CHURCH BELLS.

Auckland Star, 2 September 1933, Page 6

CHURCH BELLS.

ALLEGED NUISANCE.

LIKE CHILD WITH NEW; TOY.

CHANCERY DIVISION SUIT.

A new church which rang its bells was described by a witness in the Chancery Division as "like a child with a new toy." The question whether the bells of St. Alban's Church, West Heath Drive, Golders Green, London, are a nuisance, was before Mr Justice Luxmoore when he resumed the hearing of the action brought by Mr. Manley Collins, of West Heath Drive, against the vicar of the church, the Rev. H. Trundle. Mr. Collins claimed an injunction to restrain the vicar "and all persons actin"- under hte direction," from tolling or ringing the church bells so as to cause any nuisance, disturbance or annoyance to'him or his family. The vicar denied that the bells were a nuisance. Mr. F R Evershed, K.C., appeared for Mr. Collins, and Mr. C. J. Conway, K.C., represented the vicar. Mr. Ernest Hamilton, petrol dealer, of West Heath Drive, during his evidence stated that he was an agnostic. In reply to Mr. Conway, Mr. Hamilton said that, although he was an agnostic, he respected the established church. He liked some bells. Mr. Conway: Bow bells? "They are attractive," was the reply. "There were sweet bells, jangling bells and harsh bells." Mr. Frank John Mackintosh, an automobile agent, of North End Road, said the bells had not a very melodious sound. He frequently timed the ringing. Sometimes it continued for 20 minutes, and on one occasion the ringing went on for over an hour. Mr. Conway pointed out that the church was a new one, and suggested that it was necessary there_ should be opportunity for ringing practice. When Novelty Wears Off. Mr. Mackintosh: I have often used tlie expression about these bells —"It is like a child with a new toy, and when the novelty has worn off we shall get more peace." "It has not yet worn off," added Mr. Mackintosh. Mr. Justice Luxmoore observed that practising on church bells was not limited to new bells. Mr. George Henry Lewis Marcus Samuel, cigar importer, West Heath Drive, said the ringing of the bells in the evening had kept his youngest child awake. "The chimes are rapid and continuous, and they multiply into a great jangle." Mr. Harold Keats Hales, M.P. for Hanley, who lives in West Heath Avenue, said the old church bells did not disturb him, but ho complained of the continuous chiming of the new belle. "If they were ringing outside this Court, your Lordship would have to stop them before we could continue," he said. Mr. Hales added that the bells woke him up. "We realised, however, that the bells were the vicar's new toy, and did not want to spoil his enjoyment, so we did not complain to him." Big Ben Sometimes Awkward. In cross-examination Mr. Hales agreed i that he sometimes found the House of Commons an irritable place, but he threw off any irritation when he left there. The chiming of Big Ben, he confessed, sometimes came in at awkward moments. "Do you play golf on Sunday?" asked Mr. Conway. "It is an old man's game; I have not started yet," replied the M.P. amid laughter. Mr. Justice Luxmoore suggested a settlement of the action, as apparently everyone wanted to be friendly. The only outstanding complaint seemed to be the practising. After an adjournment, it was announced that the parties were unable to reach a settlement. Mr. Manley Collins, the plaintiff, who is a property owner and moneylender, said he wrote to the vicar saying the nervous condition of members of his household had been affected by the Tinging of the bells. The bells averaged about 130 strokes a minute. Sometimes one could not carry on a conversation because of the noise. Mrs. Collins gave evidence that her three children could not sleep because of the noise of the bella. She told of an incident when she saw the vicar, and he said: "Do you think I am going to stop ringing my beautiful bells? "Do you think because you have three children you can dictate to me?" Replying to Mr. Conway, Mrs. Collins said when the bells rang she felt she wanted to run out of the house, the noise was so deafening—the whole house shook. Parties Shake Hands and Settle. The case was settled on the following day on the suggestion of Mr. Justice Luxmoore. As soon as he had taken his seat in court he said:—"l have heard the evidence for the plaintiff, and I think it would, be a lamentable thing if the case continues." Counsel then consulted with the judge in his private room. The vicar denied that the bells were a nuisance. After an absence of an hour and a half Mr. Evershed, K.C., for Mr. Collins, announced that the case had been settled. '•'Mr. Collins aud the Rev. H. Trundle have personally met and agreed together on certain terms for modifying the ringing of the bells," he said. "Mr. Trundle does recognise," observed Mr. Conway, K.C., for the defence, "that Mr. Collins, in bringing the action, was actuated by perfectly honest motives. He thought he had a legal grievance, but the legal aspect would never bo decided. Tli 3 parties have shaken hands, and I suggest that, on this occasion, we oujrht to have a peal of belks," added Mr. Conway, amid laughter.