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Leader (1850-1860), 5th February 1853, Edition 1 of 1, Page 127

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      railways and steamboats , in the vain attempt to force people to church . The truth was , this was not a question between tho Crystal Palace and the church , but between the Crystal Palace and Battersea-fields—between it and public-houses , beer-shops , and other less reputable places of resort . ( Cheers . ) By raising 1 the amusements of the people , their habits and morals would be improved ; and they would thus be brought nearer to a religious frame of mind , and elevated jn the social scale . Instead of opposing this measure , ' the clergy ought to go hand-in-hand with the ¦ working classes in seeking to obtain the boon ; they would thereby do more real good than by all their learned polemical disquisitions . If they wished , the working classes to have no enjoyment at all , they should first set the example . ( Cheers . )

      Mr . Ferdinando , of Spitalfields , and Mr . Read , on the part of the bakers , spoke in support of the resolution , which was unanimously carried . A Reverend Mr . Baylee , " Secretary of the Lord's Day Observance Society , " thrust himself on the meeting as a working clergyman . He was allowed to speak for a short time , but desisted , as the minds of his audience had been long made up . The meeting adjourned until Wednesday .

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      DR . NEWMAN'S SENTENCE . The great Achilli case was brought to a close on Monday . The body of the Court of Queen ' s Bench was very much crowded by the public , anxious to hear the sentence ; Lord Campbell , Mr . Justice Coleridge , Mr . Justice Wightman , and Mr . Justice Erie , were on the bench ; and a dense mass of barristers on the benches allotted to them . The proceedings were commenced by Sir Frederick Thesiger , who moved the Court to pronounce judgment on Dr . Newman . Affidavits were then read , urging that Dr . Newman had no personal knowledge of Dr . Achilli , that he made the charges c ontained in the libel , believing them to be true , and that their publication was a public benefit , and moved thereto by Dr . Aohilli ' s appearance as a lecturer at Birmingham , and his attacks on the professors of the Roman-Catholic religion ; the affidavits further urged , that great difficulty had been experienced by Dr . Newman in collecting evidence , and great cost incurred . Several affidavits from medical gentlemen , among others , one from Sir Benjamin Brodie , were read , to show that serious results would follow from the infliction of imprisonment on Dr . Newman . The Attorney-General , Mr . Serjeant Wilkins , Mr . Badeley , and the other counsel , ably set forth these mitigatory circumstances , and the grounds for showing mercy . Sir Frederick Thesiger followed , urging severe punishment , and inferring the worst motives from what he called the " coarse ribaldry" of the libel . The following colloquy then ensued . Sir Frederick Thesiger continued : —

      As to tho construction of the Act of Parliament , tho idea on tho other side appeared to bo that tho verdict of tho jury went for nothing . Lord Campbell—So far as tho issue goes tho finding of tho jury is conclusive . Sir P . Thesiger understood tho legislature to intend this : Suppose there were 20 charges , and the jury had found 19 true , then it would bo for tho court to consider tho fact that nineteen out of twenty were true , in judging of tho sentence they would pass ; and not look to tho evidence and question the jury ' s finding . Lord Campbell—Wo aro unanimously of a different opinion . Tho jury have to find tho issue , but not tho different facts . Sir F . Thesiger apprehended the legislature had not flo intended ?

      Lord Campbell said tho court had well considered tho point , and wero unanimous . That was tho solemn decision of tho court in refusing tho rule . Sir F . Thesiger did not think that docision wont upon tho ground that tho court could look into the evidenco us a jury . Lord Campbell said that the court had solemnly decided that they both could and ought ho to look into tho evidence . Tho jury would not discharge ' their duty without inflicting a heavy penalty on Dr . Newman . Sir Fitzroy Kelly urged a similar course . Dr . Newman then rose , and wished to uddrms tho Court , but ho yielded to tho prudent suggestion of Lord Campbell , and silt down . Hhorfly after , ho stood up again , to receive judgment , and declined to sit , when offered the privilege of doing ho . As senior puisne judge , Mr . Justice Coleridge , then

      delivered tho sentence . After stating that the Court had an enlarged duty , to look to tho evidence , and deeido what palliation it afforded for tho libel , lie continued , — I believe I . speak tho opinion of every mombor of tho Court ; when I suy that , you honestly believed tho truth of tho allegations which you jniulo in tho plea which you put , on the record . They ( tho Court ) see no reason to deny implicit credence to tho statement which you havo this day inado on oath , lor they helievo you are a man incapahln of slal . iii" - what if ) nol . I ho truth . Noil her do tJioy think that this publication arose from nTiy * reekloRs belief which you hud taken up , but that , you , receiving tho story from some 0110 whoso character you respected , and having mudo inquiricu upon tho tiuitjeot , and understanding that thoso charges hud boon mado many moutha belbro , and had

