The Sun.
London, England, 1860-10-08 00:00:00

TEE CILARING-Z;ROSS RAILWAY.

Oerver
The e's,ension (F
ofrom thethe
Soutbsh-Eas.) tern line at Lon-
don-bride to Charing-cross, which when com-
pleted w ill render essential service to the public by ,
relievin g the crowded thoroughfares of the City of
00 MIT ,e a portion of their traffic, is now being
Push( I forward with great activity. Representa-
tions have been made by the Charing-cross Com-
pany to the South Eastern directors respecting the
am' 'lint of assistance to be given to the undertaking
by the latter, and it is understood that the South
FA/Astern board are so fully convinced of the value of
the line to their proprietors that they have come to
the resolution of recommending that the remaining
capital required to complete the work should be
subscribed by their company. The estimated capi-
tal was originally £BOO,OOO, but th'As has since been
increased to the extent of £60,00;), by adopting the
very wise suggestion of Mr. Rawkshaw, and con-
structing the bridge over Ora Thames with four lines
of rails instead of two-, as at first proposed. Of
r
the amount of capitalequired £450,000 was
fixed as the net cast of the land and property to
be taken, and the experience already obtained
shows that tb;.s extension will form the almost sole
exceptim in the history of railways where the esti-
mates on. this head have not been exceeded. It is
higbay creditable to Mr. Ryde, the surveyor of the
company, and proves the careful manner in which
/'As calculations were made, that the property will
have been purchased within the amount which he
had fixed. Of this £450,000 a sum of £40,000 was
paid to the Hungerford-bridge Company for the
landed property, including the existing piers of
the bridge and the wharf on the Surrey side, for-
merly occupied by Mr. Eastwood; and £lBO,OOO
for the purchase of the Hungerford-market Com-
pany's property. These purchases cover all demands
for compensation so far as the railway company is
concerned. The shopkeepers in Hungerford-mar-
ket are for the most part weekly tenants, but by a
clause in the Charing-cross Bridge Act they are
entitled to receive three months' notice, and will be
permitted to take with them on their removal all
trade or shop fixtures which they may wish to
carry away. With respect to the bridge tolls, an
arrangement has been made by the Hungerford-
bridge Company to purchase them for a sum of
£85,000, being 20 years' purchase of the amount
actually taken, When the railway bridge is com-
pleted there will be accommodation provided for
foot passengers by overhanging ways upon each side
of the bridge at the same rate of toll as at present.
The station at Hungerford-market will be 140 feet
in width, and the company are bound to provide at
the entrance into the Strand an open courtyard of
not leas than 100 feet in depth and of the same
width at the railway station. This will involve
the removal of three or four houses which now have
a frontage in the Strand, which are included in the
purchases made of the Hungerford-market Com-
pany. The houses which will have to be taken
down are those occupied by Mr. Marshall, the gro-
cer • Messrs. Allen, the trunkmakers, at the corner
of Hungerford-street; and the adjoining house on
the east side, now a confectioner's. The block of
property purchased by the company is bounded on
the east side for almost the whole distance by
Villiers-street. A large portion of it will be surplus,
and will not be required for the purposes of the
station at present, brit if, as no doubt will be the
case., the South Western or Brighton Companies
sb.ould obtain power to use the station, they will
have to purchase some portions or the whole of this
property for the purpose of enlarging the station.
he first company which shall obtain admission
after the present one will have by far the most ad-
vantageous bargain as respects purchase of property
and those who may come after will have to acquire
property on the Craven-street side, which will pro-
bably be of a much more expensive character. The
chains and ironwork of the Hungerford Bridge
have been sold to a company at Clifton for £5,000
subject to the cost of taking down and removal.
The bridge over the Avon at Clifton is one that was
commenced in 1832, under the superintendence of
the late Mr. Brunel. The piers were constructed on
the edge of the cliffs at a great expense, the chains
were made and were lying on the spot for some years
and were only recently removed to be used in the
construction of the famous Saltash-bridge, also built
under Mr. Brunel, in Cornwall. The first com-
pany failed for want of funds to complete the
work; the association just formed has purchased
the piers for an almost nominal sum, and the iron-
work from Hungerford at less than one-tenth of its
cost. The Clifton bridge ought to be one of the
cheapest in the country. It will have one span
of 700 feet in width, and will have a clear head-
way above high water of 200 feet.
On the Surrey aide the first property taken for
the Charing-cross Railway is the coal wharf of
Messrs. Coles, Child, and Co., west of the present
Hungerford-bridge, the freehold of which belongs
