The Northern Daily Times. — Liverpool, Merseyside, England, 1856-03-31 00:00:00

as s i __________ Y a tlatnger, and the end and aim of his existence i lk a tnl i to la.,as to create strife and religious discord amongst iisaihabitants of the town, and to provoke envy, hatred, ~i 1: 1 malice the every man who differs from him in 'Pinion -n th e • Delore I have finished this case, you will perceive ilizgross inconsistency of the man, and you will perceive t ly ti iii Ills bigotry and intolerance writing on behalf o , e a ti t he calls Protestantism, but which I undertake to say ten t,oes not understand. When I come to direct attention 43 a ne gross i nconsistencies, I think Protestants may say, toe s r ,,, a ' at ruddy other people have reason to say, ~ God keep pai,t;ituaY friends." Gentlemen, the office which the w wads in this town is one of very great trust, ft): the h ay 'tars are a sort of police, ani may truly be said to thaneauißuede.r their c are and trust the charge of all the mer .. la the port of Li verpoo l . We complain, gentlr pi, Of tw ts'' o libel s , and these two libels I will read to you tl eka t L ail, I will read to you the placard which this gee oft hi ll tuotlght pr o p er to put out to usher in the content_ si e :P a Per) in wh ic h was contained the libel for which this Okar'') , w ‘ as brough t. I will just sh- You may see how co -I,:eiviteiletf,er its.object to draw the ki ted Y. No doubt a good that en r eli , up with this gentleman' • g°4 I'lls . In e ta Piper is made to ra.,.. , cant, t° , 'tit the producdon, he must make it more hos -. (f he learned sergeant thi-n -io he r " 14 410 the :in. , , in lar , r Ai a ,,,,.. , ~ ) ~ of th e p J` " s U, St Jit, 8 ; tl: e to pall tidewatte, s." of i n ' t i . o ., our of Liverpool, that this preciou3 F . ‘,.. ___ Piteall ua 'e ; and I am told that, aLout the time when . this ti g a Inade it s aPpeala ice, it was to all appearance to a Certain natural death ; and, I dare say, that this libel has. degref extent, resuscitated it. It has produced a t 111 aq a ° tleitertleat 111 the town, but when the eacitern , -t , h ill b e e p e subsided, I have very little doub. the Hera ld 'la iestcT a ri e Mut e. It b 'gins with " A Papal RA3 , 4 in e 1 Dre s . h il,," 'ustonat ~ Who this "Papal Rebel" is . will) o u man alio is h e l d . ' i ee• It is th.; p.aor, honest, hard-working at lam, La e. ' ,e, as endangerina the constitu ion under which . we d t c 4 o ees; La st Saturday," says the Herald, " we printed °ll 1 ; e tt te °f Membrship connected with the AS3OC . Id- c i b ob% a,.'e, Conversion of Ensland granted to Edwar 1 11 4: .L-aPtst, holding a situation,others with too many . ajesV). / f e t ° that damnable and idolatrous creed, in her Ilof the ustonas in Liverpool." A pretty good specimen owalneekness and humility of this man, to begin with. s ' H ) and t w h 'll call your attention to this certificate, as he cali f "e Pl i - „l„waY in which it comes into the possession o th e :--", and the d• g ze o f t u . l way in which it came into of foa -ski s s i°4 of the dek: 1 don't know whether any tasa;grtllemen in the jury-bog are of the Catholic per he it - ' 14401;111 presumedtja iuquire. I should, indeed, des- t l eoola ,Ise lf if I to dictate to any Man what it ° beta bil c reed, or, still more, to persecute and annoy Ido u se Le takes the liberty of doing for himself what 4 15 _ t or ma , a 1 , - „' s eif; but if there are any of that church s 114;1°411g: heeliClelrou will know there are various or t o what a_ clergy of that church, and they . very frequently k geth er ,re called nais,ions. That for some weeks e a kn e h I believe, they hold two or three meetings of the r d r y ifev47 id yl and at these meetings they _ithey are s do, as is their e t cla w . tame Catholics, exhort the members o e°• ett O a to diligence and zeal, and pray God to W ays, ; -ere tlea and others from the error of their 4 thg dell, there was a mission of that sort held ber m- ° Wu, by the Rev. Father Ignatius, who, hss, le : l et Will b •-•i , known to a great many of you, as the hge:eela formerly a member of the Church i f Eagland itlle,la hey, and Ron. Mr. Seucer. You will hear presently al Nita,- suggested to . render these meetings instrumental /1 1 , 1 Y, if w A n g,u,baht the conversion of England. And I ma p s . ", e ii t a" Of US enforced our opinions in the same w tiiin , vil l:di a "eY of living, by piety, by earnest prayer to itisii4,BPoses and turns the hearts of men, I am very much o ` ta a i' a to Think we should do much more good than we d . std i bt-l!ristianity woul4 be much more widely diffused . , aho wir , eve that the best way of converting others is in ii3rf fainthlairi°r own characte . r the races we wish to impress. , 1411 hi s , morally certam—yo g u . will neve . r turn a man l 't a it „ c `'Y by callina him a fool. You will never