The Express.
London, England, 1860-10-18 00:00:00

(Stamped, id. Additional.) , LTWOPENCE.

TER ROAD MURDER.

At the Wilts Quarter Sessions, which commenced
at Marlborough en Tuesday, Dome disesteem took plow
ooneernieg the peuesedsap of the magistrates and the
I police in 'dermas to the murder at Road. Sir John
Awdry, who, it will be remembered, acted u chairman at
the late examination of Elisabeth Gough, presided, and
there was a large attendance of magistrates, including the
Right Hon. T. H. S. Eetcouit.ll.P., Lord Ernest Bruce,
Mr. Marsh, ILP., and Mr. Merewether, Q.C.
On tall reading of the Report of the Constabulary Com.
mitt's,
Mr. Heat. whited to ask Captain Meredith, the chief
constsble,tion relating to some circumstances arising
out of the ague murder. lie observed from repora in the
public papers that on the night after the murder two pollee-
' men, who were very properly placed in Mr. Kent's home,
I were locked into a room for several hours. Be wished there-
, fore to know if any notice had been taken or inquiry made
with regard to the conduct of those officers! (Hear hear.)
Captain Meredith replied that the polioarnen Aid not
know before 2 o'clock in the morning that they had been
locked in. They might, if they had pleased, have got out
into the yard where the dog was kept.
Mr. Mere wether— At what time did they go in'.
(*Aim Meredith said they went in at 11 o'clock. Mr.
Kent wished them to remain in the house as a protection to
his family. It was an arrangement between him and the
snwintendent at Trowbridge. One of them belonged to
Wilts and the other to Somerset.
Mr. It 'Then they were net sect for the purpose
ileMoticm, amply to protect Mr. Kent?
Captain Meredith—To a certain extent they were ; hut
they had private onion. The explanation which Mr. Kent
line given to the pulite at his imam fee looking them in is
that he wished the house to be patchily is the same state
ia which it witially was. He sees abuse .in the habit el
locking that door at night. The police could have got cat
at the back door, bat then they would hap came in cater*
' with the dog.
Mr. Alesander—But they were not at liberty to go about
the harm
0664abi Meredith—No.
Mr. Merewether seal it was somewhat gratifying to know
that it two policemen who were looted into a room front
U o'clock until 2 without knowing it, only one belonged to
the musty of Wilt.. (Laughter.)
Mr. Renew* -1 wick to know if any notice has been
taken of the conduct of either!
Captain Meredith-1 could not find that any blame at-
tached to them, bemuse they did not know they were
locked in. _ _

Lit. FB. Brandin (ooe of the joitioes of the Bradford
division) begged to move that a special committee be ap-
pointed to investigate the circumatencee connected with the
death of Freed" Saville Kent, and the proceedinp taken by
the pekoe with referee.e thereto, and to report thence to
the next sessions. If that did not meet with the approval
of the court, he would propose that the constabulary com-
mittee shoaled take the matter up and report thereon. Ile
saw no illegality in snob • ash baaweniii bow with every
affimiOna end reaped to Who alltM..eLlike ahairnian. Ilia
bed not attended any of the assailant:Wax but he might men-
thes flakiest the let September Bet he wrote to the Secretary
ef fitsta Sir George Lewis, stating that circumstances had
same ha his knowledge which induced him to think that
*widows could be brought forward without much difficulty
or ears autheiout to justify the appreheusion of two of
the persons who slept an the house on the night of the
occurrence, nod suggestiug that, if the Secretary of State
thought it eapodient to authorise an inquiry, her a bar-
rister would readily undertake the seme, either edam or
jointly with others, free of expense. On the Pith of Sep-
tember he received • reply iontaining these words :—" if
you are in possession of any information respecting this
case, or have any suggestions to offer, it is your duty to
communicate them to your brother Illagistrates and to the
chief constable of the county. No special authority is
required to enable you to perform year functions as •
magistrate." To that letter he replied that he had already
communicated with several of hie brother magistrates and
also with the chief constable, but that on his attending one
of the preliminary investigation. be was informed that it
was imply of a private character and had better be left to
thoie negistrutes who had taken the matter in hand.
To that letter ho had received no reply: Br certainly
was surprised to And that the nurse' hid been allowed
to leave the county; and her having been recently brought
beck for examination at Trowbridge, was • proof that one
punka at least of his letter to the Secretary ~of State was
not ill-timed. like use now appeared to be involved in the
greatest difficulty, but still there were circumstances which
it was of the utmost importance to bear in mind. In the
lest piece, the locking up of the policemen was • moat un.
aesouniable •
pioceedusg. Than, again, he had been informed
that there was a light bermes over the hall door during the
whole night when the child was taken away.
th —There is a light burning there every night.
Mr. Saunders had been told that such was not the ease ;
and he believed that evidence could be brought forward to
show that that lamp was burning as late as one o'clock,
notwithstanding that all the inmates said they went to bed
before 12, and that they slept with more than usual monad-
nese. Then, again, he bad never beard it asked whether
au old scythe might not have been the instrumest with
which the crime was committal Neither had it been
shown up to the present moment that the garden kola were
ever examined. _ _ _

