The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-13 00:00:00

KINGSTON ASSIZES

(Before Mr. Baron PARKE and a Common Jury.)
CHURCH-RATES—TAYLOR V. WESTON, ESQ.
This was an action against the defendant, a magistrate for
the county of Surrey, for an illegal trespass upon the plain-
tifra premises, and removing a coal-scuttle, his property.
The defendant pleaded not guilty under the statute.
Mr. Peacock, in the absence of Mr. Platt, conducted the
case for the plaintiff, and Mr. Sergeant Channel appeared
for the defendant.
Mr. PEACOCK stated that this was an action brought by
the plaintiff, who was a person in humble circumstances,
against the defendant, who is a banker and a magistrate for
the county of Surrey, to recover compensation in damage for
what he considered to be an illegal entry upon his premises
by virtue of a warrant signed by him. The circumstances of
the case were these :—lt appeared that in the month of De-
cember, 1539, a vestry meeting of the parish of Christchurch
was convened for• the purpose of making a church-rate, and
by the notice it appeared that this rate was to be applied to
certain purposes such as insurance, paying the parish clerk,
paper, printing, and other items to which a church-rate ought
not to be legally applied. A penny rate was proposed, and
several inhabitants, among whom was the plaintiff, protested
against a rate being made•for such purposes, but the rate was
ultimately carried, upon a poll of the parish being taken.
The plaintiff afterwards, feeling convinced that the rate was
not legally made, entered a caveat in the ecclesiastical court,
with a view to try its validity ; but the churchwardens, not-
withstanding this, summoned him before the defendant to
show cause why he refused to pay the rate, and it was out of
this proceeding that the present action arose. By an act of
parliament of the 53d Geo. 111., cap. 127, sec. 7, power was
given to summon parties for non-payment of church-rates
when the sum in dispute did not exceed £lO, and the magis-
trates were empowered to enforce the payment by a warrant
of distress ; but by the same act, it was also specially
provided that, where a defendant expressed his inten-
tion to dispute either his liability or the validity of
the rate in an ecclesiastical court, the magistrate's
jurisdiction should immediately cease. In this case the
plaintiff, upon being summoned before the defendant,
expressed his intention to dispute the validity of the rate,
and, by that act, he should confidently submit, and take the
jurisdiction from the magistrates ; but, notwithstanding his
protest, the defendant had thought proper to assume
jurisdiction in the matter ; and, upon the plaintiff refusing
to pay the amount for which he was summoned, an order,
and subsequently a warrant of distress was issued, and
under that warrant a broker and a constable proceeded to the
house of tile plaintiff, and seized a cole-scuttle, which they
sold. It might be said this was a trumpery cause for action,
but he begged the jury to remember that this involved a
most important question, in which the interests of the public
were materially concerned. It was a serious inconvenience
and injury to any one to have an execution put into his
house, and if the defendant had illegally authorised the pro-
ceeding, he was liable to the plaintiff, and he trusted the jury
would give his client such reasonable damages as the justice
of the case required. .
William Bridge, the beadle of Christchurch parish, proved
that he went with a broker named Lovelase to the plaintiff's
house, with a warrant of distress signed by defendant. The
plaintiff refused to pay, and they took away a coal-scuttle,
which was afterwards sold.
Mr. C. E. Meymott, the vestry clerk, produced the
minutes of the vestry at which the rate in question was