con: Ns , -'" 'torn any tr; tr int) which he may have fallen, I)) 10 ' ll '. t i tia t etror, a^d mixing him up ait the abuse. And a laia eu;1111'Y believe' iu " my heart—though I am a Protestant, tte i stitt in being a Protestant—more mischief has been Zell or e the Protestant Church by the unwise ! and indiscreet . it i! bl e r i era'n 'nen, who, instead of exe nplifying Chrtstt..n e'arit° -e ct tts brightest characteristics—l mean Christian . ten, 1---are continually abusing and insulting thetr . fellow n % elle useause they happen to differ from them in or h o , nt o o ttu — se ,111,ta use I firmly believe, do more mischief to t b ' o 3e t i e " and avowed enemies.. The instruments . used at ' u l / Ile eti ng ,, were those which, if we are to believe our f aith' a re the instruments recognised by G ,d- 7 to convect by teen' and b y Prayer, and by waiting upon him.. .Gentle asa °ll e would suppose, fr .m the way in which this 11,4 ciation described, that it was a sort of a Sialyti)2.People, having ,their leaders, an'' l o ' ra ue ' r Public itions and various instruments, .in • full r,„ I 'a tar subverting she ' will see presenaly, lien I coal') to read a p - trawl of cert;a , , ti 4 . aca.e, that, so far from this being the case, it is ph„' e s p ut , 'iation —a. '.- - • it I may use the he pla can sh Rebe Now, I am happy Co say, for heir meetir Alen vomer nntai y a,Bo,;iat 4 44 t i, e / ai l d is [ire membe s of it ; P nseF. indeed, more e—ia E elll, a lga th i s otv, let us see what the --- arldsonl_ 113811 P li o,ogr man w as ono day on I b yoat. some paper s f rom h kr t .,: e Means ar other to drop this. , 11te r; 111. onsele)'s propensities,knowing and ' dro tali e r , l n 's !vowed ol ject,picked it up He saw it , , I 3 ate 4 --r uirby' s p ,eket. P il o oa-ried it t i Mr. Oaseie i y t • , 4 Mr. Ouseley how he had become possess al of o ; \v etlla ' i s 011seley, instead of doing what a gentleman tieri ng ' Rlvi n, re done under the ci. ciimstanoes—instead Nvertelitl What do you mean th is catching what . drops inan- e - "e? t a k v , fit:Va another man's pocket, and bringing it to 14P;artlireinitbonek to the owner, and don't ' ask me to become Ousel al such disgraceful znd mean conduct"—not t Ite shall ae eY took it—Mr. 0 iseley rea . d it • and presen ly Pi' ' ee 0 ' th e infamous use he made of it. ' This is a small th e Cis,' Pli Per ? for which a member pays one halfspeunyat Wa y i " 4O he becomes possessed of it, a-1 that is the only_ t he )3 0 1 Wh Ieh he become; a member. There is a figure of I lhiell rssileall, not here, surrounded with some words, tsay offend il not offend any one's ears by reading. When etuns , you will not misunderstand me. Some it the IM - regar d them as sacred •, but it is not necessary, t ilthlelrcieFo'rPeosecosnotefrithte case, that I sh . ould . read them. I shall t h, 1. It °4E myself by putting it into his lordship's Ass • eglns by saying, D Irby " was admitted to ,s le t t'i d ay e e o Tt n io .is f or the Conversion of England,. on . the a Aln s i„ ""-eenther, 1855, by me, Honoriu . s Marie ot ,": 11 ovsesl: I lia Holiness Pope Pius IX., in the month -Itlociat.,-"wer, 1851, appioved of the formation d of an e htai ti ' all of all Catholics thronghout the worl , to f all °f God the return t - i the Holy Church nd granted thole Who are separated from it, and The e t;R t° this holy work his special benediction. Avetee°•e4ret"ethtes heathen to . say :—" As the work of then con elation of is nobly carried on through the Vloo s, ; , the Propagation of the Faith, founded its eei a i „,41, rrance, the present association takes for `, e etil e ,7 l e!t the recovery of all those nations which have . t-islenot be ` 43 the Church by heresy or schism ; and as v-40e4tireatestitolthted that England, as at yresent disposed, is , b c , Obstacle to the spread of Catholic truth, and ' a ,''West e e°l3l e if once brought back to the faith ! its To!t i 4, )tta intePPort, all Catholics are invited to direct heir Fl' h egil 11 , -- ," ePecial way to this point, in order that the . .. I ' ll e ° - ) 1 1 , England having been gained to God and His - ,, e te r s e b) ',,, Way may be opened to the extinction of all ; 1 , 4 W1 1 1; 1 ' 414 tO the s• reading of true religion throughout o ose w , 43 world. The following propositions are made t_ b.,4ol(Nisidlel enter on this great enterprise :-1... That . d usla nd t vote himself to the work of the conversion ot 'Pli e j 0 the true faith, with the fixed resolution . of never teeta n i f roli the holy purpose till it be happily and . full); V 4 ' 4 'l4,l` lh etl• 2. That he should make the conversion o o r a the daily object of his prayers, according to the `-ogia;,„'Ill addressed to all the faithtul by the prelates of o tts p ",,", as sembled at Oecott, at the close of their synodical thooil":ited July, 1852, in these words : ' Pray then daily, jour fella he but one short Hail Mary, for the return of "qy al l ° ?