The Sun.
London, England, 1839-08-15 00:00:00

L COURT

teNI4I,N IN 4= DIT lON.

The LORD MAYOR—You may get any opinion you wish
for from a counsel if you draw up your case according to
your wishes. I think nothing of a counsel's opinion ex-
cept I heard the other party in the case. It is in your
power to appeal to the Quarter Sessions if you do not
think the penalty is properly inflicted.
Mr. Martin—lf your Lordship perseveres, it is certainly
our intention to seek a remedy by action against your
Lordship, and not by appeal. I therefore considered it but
fair to state to you the Attorney-General's opinion.
The LORD MAYOR—Very well, you shall have an oppor-
tunity of bringing your action against me. I shall issue
the warrant, and I shall defend the action. I consider the
Act was made for the protection of poor people. These
complainants say that they sustain great injury by the ex-
isting practice, which is opposed to the Act, and what win
I as a Magistrate to do but to convict?
Mr. Martin submitted that the opinion of such a legal
authority as lie had quoted might be considered to justify
a hesitation as to the infliction of the penalty, and sug-
gested chat his Lordship should consult the City law
authorities previously to his decision.
The LORD MAYOR thought the better course would be
to try the case with him, as the complainants were not able
to afford law expenses. His Lordship then convicted Mr.
Read in the penalty of 201.
Mr. Read refused to pay the penalty, and the Lord
Mayor ordered Brand the Marshalman, a very steady and
cautious officer, to execute the warrant in as delicate a
manner as possible.
The salesmen present were evidently annoyed at the
conviction ; one of them said that they were now placed in
such circumstances, that if they continued to carry on their
business, they would be liable to hundreds of informations.
The Lotus MAYOR--Is not that a reason that I should
convict ?
The salesmen declared, most solemnly, that it was to
the interest of the parties complaining that fish were sold
in the manner objected to.
The LORD MAYOR—I can see the difficulty in which the
salesmen are placed. Perhaps this Act is now obsolete and
improper, and requires material alteration ; but I believe
it was made for the protection of the trade and the public,
and I discharge my duty by convicting under it. I shall,
however, save the salesmen from informations, by not
granting any summons for the violations of the 3d section,
until the trial shall have taken place : but if other sections
of the Act be violated, I shall be ready to attend to the
complaints. With respect to the observations of Mr.
Martin, in the opinion of Counsel I cannot place implicit
confidence, in a professional view, taken upon an exparte
statement. If a Member of Parliament were present who
framed an Act, and said that such or such a construction
was not the meaning of Parliament, I would say to him.
you are not Parliament, and I will
,not be influenced by
your diction.
Mr. Martin—Suppose, my Lord, you take the opinion
of the law officers of the City on the subject.
The LORD MAYOR—My experience tells me that justice
is more equitably administered by those who are not lawyers
than by those who are.
Mr. Martin—After all the question must go to lawyers.
The LORD MAYOR—My opinion is that the penalty of
201. applies to the allotting of the fish, as well as to the
refusal to sell a small quantity. How are we to expect
justice if the construction which lawyers alone put upon
Acts of Parliament are considered decisive ? No. The
Magistrate ought to put his own construction upon an Act,
and leave it to the lawyers upon both sides to fight it out
amongst them. I think there is a hardship in this case,
and that an alteration consistently with the changes which
have taken place should be made, but I consider myself
bound to inflict the penalty for which I have already called.
Mr. Martin—Your Lordship is not called:upon to enforce
every Act of Parliament that is in bsing.
The LORD MAYOR—If an offence be proved before use,
I consider myself bound to convict until the Act which ren-
ders it penal is repealed. I shall not allow any other sum-
mons to issue on this section until the Courts of Law de-
cide which is in the right so that the salesmen will sustain
no inconvenience.
Mr. Martin and the salesmen were satisfied with his
Lordship's assurance, and then left the justice-room.