made.
The minutes were read ; and it appeared that when the
vestry met, the plaintiff proposed that it adjourned sine die,
but the rector refused to put the motion, on the ground that,
as the vestry was convened for the express purpose of making
a church-rate, no motion but one having that object could
be put from the chair. A halfpenny rate, in lieu of a penny
one, was also proposed, but on the penny rate being carried,
the plaintiff and several other inhabitants signed a protest,
and among them were the foilowing : That the former
churchwardens had not given any account of the expenditure
of the last rate ; that the present churchwardens refused to
state precisely what amount would be required ; and like-
wise that the rate was to be applied to purposes for which it
could not be legally raised.
This was the plaintiff's case.
Mr. Sergeant CHANNELL then addressed the jury, and
said he had the honour to appear on behalf of a gentlemen of
station and high respectability in the county, and lie would
commence his observations to the jury by stating that his
client did not in the least complain of the proceeding that
had been adopted against him, and he admitted to the fullest
extent the right of the plaintiff to question the legality of any
act committed by him. lie felt, however, confidently that
in the present case he had not only performed his duty le-
gally, but also kindly and considerately towards the plain-
tiff, and in fact he had done no more than the law, to which
they were all bound to submit, compelled him. He was
aware that the subject which had given rise to the present
action was one of great interest and excitement, but he was
quite sure that the jury would look calmly and dispassionately
at all the facts of the case, and he was confident that they
would return a verdict for his client. They had heard the
circumstances of the case, and it was quite clear that the rate
in question must have been abandoned altogether, or Mr.
Weston must have issued the warrant in question, and he
apprehended that in so doing he had acted in strict confor-
mity with the law. The question at issue was one partly of
fact and partly of law. The learned counsel then referred to
the act of Parliament before alluded to, and said that the ob-
ject of that act was not to enable a party summoned for non-
payment of church rates by any frivolous objection to set
aside the jurisdiction of the magistrates and embarrass the
churchwardens, but it required a real, bond fide intention to
try the validity of the rate to be shown, and in that case only
superseded the jurisdiction of the magistrates. In the pre-
sent case a rate was laid before the defendant to enforce ; it
was prima facie a good rate, and he was bound to enforce it.
The defendant refused to pay, and he was summoned, and
when before the magistrates he handed in a paper, on which
he merely stated that he objected to the rate, and begged the
magistrates not to adjudicate upon the case. If such a pro-
ceeding as this was held to be sufficient to destroy the juris-
diction of the magistrates, the object of the act in question,
which was intended as an ease to the subject, and to prevent
the great expense of an appeal to an ecclesiastical court, would
be entirely frustrated. A man when summoned for non-
payment of church-rate would only have to say he objected to
the validity of the rate, and the then churchwardens would have
no alternative but to expend an immense amount of the parish
money to compel him to do so, by expensive and protracted
proceedings in the ecclesiastical court. His impression
of the law, however, was that a magistrate was bound to see
whether the party's object was really to try the validity of
the rate, or whether it was merely to embarrass the church-
wardens and prevent its collection. The learned counsel
then cited the case of the " King v. the Chapelwardens of
Milurow," in which the defendant gave notice that he would
not pay the church-rate because he was not liable, as he had
no seat in the church. In that case the court held that the
jurisdiction of the magistrate was taken away, because, al-
though the objection of the defendant was not valid in law,
still it evinced a bond fide intention on the part of the de-
fendant to try the validity of the rate ; and again, in the case
of " The King v. Wrothesley, Clerk," the Court of Queen's
Bench had to consider the question of bona fides, and Lord
Tenterden, in giving judgment, said it was absurd to suppose
that the 53d Geo. 111, intended that the mere statement of a
party summoned, that he disputed the validity of the rate,
should oust the magistrate's jurisdiction ; and he ruled that
the magistrate should be satisfied by the defendant that he
had a real intention to try the validity of the rate, and that
he ought to be called upon to give some ground for opposing
it, and a mandamus in that case issued, calling upon the ma-
gistrate to adjudicate. The present plaintiff had only done
this ; he told the magistrates that he disputed the validity of
the rate, and, although the bench kindly told him it was not
sufficient, and that he must assign some ground upon which
he disputed the legality of the rate, he refused to do so, and
the magistrates, conceiving that they had jurisdiction, had
issued the warrant. He should produce witnesses to prove
these facts, and he was satisfied that he should be able to
show them that Mr. Weston had not only not exceeded the
law, but that he had only done what the law absolutely de-
manded of him, with kindness and consideration.
Mr. C. E. Meymott was again called, and he deposed that
he was present at the meeting of magistrates when the plain-
tiff was summoned for non-payment of the church-rate.
When the plaintiff was asked why he refused to pay, he re-
plied that he objected to the rate. The defendant told him
this was a mere statement, and that the magistrates would
adjudicate unless he stated what his objections were to the
rate. The plaintiff then handed in a paper to the following
effect :—" I do hereby respectfully give you notice that I ob-
ject to the validity of the rate, and I request you to forbear
to give judgment thereon." The magistrates having read the
paper, again told the plaintiff it was not sufficient, and at the
same time informed him that there were cases decided in
which it had been ruled that a person under such circum-
stances was bound to give the magistrates his reasons for dis-
puting the legality of the rate. The plaintiff replied that he
considered his notice was quite sufficient, and the magistrates
replied that they thought it was not, and unless he gave them
sonic reason they should adjudicate upon the application 'of
the churchwardens. The plaintiff still refused, and the de-
fendant had then no alternative but to issue the warrant,
which was accordingly done. One of the magistrates told
the plaintiff in the most courteous manner that it he did not
pay the rate they should be compelled to issue a distress
warrant.

