The Sun.
London, England, 1851-08-14 00:00:00

.0'11104701Ll0( 74v(

LONDON, THURSDAY, AUGUST 14, 185

A most important case was tried yesterday at
Croydon before Lord Chief Justice JERVIS and a
special jury, a case which has settled a most important
point, and settled it as all men of common sense, all
men not rendered timid by the " bould speaking " of
sacerdotal bullies, would wish to see it settled. A
special jury of the county of Surrey has decided by
its well•considered verdict, in the case of SOLTAU v.
DE HELD, that a nuisance is not the less a nuisance
because the perpetrator of it fancies that it is a part
of his religious duty to commit it ; that, in
short, no man has any right to annoy his neighbours,
under pretence that it is necessary to the full deve-
lopment of his religious feelings that they should be
so annoyed. It appears that the plaintiff in this
action, Mr. SOLTAU, is a merchant of the city of
London, who some years since took a house in the
New Park-road, Clapham, where he resides with his
family. In the year 1848 the house next door to
that inhabited by Mr. SOLTAU (the two had
formerly formed together one large mansion) was
purchased by a Roman Catholic society called
the Redemptionist Fathers, of which society
Mr. DE HELD, the defendant, was the supe-
rior. No sooner had these worthy fathers
taken possession of the premises than they placed a
large bell on the top of the house, and this bell they
were continually ringing from morning until night,
literally from morning to night, for they commenced
' at five o'clock in the morning, and from that time
until ten at night the clapper of the bell was not suf-
fered to be at rest for two consecutive hours. In vain
did Mr. SOLTAU remonstrate, the only answer he
could get was " that there were religious considera-
tions that would prevent the discontinuance
of the ringing of the bell." " 'Tis part
of my system," says the Irish tutor as a
universal excuse for the commission of every species
of folly. " 'Tis part of my religion," says Mr. DE
HELD, asid that he considers more than a sufficient
reason for worrying his neighbours out of their lives,
This one bell was bad enough, but at the commence-
ment of the present year the nuisance was
greatly increased. Although remonstrated with on
the ringing of this one bell, nay, probably,
because remonstrated with, these holy fathers, in
the true spirit of sacerdotal tyranny, and with
that bitter and insulting contempt for the feelings of
others which is so peculiarly the characteristic of the
priesthood of which they are members, built a regu-
lar belfry upon a portion of their premises, and
having removed the bell from the top of the house,
they now had a regular peal of six bells, which
were being continually rung, and which
constituted the most serious nuisance to the
whole neighbourhood. The ringing commenced at
five o'clock in the morning with the smaller bell, and
then the other bells were rung at intervals during
nearly the whole day. The plaintiff and his neigh-
bours remonstrated with the defendant upon the sub-
ject of this serious nuisance, but it was of no avail,
and he distinctly told them that the bells should not
be stopped unless by the law. The nuisance must have
been intolerable. ELIZABETH ADAMS, who has lived
,n the service of the plaintiff six years, thus describes
"Directly the Roman Catholic society took posses-
sion of the premises they pulled down the trees, and
converted the first-floor into a place of worship, and
shortly afterwards a bell was placed on the roof of the
house. This bell was rung all the year round at five
in the morning. It rang for five minutes. It rang
loud enough to awake everybody in their house, and
it was a long time before she got used to it. This
bell was also rung at five other different times, and
sometimes seven, during the day, at five, at a quarter
to seven, a quarter to nine, at twelve, at seven, and
sometimes at three in the afternoon. O❑ Wednes-
days and Saturdays it was also rung at half-past six
and eight. She remembered the new belfry being
built. The first peal of bells she heard was on the
13. h May. They were rung at six in the evening,
They were also rung the next day, but she could not
say how many times, and since this they had been
rung continually both on Sundays and week days.
Chimes were also rung on the Sundays. The small
bell was rung at five in the morning, and then a
larger bell was rung at a quarter to seven ; at half-
past seven the small bell was rung again, and then the
large bell rung at a quarter to nine. The effect of
this continued ringing was to cause such a confusion
and noise in her mister's house that they did not
know what they were about, and they could not hear
when the house bells were rung. The plaintiff was
an elderly gentleman, and his family consisted of a
daughter, two sons, and three grandchildren. The
daughter was in ill health, and she had been re-
moved to Uxbridge. The chiming of the bells
made a very great noise, and it was very con-
fusing and annoying to the ears, and the continual
ringing of the bells made everybody in the house
uncomfortable." Mr. FREDERICK HARRISON, the
plaintiff's nephew, who was in the habit of visiting
at the house, states that the ringing of these bells
frequently caused the house to shake, and that
persons sitting at the table were sometimes unable to
hear each other speak. Mr. TATLOUR, a surgeon,
who had attended the plaintiff's family, said he thought
it advisable to order his daughter to be removed,
owing to the excitement and noise of the bells affect-
ing her health. He also said he considered that the
plaintiff, being an elderly man, had suffered in his
health from the same cause. The plaintiff did not
bring his action until he had used every endeavour in
his power to induce the defendant to be moderate in
the use of these bells. Mr. BENJAMIN FIELD, solicitor,
deposed that in August, 1848, he had an interview
with Mr. HASTING, the solicitor for the defendant,
upon the subject of the annoyance that was caused
to the plaintiff by the bell at the top of the house.
Mr. liesrtriG said he would see Cardinal WISEMAN
on the subject, and see if anything could be done, and
when he saw him again he told him there were reli,