Captain Meredith—Each one of them was examined.
Mr. Saunders—May I ask if the grass on the lawn was
cut with a scythe, or any thing else
Osptain Meredith—With a scythe.
Mr. Seamier' underatood that it had been cut with a
machine. Another question be wished to ask was, whether
any sweeps went up the chimney to examine them after the
child was found!

Captain 3rnith—l believe not. The chimneys were exa-
mined, but not by a sweep.
Mr. fiatuelm3 considered they had not been properly
exanuued. Hie owe impression of the CAM, was that the
deceased saw something improper in the nursery, and that
it was that which led to the commission of the foul deed.
The instrument with which it had been committed might
have been disposed of in the neighbourhood ; and he wished
to ask whether, during the investigation of the case, the
chief constable had applied to the constabulary committee
for their advice mid assistance.

liptain Meredith—l have communicated with the ma.
gi•trates.
Mr. Sainiders—Bat have you communicated with the
constabulary committee:
Captain Meredith—No, I have not.
Mr. Saunders mid, by the rules of sessions it was his
duty to have done so. Therefore, if the court objected to
the appoiatment of a special committee be would propose
that the chief constable communicate with the consta-
bulary committee, so that they might report on the subject
at the next session.

iimeesgeeild before the question was put to the
court he wished to ask Captain Meredith whether there
were, as stated by Mr. Saunders, many mesons yet re.
meaning to he examined whose evidence would be useful
with regard to the discovery of the murder?
Captain Meredith replied that he was not aware
Og one. Ile believed the whole et the evidenoe
had already been exhausted by the magistrates,
who had been most indefatigable throughout the
whole of the investigation. Even during the pro
firer of their private examinations everhing was
taken down iu wriumg. The whole of the family were
examined, and Mrs. Kent being in too &haste • state to
be brought to the court, the committee proceeded to Read-
bindles's., and examined her there. He bad further to
explain, with reference to the count bleu, that their
attendance was requested by Mr. Kent, and that be him-
self knew nothing of it. Mr. Kent showed them into the
kitchen, saying, • I shall be in the library ; if you hear •
noise, come to me." When they attempted to go out they
' found the door fastened, and Mr. Kent came and opened it.
Mr. Sotheron•Esteourt said he undertook to say that the
whole of the magistrates in the county had taken the
deepest interest in the case, sail he could not see that those
who were officially connected with the district where the
death took phion had failed in making the most constant,
the most vigorous, and the most assiduous investigation
into the whole of the circumstances of the ease. He coo-
famed be did not see what good was likely to arise from the
adoption of such a proposition. He conteeded that Mr
George Lewis had acted rightly in declining to recommend
a royal commission, or to authorise such an inquiry u Mr.
Saunders had suggested. He was of opinion that the Seer's-
, lazy of State had no power to authorise each an inquiry.
' Mr. flainedeni—Beit was there not a private inquiry an-
ticrieed by the Secretary of State!
Sir John Awdry—l may as well state that those who
l before us at Trowbridge were acting mdse. the
aiareery of the Ateomry-OeoeraL I should not have been
disposed to take part In any detectiveexamination ; but
bellissest Wormed that a reeky thugs was to he
t before the I felt that I should be
in courtesy in to acquiesce iu the request
dame of my bathe. magistrates to preside over the neves-
Mgr. (Mee, bear.)
Betoourt saw it was a coerce of much gratification to
likarall to find the recent investigation presided over by one
who bad had so much legal.earri experience, both in this countryy
sad in India. (Hear, hear.) It gave a character and a
weight to the proceedings, . he felt waisted that evry
bird of evidence that could be adduced was exkawMed
ender such superintendence. Under thus eiremet•••••
be felt bound to oppose the motion of Mr. Saunders, feeling
assured that it would only !mil to a useless and profiUses
investigation. (Hear, hear.)
The motion, not being seconded, fell to the ground, but
lb. Saunders reiterated his belief that unless some further
memethop are taken the public mind will not be satisfied.
fir John Awdry said, without wishing to prolong the die-
he might observe that with the exception of the
II of • scythe having been used to inflict the wound
Zg;isild, no point had been brought forward by Mr.
gemegers which did net seem to have been anticipated. But
be might hardly imagine, frees the manner in which the
gave him evidence, that a scythe would have been
'auv=e for such az=
The subject then

THE EXTRAORDINARY CLERICAL PROSECU-
TION IN NORFOLK.

