The Sun.
London, England, 1860-02-07 00:00:00

LAW INTELLIGENCE.—Feb, 6.

;5, Feb. 6.

phreys turned round to the other boys and said,
" What the deuce are you at 9" With the assistance
of Mr. King, a solicitor, I took him from his seat.
Mrs. Draper said, " He has done nothing."
By Mr. Yardley—l saw Wright move his legs
and strike the seat.
Wright—Why, two boys were kicking on each
side of me. I did nothing.
Mr. Thompson, in answer to other questions by
the magistrate, said Mrs. Draper was sitting two or
three seats in advance of Wright, and said he had
done nothing ; it was in her ordinary mode of
talking.
M. 'Yardley—At that time, you tell me, there
were great noises in the church?
Mr. Thompson—Yes, sir; fearful noises.
Mr. Yardley—You cannot say what she said
disturbed the clergyman ?
Mr. Thompson—No, sir.
Mr. Yardley said the evidence amounted literally
to nothing. It might be there was a very great
disturbance in St. George's Church deserving of the
highest censure, but the churchwardens had not
got at the head and front of the offenders. It was
of no use to bring a lot of boys before him unless
there was some evidence against them. There was
nothing that was tangible. It was not pretended
the prisoners acted in concert, or disturbed the
clergyman. As to the little boy, the churchwarden
could not say he kicked the seat. It was as likely
to be some one else as he. With regard to Mrs.
Draper, her offenee was literally nothing. She
bad only said "He has done nothing." Unless
Mr. Howell could carry the case further, there was
literally nothing against the prisoners.
Mr. William Warwick King, solicitor, of College-
hill, who had been engaged in some of the prosecu-
tions at this court on behalf of the Rev. Bryan King
and other clergymen of St. George's, confirmed the
evidence generally of Mr. Thompsoe, and added
that while the people in one gallery were singing
" Rule, Britannia" the people in the opposite gal-
lery were singing " We won't go home till morn-
ing, till daylight does appear." Mrs. Draper said
" Why do you touch that boy ? " in a louder tone
than ordinary. When Mr. Thompson put his hand
upon Wright the boy said " I will summon you."
There was a great deal of noise in the gallery where
the boy -Wright was. The noise, confusion, and
riot were terrible, and a scandal and a disgrace to
a Christian country.
Mr. Yardley—l perfectly agree with you, sir.
It is perfectly shocking. Have you any other evi-
dence, Mr.. Howell ?
Mr. Howell—No, sir. All I can say is the
churchwarden is desirous of putting down these un-
seemly riots. It is a great pity those who do not
approve of the ceremonials and services of the rector
and clergy do not stop away.
Mr. Yardley said the case amounted literally to
nothing. He hoped the general remarks he had al-
ready made, and those he was about to make, would
do some good, and that ho should not again hear
of these frightful disturbances in a place set apart
for the worship of Almighty God. He was, how-
ever, almost inclined to despair of it—he utterly
despaired of it. (Sensation.) He had said all he
could in the way of advice, admonition, and remon-
strance. The strong arm of the law must be applied
to put an end to the outrageous proceedings in St.
George's Church, for things wore carried on to an
extreme. If the general disturbances were ever so
great, and whether persons went to the church with
one common design or not, they ought to be pro-
ceeded against for a riot ; if it could be proved they
were acting in concert it would amount to a conspi-
racy. He would point out how stringent was the
protection thrown over our churches and chapels,
and what severe penalties people were subjected to
who were guilty of brawling in church or chapel,
or disturbing a congregation. Mr. Yardley, after
quoting the acts of Queen Mary and William and
Mary for the punishment of persons disturbing a
congregation, or disquieting preachers, said the
penalties of fine and imprisonment to be summarily
inflicted by magistrates were very severe, and
he and his colleague would put those acts in force
when necessary. Mr. Yardley then went on to say
there was a more recent act of Parliament, 7 and 8
Geo. IV., cap. 30, the Bth clause of which enacted,
" that if any persons riotously and tumultuously as-
sembled together, to the disturbance of the public
peace, shall unlawfully and with force demolish, pull
down, or destroy any church or chapel, or any chapel
for the religious worship of persons dissenting from
the United Church of England and Ireland, duly re-
gistered, every such offender shall be guilty of felony,
and, being convicted thereof, shall suffer death as a
felon." The capital punishment was repealed, but the
punishment was still very severe—penal servitude
or transportation for life—and he (sir. Yardley)
hoped people would take notice of the words " begin
to demolish, pull down, or destroy any church or
chapel," and the serious consequences that would
follow auy attempt of the kind. A still more recent
Act, the Bth and 9th Vic., cap. 44, sec. 1, enacted.