Cross-examined.—No one was present but the magistrates,
the collector, the churchwardens, witness, and the plaintiff;
but if the latter had thought proper to bring a legal adviser
with him, there would have been no objection made. He
was present at the vestry meeting when the rate in question
was made, and he knew that the plaintiff protested against its
legality, and signed the protest to that effect.
Sergeant CIIANNELL submitted that what took place at
the vestry could not be evidence.
Baron PARKE said he would admit it as tending to shew
bona fides on the part of the piaintiff. There were three
questions, as appeared to him in the case, two of which were
purely of law, and the third partaking of fact and law. The
first was, whether under the act in question, the magistrates
had the power of deciding whetherthe objection to a rate was
made bona fide. This was a question that should be decided.
If the magistrates bad that power, they had exercised it in
this case, and there was an end of the matter for the plaintiff.
The second question was for the jury to say (supposing the
magistrates had not power) whether the objection was really
bona fide or not ; and the third question was whether, sup.
posing the jury believed the party really did intend to dis-
pute the validity of the rate, whether he ought to assign his
grounds of objection. The most important point, however,
was whether the jury believed that the plaintiff really in-
tended to dispute the validity of the rate in an ecclesiastical
court.

Mr. Meymott was then further questioned, and in answer
to a question from the learned counsel, he said, that at the
vestry meeting one of the amendments proposed by the
plaintiff was, that it should adjourn.
Baron PARKE remarked, that as the vestry was specially
convened to make a church-rate, this could only be looked
upon as a vexatious opposition to the proceedings.
Cross-examination continued.—The churchwardens did
not refuse to produce the accounts that were required ; but
it was nut in their power to do; so, One of the protests

9,

against the rate was grounded on the fact, that a suit of the
late churchwardens against an inhabitant was then pending
in the ecclesiastical court. . . .

Mr. Sergeant CRAM ELL having addressed the jury upon
the minutes of vestry that had been put in,
Baron PARKE ititiniated kits OphilOn, that the only ques-
tion for the jury was, whether the plaintiff really intended to
dispute the legality of the rate ; or Whether he had merely
made a frivolous objection for the purpose of procrastinating
the proceedings and annoying the churchwardens.
Mr. PEAcocK then took a variety of technical objections
to the form of order and the warrant, and contended that
upon the face of them they were bad.
Baron PARKE said it appeared to him that the only im-
portant objection was the one, that the warrant (lid not state
that the magistrates had jurisdiction. He should not, how-
ever, stop the case, but would reserve the point it it became

necessary.
Mr. PEACOCK then replied upon the whole case, and con-
tended that it was clear, under all the circumstances, that
the plaintiff really intended to dispute the legality of the rate,
and consequently that the defendant bad no jurisdiction, and
had exceeded the powers confided to him by law.
Mr. Baron PARKE then addressed the jury, and, after al-
luding to the act of Parliament, observed, that m his opinion
the jury had only one question to decide—viz., whether at
the time the plaintiff attended before the magistrates he had
a real and Lona fide intention to dispute the validity of the
rate. In his opinion the notice he had given the magistrates
was not sufficient, and he thought the law required that a
man should give them some reasons to satisfy them of his in-
tention. Because a man merely coose to say, " I dispute
the rate," were the churchwardens to be baffled and com-
pelled to resort to an ecclesiastical court? He thought not.
If it were so, the act of Parliament in question would be al-
most a dead letter.

The jury immediately returned a verdict for the defendant.
Baron PARKE, addressing the jury, said, that in case any
of the points that bad been raised should be afterwards found
available to set aside the verdict, it would be necessary that
they should assess what damage they would give the plaintiff.
The Jury—The very smallest amount, my lord.
They then consulted a short time, and agreed to give the
plaintiff ss. for his coal scuttle, in case the verdict should be
disturbed.