NORWICH, Wzonzenar.
At the Norfolk Quarter Rawdona to-day two ap-
peal. arising out of the singular clerical prosecution
Hones, Norfolk, were disposed of. The fini ore called '
on was " Joseph Fish, appellant, and the Rev. Edward' •
Pots Neale, respondent."
Mr. Evans appeared for the appellant, and Mr. %leer
re ted the respondent.
re;vans said aU that was left for him to do in the
Ant lashes. was to show that his client had entered into
the neoessmu7 recogaiaanoes . The act of parliament did not/
require notice of appeal to be given, and it would now be- •
for his learned friend (Mr. Bnlwer) to support thq co
viction.

Mr.Hulwer. mid he was happy to be able to inform the
court that his client, Mr. Neale, acting from the best PR.
sthle motives, and in accordance with sentiments which he
had himself expressed—for the sake of peace also in his
parish—wee ready to relieve the court from a further con-
sideration of the case. It was not necessary to refer part..
calmly to the cimumstinoes, of which the court was pro.
belly aware through the median of the public mesa and the
discussions which the case had eausttnel, for it had unfortu-
nately been • matter of 001114111111b1e discussion in the
county. He might my, homermyea the part of Mr. Neal
that from the first that gin was only anxious to se
sort what he conceived to be the law, via., that he alone
had authority and juradiatime over, his own church end
churchyard, and thatit waarimr, but contrary to law,
' for any penis whatever,. he was a sasniber of
the church of England or sinpmens idioms denonnea..•
4th—to rens any dill mewls% or ceremonial.
'OM Mr. eels, anxious for be peace and quiet of his
parish, for the interest. of the church of which be wall a
member, and the interests of that religion which these who
were opposed to him on some points professed in eentroon
with him, wished that the matter should now be at end
and in this spirit and with these feelings he wm to
consent to the conviction being quashed. He feasted, -
ever, without ireeldbg for any anuilumos an the rellect me
the part of the appellants, that each prerelease, would not
occur again, and that their good heft and seem of etiet
was right and proper would, when once they knew that they
bad acted illegally in what they had dose, prevent such
oe-
ourrenoes being repeated. Mr. Neale had no other wish
that that the peace and harmony which had hitherto
existed is hie parish should continue ; and he (Mr. Haines)
had therefore great pleasure in eneentirg to the conviction
being quashed.
Mr. Eva* said on the part of his client he was quite
ready to admit the law as laid down by his learned friend.
He admitted that no unauthorised persona had a right to
peiform say burial service sonnet the will of the perk&
clergyman over any grave, whether of a baptised or un-
baptised person. He had no instructions to maintain any
other view of the law, for his client never pretended, ina
did not pretend now, to any such right. Ho far from it, an.
derstanding that a burial service in the churchyard would
be objected to by Mr. Neale, his client and his friends per-
formed what they considered a buns' service in a decent
and proper manner in a road in front of the churchyard.
They offered up such prayers as they thought decent, pions,
and proper, in the rued ; although, having performed •
service to which no man on earth could make any objection,
they certainly did, in coming into the churchyard, sing a
' hymn which lie believed would be admitted to be perfectly,
decent and unobjectionable. His client and his friend.
were anxious, however, to be relieved from the imputation
that by acting as they had done they were guilt of in-
decent behaviour within the terms of the pact of
parliament under which the promedings Were the magic.
taste. were taken ; and be should have been prepared,
if the case had gone on, to have maintained that his clients
were perfectly lsnocent of any indecorous or improper pro- •
coxing; within the churchyard. They were quite as
anxious a. Mr. Neale that peace and harmony should be
restored to the pariah. He had his own opinion as to the
discretio• of the moosedinp, but he had no intention to
make any pmsthalatteck oa Mr. Neale—far from it. His
only desire was to vindicate his clients from the charge of
which they tad been accused ; and as his learned friend,
acting most discreetly and properly, had admitted that the
' conviction might be quashed, and did not raise the question
upon which he (Mr. Evans) was prepared to have argued, he
could only eve re
his bounty concurrence to the course which
had been adopted.
The Chairman—Then the convietioo is quashed.
Mr. Beano—We will my nothilabout the meta on either
side ;it is not a matter of trium . •
Mr. Brdwer having assented to the conviction being
quashed as against Ann Nockolds, the proceedings term'-
, nate&