The Express.
London, England, 1866-10-08 00:00:00

CLERKENWELL.

For some time past the churchwardens and the rector of
St. Mary's, Newington, have been at variance as to the
musical services, procession of choristers, kc., conducted
at that church, and the matter has at length come to en
issue by an open contest as to the right of appointing an
organist. Mr. Dean, who has for some time past filled that
post, being unable to attend to his duties for a few weeks,
the rector (the Rev. Thomas Jackson), just previously to
stating for a trip abroad, requested Mr. Alfred Since, an
amateur organist, who also holds a position in the Bank of
England, to attend to the organist's duties for a short
tune. On Sunday, the 23rd of September last, that gen-
tleman' accompanied by Mr. Jennings and others, took his
seat in the organ loft at about a quarter to 11 a.m. for the
purpose of leading the choral service. This was done with
the knowledge and concurrence of the rector's son,
who was officiating in his father's absenoe. The church-
wardens (Mr. George Singer and Mr. Alexander Carson)
shortly afterwards entered the church with an organist of
their own selection, and requested Mr. Jennings, who was
seated next Mr. Smee, to leave the organ loft. He refused
to do so, saying he had the authority of the rector for
being there. The churchwardens then requested the rector's
son to direct Mr. Smee and Mr. Jennings to withdraw, but
he replied he had his father's authority for putting them
there, and he should not request them to withdraw.
Whereupon the churchwardens forcibly dragged Mr. Smee
and Mr. Jennings from their seats, and placed Mr. Postal,
the organist of their own selection, in the place of the former.
In consequence of the violent removal of these gentlemen,
summonses were issued from the Clerkenwell Police Court
against Mr. George Singer, of 2, Albion-terrace, Albion-
road, Stoke Newington. and Mr. John Alexander Carbon, of
the Summer House, Church-street, Newington, for that
on the 23rd day of September, 18416, in the parish church
of Newington, they were unlawfully guilty of riotous,
violent, and indecent behaviour, contrary to the statute ;
and for unlawfully assaulting and heating Mr. Alfred
Snare and Mr. Charles Jennings.
The cave was called on on Saturday, before Mr. Barker,
when Mr. Serjeant Rallantine and Mr. Sleigh attended to
prosecute, and Mr. Sergeant Atkinson and Mr. Poland to
defend.
Upon the calling of the case, Mr. Serjeant Ballantine
offered to withdraw the proceedings before the magistrate,
and submit the question of right to a higher court if the
defendants would give an undertaking that the scene in
question should not be repeated until the question of
right had been decided.
The proposition was not agreed to.
Serjeant Ballantine having opened the case, Mr. Smee
was called to prove the assault. He said that after some
altercation, during which he was not addressed in any
way, the churchwardens forcibly dragged Mr. Jennings
from his seat, and then seized witness by the legs and the
collar of his coat, and threw him to the ground a distance
of about three feet. He was so hurt by the fall that he
had been attended medically in consequence of it.
Mr. Blomfield Jackson gave corroborative evidence, and
stated the practice bad always been for his father to direct
the organist as to his duties, and to appoint a gentleman in
case of a vacancy.
Mr. Jennings, Mr. Lewin, and Mr. Harris supported the
evidence for theprosecutioa.
It was elicited in examination that negotiations had
been entered into on both sides previous to the assault, for
the purpose of preparing a case quietly, to be decided in a
court of law, but they had fallen through.
For the defence it was urged that the power was vested
in the churchwardens to control the office of organist, and
that therefore in removing Mr. Smee and Mr. Jennings
they had acted within their powers. Several cases were
quoted by the counsel for the defence in which church-
wardens had been borne but in expelling persona forcibly
from the church upon a reasonable belief that those per-
sons either had no right in the church, or intended to in-
terfere with the service.
Mr. William Beck, solicitor, was called, with a view of
showing that no unnecessary violence was used, but in
cross-examination by Serjeant Ballantine be declined to
swear that he saw the whole of the proceedings, or that
the churchwardens did not take hold of Mr. Smee's feet
and coat collar, and forcibly throw him to the ground.
The case having lasted nearly four hours, and there
being many more witnesses to examine, and points to go
into, it was adjourned, and pending the result the organ is
to be locked up.

VACATION BUSINESS IN JUDGES' CHAMBERS.—
The indiums at common law, as in chancery, has been
heavier this year than during any previous vacation within
living memory. For the five weeks of circuit the sum re-
ceived for stamps—each stage in prooseclints nesesearilY
bearing 44 stamp—amounted to 2,6001. The highest
sum previously reached has not exceeded 2,300/. Atten-
dance is, given in judges' chambers on Tuesday and Friday
in each week, according to present arrangementa.--Sotict-
tere'Jorreal.