The Sun.
London, England, 1858-12-04 00:00:00

DISTURBANCES AT BUCKIE.

The Banffshire Journal reports the following ex-
traordinary proceedings that took place a Buckie
on Sunday last. For some years prior to the Dis-
ruption in 1843, there labouredin the village of
Buckie the Rev. Robert Shanks. He laid out a
good deal of money, mostly raised by his own exer-
tions, in the construction of harbour works, which
were for many years of very great benefit to the
fishermen, who chiefly comprise the population of
the village. About two years ago some of the mem-
bers of Mr. Shanks' congregation became dis-
pleased with what they considered certain irre-
gularities or neglects in connection with the
Church management. At the meeting of the
Synod of Aberdeen in April last, a deputation was
appointed to meet with the Presbytery of Fordyce
at Buckie, on the sth of May, and inquire into
the matters of complaint, and the relations of Mr.
shanks and the congregation. Mr. Shanks gave
in a letter tendering his resignation, which the
Presbytery agreed to accept, agreeing also that the
resignation should not take effect till Martinmas.
The congregation, or a large majority of them,
were dissatisfied with the proceedings on the
part of the Presbytery, holding that the pastoral
tie should not have been dissolved without their
concurrence, which was not asked. A peti-
tion, said to be signed by 800, was got up,
and presented to Mr. Shanks. Mr. Shanks regu-
larly preached in the church until the arrival of the
term of Martinmas, on the 22d of Nov. The ordinary
half-yearly meeting of the Presbytery fell to be
held on Wednesday last, at Cullen. The Presbytery
simply announced that Mr. Shanks' resignation
having taken effect, the petition was too late, and
declared that to take cognisance of it was ultra vires
The members of the congregation present could not
see the distinction, and manifested their dissidence
in protests and argumentation, and (by the women)
in tears. The Presbytery, following up their views,
appointed one of their number, Rev. Mr. Smellie, of
Banff, to preach at Buckie on Sunday last, and de-
clare the church vacant. The majority of the con-
gregation, in the belief that if Mr. Smellie gained
admission to the edifice all would be lost, made up
their minds to prevent this. Some 40 of 50 con-
vened on Saturday evening, and the most of them
remained all ni , attacking every one that came
near—friend and foe. By half-past ten on Sunday
morning, the streets near the church were in a state
of great commotion. Mr. Smellie and Mr. Hector
cam-) about twenty minutes to the hour, and, with
other friends, waited beside the church till it was
nearly up. Mr. Hector and Mr. Dow, merchant,
Buckie, and some of the other members of the con-
gregation, tried the doors of the church and vestry
for admission, but found them all fastly locked, and.
the key-holes of each filled with gravel and small
stones. Admission to the school, to conduct the
public worship there, was next thought of. Mr.
Bremner, inspector of poor, as a trustee of the
school, got the key from the teacher, and he
thought to get in unawares. He was at the door
in an instant, but the women suspected what was
up, and came upon him in full flight, crying "the
villain, the villain," and immediately seized him.
Active as he was they got between him and the
door before it was unlocked. Mr. Bremner's efforts
to regain the key led to a strife, and in the scuffle
he had the breast of his coat torn half-way down
to the bottom. Returning to the principal en-
trance to the church, Mr. Smellie asked if they
would hear the word for an open-air service ;
immediately upon which Mr. M'Donald, jun., read
a declaration by Wm. M'Donald, James Smith,
Alex. Flett, and J. Cowie, as trustees of the church,
that the Presbytery has no authority to proceed
in the face of the protest and appeal lodged at
Cullen on Wednesday, until that protest and
appeal are finally settled ; and that they, as trus-
tees, on these grounds, cannot give admission into
the church. Mr. Smellie, as soon as this was con-
cluded, read the document declaring the church
vacant, and intimated that Divine Worship would
be held at Mr. Hector's farm at Hilton at two
o'clock, and that the ordinance of baptism would
be administered at Barrhill on Monday, where
there would be a prayer meeting. Mr. Smellie
and Mr. Hector then left. About the time
Mr. Smellie left, some one had waited upon Mr.
Shanks, with a request that he would conduct a
service amongst them. He consented, and Mr. and
Mrs. Shanks came up to a field near the church,
where the whole crowd gathered round them,
except a few who still remained to keep the church
doors. Mr. Shanks said he would not preach, as
that might be misunderstood, but he would read a
chapter ; and a psalm was sung and a prayer
offered up. Till dark, crowds of people hung
round the church, and the devoted females stuck
to the doors, fearful lest further attempts might
be made to gain possession of the church. Though
repeatedly advised to leave by elders and mem-
hers of the congregation, they refused, until Mr.
Shanks came and persuaded them to go home.