      received no contradiction , you thought you had good grounds for believing that they were true . Tho Court further believe that you composed and published this libel , not from any personal malice which you entertained towards l ) r . Achilli , buc because you thought that , as he had assailed the religion which you so much value , and came as a personal authority and eye witness of the transactions of which he spoke , it was extremely important , especially in the town of Birmingham , to which he came , that you should meet the charges which he made by exposing his character , and so deprive him of tho authority which he would otherwise acquire . This brings me to tho question of the actual truth or falsehood of those accusations which

      you put upon the plea of justification . In addressing myself to them I cannot but advert to the strong and unqualified language which your counsel have used . Upon this point I must observe , that there are many circumstances in this case which ought to induce one to pause before adopting such extraordinary and strong language as that which has been used by them on your part . In the first place , there is extreme improbability in the story which you put forward against Dr . Achilli . One can hardly believe that a man could have been so wicked for so many years , and , according to your statement , so notoriously wicked , and yet that he could have been so caressed and honoifred , and trusted with so many high appointments in the Roman Catholic Church down to the

      time when he lapsed and separated from that church . There was another circumstance which could not fail to arrest the attention of any one who considered the matter , and that was , the motives which had been put forward by the witnesses who came from Italy . One of them said she came for tho honour of the Holy Mother Church and the "Virgin Mary . These were venerable names , but none more likely in the case of uneducated witnesses , when speaking of remote transactions , to lead them into error and exaggeration . Another circumstance which could not but press upon the mind was the extreme difficulty , and almost impossibility , in the way of your opponent ' s effectually contradicting the story . Much -was said of tho difficulty under which you laboured of bringing witnesses to this country to support your allegations ; but in the case of Dr . Achilli , who had left the Roman Catholic church under the sentence of the Inquisition , how much more difficult would it be for him to induce witnesses to come here and

      speak ns to his character , and to contradict the witnesses which you brought forward ? All these are circumstances which the jury were right in taking into their consideration . These observations do not apply to the whole of the evidence , but they do apply to a portion of it . Taking- all those circumstances into our consideration , the Court is not so entirely satisfied with the finding of tho jury on these facts that , if the question of the granting a new trial had turned simply and solely on the finding of the jury as to the facts , the Court would have had no difficulty in saying that there was so much question as to the propriety of the verdict that in their opinion there ought to be a new trial , in order that the case mig ht be again submitted to a TUry . But thceo oirou . tjaot « io . ooa ought to huvn

      been more felt by those who had argued this case . | ' His lordship was here understood to say , that the trial had been so anxiously attended by such numbers that it was impossible not to see that it was considered by many that tho question at issuo was one which deeply interested tho church of England and the church of Rome . That , however , was an erroneous supposition . It seomed to him that the church of England , at least , had no interest in this issue . The church of England , when slandered , might havo said , that ; however much she regretted that Dr . Newman was no longer one of her members , eho could appeal to

      writings which had proceeded from his own pen , when ono of her ininisters , in favour of tho soundness of hor doctrines . His lordship then proceeded thus :- — " Those observations I make because they aro so obvious , and it is but fair and candid that justice should bo done to tho jury . Tho duty of tho Court is to find whether your guilt is mitigated or aggravated by your plea and tho evidenco , and it is bound to consider tho whole case against you . Tho plea mado it necessary to set out a great many charges . Upon sonio portions there was evidence and upon others there , was not . That ovidenco may have raised a

      probability , though not of such a character as to induce a jury to act upon it . But ho who undertakes to bring forward these charges oug ht not to make them unless ho has tho best reason for believing that he will ho able to prove thotn , for if ho fails ho does an injury to his neig hbour . In passing from tho matter of tho libel , I regret to say that there in something to be Raid an to the manner of it , which I have noticed with infinite pain and regret . It . appeared to me , as a mere matter of taste , to he totally different from the usual stylo of your productions , and , what , was much worse , there was a certain array in setting out , those imputations which you closed in a manner which has exposed you to the observations mado b y tho learned counsel ( Sir K . Thusigor ) , which you havo heard to-day I hnv < t no doubt with surprise . 1 allude to tho manner in which you havo given expression to the last charge . That , 1 tliink , lays vou open to the imputation of recklessness . The spirit , too in which you ulludo to the church which you luivo

      quilled i . s much to bo condemned . His Lordship bore read tho first . sentence of tho libel , in which the defendant spoko of Protestantism , " wiping its mouth , and turning up tho whiles of its eyes , and trudging to Uio town-hall , to hear something against the Catholic Church ; " and olmerved , that that wits not the manner in which tho dcfumlant ought lo havo spoken of I ho church of which ho hail lieeu ho long ii minister . The whole libel was conceived in tho name spirit , which was one of exultation over his opponent , whom lie ; ought <<> have regarded , if ho believed him guilty , as a most unhappy man . Surely ( tho learned judge continued ) , if . you f ' olt yourself cnlfed upon to net as a judge and exiicul ioner of a man so full of sin as you t hero describe , it oug ht , lo havo boon with sorrow and sadness ; lull , human nature shudders to hear tho executioner , ns ho braiidiahcH his sword , exulting as you did , and repeating hisi crimes , aa if they bud boon matter for exultation , instead of uorrow .

