A CLERGYMAN IN TROUBLE.

Ashburton Guardian, Volume VII, Issue 1877, 26 June 1888, Page 3

A CLERGYMAN IN TROUBLE.

*> In Now Plymouth rocently it will be remembered a Presbyterian minister — the Roy Moseß Somers Breaoh — took possession of the local chnrch m oonecqaonce, as he alleged, of the non-payment of arreais In his salary. He was forcibly pj?oted, and the matter brought before the Oourt. la his evidence at Court he Bald : He bad demanded the " call," but the Presbytery m Auckland, who had it refused his reqaeetas they said he wanted It for an ulterior object. Ho was to get £200 a year and a free house. Had been minister for ten years, until he was burned oat. The secretary had made the arrears up, and as near as it could be cot they were £1324 15s Bd. The congregation held a meeting and appointed new trasteea by resolution, aa the old trustees had either died, left the district, or had left the churob. It was decided by the Working Committee that he should get the deeds aa security for the arrears of hla stipend. The deeds were brought to | him, and he waa told that they were as good as a mortgage. He insured the church for £400, together with the harmonium and some seats. The plcca | waa burned down, bet he never got the money. He bought the lock for his house, but happening to pass the new church one day he saw the doorr.j\r, with tho bolt shot baok, as if someone had been m and h&ti not shut it properly- He went fn, aa hu considered he had an equitable right to it, and determined to hold possession, and preach there. In order to hold possession he put on tho lock which ha had bought for his private house. He slept one night m the ohuroh, las he had heard that it would be burned down. On the evening of the re-tiklDg ho was going down the street, when he found a crowd at the churob, and cautioned them ha had a claim on the phco till the debt was paid, and warned them not to Interfere. Sergfc. Daffin waa present. The parly were inside the door when he got to the gate. He pushed his way to the front of the door, and oautloDed those there. He was eefzad by two policemen, dragged through the place to the gate, and was threatened by them to be pitched over the fenoe ; and was also told that if be mado an appaal against them they wonld bring him up and>;r the Vagrant Act. He bad been ordained, and his status was more than that of a ley reader. Insured the place, and told the insurance agent that ha feared the ohuroh would be burned down, or he told him as much, for he told him about the gas being turned on and what he (witness) feared for. He waa a member of the Auckland Preabytory, which was composed of ordained ministers. The Magistrate m giving judgment Bald ; — I find that defendaut had no legal title whatever to enter into possession of this Presbyterian Church, and that, m fact, he had no fair and reasonable ground for the supposition that he had a right to commit the injury complained of. Jf he supposed In hts own mind that he had a right, he should have known that a oivil action waa his proper remedy. It is a popular axiom that possession is 9 points of the law, and yet defendant, after being about 5 years out of possession, and with no legal title, asks the Oourt to holipve that he acted m a reasonable manner, m removing the I<cV of tho church, opening the door, aod taking possession. I think his aotiona wore altogether unreasonable and unjustifiable, and that defendant must be convlcfjad under Seotion f>3 °f '•The M»licious Injury to Properly Aot, 1867," for wllfnl and malloioua damage, As to the amount of damage I mnßt take it as proved by an export to be £1 15s. The judgment of the Oourt is that defendant forfeit and pay la, also the farther Bum of £1 15', compensation for the damage connjilUetf, and tho infor mant'a costß, Including Counsel's fee, £9 2s. If those amounts bo not paid on or before the 19th d»y of July next the defendant will be committed to the peblio g«o', hero to bo imprisoned for the term of 7 days unless such oums and coats bo sooner paid. I would like to warn defendnpt unions this conviction should be reversed that a aoooncl conviction under this section would probably be visited with more serious cousoqnencca, The total costs amounted to £6 4a. Directly after the judgment was given the Rev Mr Breach's lawyer said : I shall pay tho amount out of my own pocket Rev Mr Breach : I objoor, your Worship, to my counsel paying the money ; I will go to gaol. His Worship ; I havo nothing to do with that atproeent. After the cpsts had boen totted up, the Rev Mr Breech again rose, and said : 1 have no money to pay, and I therefore prefer to have no time m whioh to pay the fine »nd costs, and I wiah yom Worship would send me ti gaol to-day. His Worship : I Bhall give you a month to pay it, as I have stated. Rev Mr Breaoh : I don't wish to have time, as I have no money to pay the tyae. His Worship ; I don't wish for anj farther remarks on the case; whioh la now nvnr.