to the Archbishop of Canterbury. A portion only
of this property, as well as of the wharf on the op-
posite side, will be required to be taken. The re-
mainder will still be available for sale or rental.
Leaving this part, the railway will cross the Belve-
dere-road, Sutton-street, the York-road, Anne-street,
Agnes-street,Frances-street, Vine-street, the Water-
loo-road, John-street, and the Commercial-road.
The whole of the property purchased along this part
of the route belonged to the Archbishop of Canter-
bury, and, with the exception of the York-road and
Waterloo-road, it consists of small houses let out in
tenements. In the York-road several of the houses
have shops; the remainder are private houses; and
in the Waterloo-road there are shops and small trade
premises. The railway passes along this part in a
curve of two furlongs radius, and will be, as through-
out the whole of its course, entirely on arches, except
at the crossing of streets and thoroughfares, where
it will be carried by fiat girder bridges. At the
Cornwall-road will be the junction with the South
Western line, which will be effected by a short ex-
tension carried from the main line at the Waterloo
Station across the Waterloo-road, so that direct
access will be obtained to the London-bridge Sta-
tion, or by closing the points at the junction,
the South Western trains may be reversed, and
go on to Charing-cross. It is probable, how-
ever, that a small branch may be thrown out
by the South-Western, over its own property in
the York-road, for the purpose of the Charing-eross
traffic, leaving the Cornwall road junction entirely
for that to and from London-bridge.
Leaving Cornwall-road, where there will be a
passenger station common to both companies, the
line passes along the south side of Brad-street,
crosses Windmill-street and Eaton-street. Here
the property consists of small houses belonging en-
tirely to the Right Hon. Mr. Milner Gibson. The
property between Eaton-street and Broadwall is
of an exceedingly low character, and includes
Mitre-place, Isabella-place, and Bates's-buildings—
it belongs to several small proprietors. From
Broadwall the line passes in the open space be-
tween the backs of Jane-street and Isabella-street,
crosses Collingwood-street, and reaches the Black-
friars-road. The property in this section consists
of ;mall tenements. The whole blocks have been
purchased, but the carcases of the houses will re-
main intact, as only the small outhouses and yards
of Borne of them will be taken. The arches of the
railway will be so arranged as to afford all the re-
quisite accommodation for the tenants, and the
houses will still be available for tenancy. In the
Blackfriars-road a portion of the property consists
of several shops, with business premises in the rear ;
the remainder is of an inferior description. The
principal proprietor is Mr. John King Lethbridge.
On the east side of the Blackfriars-road several
shops and some small tenements, on the south side
of York-street, extending beyond Thurlow-street
and Williamstreet, have been purchased for the
station to be provided at this 'point. The owners
of the property were the trustees of the late Mrs.
Middleton and Mary Bilke. The Blackfriars
station will be on the north side of Rowland Hill's
chapel, and the road will be crossed by a flat
girder bridge. The property in Thurlow-street,
which
asmall
street, is among the worst on the line. It is of such
a character
demned ipy the a short time since it was con-
William-streeet police as unfit for tenancy. From
and
wretched
oGravel-lane there is a number of
very low
_ tenements which belong to
the London abnedeSuouth-Western Railway Company.
These have
purchased, and will be taken
down. A portion of the garden attached to the
premises in the occupation of Messrs. Jones, hat
il
manufacturers, will be required,wli3 and this is the
first case in which a jury
e required to assess
the amount to be given for the
is stated that the amount required is
taken. It
the
fo a j
enormously
ac
above
ase as the a
company real value ;
like to go and this is theres foreujr upon.y
ast such
At Gravel-lane the estate of
irieish e
of and extends 13 VITI-
chester commences, as far as the
e Market. The property on the estate
Borouge. ,
exception, tne vilest and the worst in
is, without
comprises, amongst others, p
London. It pump_
court, Ewer-street, and Mary_ Ann-place. It was
stated in the evidence given before.
the committee
of the House of Commons that such is the charac-
ter of the spot that it is unsafe for a policeman to
night ; that th
trust himself alone
d are filth b e
there at
houses swarm with vermin, an y e_
yond description ; that, in hot weather, the poor
wretches who occupy them are compelled
to leave them, and lie in the streets to
avoid the foul stench, and the attacks of the
vermin of all kinds, who claim and assert their right
to undispited possession. Until a few months since,
and after attention had been directed to this nest of
vice and misery, the streets and courts were not
even Paved. When the surveyors were engaged in
surve.in— this_ property they were compelled at
sr each day to change the whole of their