An application was then made respecting costs, when Ser-
geant CliA NNELL said, that if the plaintiff would undertake
not to adopt any further proceedings in reference to the ver-
dict, he would pay his own costs.
Baron PARKE said this was a very handsome proposal, and
the plaintiff's counsel consenting to the arrangement, an un-
conditional verdict for the defendant was returned.

A female named Driscoll, who was married only eight
weeks ago, since which time she has made three attempts on
her life, and on one occasion took poison, made another un-
successful attempt to destroy herself by throwing herself into
the river at Shadwell early on Sunday morning, and was for-
tunately taken out alive. Previous to her marriage she was a
frequent visitor of the twopenny concert-rooms, and since
then has been very unsettled. On Saturday evening she
gave her husband the slip, went to the Pavilion Theatre, and
after stopping out all night attempted to drown herself.—
Times.

THE MURDER NEAR RUTHlN.—Edward Clubbe, aged
27, was arraigned at Ruthin on Friday last, for the wilful
murder of Evan Evans, a gamekeeper of Edward Lloyd,
Esq., on the 30th January last. The circumstances of the
case appeared in all the papers at the time. The evidence
against the prisoner was slight, and insufficient to convict
him, had it not been backed by a curious confession he made
to Mr. Joseph Peers, the clerk of the peace for Denbigh-
shire, two or three days previous to the trial. The jury
found a verdict of guilty against the prisoner, and the judge
passed sentence of death upon him.

DOUBLE ESCAPES OF A SMASHER.—A MonERN JACK
SurPrAnn.—Yesterday's Government Police Gazette con-
tains the following description of a man named James Dixon,
who represented himself as an umbrella repairer, residing at
Carlisle, Cumberland, and who has within the last three
weeks twice effected his escape from the custody of the con-
stable of Masham, in Yorkshire, while under remand for fur-
ther examination, on a charge of having in his possession a
quantity of counterfeit coin, and of uttering the same ; and
also of felony. He was again apprehended on the 23d ult.
by the constables of Stokesley, in the same county, and was
again remanded for further examination on the same charges,
when he again effected his escape about one or two o'clock
on the morning of the 25th ult., by letting himself out of the
window of his bed-room ; in doing which, it is supposed he
must have received very great and serious injuries about his
head or face, as he fell from a height of 20 feet ; and a very
large quantity of blood, and some skin and hair, were found
upon the stones below the window. He was traced by the
blood nearly half a mile, when all further track was lost.
When he escaped he had a handcuff on his left wrist, and a
strong iron chain attached to it.

MURDER AND DESPERATE CONFLICT.—On the evening
of the 21th of March, two gentlemen. of the name of Sail-
lard, who had been called to Rouen on business, had alighted
at Yvelot, at about nine o'clock, and were proceeding home-
wards with two young servants, who had come to meet them
and carry their luggage, when, at no great distance from the
house of M. Saillard, senior, and at about 100 yards from the
house of one of the magistrates of Yvelot, the younger bro-
ther perceived something dark a few paces distant, and ad-
vanced towards it, when, on a sudden, he was seen to stagger
backwards, mortally wounded in the breast by the discharge
of a gun. The brother immediately rushed on the assassin,
and a horrible conflict commenced. The eldest servant took
to his heels, but the other, a lad of 15, came boldly forward,
and laid hold of the barrel of the gun, which the murderer
was directing against his master, and turned it aside, so that
it went off without doing any injury. The struggle still con-
tinued, and numerous wounds were inflicted on M. Saillard
by the assassin, who had found means to draw a dagger; but
at last the villain was defeated, and thrown down by the ef-
forts of M. Saillard and his courageous servant. 'When the
wretch was on the ground, M. Saillard despatched his ser-
♦ant to an adjoining house, to obtain assistance to remove
the miscreant ; but during the lad's absence M. Saillard,
weakened by the loss of blood, was unable to keep down the
murderer, who, by a desperate effort, released himself front
his opponent's grasp, and effected his escape. In this horrid
struggle M. Saillard received seven dangerous wounds. It
is, however, expected that he will recover : his unfortunate
brother is entirely given up by his medical attendants. There
is some hope _that the assassin will not escape, as lie was
obliged to leave behind him, in his hurry to make off, his
gun, the handle of his dagger, v, hid; had broken in the strug-
gle, one of his shoes, and his cap.—French Paper.