" that every person who shall unlawfully and mali-
ciously destroy or damage any picture, statue,
monument, er painted glass, in any church or chapel,
or other place of religious worship, or any statue or
monument exposed to public view, shall be guilty
of a misdemeanour, and being convicted thereof
shall be liable to be imprisoned for any period not
exceeding six months, and, if a male, may during
the period of such imprisonment be put to hard la-
bour, or be once, twice, or thrice privately whipped."
Mr. Howell said that act was passed for the
better protectien of works of art and scientific and
literary collections after the destruction of the Port-
land Vase in the British Museum.
Mr. Yardley—Yes, and also applies to pictures,
statues, monuments, and painted glass in our
churches and chapels. I would have put that act in
force if it had been proved that the prisoners before
use had injured the monuments and painted glass in
St. George's Church last night. The third and fourth
clauses of the same statute enacted "that any per-
son found committing any offence against this Act
may be immediately apprehended without a warrant
by any other person, and forthwith taken before
some neighbouring justice of the peace, to be dealt
with according to law ; and every person who shall
abet, counsel, or proouro the commission of any
offence against this Act, shall be punished as a prin.
cipal offender." It should be borne in mind that
magistrates had to deal summarily in such eases, and
accessories were liable to conviction as well as princi-
pals. It would be going out of his wry to say what he
would do if a case was made out under any of the
statutes ho had quoted. 'Whenever a case of creating
a disturbance in a church was made out, he could
answer for himself, and also for his colleague Mr.
Selfo, that the summary powers intrusted to
them would be put in force. He hoped what he
said would be taken by the prisoners, and by others
in that court, as a warning. If any person did in-
jury to the statues, ornaments, or painted glass in
a church or chapel, the punishment was six months'
imprisonment and hard labour. If there was a riot
or tumultuous assemblage in a church, every one
present or taking part in it was liable to be indicted,
and people once joining in such an offence might
be induced, in a moment of excitement, to go fur-
ther and peril their liberty for the rest of their
lives, and bring their friends to grief all their lives.
A stop must be put to these notorious scenes, which
had been going on every Sunday for a long time.
It was not a question of good doctrine or bad doc-
trine, or whether the services as ceLducted in St.
George's Church were objectionable or not, but
whether mob law was to be tolerated in this coun-
try. He could not help thinking if the persons
whose duty it was to preserve law and order in the
church had exerted themselues with more vigilance
and zeal, these scandalous scenes, so disgraceful to
the country, would have been long siuce put down.
Let every person who heard him rely upon it, that
if any offenders were brought before him or his col-
league, the law as it stood would be put in force.
Once more, he must say, a stop must be put to these
outrageous and disorderly proceedings. Nothing
tangible could be proved against the four prisoners,
and they must be discharged. They knew best why
they went to St. George's Church on Sunday night.
He assumed they did not go there for a good pur-
pose. Perhaps they went with the intention of
being present at a disturbance. If they did that
again they might find themselves involved in serious
consequences. If any wicked persons went to the
church to destroy property the punishment was six
months' imprisonment and hard labour, and they
might probably go further, and involve themselves
in a charge of riot, and subject themselves to two
years' imprisonment ; or be concerned in the par-
tial demolition of the interior of the sacred edifice,
and then the punishment would be penal ser-
vitude for life. He was afraid things would go
on from bad to worse, until persons were brought
before him on charges involving a sentence of penal
servitude for their natural lives. He hoped tke
peaceable and well-disposed would join the autho-
rities of the church in restoring peace in the dis-
tracted parish of St. George, and for ever putting
an end to a state of things which every rightly.
constituted mind must sincerely deplore. If it
should happen there were any more of these dis-
turbences in St. George's Church, he hoped the
ringleaders, the principal offenders, would be
brought before him.