clothing, and take measures for destroying the offen-
sive forms of animal life which swarmed over them,
and purify themselves from the foulness and filth
which they had acquired during the day.
Leaving this hotbed of vice and crime, the rail-
way passes along the back of the houses on the north
side of Union-street, without taking the houses in
the front. The houses here are principally of a busi-
ness character, including hatmakers, chairmakers,
and an ink manufacturer. The line then crosses
Great Guildford-street, and here it will require a
portion of the premises of the Globe iron foundry.
The arches of the railway will, however, be avail-
able for restoring nearly as much of the space
as will be taken, and it is not probable that
any very serious demand for compensation may
arise in dealing with the property. Much of the
work that is carried on at the foundry can still be
performed under the arches of the railway. The
railway next crosses Bridge-street, leading to the
South wark-bridge, at the point where the road be-
gins to widen, and near what is called by the natives
of this district " the triangular square," which con-
sists of a small three-sided plot of ground surrounded
by iron railings, and in which a few shrubs struggle
to live, and grass strives to look, green and fresh.
a
There are some hatmakers and brazier's premises
at this spot which will be taken at no very serious
cost. From this point the railway passes a corner of
the south side of Southwark-square, without, how-
ever, taking any of the house property; it then crosses
Worcester-street, but without touching a large hop
warehouse. Here the railway will intersect the
new street in Southwark, which has been so long
on the hands, or rather on the tongues, of the Board
of Works. The point of intersection will be where
Emmanuel-court and Angel-court come into Red-
cross-street. The new street will be 70 feet in width,
and the property at this point is of no small value.
Leaving the new street, the railway will touch
some property owned by " the President and
Governors of the College of the Poor of St. Saviour's,
Southwark." It consists of a number of alms-
houses built around and enclosing a burial ground.
These small houses have been erected with moneys
left by various charitable individuals, such as Cure,
Spratt, and others, and their windows look out only
upon the burial ground, as though the donors
wished always to keep before the tenants the salu-
tary lesson of their mortality. Leaving these abodes
of cheerless poverty, the railway skirts along the
backs of small houses in Park-street, and then tra-
verses the Borough-market. It will cross here at
a considerable elevation, and will be supported en-
tirely upon iron columns. By way of compensation
to the market, the company are bound by their act
to purchase and remove some house property, and
add the land to the area of the market, which will
then be much more convenient and commodious
than at present. From the Borough-market the
line will pass on to Wellington-street, taking
several houses on the west side, and cross the street
by a girder bridge. To reach this point a gradient
of about 1 in 100 will be required, all the rest of
the line being practically level. On the east side
the supports of the bridge and of one or two arches
will rest upon a piece of vacant ground at the cor-
ner of St. Thomas's Hospital. This is the point where
the heaviest compensation has been demanded. Al-
though not taking any portion of the buildings, the
company offered during the progress of the bill to
purchase the whole of the land at a valuation, and
to give to the hospital in addition a sufficient sum
Ito build another hospital at some distance out of
town. This offer was refused. The committee offered
to name a sum which they thought the company
should give by way of compensation. The proposal
was rejected. ,The company proposed to build
another wing to the present hospital on the eastern
side, which would afford accommodation to all the
patients who occupy the north wing, near which
the railway would pass, still leaving that wing for
any purpose which the hospital authorities might
require. This and various other proposals were also
rejected. The act was finally obtained without spe-
cifying any compensation ; but stipulating only
that 18 months' notice should be given of the in-
tention of the railway company to proceed with their
works, and that a jury should assess the value of
the property taken, and the amount of compensa-
tion. This claim is still undecided. The best thing
which could be done would be to remove the hos-
pital altogether—for there is surely no necessity
for two establishments of the kind adjoining each
other, as St. Thomas's and Guy's now do—and re-
build it in Lambeth, or in some part of the suburbs
of the metropolis which does not at present possess
the advantage of a hospital in its neighbourhood.
Leaving the hospital, the railway will traverse,
with but one small exception, the property of the
South-Eastern Railway Company, as far as Ber-
mondsey-street, where the Charing-cross branch
will effect a junction with the main line. From
Tooley-street to the point of junction the main line
will be widened by three lines of rails, to accom-
modate the West End extension, the company
being the owners of the property required for the
purpose of this widening.
The bridge, which is the heaviest portion of the
work, is now being proceeded with rapidly, under
the direction of Mr. Hawkshaw, the railway engi-
neer. The line will, it is expected, be ready for
opening by the end of the next year.

