The Sun.
London, England, 1839-01-21 00:00:00

LAW INTELLIGENCE.

CHURCH RATE.

COURT OF CHANCERY, JAN. 19.

BUNGAY ST. MARY, JAN. 4.

CURTIS V. CURTIS

This was a motion to discharge an injunction granted by the
Vice- Chancellor, to restrain the defendant from manufacturing
machines for making wire cards, used in the dressing of wool.
The LORD CHANCELLOR—If the plaintiff thought it right to
bring an action to try the validity of the patent, the Court
would give him leave to do so, and be might then come for an
injunction to restrain others from infringing his rights when so
established. As the case at present stood the injunction must
be dissolvd.

On December 20, Mr. Richard Mann, Churchwarden, ap -
plied for summonses against ten parishioners who had refused
to pay the Church Rate. Thursday last was fixed for hearing
them, and the first called on was Mr. Charles Childs, who
appeared.
Mi. Mann depostd to the fact that payment had been re-
fused, and put in the rate.
The defendant being called on for his reply, requested the
Magistrates, J. L. Bedingfeld and E P. Montagu, Esqs.,
to ascertain that the alleged rate possessed the essentials of a
legal rate, whereupon Mr. Mann proved that the vestry at
which it was made had been,duly called, that it was signed by
the Magistrates and allowed by the Ordinary.
In answer to questions by the defendant, be also proved that
the rate was copied, or intended to be copied, from the assess-
ment lately made for the purposes of the Poor Rate, under
the " Assessment Act."

COURT OF QUEEN'S BENCH, JAN. 19.
THE QUEEN V. RUED.

BASTARDI CLAUSE.-This was an appeal against an order
of S'essions. A rule bad been obtained that the prosecutor
should show cause why the order of Sessions should not be
quashed.
An order of affiliation had been made on a man by the Ses-
sions, and it was stated on the face of the order that evidence
%as received in corroboration of the mother's statement. The
Poor Law Amendment Act directed that evidence should be
given in corroboration of the materiality of the mother's state-
ment, and that this should be stated in the order • but the
Clerk of the Peace, in the present instance, omitted word
" materiality," and left it merely the evidence was received in
corroboration.

On being requested to point out in this rate the tenement
and land, commonly known as the Dispensary, which stand
upon the Poor Rate, Mr. Mann, with great warmth, ex-
claimed, " Am I botind to answer a thousand questions to this
man ?" The defendant pressing the question, and Mr. Mon-
tagu declaring it must be answered, Mr. Mann sought through
the rate, and being unable to fin " The Dispensary," he re-
marked that this was "only quibbling." Here the defendant
called on the Magistrates to allow him to reply to this
remark, the second offensive one which had fallen from Mr.
Mann, and said, " Sir, the whole affair is a quibble—it is a
case in which you are employing an unjust law to inflict a
grievous wrong, artrl, for'tbe paltry sum of 3s. 4d., are dragging
me here with a probable reversion of the Ecclesiastical Court.
I feel justified in stating that in the circumstances in which
you have returned to Bungay,,it is most indecorous for you to
take part in the excitement and:the heart-burnings which you
knew existed here. If, however, you come for law against
right, it is for you to sec that your law is good."
Mr. Montagu (to defendant)—Do you dispute the validity
of this rate ?

Lord DENMAN said— We are very sorry, but we think it will
not do. We cannot supply words which are material, and
which could have been so easily inserted.
Mr. Justice LITTLEDALE thought the word " material" was
mot material. The judgment was, therefore, in favour of the
respondents,

Defendant—Sir, I reply in words which have already
been the subject of legal adjudication, that I think I ought
not to pay it,' I remind you that by doing so I carefully abstain
from ousting you of jurisdiction. A certain property being
not assessed—