LAW INTELLIGENCE.—Dec. 3.

COURT OF QUEEN'S BENCH.

Sittings at Nisi Prius at Westminister.—(Before
Lord Campbell and Special Juries.)
SKAIEE V. DAUKES.-COLNEY-HATCH ASYLUM.
The trial of this action, which was brought by
the representative of the justices of Middlesex
against the defendant, Mr. Daukes, who is an
architect, for alleged breach of contract in the course
of superintending the erection of the Colney-hatch
Asylum for lunatics, was resumed at the sitting of
the court to-day.
Mr. Daukes, the defendant, was cross-examined
by Mr. Atherton at considerable length, but with-
out eliciting any matter to shake his examination
in chief.

The next witness called
.was Mr. Myers, the
builder of the asylum, whose evidence in the main
corroborated the defendant's testimony.
When Mr. Myers' examination had concluded,
Mr. Atherton, who appeared for the plaintiff,
rose and said, that as the justices thought that the
case had been answered by the defendant, it was
their intention not to proceed further with the
action, and therefore they would consent to a ver-
dict being entered for the defendant.
Lord Campbell—The case has been most properly
conducted from first to last by the counsel for both
sides. I think no discredit ought to attach to the
magistrates for the county of Middlesex in institut-
ing this inquiry, but I think it has resulted in an
entire exculpation of Mr. Daukes from all the im-
putations which have been alleged against him.
The magistrates have been misled, not by any bad
professional advice as far as the law is concerned,
but the advice of rival architects. We have heard
a great deal of odium medicum and of odium theo-
logieum. I think architectural odium seems to be
greater than either. We have had a number of wit-
nesses on the part of the plaintiff, who evidently
were rivals of Mr. Daukes, and I think they made
a very ungenerous and unjust attempt to under-
mein his reputation. lam very glad that this has
undergone a public inquiry, and the result is most
satisfactory and most creditable to Mr, Daukes,
and I think that the magistrates are absolved from
all blame in the course which they have adopted.
The Attorney-General—The great object of Mr.
Daukes was to vindicate and maintain the cha-
racter he has always borne. He is perfectly satis-
fied with what has fallen from your lordship ?
Will your lordship certify for a special jury ?
Lord Campbell—Yes.
Lord Campbell—l am requested by the jury to
say that they heartily concur in the opinion I ex-
pressed with respect to the result of this inquiry in
favour of Mr. Daukes.

The announcement of Mr. Atherton and the
observations of the learned judge were received by
the spectators in the court with some applause.

TITMAS V. WINDSOR.-SEDUCTION.

This action was brought by the plaintiff to re-
cover damages for the seduction of his daughter by
the defendant.
Mr. Huddleston and Mr. Giffard were for the
plaintiff; and Mr. M. Smith, Mr. Karslake, and
Mr. Buller for the defendant.

From the opening statement of Mr. Huddleston,
it appeared that the plaintiff, Mr. Titmas, was a
man in humble life, in the service of the North
Western Railway Company, and living at Camden-
town, and that the defendant, Mr. Frederick
Windsor, was a gentleman of independent fortune,
aged forty, residing with his mother at West Cliff,
near Pegwell Bay. The plaintiff's daughter,
Maria Titmas, represented as near seventeen years
of age, went to live with the defendant's mother as
housemaid, and while in that capacity the defen-
dant, under the promise of marriage, seduced
her. On discovering that she was enceinte,
she returned to the house of her parents, where
in due course she gave birth to a child. Sub-
sequently the connection was renewed, and she be-
came again in the family way, but the secon d child did
not survive. During the whole of thisperiod the de-
fendant continued to write to her in the most
affectionate terms, expressing for her always the
greatest attachment and fondness. After stating '
the above facts the learned counsel read some of
the defendant's letters. In one the defendant en-
closed £5, and in another he gave permission to
the plaintiff's daughter to call the child " Frede-
rick," after himself, and expressed his entire con-
fidence in her fidelity towards him. rzsuat:
At this stage of the proceedings,
Lord Campbell said he thought from the tenor of
the letters that it might be possible for the parties
to come to some arrangement which would obviate
a very painful investigation in a public court.
Acting upon his lordship's suggestion the parties
left the court to discuss the matter, and on their
return,