STREET RAILROADS IN 2HE

METROPOLIS.

Saturday was specially appointed by the Maryle-
bone Representative Council for the consideration
of two important public questions. The first as to
the appropriation of the site of ground or enclo-
sure known as the Oval, situate at the northern
extremity of the Portland-road, facing Trinity
Church, as a station for the use of the Metropolitan
(Underground) Railway, upon condition that they
gave up certain land for the widening of the Mary-
lebone•road at and near Stafford-street and the
Yorkshire Sting° ; and the second as to the adop-
tion of a report recommending the sanctioning of a
plan of street railways by Mr. Train, the inventor
of street tram-roads in New York and other places
in America.

Mr. Churchwarden CHARLES CARR occupied the
chair, and the report recommending the granting
the site of the Oval at the northern end of the Port-
land-road to the Metropolitan (Under-ground) Rail-
way for a station, on the conditions above referred
to, having been read by Mr. Green well, the vestry
clerk,

Mr. HODGES moved the adoption of the report,
which had been voted unanimously in a very large
committee. He believed that that board had lull
power to make this grant, although there was some
doubt as to the actual ownership of the land which
had been enclosed by that parish. As an equiva-
lent for giving up this site the directors had agreed
to surrender certain portions of the ground which
they purchased between Stafford-street and Chanel-
street, so as to enable the Marylebone-road to be
widened as well as straightened at that point,
where, as they well knew, there was at present a
most awkward turn. The engineer and solicitor of
the company had met the committee in an exceed.
ingly good and fair spirit; and Mr. Burchell, the
solicitor, had stated that he had no doubt of the
directors assenting to this arrangement, provided
the vestry should agree to it. The committee looked
upon it as being most advantageous to the parish,
and therefore they recommended the plan for adop-
tion.

Mr. C. FREETH seconded this resolution.
Mr. GREENWELL, the vestry clerk, said—By the
3d of Geo. IV , cap. 84, sec. 55—the Marylebone
Local Act—the piece of land at the Portland-road
being then.a nuisance, was placed under the control
of the vestry upon condition that they should put
a railing round it and plant a shrubbery therein.
They did so, and there was a subsequent agreement
that they should purchase it of the Woods and
Forests for the sum of £4O, which was never carried
out. The railway company, under their act of par-
liament, would have a right to purchase this land
if they thought proper. All that the vestry was
required to do was to give up the ground and the
iron railing.
The resolution was put and carried unanimously.
On the report with reference to the tramway,, pro-
jected by Mr. Train, to run from St. John s-wood,
through Baker-street, Portman-square, &c., into
Oxford-street, and a return line up Oxford-street
from Regent-street, and through Gloucester-place
to the New-road, and so on to St. John's-wood,
being brought up for consideration,
A letter was read from Mr. Curtis, of Crown-
court, Old Broad-street, claiming a far superior in-
vention as to street railways, in the shape of a car-
riage capable of carrying 60 persons, with the
wheels so constructed that in the event of any ob-
structions the flanges would shut up in such a way
that the carriage would at once run on the ordinary
road like any other conveyance. The letter urged
the vestry to give his plan the advantage of con-
sideration before deciding the question. A com-
munication was also read from the directors of the
London and General Omnibus Company'
stating that, through the reports in the public
journals, they
had observed that a committee of
the Vestry of St. Marylebone. had been appointed
and that they had reported favourably, and had
adoptel, or were about to adopt, a proposal made
by Mr. Train, for laying down a street tramway,
subject. The director
in 183
and that a full discussion wofas to be held upon the
Omnibus. Company state that the'
ton was made to Parliament and London General
t7c-,
the.B an
Maryle-
boneappli e a -
pacnonysiLsranction. a scheme
. vestry by that company
soupderi.or to that
lii Parlia-
pie then
similar, but which they
of Mr. Train's, but which was op
dmtihnatlimalrl.
ment by the Marylebone Vestry, iilirsoeu
hon. member for the borough, Sir Benjamin
On that occasion the directors allege]
Hodges, as chairman of the committee upon the.