THE KNIFE AGAIN.—TWO YOUTHS STABBED IN A
PUBLIC SCHOOL AT BROMPTON.—Since Wednesday last a
report has prevailed in Brompton that one of the young gen-
tlemen at the Brompton Proprietary Grammar School had,
in a fit of passion, stabbed two of his fellow scholars, one of
whom still remains in a very dangerous state. The school in
question consists of between 80 and 90 youths, and is situated
in Alexander square, Brompton, the Rev. Robert Lamb
being head master. The occurrence, it is understood, took
place in the school-room during the hours of instruction on
Wednesday morning, when, it appears, a youth, 12 years of
age, named Richard Batley, the son of Mr. Batley, liveryman,
opposite St. Peter's Church, Pimlico, was stabbed with a
penknife, in the small of the back, by a youth three years
his senior, named Taylor, whose parents reside at No. 15,
Rawstorne-street, Montpelier-square, Knightsbridge. He
also stabbed in the thigh a boy 12 years of age, named Nagle,
residing at No. 26, Church-street, Chelsea, who endeavoured
to prevent the injury on Batley. Immediately the circum-
stance became known to the Rev. Mr. Lamb ; he despatched
a messenger for instant medical assistance, and in a few mi-
nutes Mr. Glen, surgeon, of Brompton-row, was in attend-
ance, when the wound on Batley, who bled profusely, was
dressed, and he was taken home to his parents. The wound
on the thigh of Nagle was, fortunately, but slight. Taylor
was immediately sent home to his friends, with an intimation
of what had taken place ; hut, at the same time, considerable
surprise has been expressed that the managers of the school
have not felt it their duty to communicate the occurrence to
the magistrate of the Kensington police-court, in which dis-
trict it has taken place, that, should death ensue, the course
of justice should not be frustrated by the escape of the de-
linquent, which had nearly been the case in a similar
transaction at Hayes.

RIPON.—EXTRAORDINARY CELESTIAL APPEARANCE.—
On the night of Monday last, between half-past eight and
ten o'clock, the heavens presented one of the most unusual
aspects ever beheld by any one in this place. From what we
have heard of lunar rainbows, we should say the phenomenon
most resembled such an appearance. But how could the
moon operate in producing such an effect, when her light was
altogether absent? That luminary was just finishing her
monthly circuit. A continued stream of light extended,
nearly vertically, from one extremity of the horizon to the
opposite one. Unlike the Northern Lights its direction was
from east to west, as the wind in all probability, was a power-
ful agent in its production, and that at the time was, and had
been during part of the afternoon, blowing from the west.
Yet although in this important particular, dissimilar to the
Aurora Borealis, the light, when most brilliant, bore a great
resemblance to that beautiful object in its silvery whiteness.
In breadth it appeared considerably to exceed the solar rain-
bow, and its edges were less regularly defined. But this
might be owing to its vertical position. A more splendid
sight has seldom been witnessed. Its continuance might be
for nearly half an hour, during which many were its ob-
servers in the city of Ripon, as doubtless they must have
been elsewhere. From its greatest lustre it gradually waned
away, and by ten o'clock not a vestige remained of this ex-
traordinary and interesting visitant. After its departure, the
northern horizon presented the same bright appearance as it
generally does after the prevalence of the Aurora Borealis ;
as if that glittering display of celestial splendour had but re-
ceded within the borders of the opposite hemisphere. Many
and various were the expressions of conjecture as to the im-

portant events portended, and even the better informed por-
tion of spectators, divesting themselves of all superstitious
feeling, could not but remark the ominous indication of
pa=sing events in the east, as well as of the rumour of war
with our transatlantic rivals in the opposite ditection.—Leeds
Intelligeicer.