Mr. Howell—l hope they will, sir. I feel much
obliged to you, and so does the churchwarden, for
the great pains you have taken in explaining the
law, and I hope, sir, it will have its proper effect.
Mr. Yardley—l hope it will. I hope those who
have heard me will profit by what I have said. I
hope for the best.
Mr. I lowell—The gas columns, the galleries, and
the banisters of the reading-desk were greatly
damaged last night.
Mr. Yardley—Keep your eyes open and be vigi-
lant, and further damage will be avoided.
The following statement lots been prepared on

behalf of the rector and clergy of this distracted
parish :
" There was no disturbance at all at St. George's church
till after the appointment (by the vestry) of the Rev. Hugh
Allen as lecturer, a clergyman whose opinions it is hardly
necessary to say are violently opposed to those of the rector
of St. George's. Mr. Allen preached for the first time on
Sunday, May 22, 18.59. On that day he intruded himself
upon the rector's usual afternoon service, though warned
by the curate not to do so ; and whereas the usual hour for
the afternoon service was 4 o'clock he commenced the ser
vice at 20 minutes before 4, so as to pre-occupy the church
and hinder the curate from conducting the usual parochial
service. This gave rise to great confusion and disturb-
ance for the first time in the church. When it was decided
by the Court of Queen's Bench that the lecturer should
have the use of the church at a reasonable hour, which the
rector might appoint, the rector offered him the use of the
church at 5 o'clock on Sundays, that is, after the rector's ser-
vice, as suggested by the Court; but on his expressing a wish
to have his service before the parish service, this was at once
agreed to, and it was arranged that the lecturer's service
should be at a quarter past two. The lecturer himself had
wished that it should be at half-past two—the rector that it
should be at two o'clock, from the fear, which subsequent
events justified) of some unseemly collision. Ultimately it
was settled that the lecturer's service should be at a quarter
past two. It will be seen by this that, so far from the hour
of the lecturer's service being any real grievance (as was
afterwards alleged), the rector even extended the privileges
accorded to the lecturer by the decision of the Court, and
offered him the choice of having his service either after or
before the usual parochial service, and it was the lecturer
himself who preferred that it should be before the rector's
service. That the rector judged rightly in wishing the lec-
turer's service, if it was to be before his own, to be as much
before as possible, is proved by the fact that many of the
lecturer's congregation habitually remained in church after
their own service was ended, to annoy the rector and his
congregation at their service, which followed soon after,
while the rector's congregation, on the other hand, never
once sought to give any annoyance or to interfere in any
way wit h the lecturer's service.
" After having been closed in September by order of the
bishop, who hoped that this step would put a stop to the
disturbances, on the Gth of November the church was re-
opened after the bishop's arbitration; but, so far from the
rector's concessions being met by a corresponding spirit on
the other side, the riots began anew with more violence than
ever. The mob took possession of the seats occupied by the
choir, and turned the clergy and choir out of their places in
the church. They'shouted the responses aloud in the meet
indecent and outrageous manner, sometimes into the very
ears of the officiating minister ; they tried to stop the prayers,
lessons, and sermon, by continued coughing and hissing,
stamping of feet, whistling, and slamming pew doors. They
turned dogs, howling from the effect of drugs purposely ad-
ministered to them, into the church, on one occasion, and
on another occasion crackers were let off, and musical in-
struments used in the church to disturb the service. On
more than one occasion clergymen and laymen were
spat upon, pelted with stones, and had mud thrown in their
faces in the streets. In short, the mob behaved just as the
dregs of society would behave anywhere if they thought
they might do so with impunity. Whether the local au-
thorities really did their best to check, or even to discoun-
tenance these disturbances, is a matter which those who
have read the papers must judge of for themselves. The
presence of the police in church for several weeks hindered
the outrages of the mob for a time, but the force was. sud-
denly withdrawn on New-year's-day, notwithstanding the
earnest request of the rector that the withdrawal might be
gradual, and the riots aro now worse than ever.