subject, expressed a very strong opinion against
the scheme before the Chief Commissioner of Pub-

lie Works, on account of danger to the public, and
obstruction of traffic. The directors state that they
have, therefore, seen with surprise the favourable
reception given to the project of Mr. Train to lay
down an experimental line in Oxford-street, of
much greater extent than that formerly proposed
by the London General Omnibus Company in the
New-road. They, therefore, relied upon the jus-
tice of the vestry not to injure their commercial
enterprise by granting to another party the privi-
lege which had been refused to them, especially
after the expense they had been put to. The di-
rectors were in a position to enter upon the work
as soon as the required sanction should be granted
to them. They, therefore, requested the board to
defer their decision on the plan of Mr. Train until
the directors of the London General Omnibus Com-
pany had an opportunity of submitting their plans,
and trusted that some consideration would be ex•
tended to them as the first promoters of street
railways.
A letter was also read from the West Middlesex

Water Company, inquiring if the vestry had consi•
dered what damage was likely to accrue, or how
the company were to get at water mains requiring
repairs in the line of route of the proposed street
railways.
The CHAIRMAN said that a deputation from the
London General Omnibus Company, consisting of
Messrs. Law, Armani, and M'Namara, directors ;
Mr. Wilkinson, solicitor, and Mr. Church, secre-
tary, were in attendance.
The deputation were admitted, and having made
a statement as to their claims, embodying those
contained in their letter, and answered a number
of questions,
Mr. HODGES moved the adoption of the report.
Mr. GRIFFITHS seconded the adoption of the re-
port.
Mr. FILMER, moved an amendment to the effect,

" That this board does not consider it expedient at
present to give permission for a line of street rail-
way to be laid down on the proposed route, and
that the further consideration of the matter be
postponed until after the opening of the projected
railway in Victoria-street, Westminster."
Mr. IluTcHEoNs seconded the amendment.
Mr. WINGFIELD supported the amendment, be-
cause he thought improvements upon Mr. Train's
plan might be brought forward.
After long discussion, the question was put, and
the amendment negatived. On which
Mr. HERRING moved, and Mr. WINGFIELD
seconded a further amendment—" That the report
be referred back to the committee, and that such
committee consider the other plans of street rail-
ways that may be brought before it, and report

therem."
This amendment was carried by a :arge majority,
and the meeting adjourned after a long sitting.

P.ROSECUTION BY A CLERGYMAN FOR

SINGING AT d FUNERAL.

At the petty sessions at Smallburgh, Norfolk,
on Tuesday, a charge was preferred by the Rev.
Edward Pote Neale, ♦icar of Horsey, against
Joseph Fish and Ann Nockolds, two of his
parishioners, and parties in humble condition, of
having, on the 29th of August last, been " guilty
of indecent behaviour in the churchyard of the
said parish of Horsey, by then and there singing
on the way to and at the grave of an unbaptised
child, by which singing the said Edward Pot Neale
was then and there vexed and troubled, he being
then and there the vicar of the said parish, and the
only person duly authorised to perform the burial
service in the churchyard of the said parish, con-
trary to the form of the statute in such case made
and provided."
There was a full bench of magistrates, viz. :—Sir
J. Preston (chairman), Captain Cubitt, R. Rising,
Esq., Rev. E. Wilkins, Rev. T. J. Blofeld. Several
clergymen were present to witness the proceedings.
Mr. Fisher (of London) appeared for the prosecu-
tion ; and Mr. W. H. Tillett (Norwich) for the de-
fence.