Here Mr. Mann interrupted—Not a pioperty, Sir, but
the Dispensary, one of the noblest institutions in the town,
which you seek to charge with parochial dues.
Defendant (in continuation)--Yes, Sir, the Dispensary,
to which our family has contributed, and subscribes now
more than Mr. Mann And all his family, and more I believe
than any other persons in the town. But I claim to reply to
this charge without such interruptions which have been both
frequent and indecent. He then went on to argue, that as
the Magistrates had examined into the validity of the rate so
far as the preliminaries were concerned, they were competent
to entertain the equally important question, whether this were
in fact a rate at all, especially as they had admitted evidence on
the point. To determine the opposite would involve this ab-
surdity, that a rate might, by a powerful majority, be laid on
two or three individuals only, and the Magistrates would be
bound to issue warrants of distraint upon them. As they had
admitted evidence that one property was not assessed, and the
statute required the Magistrates to hear and determine the
merits of the case, they were bound to dismiss the complaint,
as they would if the case just supposed were presented to them,
or if the rate had wanted the other essentials which they had
at the outset ascertained.

A long conversation ensued, as to the liability of a Dispen-
sary, or an Hospital, to assessment to the Poor Rate, and
many authorities were adduced, ail gving to show that such
buildings were so liable, and defendant remarked that bad it
been otherwise, exemptions from Poor Rate do not extend to
Church Rate, and instanced the case of Greenwich Hospital,
which had recently been adjudged to pay the Church Rate.
In the course of this conversation Mr. Mann asked defendant,
Why do you not go to the Ecclesiastical Court for redress ?
Why do you come to me ?
Defendant—Sir, I am not here to seek redress; I have
suffered no grievance at present, and come at your summons.
As to the Ecclesiastical Court, I will just remark that we
have for several years endured the annoyance inflicted by your
party, although we knew your rates were entirely invalid,
rather than encounter what your Archdeacon Glover called a
horrible and unconstitutional, but which I call a ferocious, tri-
bunal. Recent events, however, have showed me that their
powers may become as formidable to one side as the other, and
although I should never bring any man before such a Court,
you wilt assuredly find me there, should you summon me thither.
Mr. Mann—l thought you would have taken better ground.
Defendant—l chose this from a multitude of flaws in the
rate, because it is most plainly before us, but I shall be pre-
pared with others when they are needed.
Mr. Mann—The rate was made at a vestry, at which you
only dissented.
Defendant—l was deputed to attend, by persons who
heretofore absented themselves. Remember, Sir, I warned you
when you asked for the rate that you were voluntarily im-
posing on yourself a duty, which would 'lead you into strife. I
expressed my conviction that if you had applied to a few of
your respectable friends in the Church they would have raised
this paltry 401. in half as hour, and you assented.
Mr. Mann—You would have showed your good sense had
you not attended.

Defendant—lt is not the quality of my sense but of your
law, which is now in question.
The question was then raised whether any person have a be-
neficial occupation in the Dispensary, and it was proved a
woman resided there to attend to the house and the patients,
whereupon defendant observed- that here was beneficial occu-
pation—by the Committee if they took. rent of the woman, and
by the woman if she paid no rent.
Mr. Mann—Well if this be so, we'll have a new rate and
beat you.

Defendant—Perhaps, Sir, you will take advice on this point.
Mr. Montague remarked—We are of opinion the Dispen
sary ought to have been assessed ; but as that gentleman de-
sired to inform himself more fully, he postponed his decision
on this point, and the further hearing of the ease, until Thurs-
day the 10th instant.

FATAL HEROISM OF A BROTHER.

The town of Bridgewater has been put into a consternation
in consequence of the murder of a young man named Mac-
Carthey. The prisoner Haywi.rd is about 18 or 19 years of
age, and of a boyish look; his countenance does not indicate
anything ferocious, but, on the contrary, it has a mild ap-
pearance. He is the son of a gardener.in this town. The un-
fortunate young Mac Carthey, we bear, was a fine young man,
very well behaved, and of quiet and peaceable habits, in the
20th year of his age. He is the son of an Irishman, who is a
portrait painter, and has resided in the town some years.
During the time of the inquest the Court was crowded to
excess.