" As it had been tated that the rector has forced a choral
service on an unwilling congregation, it may be as well to
state the origin of the choral services at St. George's. In
1544 the churchwarden illegally locked up the organ, and
refused to allow it to be used at service at all, paying the
organist's salary on the express condition of his refusing to
play ; and this he did because the rector continued the use
of the church militant, which was advised by the late
bishop. After remaining for several months without any
music whatever, members of the congregation at last agreed
to pay a choir, so as to be independedt of the use of the
organ, and in this way the choral service was begun, which
has been continued uninterruptedly from that day to this—
a period of fifteen years. No one can reasonably suppose
that the choral service which is used in all cathedrals, in
several parish churches, and at ;the special services for the
working classes at St. Paul's and Westminster Abbey
could be any real cause or justification of the riots in ques-
tion.
" About four years ago the rector invited some clergy-
men into his parish, who proposed to establish a mission in
some large and poor parish, without any expense to the
parishioners themselves, subject, of course, to the Bishop
of the diocese. Two mission chapels have since been opened
by them in the parish of St. George's, with Sunday and
daily services, free to all classes alike. They have esta-
blished and maintained Sunday and daily schools. Under
their advice aid encouragement ladies have been associated
together to visit and relieve the sick and to rescue the poor
women of that neighbourhood from sin and misery. Very
considerable expense has been incurred in this way for the
spiritual welfare of the parish, and much good has really
been effected by these means, while the return which they
have received has been to be sneered at and insulted, enema
occasions put in peril of their lives, and to have their
chapels invaded, and the services interrupted by a riotous
mob. Is it just and fair, then, that this state of things
should be allowed to continue at St. George's? Why are
those who violate no law themselves to be deprived of the
protection of the law ? Can it be believed that there is any
religious principle whatever in the riotous mobs which are
thus tolerated and connived at P Can it be believed that no
way could be found of putting an end to such riots if they
occurred at St. George's, Hanover-square, or St. James's,
Piccadilly ? All that is asked for is fair play, and that
Divine worship in St. George's-in-the-East should not be
deprived of that protection which is extended in this land
to all forms of worship."
The vestry have appointed Thursday the IGth
inst. for the election of a lecturer in the room of
the Rev. Hugh Allen, M.A., who has been pro-
moted to the rectory of St. George's, Southwark.
It is to be hoped that their selection will not tend
to increaae the unhappy divisions which at present
prevail in the parish. There are a considerable
number of candidates; but it is thought that the
choice of the vestry will fall upon one of the fol-
lowing gentlemen :—The Rev. George Eastman,
8.A., of St. John's College, Cambridge, rector of
Draycot Foliatt, Wiltshire, late curate of Stepney;
the Rev. Thomas Richardson, of St. Bees' Theolo•
gical College, incumbent of St. Matthew's Church,
St. George's-in-the-East; the Rev. J. P. Courtenay,
8.A., late curate of Whitechapel.

CAPTURE OF TWO CONVICTS,

A most daring escape or two convicts from a rat_
way train while in motion occurred shortly after
four o'clock on Saturday morning last, on the Great
western line between Reading and Twvford. It
appears that 13 convicts were under orders of re-
moval from Dartmoor prison to Chatham, and they
were placed in the train in two lots, nine being un-
der the charge of two officers, and the remaining
four with one officer, occupying two separate com-
partments in a second class carriage.
The convicts were fastened to each other by the
hands with the usual irons and chains, and they
were all orderly and quiet, nothing occurring to
excite suspicion that any contemplated effecting an
escape.
The train left Reading soon after four o'clock on
Saturday morning, and when three miles distant
from the town two of the convicts, named John
Brown and Robert Bevill, who were in the compart-
ment where there were nine, suddenly jumped from
their seats and leaped through the window of the
door, the train at the moment running at the rate of
30 miles an hour. The officers in charge were natu-
rally amazed at their intrepidity, but on looking
near the doorway it was discovered that both of
them had managed to slip the irons from off their
wrists, and that therefore they were not shackled
in any way in their movements. The other convicts
did not exhibit any desire to be refractory or 'violent,
the experiment of escaping not being one which
they were disposed to adopt.