Mr. Fisher, having addressed the bench, called
The Rev. E. P. Neale, who deposed—On Monday,
the 27th August, I called on Mrs. Webster, having
heard that her child was dead and unbaptised, and
in as gentle and kindly a manner as I could, I told
her I should be unable to perform the burial service
over the child, and that I was sorry she had ne-
glected to have it baptised. She said, " Then I shall
have prayer and singing over it," to which I replied
that such a thing would be illegal, and I hoped she
would not think of it. She chose the spot where
she would wish the child to be buried, and we then
parted. Next Right, having heard that she intended
to have singing over the grave, I went to her with
my wife, and in the kindest manner begged her not,
saying that if she would give up the idea, I was
quite willing that she should have the child buried
on the spot she had selected, and that I trusted we
should continue to live in love and kindness as
heretofore. After a great deal of abuse from her,
I asked her as a favour to myself to have no singing,
and she promised distinctly that there should be
none. I then appointed the funeral to take place at
1 o'clock the next day. On the Wednesday, I heard
praying outside the church gate (which I had told
her could be done), and shortly afterwards I was
informed that singing was going on inside, and on
going, I found Joseph Fish, Mrs. Nockolds, and
several others, singing over the grave. I said,
" Joseph Fish, and all here present I most solemnly
protest against what you are now doing," which I
repeated three times, but they did not desist. I felt
very much vexed and troubled, particularly as it
was against a decided promise given to me, and on
which promise I had allowed the grave to be dug
where it was. Several of my parishioners were pre-
sent, and saw my at ttiority set at defiance. The
family had only lately come into the parish, or, had
I known the child was unbaptised, I should have
asked the parents to have the rite performed. One
thing (continued the witness) I wish to add—my
earnest desire that this should not be considered as
proceeding from an unkind feeling. My wish has
been from the beginning to do what was kind to
these parties, in proof of which I saw Fish a day or
two ago, when he said, "Oh I regret exceed-
ingly ever having done this, I mill never do it
again," and I replied, " If you will come and sign
to that effect, I should be happy to forego the pro-
secution."

The Chairman thought they could hardly go into
that.

Cross-examined—l have known Mr. Fish about
30 years. and he has borne a good moral character.
Mr. Tillett—You have said, " after a great deal
of abuse from Mrs. Webster." Can you favour the
magistrates with the words she used ?
Witness (after reflecting)—She said, " Now you
may talk about this sort of thing and the other as to
the burial of this child, but I tell you what—l shall
bury it in any part of the churchyard I like, and I
shall have a minister there, and he shall come as
they have a right to come in spite of you or anyone."
After further examination,
Mr. Tillett addressed the court for the defence.
He said the information was laid under a recent
act, which was framed to meet certain disturbances
in the parish of St. George's-in-the-East, with
which everybody was familiar. It was passed in
consequence of the inability of a previous act to
suppress disorderly conduct in churches. The law
as it previously stood rested mainly on a statute of
the Ist Mary, cap. 3, which was an act against of-
fenders in thechurch, andin the sth and 6th clauses
of the new act it was declared that nothing therein
was to be construed as repealing or ix any way al-
tering the old act. The preamble of the old act
stated that, " forasmuch as it is necessary in every
Christian commonwealth to provide that tranquil- ,
lity and peace may be preserved and continued
amongst the people, and especially in Holy Church
in the time of Divine service and administration of
the sacrament and sacramentals, as before this time
it hath been accustomed in holy communion within
this realm, and that all things being contrary there-
itma
nhn preservation
tsd hyree thereforeraelmiguniversal.n,,o rfiqotfuhhiiti
eesnhtaßene dueeotzsm:st
uthaaienemne
yende
unto, or that are or may be in disturbance thereof,
may by foresight be eschewed and avoided, and re-
dthoe, iorroswhnallpowwielrlinogrlayutohroriotfy
s
in the 2d section that " if any
w'
as:, provided,orhHudo
lei
dgir hotmbnose
a bees
rrsa yy,s
used
eewellea deewithin
fora t
ht hiforne
overt word, fact, act, or d maliciously or con-
temptuously molest, let, disturb, vex, or trouble, or
by any other unlawful ways or means disquiet or
misuse any preacher or preachers allowed or autho-
rised to preach, &c., in any of his or their open ser-
mon, preaching, or collation, that he or they shall
make, declare, preach, or pronounce in any church,
chapel, churchyard," &c. He wished them eed
purposeat persona ny time obr plweet
opraersesnont madeani cmast
neeo
ddsf
espe-
cially to notice that it was a disturbance of any
clergyman in " open sermon, preaching, or colla-
tion," and the same words were introduced into
the recent act. It was not the mere vexing of a
clergyman which rendered a man liable to pro-
secution, it was the disturbance of the worship
of God which that act was made to meet. The
next section clearly showed the spirit in which the
act was framed, for it was directed against any
celebrating
the or
person who shall disturb any priest " preparing,
saying, doing, singing, mini
sth clause of itself would be sufficient to upset this
the mass," or other Divine service. Moreover, the
information.
Mr. Rising—Your are speaking of an act which
The new
merely applies to offenders in the church.
act applies to further cases.
After some further discussion as to the meaning
of the act,
Mr, Tillett paid he would leave the law to the