t:-'

' gious considerations that would prevent the discon-
tinuance of the ringing of the bell. Witness resided
at Clapham, but at some distance from the plaintiff,
and the bell, therefore, was not so much annoyance to
him. The effect of the bells in the belfry upon any
one in the plaintiff's house was most distressing. The
noise was quite astounding, and he should not
think of taking such a house or living in it.
Not content with having sought, through the medium
of Mr. FIELD, to procure amicably an abatement of
the nuisance, the plaintiff, no longer ago than last
June, sent Mr. FRANKS to the defendant, when the
defendant, well knowing that the health of the plain-
tiff's daughter bad been seriously affected by the noise,
want of rest, and the excitement occasioned by his
perpetual indulgence in his favourite pastime of bell-
ringing, bluntly told Mr. FRANKS that as principal of
the Society he should not stop the bells unless the
law compelled him to do so. The defence of
Mr. BRAMWELL, who conducted the case on
behalf of the defendant, went upon the principle
that provided a nuisance were perpetrated in the
name of religion it ceased to be a nuisance.
64 The mere fact of ringing a bell, or a peal of
bells, once a day," says Mr. BRAMWELL, "or
several times a day, if they pleased, was not
enough to constitute a nuisance. It might be very
annoying to a person of nervous temperament, hut
that did not constitute a nuisance in the eye of the
law. The law very properly and sensibly did not
take cognizance of tr:fles." 'What does Alr. BRAM-
WELL say to the case of the Italian organ boy, who
was committed to prison the other day for continuing
to play his organ after he hud been ordered off by
an inhabitant of one of the neighbouring houses ?

yieladntpsrofbainee
gturnineds.;
had he ground psalms and c
Probably, however, he only played
defendant and his counsel, have
ing would, according to the theory
ceased of
to the
a nuisance. This perpetual ringing could not,
60 Mr. OrtiatwELL argued, annoy the neigh-
bourhood, because the society thought they were
doing right and had no wish to annoy their neigh-
bours. According to this theory we ought to per-
mit dancing Fakirs to perambulate our streets in a
state of nudity ; the Fakir thinks that he is doing

LONDON,

right by adopting this primitive costume, and he has
no wish to annoy his neighbours, and most. assuredly
he has an equal right with any other British subject
to fully develop his religion. Tne law of bell-
ringing was thus laid down by Chief Justice JERvIs:
—"By the common law churches of every denomi-
nation had a full right to use bells, and it was a
vulgar error to suppose that there was any distinction
at the present time in this respect. At the same
time those bells might undoubtedly be made use of
in such a manner as to create a nuisance, and in that
case a Protestant Church and a Roman Catholic one
were equally liable." The jury returned a verdict
for the plaintiff, with 40s. damages, thus establish-
ing the fact, that religious worship may be so con-
ducted as to be a nuisance to the neighbourhood, and
that it is no excuse for the perpetration of a nuisance
to say that it is necessary to the full development of
the religion of the party committing it that such nui-
sances should be committed. We have at various
times received communications from persons living
in the neighbourhood of St. Barnabas, Pimlico, and
of the Roman Catholic Cathedral in St. George's-
fields, complaining of the nuisance of the perpetual
bell-ringings going on at these places. We commend
this case of Sornu v. DE HELD to their special atten-
tion, and to that of all persons suffering from the corn-
mission of a similar nuisance.