On the arrival or the train at the Slough station
the railway authorities were made acquainted with
the escape that had been effected, and as it was
supposed that the convicts must either have been
killed or injured the wheels of the carriages were
examined to see if blood was discernible. None,
however, could be traced, and therefore it was ima-
gined that they were not killed, but that they
might have sustained such injuries as to disable
them from getting far away. Telegraphic mes-
sages were forwarded to the police, both borough
and county, at Reading, and on Saturday morning
the chief constable of the county gave directions
for the men to examine the woods and thickets be-
tween Reading and Maidenhead. This order was
executed on Saturday and Sunday last, but with-
out any trace having been found, or any informa-
tion obtained of the missing convicts. The police
of the borough of Reading were very active in their
inquiries, and had arranged for information to be
given to them in the event of any strange or sus-
picious men being seen in the town.
Soon after the time for the commencement of
services at all the places of worship in the town on
Sunday evening, two men of remarkably strange
appearance and dress excited the suspicion of a man
passinc, along the Market-place. At once ho pro-
ceeded to the police-station, and the description he
gave to Sergeant Townsend, the officer in waiting,
led him to suspect that they were the men who
had jumped from the train. He hastened to the
Market-place, but the men were not there ; he pro-
ceeded further, and meeting with Inspector Hardi-
man he communicated to him his suspicions, and
they both made off for the men. The officers saw
them in the High-street, near the shop of a hair-
dresser
taunr;
dn
elnspectedh around,rgeodr
them
nonn seweeni
sdt
ehigz obe tde
being
ft ri
eiosrbc, tya,
potefhdte hcceoomn
th
con-
victs. Inspector Hardiman instantly l
resn,
tly took charge
of Bevill, and Inspector Townsend held the other
prisoner, Joiln Brown. The latter made a most
desperate resistance and used fearful ep'thets, say-
leg he would not be taken by one man. He swung
his arms about violently, and struck the officer a fear-
ful blow on the left eye, but Inspector Townsend
retained his hold of the fellow. Police-constable
Fenner afterwards came up, and Brown was safely
lodged at the borough police-station. The man Bevill
at once admitted that ho and Brown were escaped
convicts and quietly walked to the station.
The policeman here examined the convicts, and
Brawn was found to wear a brown slop frock; un-
derneath this was a woman's old cloak and a shirt,
and when the latter was pulled off the Dartmoor
prison suit was visible. Bevill had only a smock
frock overhis prison dress. Thisconclusively proved
that they were the men who had escaped, and they
were then removed to the county gaol for safe cus-
tody.
*When 4 remark was made that it was wonderful

they escaped without a broken limb, Brown replied,
" Ah, but it shook every bone in my body." Bevill
was not in the least degree hurt by the leap. They
admitted that after getting away fi mu the train
they walked to a wood in the country, tore down
some branches from the trees, and covered them-
selves over for the day. At night they strolled.
about, and when they gut to a cottage they entered
and took the old hats and other articles of dress in
order to disguise themselves. It was their intention
to get to London, but they were afraid of going
along the turnpike road. They walked about until,
by roads they knew nothing of, they got into Read-
ing on Sunday evening. On Sunday the Berks po-
lice received information of a cottage having been
broken open at Woodley on the previous night,
and the articles found in the possession of the two
convicts answered the description of what was re-
ported to have been stolen.
On Monday morning the convicts were brought
up before Mr. Micklem and Mr. Morris, two magis-
trates for the borough, charged with having unlaw-
fully made their escape from custody. They wore
the Dartmoor prison dress, and when the evidence
of Inspector Townsend had been taken as to their
capture the magistrates remanded the prisoners
into safe custody at the county gaol, for communi-
cation to be made with the authorities.

_Both were thoroughly unconcerned as to what
was going on ; and Brown laughed heartily when
the policeman described the dresses he wore over
his prison suit.