advocate said after the decisions of this
court in two previous cases he should not raise the ques-
tion as to the legality under the order of council.
Dr Tarim contended that the objection raised did not
invalidate the rate as made against the defendant.
The Queen's Advocate urged the three objections he
had raised.
His Lordship proceeded to comment on the three objec-
tions. There was an irregularity as to the poll, but he
did not consider that it would vitiate the proceedings.
There was money in hand, and was the rate of 3d. exces-
sive ? Then there were expenses. Considering the diffi-
culties of churchwardens, he could not say they were
illegal, nor could he say that the expense of an organist was
an improper expenditure. His lordship then reviewed
the question with his accustomed clearness, and pro-
nounced for the validity of the rate, with costa against the
defendant.

CITY COURT OF COMPENSATION.
Aram 16.

(Before the Hon. Mr. Denman, Q.C., and a Special Jury.)
7116 GoV‘itNoßM Or BZTHLEHSII HOSPITAL V. THE GUILT

IAI4TARN R.LILWAT COIIPLNT.

Mr. Hunt, the surveyor, was examined at considerable
length. His total was, with the 10 per cent for compul-
sory sale, 37,3181., which, added to the 10,5001. agreed upon,
would make a total of 47,8181., as against the claim of
upwards of 97,0001. on the other side.
Mr. Pownall and other witnesses were called on the part
of the company, and ultimately the jury retired for
half-
an-hour. On their return the verdict, including the
10,500/. agreed upon, was 61,0501.

THE POLICE COURTS.

'WESTMINSTER.

The Earl of Mauinista' was summoned by Mr. Bevan,
on behalf of the Metropolitan Board of Works, under a
recent act of parliament, for having his chimney on ire.
Mr. Bevan asked for the full penalty (205.)
The earl's butler attended, and stated that his master
was in Ireland. . .

Stephen Smith, 258 A, mid he was on duty in Belvey.-
spare on the night of the 17th January, at 8 o'clock.
There were sparks coming from the stack of chimneys be-
longing to his lordship's house. He spoke to the footman,
who said, " All right; we've put it out now. A man came
with a hand pump.
By the Magistrate—Didn't know whether there were
any other chimneys in the stack but the earl's.
The butler explained that other chimneys ran into that
stack whence the fire proceeded ; sod that the fire did not,
and could not, proceed from any ol the earl's chimneys.
All the servants examined the chimneys and Ares, and
came to that conclusion.
Mr. Belie thought suilleient explanation bad been given,
and dismissed the summons.

.mars. Reigning and TeoHope, of Abinsdoe.strest.
Westminster, were also summoned, but proved to .sk.
satisfaction of the Court that there was no firs la their
chimney. Their summons was dismissed.
The Grosvenor Hotel Company, and the Guardians of
Chelsea pleaded guilty, and paid' It., and 2s, earteos
severaliheenyentlemen ; and other eases were heard, sod
various ties imposed ; so out of 34 sununonses
fines costs amounted to nearly W.

SOUTHWARK.
Susan Miles sad Mary den Clarke were brought up fat
final examination, charged with assaulting Hari'
in the Waieriao-mad, and robbing her of httibLl
value 20a..
It appeared from the evidence of the prossaiiih,
tiovinnaker, that on the evening of the 6th huhu she
had been on a visit to her aunt at Camberwell, sled
turning home to the Belvidere-road eke met an aeqesht,
Iscc, with whom she entered a public-hones in th lys
tieeh,C.road, and partook of a glass of brsudy and vs*.
After leaving her she had not proceeded many yards boom
sums one seized hold of her, and pushed her %%hit ths
wall, and her shawl was taken from her.
In answer to the magistrate, witness said that the sake
wuantity of liquor she drank completely overpowered hi
hen she got a few yards from the public house so tes
she could not reeopuo the parties who seaultei
robbed her. She, however, believed that Clarke was ch
of them, as she had some recollection of her coming op Rd
speaking to her.
H 32 L, a detective officer, said that in came.
queue,of the numerous thieves hanging about the Wine.
100-road lately, he and another officer were on duty at
Granby-street on the night in question, when they esw
ty
prisoners following the prosecutrix. As soon as they p
in a dark part of the road they pounced upon hee, sai
Clarke snatched the shawl from her. They were drat
move off, when witness mired Clarke and found the glint
on her.

Samuel Hatherley, 96 L, corroborated the testimony
the last witness, and added thathe saw Miles pail
proseentrix, when the other prisoner snatched og
shawl. He followed Miles, and took her into cui.
The prisoners denied the robbery altogether,„r,
innthat the proeecutrix lent her the shawl.
In answer to his worship, Harrington said that Ciuke
was a very bad character indeed, and 1111 for the other
sonar, her family was respectable. She had been ia solo
situation, and left that to cohabit with a man wholes art
in penal servitude.
The magistrates asked the prisoners whether they my
be tried by him or go to the sessions.
They replied that they were not guilty.
Hill worship accordingly committed them to these's'
for trial.
THAMES.

Even Efollghton, an attractive-tooling woman, sgedb"
brought before Mr. Knox charged with being creamed
withChriatian Olifius, a pickle merchant, in Crisplamig,
Spitallields, and lately residing in Tredegar-place, Bow bt
the abduction of a young lady named Tolley, under be
age of 16 years.
Mr. Charles Young, solicitor, said the young hi!, MN
Toliey,laft her father's house on Good Friday, and en
thesame night with the prisoner Houghton at her
They left England together,and proceeded to Paris.
the interference of Lord Cowley, our ainbaseadorcq
French police had made an active search for Elm
and she was found by themat the HotelSekestopol la
on Friday last, and restored to her father and brother.
Miss Talley arrived in London on Saturday nigka, Win
again under her parent's roof.
A wealthy old man named Ohba., 65 years of age, end
married, with a daughter 26 years of age, was Task le.
mend as a principal in the abduction of therEf2gbdi,
Oliflus had made her presents, talked about ho
when he obtained a divorce from his wife tad
about her se his " dear girl." The theory of the Amuse
tion was that the prisoner Houghton was the wet of SO
man Olibus, and had instigated the young lady is hue
her home and accompany her to France, when hs (L.
Young) believed it wee the intention of Mae le
them. A warrant was granted on Saturday by Mr. Eat
rych for the apprehemnan of Houghton and she ms
captured on Saturday night by Inspector kerrezasi its
London-bridge Railway station on the arrival et lab
from Folkestone.
Evidence having been given, the primmer wee maid
till Thursday.

MARL

TB.

LONDON WEEKLY DOCK 1
ilraPwa I

RETTINEL—Ann. 14.
iDeltrart,lteicati