"Gratifying idle curiosity?"

SOUTH DEVON - TORQUAY

THE REV. HUGH KELLY AND THE LATE INDECENT ASSAULT AT ST. MARY CHURCH -

Our readers will recollect that Mr. Hugh KELLY, minister of the Free Church at St. Mary Church, appeared on Monday last week to answer a complaint laid against him by a girl named WINDEATT, for having indecently assaulted her.  The case was fully investigated, and the result of the inquiry was unfavourable to Mr. KELLY, although many circumstances brought out, were far from satisfactory.  Since the case was decided, considerable dissatisfaction has been expressed by the friends of the Rev Hugh KELLY, who, if we may judge from the following note read at the Town Hall, on Monday, seem inclined to take the subject to a higher tribunal, although such intention is not expressed by the writer:

"Albyn Lodge, 14th June, 1852

Dear Sir, - I shall thank you to ask from the magistrates the extracts of the evidence taken before them last Monday, in the case of alleged assault, against the Rev. Hugh KELLY, which you did not feel yourself at liberty to grant without their sanction.

It is not the intention of Mr. Kelly's friends to institute any legal proceedings, but they would desire to have it in their power calmly to consider the evidence on which the Bench founded their judgment.

As I am unable to get out this morning, I send this note by Mr. STRACHAN, and he will bring me word whether my request is complied with or refused.

I remain dear sir, your's [sic] truly, DAVID PITCAIRN

George HEARDER, Esq., Clerk of Court, &c."

Mr. H.C.M. PHILIPPS having read the note, observed that the case had been investigated in a full and open court, and it was one of those assaults the decision in which could not be appealed against at quarter sessions or before any such power.  If dissatisfaction was felt at the result of the inquiry, application might be made to the Court of Queen's Bench, to set the conviction aside; but no person had a right to see evidence taken before a Bench of Magistrates in such matters.  And further if application were made to the proper quarter, the Secretary of State would write to the magistrates asking if they had anything to say, and if they refused to stir in the subject, - if they remained silent, - then a mandamus might be obtained from the Court of Queen's Bench, to show cause why the decision come to should not be reversed.  He considered the application, which was inexcusable, had been made for the purpose of gratifying idle curiosity; no person had a right to a copy of the depositions, and it was hardly likely that the magistrates would furnish evidence against themselves.

Mr. STRACHAN (who was the bearer of the note) then retired observing that he was not in the least mixed up with the writer of the note, - but had only done a small favour for the Rev. D. Pitcairn.

- Trewman's Exeter Flying Post or Plymouth and Cornish Advertiser (Exeter, England),
Thursday, June 17, 1852; Issue 4512.