Deplorably deficient as the metropolis of England
is in specimena of architectural taste and in public
monuments, we are rejoiced to see public attention
called to the supineness and normal apathy of the
higher powers, as signalised in their long and unpar-
donable neglect of the importation of the obelisk of
Alexandria. This perfect and valuable relic of Egyp-
tian antiquity, wrought even anterior to the reign of
SESOSTRIS, is in a double sense the rightful property of
England. After our victorious arms had given us
possession of Alexandria, half a century ago, prepa-
rations were commenced for transporting this venerable
trophy of our triumph from the shores of the Nile to
those of the Thames, and were rapidly advanc-
ing to completion when they were suddenly
suspended. Money, labour, all appliances and means
to boot, were in abundant requisition, when the Ge-
neral commanding at Malta wrote to the military au-
thorities in Egypt, objecting, in the plenitude of his
wisdom, to the employment of the troops in the work,
i❑ constructing a jetty, and doing what was necessary
to effect the object of removal, upon which they had
set their minds with a laudable pride, and all further
proceedings had to be abandoned accordingly. Several
years subsequently the Pacha, MEHEMET ALI, made a
gift of the obelisk to GEORGE IV., and when Captain
SMYTH, of the Royal Navy, was prepared to attempt
its removal in 1822, offered to build a pier for its em-
barkation, and to render every assistance in his power,
but the Gallant Captain could not procure the autho-
rity of our Government for the prosecution of his
design. When the French, in 1830, were trans-
porting the obelisk of Luxor to Paris, their Consul
in Egypt sought to obtain possession of the disre-
garded prize, naively observing that, as the English
had so long neglected the PACHA'S present, they
might be considered to have relinquished it; but like
an old familiir friend, the deg in the manger, the
English Government would neither remove it from
its prostrate condition on the sand themselves, nor
suffer any one else to take it in their charge ; and there
from that day to this it has lain, exposed to injuries
at the hands of idle strollers, a crying reproach on
the national taste, owing to the ungenerous indiffer-
ence of the directors of public affairs.

' It is in every way as regards them a thoroughly
shabby matter as it stands. As a memorial of the
brave men who bled in Egypt, its presence in the ca-
pital would be a source of general gratification—a
noble monument of British heroism. As a memorial
of the ancient art of Egypt, the visible possession of
this most interesting relic of a mysterious age and
country would be appreciated by all of us who are
not case-hardened in Utilitarianism, and would con-
stitute an imposing feature in the metropolis. As
to the expense of its removal, even were it not
the mere trifle it is rated at, no one
would do himself any great amount of credit
by grumbling at it, when even that stringent but
sensible economist, Mr. HOME, has expressed an in-
terest in the subject. We feel really ashamed for the
amiable Earl of CARLISLE, on finding that, in reply
to a question put by Lord WESTMEATII in the Upper
House, as to whether any steps bad recently been
taken in the matter of the transplantation of the mo-
nument, he put forward the puerile apology, " That
he apprehended there were certain mechanical diffi-
culties in the way l" What a vapid truism. Mecha-
nical difficulties there are in every phase of active
motion, but are there no such things as the lever
and the pulley ? In short, we are utterly at a loss
to imagine what excuse, with a semblance of solidity
or decency, can be alleged for grudging to expend
some throe thousand pounds sterling, and a small
amount of labour on the part of unemployed hands,
in embarking a weight of 240 tons, and embellishing
the court-yard of the national Museum, or the
parade-ground of the national War-office, with a
peerless memorial of modern British N alour inter-
twined with ancient Egyptian art.