CAPTAIN DOUGLAS.—At the levee on Thursday week,
Captain Douglas, late commander of the Cambridge, mer-
chant ship, was presented to the Queen by Viscount Palmer-
ston, when her majesty was graciously pleased to confer on
him the honour of knighthood. The case of Captain Dou-
glas is one of which this great maritime nation may well be
proud. He arrived at ,Sngapore the peaceful master of a
merchant ship, but hearing there the condition in which
Captain Eliot and other British officers in China were then
placed by the oppressive conduct of the Chinese authorities
at Canton, he at once got rid of his cargo, purchased some
32-pounders, doubled his crew, laid in a good store of ammu-
nition, and gallantly set sail for the Canton river ; and all
this he did on his own personal responsibility. In his short
passage from Singapore not a moment was lost in working
his willing crew at the guns. He entered Canton river,
cleared for action, and gallantly took his station inside the
valuable fleet of British merchant ships there lying at an-
chor. There happened to be no vessel of war in the Canton
river at that moment, but Captain Douglas was alone suffici-
ent to afford protection. He repelled all assaults,but he was
unfortunately severely wounded in the attack upon the Chi-
nese junks at how-lane, on September 15th, 1839. Well,
when British vessels of war did arrive, it necessarily followed
that the gallant mission of Captain Douglas was at an end ;
but we have not yet done with this Captain Douglas. On
the arrival of the British vessels of war, he fell back into
the merchant seaman, and proposals were actually made to
him by some American captains for the purchase of his 32-
pounders. " No," said Captain Douglas, " you want these,
guns to sell them again to the Chinese ; but I'd rather send.
them all overboard than sell you one of them." We need.
scarcely add, that Captain Douglas has already been reim-
bursed for the expenses he incurred in the public service,,
we trust there is truth in the report that both he and his gal-
lant crew have, moreover, received a handsome gratuity from
her majesty's government.— Observer.

EXTRAORDINAY MURDER.—A murder, attended witls
some extraordinary circumstances, has lately been perpetrated,
in the commune of Pomarede. A farmer named Filhol cul-
tivated a farm at Cassaignes, which was extensive enough to
require the assistance of two or three labourers. For some
little time past he has suspected that a criminal intimacy was
carried on between one of his men and his wife, but either
through indecision or fear be adopted no measures in con.
sequence. The insolence of the servant, however, became
getedhisonhis
so intolerable that he felt compelled to put a stop to it, as it
horse,
head,
cu, te naicl
was but too evident that the man was encouragepadi:bdyhhiiasssbonbliedse—:.,
tress, A few days since he had mlna preparationsracgdoee:moiundd,
tifl i. inflicted by,
.bas;
journey, and went into his stable to
coming out for some time s search was maisilei,s
awabslufnotuhnedavcyovienrsetdruwwi:lnit,stirvaaws ;:eatreceiv
several others of less extent on his face.
thrown on the servant, who has

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gOttrp

ADIEU!

Fur the Liverpool Standard,

Oh! what language of mortal can ever express
The depth of the hallow'd feeling,
That is waked in the bosom when warm lips press,
And the tears of love are stealing
From the fountain of sorrow adown on the cheek :

When those who are faithful and true,
In low accents of grief, with a throbbing pulse, speak
A solemn and mournful adieu!

In the hand of the skilful the pencil may trae€
The features of sorrow and woe;

It may shew forth the symptoms o( grief in the face,
But not in its chambers below :
All the power of surpassingly exquisite art
No shadowy outline e'er drew
Of the anguish within—of the burstings of heart—
That are felt when we bid an adieu.

Oh ! the deep gushing feelings of those whom the chain
Of affection has closely tied,
As they look on the image that never again
With joy shall be viewed by their side ;
That shall live, alas ! only in faint, feeble beams
Of lonesome and sad memory,—
Be recalled and be present save only in dreams
Of pleasures for ever gone by.

An affectionate heart can so seldom be found
In a treacherous world like this,
'Tis a pity, when feelings of friendship abound,
That aught should enhinder their bliss ;
That e'er they whose fond bosoms in unison glow
Should by far distance parted be—
That between them the measureless waters should flow
Of the blue, deep, fathomless sea.

'Tis a pity that even the sickle of death
Should he able their hearts to sever ;
'Tis a pity they should not enjoy love's sweet breath,
Still undivided, for ever.
But delightful it is—oh I 'tis cheering for love—
That when years fast-fleeting and few
Shall have passed o'er the head, in a bright world above
No more shall be heard an adieu.
March 31. M. A.