BOW- STREET.
Yesterday two shoemakers, named John Andrews and
John Dreton were brought before Mr. TWYFORD and Mr.
WITHANI, a county magistrate, charged under the pro-
visions of 52 Geo. 111., chap. 155, sec. 12, with wilfully
and maliciously entering Ebenezer Chapel,Denmarksstreet,
St. Giles's, for the purpose of disturbing a congregation of
Protestant Dissenters, denominated Baptists, assembled
there for the purpose of religious worship.
Mr. James Wells, a member of the congregation, stated
that on the previous evening the defendants entered the
Chapel during divine service, behaving in the most inde-
cent manner, and after the hymn had been sung, as they
continued their annoyance, they were mildly requested by
several persons to retire, but they refused in the most ob-
stinate manner, continuing their improper conduct.
Mr. Wiruare expressed surprise that any men could be
so insensible to religious feeling as to be guilty of such
wanton conduct, particularly as they must have known
what the object the persons in the chapel had in assembling
together.
The complainant assured the Magistrates that every
means were adopted to offer insult, for one of the party
cried out that they should have in some gin; and it being
circulated in the meeting that the Chartists bad entered
the chapel with the intention of taking possession and
ejecting the congregation, several females rushed out
of the house in the greatest consternation.
Mr. TWYFORD inquired if the defendants were of any
particular denomination to cause them making such a dis- ,
turbance ?—The complainant said that they did not at-
tempt to interfere with the tenets of the congregation,
although their language and conduct were most disrepectful.
Mr. TWYFORD asked how long the defendants remained
in the chapel.
The complainant replied that they continued there
upwards of a quarter of an hour, and although the
congregation had met there for the last nine years, the
chapel being duly licensed, he was bound to admit that no
annoyance ever was offered on any previous occasion.
Mr. TWYFORD—Perhaps it would be necessary for the
defendants and their companions, who may be ignorant of
the law, to be informed what the punishment is for such
an offence. The section of the Act runs thus If any
person or persons do and shall wilfully and maliciously, or
contemptuously, disquiet or disturb any meeting, assembly,
or congregation of persons assembled for religious worship,
permitted or authorized by this Act, or any former
Act of Parliament, or shall in any way disturb, Ine'
lest, or misuse any preacher, teacher, or person 06"
ciating at such meeting, assembly, or congregation,
or any person or persons there assembled, such
persons so offending upon proof thereof, before any two
Justices of the Peace, by two or more credible witnesses,
shall find two sureties to be bound by recognizances in the
penal sum of 501., to answer for such offence; and in des
fault of such sureties, shall be committed to prison, there
to remain till the next General or Quarter Sessions, and
upon conviction, shall suffer the pain and penalty of .10!."
Two other members of the congregation corroborated
the statement of the complainant—adding, that one of the
defendants went out, and brought four others into the
chapel in their shirt sleeves, who joined with them in
brawling and disturbing the congregation.
The defendants both denied that they caused any dis-
turbance, for they thought it was a Teetotal meeting ;
and it was an exclamation from one of the meeting on
seeing them epter the house that caused the confusion.
Mr. TWYFORD inquired how often in the week the con-
gregation was in the habit of meeting.
Mr. Wells said that their principal chapel was in the
Borough Road, and this being only a branch chapel, the
congregation assembled cnly on Tuesday evenings. In the
first instance, when the defendant Dreton made a noise
and beca iie conspicuous, he was requested to retire as he
must have laboured under a mistake respecting the object of
the meeting, and the others, with the exception of Andrews'
who refused to stir, went away as they were desired.
Mr. TWYFORD said that the defendants had so under-
stood each others movements, the act of the one appeared to
be the act of the other, which subjected eaTch'ef them to
similar punishment.
The complainant and his friends declared .they had no
vindictive feeling to gratify, and their only object in pre-
ferring the charge was to have the defendants repri-
manded, so as to prevent them or their 'compeers frog
paying a similar visit at any future time.
Mr. Tv,' vsotto said that private feeling had nothing to
do with the subject, as the offence was one committed
against public decency, and the defendants appeared not
to express contrition for what they had done.
After the Magistrates had conferred together, the de-
fendants, who still persisted in justifying their conduct,
were ordered to put in two sureties in 50/. each, to answer
any complaint that might be preferred against them at the
Sessions, and as they failed in doing so, they were in the
subsequent part of the day conveyed by the vari to prison._

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i t
o
with t
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N.B. A Pamphlet of the Prices of Plate may be bad on all"'
cation.

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BIRTHS.
On the 12th inst., at Clapham-common, the lady of John
Humphery, Esq., M.P., of a son.
On the 12th inst., at West-hill, Wandsworth, the lady °f
Henry Rucker, Esq., of a daughter.
On the 4th inst., at Batheaston-cottage, near Bath, the lady
of Carleton Crawford, Esq., of a son.