bench under Mr. Rising's guidance, and come to
the facts, which, as he was instructed, were briefly
these :—A child of Mrs: Webster, of Horsey,
about three quarters of a year old, died. The mo-
ther went to the clergyman and asked for burial,
but the clergymen refused, the child being unbap-
tised. She then obtained leave for the grave to be
dug, and he was instructed positively that there
was no understanding at all as to not singing.
Whether that was so or not did not, however, enter
into the facts, for whatever understanding there was
could hardly govern the law of the case. The
grave was dug, and Mrs. Webster requested Mr.
Fish, one of the defendants, knowing him to be a
God-serving man, to attend at the church, that the
child might not be thrown into the grave as a dog,
but might have some funeral celebration as far as
could be done consistently with the feelings of Mr.
Neale. There was no wish on the part of his clients
in any way to annoy Mr. Neale. They were reli-
gious, God-serving people, and would just as little
wish to annoy Mr. Neale as Mr. Neale to annoy
them. They carried the child to the churchyard,
and feeling it hard that they should not be allowed
to go in, not understanding Mr. Neale's reasons,
they knelt down outside in the road and there
offered up prayer. They then rose and in orderly
procession walked to the grave, when they sang
this hymn :

Alas I how soon the body dies,
'Tie but an earthy clod;
Each passing moment loudly cries—
" Prepare to meet thy God."
Behold he comes in yonder cloud,
All nature feels his nod ;
The whole creation cries aloud—
" Prepare to meet thy God."
And then the clergyman came and protested agains
what was being done. Not a word was said by any
person present to annoy him. If there had been
any feeling in their breasts against him some word
would have escaped the bystanders ; but the occa-
sion was too solmn, there was nothing of the spirit
of annoyance, nothing there, one would think, to
vex a minister of Christ. Everything was solemn,
and yet this information, laid on the 29th August,
stated that these parties were guilty of " indecent
behaviour in the churchyard of the said parish, by
then and there singing on the way to and at the
grave of an unbaptised child." Really it almost
reminded one of the Popish days of Mary to hear
that people singing a hymn were guilty of indecent
behaviour. Words can scarcely express the indig-
nation one felt that the singing of a hymn like this,
which, to say the least, was done purely with reli-
gious emotion, should be accounted a crime, and
these parties branded as criminals. Persons singing
a hymn thought guilty of indecent behaviour ! One
could scarcely help feeling that to refuse to bury an
innocent babe was much more like indecent. be-

haviour.
The Rev. Mr. Wilkins—l am no bigot in these
matters, but, according to the rubric, a Christian
clergyman cannot bury an unbaptised child. We
have no power.
Mr. Tillett—l merely give that as my feeling.
Mr. Wilkins—But if not contradicted it would
go forth as submitted tä, and I wish therefore to
state that as a clergyman I have no earthly power
to read the service over an unbaptised person.
Whatever feelings I may entertain, the rubric spe-
cially forbids such being done, and I have no option.
Mr. Tillett—Well, I simply urge that these par-
ties were not within the meaning of the act in sing-
ing that hymn, guilty of indecent behaviour. I leave
it in your hands.
Before the court was cleared,
Mr. Neale said he wished to say that if there i
should be a penalty, he asked that it might be the
smallest possible. Even now, if these parties would
promise that such a thing should never occur again,
he would quash the affair at once.
The Chairman asked the reverend gentleman
whether he was willing to do so at that moment,
but Mr. Neale declined.
After nearly an hour's deliberation, the court was
re-opened, and
The Chairman said—We consider an offence has
been committed against the law by these parties,
in singing a hymn in the churchyard, and the fine
we impose is merely nominal to show that it was
an offence. We fine the defendants ls., and ex-
penses 13s. in each case, or in default, three days,
imprisonment.
Mr. Tillett said he considered it his duty, under
the 4th section of the act, to appeal to the quarter
sessions.
The room was again cleared for deliberation, and
after a considerable interval, the bench announced
that they would require the parties to to give
sureties, themselves In 140, and two sureties each
in £2O, to prosecute the appeal.
The sureties were then offered, and, after a
minute examination of the parties by the bench as
to their worldly possessions, were accepted, and
the proceedings then closed.