      I have now stated the different points of your case . I hope that even in this crowded court there is not a single individual who looks with anything like a feeling of triumph upon the spectacle which is now before it . I am sure , speaking for the Court , that the sentence which it is about to pronounce by my mouth is not intended to be the cause of exultation to any one . The punishment to be meted out to you is proportioned to the act done , and the motives under which it was done . As a member of the church of England , in which I have lived and in -which I hope to die , I feel nothing so painful to my mind as seeing you in that position . I can hardly expect that you will take in good

      part the observations which I may make ; but still I would say that the just controversy between the church of England and the church of Rome will go on , and , if you are to take any part in that controversy in future , it must be in a different temper and spirit . I will give you this warning —to meet your opponents with a calm refutation of arguments and increased holiness of life , and seek to sustain your church with a spirit of truth and holiness of life which shall be worthy of your community . The sentence of the Court is , that you pay to her Majesty a fine of . £ 100 ; and , further , that you bo imprisoned among the misdemeanants of the first class in the Queen ' s Prison till the

      fine be paid . " At the conclusion of the sentence , when the words " till the fine be paid , " were pronounced , there was a very general titter in the Court , and loud laughter from the back benches . Dr . Newman remained in Court for a few moments , while a cheque was drawn by his attorney for the amount of the fine , and he then left with his friends .

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      RELIGIOUS EQUALITY MEETING AT KELLS . KelxS is a town in county Meatli , where religious feeling runs pretty high . It was resolved to hold a monster meeting there on Tuesday ; and , in anticipation of disturbances , a considerable military force was in the town . Matters , however , went off peaceably , and the red coats were not required . Not more tlum 3000 people assembled , and the list of apologies for absence was numerous and striking . Neither Dr . Cantwell , nor Dr . M'Hale , nor Mr . George Henry Moore , the * new secular leader of the party , was present . The resolutions agreed to were strongly in favour of " equality" at the expense of the established church ; censures of the soup-proselytizing system alleged to be widely in operation , and a thorough denunciation of Mr . Keogh and Mr . Sadleir . Mr . Frederick Lucas , who was once an Englishman and a . Quaker , said that public opinion in England was in favour of Keogh and Sadleir because they had betrayed their country . The roo ^ it of tUo r wWv election was " hailed as a great popular victory . "

      In the evening about 180 o f the gentlemen who had assisted in the day ' s proceedings assembled at a subscription dinner . When the cloth was removed the health of "The Pope" was drunk ; " ThoQucen" followed ; and the political toasts usual on such occasions were duly honoured . In the course of the speeches tho Irish members who had taken office under the present Government were abused in unmitigated language . Dr . Gray announced that the Irish party had been formed by Mr . George H . Moore , M . I ' ., and himself , and

      preserved from premature dissolution by a letter from Dr . M ' Halp , the Roman Catholic Archbishop of Tuani . Mr . Lucas declared that the Tenant-rigliters had got more from tho Derby Government than they had ever got from tiio Whigs or Peelites ; and lie believed fcliafc Mr . Disraeli would be—if the Irish people did not mnko him an enemy—worth any other six members of tho House of Commons on the committee appointed to consider tho Landlord and Tenant Hills . Tho rest of tho oratory was of that character which is peculiar to such occasions .

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      THE MADIAI . Lono AivehduTvN has written the following letter t > the Hev . Dr . Tweedie of the Scotch Kirk : — «< Lojidon , . Iim . 25 , 1853 . " Silt —T have hnd tho honour of receiving Mi . ) memorial of the Committee on Popery appointed b y tho ( lenernl Assembly of the Free Church of Scotland , setting lorth tho ease of tho Madiai , husband and wife , who have been imprisoned by tho Tuscan ( iovornmenl , for no oilier apparent ; offence than that , of reading ( . ho Script ores I be- to inform you , in answer , thai , representations have been repeat . edly addressed lo the < iovernmo . l . of he < , rnnd . Duko on behalf of Hum T . i . se . m subjects , and that , a strong remonstrance was very recently made tlm . ugl . her ft . 1 , jes ^ a Minister at . Morence . I have only to add , tl at hci Maiosty ' s OovornmeMf , will lose ... » opportunity ol pro cstmg irJnsl . mi . « -fc « o much al , variance ; yv . l . 1 . the c , v . . / .. ilum ol modern limes , and will uso all jiiMtilmblo means to procure tho liberation of theso two unfortunate persons ,- 1 havo tho honour to be , sir , your obedient , humble servant , " lUw . Dr . Tvveedio . " " A hmrukmn . Somo curious attestation * in favour of the general

      good character , oluiritublo feelings , and uoblo private conduct of tho Minimi have boon received from a oertnin Catholic , nun , named Kosu Felice , M ' asHei , who was a follow-Horvant . of the Madiai in former timca , Tho UritiHh agitation in their buliull * still goes on ,

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      February 5 , 1853 . ] THE LEADER . 127

  • Citation
    • Leader (1850-1860), Feb. 5, 1853, page 127, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1972/page/7/