John MacCarthey the father of the deceased—l live in
Hutchings's buildings, in North-street, Bridgewater. lam an
artist by profession. About a quarter before eight I met Wm.
Hayward, the prisoner, in company with two females, coming
towards the drang-way leading to my house. Went into my
house. Had not been there eight minutes before my daughter
Elizabeth, the last witness, came in and acquainted her
mother, deceased, and myself, that the prisoner, had insulted
and struck her with his elbow in coming through the drang.
About seven months back the prisoner insulted my daughter
in a similar manner. I went out to demand an explanation.
I found the prisoner leaning against the wall in the drang. I
raid, " You vagabond, what is tl.e reason you have insulted
my child these two or three times ?" He made light of it ;
I told him if ever he insulted a child of mine again, I would
have him severely punished for it; be said, " your eyes,
you —; I will cut your guts out." I replied, " You
scoundrel,-yoU may thank God I have not a stick, or I would
give you a thrashing." " You strike me," said the prisoner,
and I will serve you out." My son (the deceased), who was
by my side, interfered and said, " Whilst I am here you durst
not put`a hand on my father." The prisoner then went icto
the road, which was close by, and took off his coat, and said,
" Come along you ---, I have got plenty for the whole of
you ;" alluding to my son-in-law, James Banks, deceased, and
myself. The prisoner made use of very abusive language,
and challenged any one of us to fight. After this he put on
his (oat and came on the pathway, making use of very abusive
language, too bad to mention ; he jostled against the deceased.
My son said, "Father, I cannot bear this any longer ;" he threw
off his coat hastily ; I could not keep him back ; they closed
in upon one another. This occupied about two or three
minutes; the assassin ran from him. My son said, he had a
sharp stone, and has been striking me with it about by abdomen
and shoulder. I immediately ran and seized the prisoner by
the hand, and it was covered with blood. The prisoner let some-
thing fall from his hand.. My son walked a pace or
two, staggered, and fell against the- edge of the cause-
way. I then pet my hand on my child's shoulder and
found the blood oozing from it. I said to the pri-
soner, -r• You villain, you have stabbed by son." The pri-
soner replied, " Prove it if you can." The prisoner was taken
in charge. I then took up the deceased with the assistance
of another person. When I got into the light I per-
ceived my son had several wounds. I did not hear him speak
afterwards. He lived about three hours and a half after
being stabbed. In the struggle there was sufficient light to
distinguish persons. There had been some grudge between
the prisoner and deceased, in consequence of the prisoner
stealing a dog from him. I made the deceased a present of
the dog; through the prisoner's mother interceding we did '
not prose cute him. The prisoner alluded to this affair when
1 demanded an explanation about his rubbing against my
daughter in the drang. I said, " You should not rub your-
self against any of my children." The prisoner replied—
., What, do you mean to say I robbed you?" I said rub.
The prisoner said, " I suppose you mean about the dog, I will
settle that with the whole of you." I never struck the pri-
soner, so help me God.
Other witnesses were examined, who corroborated the evi-
dence given by the father of deceased.
James Bussel—l am gaoler. Between eight and nine o'clock
on Wednesday evening the prisoner was given into my cus-
tody by Bond, the constable of this town. I observed his hands
were covered with blood, with a deep gash on the forefinger
of the left hand. I cautioned him repeatedly to be careful
what he said ; it was a serious charge against him. He said,
" I found MacCarthey was too strong for me, and I took out
my knife and cut at him. I locked him up that night ; and
next morning, about eight o'clock, I told him that MacCar-
they was dead, and asked him if he persisted in the same de-
claration repeated last night. Ho repeated the same, verbatim,
with this addition, that he cut his finger in closing the knife,
The jury, after hearing the evidence read by the Coroner,
returned a verdict of " Wilful Murder" against the prisoner ,
William Hayward. Ho was committed to gaol to take his
trial at the next Taunton Assizes.

THE SUN, LONDON, MONDA Y, JANUARY 21, is