THE HOUSES OF PARLIAMENT.—Yesterday the pre-
parations commenced for pulling down the old House of Com-
mons, it being definitively settled that the new House is to
be occupied by the Members on the meeting of Parliament.
St. Stephen's Porch, and the flight of steps leading from
Westminster Hall, excepting some trifling details, are
finished. The hall itself is undergoing a thorough repair, a
higher tier of windows has:beenopened, which has materially
improved the aspect of the interior. The celebrated roof has
undergone a thorough renovation, and several of the timbers,
found to be affected by dry-rot, removed. The hall is now
daily thronged with visitors, and several of the long benches
from the House of Commons have been placed there for
Public accommodation, and prove very acceptable to weary
persons who have been travelling about viewing the sights
of the metropolis. It is curious to see with what avidity
respectable persons seize upon the smallest piece of wood
that may fall from the workmen to carry away as a memento.
The House of Lords is to be continued open to the public till
the close of the Exhibition, admission will then cease during
the remainder of the recess, in order that the works may be
resumed.
ABATEMENT OF PUBLIC NUISANCES.—For some
time past the ears of the public have been frequently obliged
to listen to complaints against Newcastle-court, Strand,
and contiguous localities, as being the place for har-
bouring females of loose character and plundering the unini-
tiated. On Monday, on the part of the parish of St. Cle-
ment's, an ejectment of all the tenants in Newcastle-court
took place, and a request, by deputation, on Tuesday, to Mr.
Hall, the chief magistrate of Bow-street, was made, to lend
his assistance in abolishing the others. Mr. Hall, in reply
to Mr. Isacson, the vestry-clerk, and Mr. Bate (church-
warden), said that he should be happy to forward the object
in view; but was not empowered by Act of Parliament, his
duty merely being to adjudicate upon any cases brought
before him which had originated in either of the places
named. So heartily, however, did he enter into the feelings
and meaning of the deputation, that he should wish to refer
them to Colonel "Mayne. Colonel Mayne was consequetly
waited upon by the deputation, at the Commissioners-rooms,
Whitehall place, where they were told that no proceedings
could be taken by them, except under the Police Act. It is.
now, therefore, the intention of the ratepayers to convene a
general meeting of their body, for the purpose of calling the
attention of Sir G. Grey, the Home Secretary, to crushing
the existing nuisances.

DEPARTURE OF THE CITY OF GLASGOW STEAM-
SAM—At one o'clock yesterday (Wednesday) the above-
named screw steam-ship left the Mersey for Philadelphia,
with the unprecedenteJ number of 224 passengers.
DONCASTER, WEDNESDAY AFTERNOON.—It is now
known that her Majesty has stated her intention to pass a
night at Doncaster on the 27th inst., on her journey to
Scotland. Immediately on the receipt of the intelligence,
arrangements were commenced at the Angel Hotel for the
Queen's reception. The members of the corporation met
this morning, and agreed to prepare an address on the part
of themselves and the inhabitants generally. An address
will also be prepared for presentation to his Royal Highness
Prince Albert. A committee has also been appointed, con-
sisting of the vicar, Mr. Denison, M.P. (chairman of the
Great Northern Railway), and other gentlemen, to meet the
corporation every day at tee Mansion-house, and confer with
them, and assist in carrying out the arrangements. It is in-
tended to apply for a military escort and band ; also for some
London police. The Mansion-house and Guildhall will be
most brilliantly and tastefully illuminated at night, and it is
believed that a series of rejoicings will take place such as
has not been witnessed for years past. Arches of flowers
will also be thrown across the streets along which her Ma-
jesty will have to pass; and everything of an unsightly ap-
pearance will either be hidden or entirely removed, regard
being had to that privacy which it is known that her Ma-
jesty desires.

FOLKESTONE, TUESDAY.— This afternoon, as the
daisy express train, with 2.6 passengers, brought over by the
Lord II iuden steam-boat, was proceeding up the incline to
the upper station, the shank and book of the first carriage
gave way, thus detaching the whole train from the engine.
The cariages ran back with fearful velocity, and it was im-
possible to stop their progress until they had carried away
the whole of the back of the station. Fortunately, the last
two carriages were luggage vans. One was completely shat-
tered to pieces. The passengers escaped. with a few slight
concussions. The only person seriously injured is a panter,
who was at work at the back of the station, from whence he
was thrown about thirty feet by the concussion.
EXHIBITION BANQUET AND FESTIVAL.—M. Soyer
has been prevailed upon to afford the exhibitors of all na-
tions an opportunity of social interchange of sentiment
( which the exhibitors have long sought for), and that at a
moderate charge. We trust that those who are in daily
attendance at the Exhibition will, with those at a distance,
avail themselves of this opportunity, which may never again
occur, of becomit3g acquaulted NNiCh their brother producers
from 411