The Sun.
London, England, 1860-11-01 00:00:00

ACTION AGAINST A CLERGYMAN FOR RE-
-ILOVIAG A GRAVE RAILING.

Yesterday, at the Salford Court of Record, before Dr.
Wheeler,•Q.C., the Judge, Mr. Joseph Kinch brought an
action to recover damages from the Rev. Charles Marshall,
rector of Harpurhey, for removing a railing from the
grave of his daughter, Alice Ann Kinch, in the parish
churchyard of Harpurhey. Mr. Higgin and Mr. Ambrose
appeared for the plaintiff; and Mossrs.Ovens and Holker for
the defendant. The only question which was put to the
Jury was whether Mr. Marshall had consented to the
railing being placed on the grave or not; several other
qnestions involved in the case, such as the jurisdiction of
the Court to try, &c. being, by consent, reserved fora higher
court. The facts of the case were, that on the 15th of
February, 1859, Mr. Kinch's daughter died, and Mrs. Mary
Ann Marsland, a niece to Mr. Kinch, was sent to the Rev.
C. Marshall to purchase a grave in the Harpurhey
church-yard. The account of the interview was given
by Mrs. Marsland, who remembered all the conversation
verbatim. Mr. Marshall told her that the graves were
of two kinds, either one guinea or two guinea ones. She
decided on having a guinea grave, and subsequently paid
him for it; and in reply to a question from her, he told
her the grave would be Mr. Kinch's to do as he liked with.
This, however, Mr. Marshall denied; and his receipt for
the grave money was given in writing as for a "single in-
terment." Some conversation also took place about the
headstone, and Mr. Marshall said that unless the headstone
was purchased of him in less than three months the right
to put it down would be lost. The headstone was paid for
and pit., 1- up about April,
work and railings wore put up, and the grave was visited
weekly by Mrs. Kinch up to April, 1860. In April, 1860,
Mrs. Kinch took some paint, and painted the railings, and
while doing so Mr. Marsha!l passed through the church-
yard. In May, 1860, Mr. Kinch received a letter from Mr.
Marshall,
saying that if the right to erect the railing over
the grave was not paid for he should take the railing down.
Mrs. Marsland, upon the receipt of this note by Mr. Kinch,
went a second time to Mr. Marshall, and dared him, at him
peril, to remove the railings ; but Mr. Marshall told her he
should undoubtedly do so if the money was not paid. The
iw,ney was not paid, and Mr. Marshall or his servant removed
the railings, placed them inside church, and then sent to
declined to do.--Mr. Marshall, in his evidence, explained
that a person paying only a guinea for a grave had only a
right to inter one body, and the bodies of any ether persons
might be buriel above it in the same grave. It was at his
option whether he would permit a headstone to be placed
at the grave or not. On the other hand, a two-guinea
grave was reserved for the burial of persons who were all
members of the same family ; and the family had the right
of putting down a headstone, &c.—The defence was that
the plaintiff had unlawfully, and to the damage of the de-
fendant's freehold, put up the railings; and therefore the
defendant removed them. In the course of his examina-
tion, Mr. Marshall added that he took the advice of his
bishop before he wrote the letter to Mr. Kinch, but he de-
clined to say whether he was advised to pursue the course
he had taken. He also said that his attention was only
drawn to the railing two mouths before be wrote the letter
to Mr. Kinch demanding payment for the right.--The
Learned Judge told the Jury they would have to say
whether or not the railings were put up unlawfully and
without the leave and license, and against the will of the
defendant; and in order to arrive at that conclusion they
would have to determine whether or not the acts of the de •
fondant indicated a knowledge of the existence of the rail-
ings in the place where they were put, and whether ho ac-
quiesced in their remaining where they were.—The Jury,
after a brief consultation, returned a verdict for the plaintiff
—damages D.

At a dinner party recently given by Queen
Christina at Malmaison, the approaching wedding of her
Majesty's only single daughter was formally announoed.
The young Princess Christina, now in her 20th year, will
shortly marry the Marquis de Campo.Sagrado, son of the
marquis of that name, who occupies a high post in the
diplomatic sere ice, and
.whose usual residence is in the
Asturias. The marriage will be celebrated in the chapel of
the chateau of Malinaison.
The whole of the mail, consisting of 40 bags of
letters and newsi apers, on board the Galway and Boston
mail steamer Connaught, which was burnt in the Atlantic,
was saved. As soon as the steamer caught fire Lieutenant
Cavell, R.N.,the Admiralty
agent on board of her, com-
menced getting up the bags on deck front the mail-room
below, and they were put on board the first boat that left
the Connaught for the American brig which saved the pas-
sengers. Besides the passengers nothing was saved from
the Connaught but the mails. Lieut. Cavell has received
the special thanks of the Postmaster General for his eau.