-countrymen to the one fold of Christ; that we 3 .." 13 e one, even as He and his Father are one.' e gl , l l.at • ,, ich Re it is the continual prayer of the . just man Stld 8 1 Ss we read, availeth much with Almighty God, til e i' ll f ce ) heat to the efficacy of holy prayers, it is by thatv-rlous lives of those who profess the Catholic b fai o th Wha of Will be brought to acknowledge its truth, all dail y tettiter this association are called their n lives by ItraetiAe! solemn purpose of sanctifying the iiatt by ot all the daties enjoined by our holy religion, and As / eehtinual efforts to advance in all Christian y virtues. qu nit el lr Divine Lord has made special promises in favour tPter,ect Prayers, and as we can hardly expect a general C ' f t hose' ithBli separated from the th eir f," remain wholly indifferent to the extension .n o - f their a!th, em while so * many dishonour it by their sci to el ett s t h h ive s , 1)1 0 members of this association are expected to -etnselvzs as their zeal and prudence may direct, 140Z'eLall Catholies, not - only in their own country, but at 1,4 1 '.?Ut the world, to take part in this holy enterprise, til e r° Y their daily prayers and good examples. 5. n in. e t Mardi, 1851, his Holiness granted a p lenary tin etee. to be gained once a month, on any closen day, 4 e- ii nclit t o tl of confession and communion, and saing eddr e af tliree Hail Marys for the conversion of England, to 1 ? each Hail Mary, " Help of Christians pray Rtatl'' - Besides the above, in May, 1850, he Wbo e 't , three hundred days' indulgence to all ~,etteinni2ltkall offer a devout prayer—as, for thi s `,,-,.'"' one Hail Mary—for the conversion of England. for 511" ; e nt has been since extended to those who shall pray fasth e in, general who are separated from the church ; and a good ~.r utdalgence of 100 days has been granted for every Thi, r!ric done in favour of the association thus extended. rne ht ; favour WAS requested especially for the encourage ptiee. L Zealous efforts to engage others in the holy enter the it _ Por admissiona to the association, it is requisite that o f the utoe of party should be inscribed by a jariest on one li e Papers, and likewise entered in a book of the asA- the fitli la'y at the dock ,oeiet he blpp Same worthy person Mr it folding out the y it is printed .on of everybo, to love of lucre is s zeal for the Protestant d I suppose he thinks, intE nORTHERN TIMES.—LIVEIRPOCI" MONDAY, MARCH 31, me Mr. Kenealy : I suppose you, as a Catholic, hold that the Pope in council is infallible. Do you believe in the iifalli bility of your church ? I do, sir. Do you hold yuurself bound by the ordinances of your church ? I do. Did you take any oath on entering the Customs' to bear allegiance to her Majesty ? I did. Did you swear never to do any act to weaken the Protes tant re.igion of this country ? I don't recollect that being in the oath. (Laughter ) walked into the . trap laid for me in the invitation. I ssked no such question, because it would be ludicrous in me to do co. We know very well—we have it in history—we have it in the statutes of their creed, that mental reservations and equivocations are allowed to every member; and what answer do you suppose I could have got under such c.rcumstanees, it I had asked the plaintiff if he were a subject of the Pope of Rome. I don't care whether you are Catholic or Protestant. If you are Catholic I shall be better pleased than if you were Protes tant, and I will tell you why. Because every Catholic in that jury box will he able to tell his brother jugular' that his allegiance is due to the Pope of Rome betore any other potentate; and that when he gots to a public dinner, he drinks the health of the Pope of Rome first and the Queen last, thereby indicating, by a simple act, where his heart lies and where his allegiance is due. My learned friend commented with great indignation upon the use made of the document which he read in evidence. He said it was dishonourable in any editor of a newspaper to publish that document—he appealed to all your feel ings, as men of honour, upon the subject, and I saw that that appeal was not without effect. But if you believe, as Mr. Keneali: Oh, yes it is. The Court : I do not exactly see how he could use any of his privileges, as tide•waiter, to that end. Mr. Kenealy : Do you consider yourself bound by the notes published in your New Testament The Court did not think that question should be put. It was an enquiry into the private faith of each individual. They wou d all be in some difficulty if their characters were to be canvassed in newspapers upon matters so remote from ordinary life. _ _ _ _ • Mr. Kenelly : I with to shew that the doctrines con tained in the notes co the Testament are of a tendency to subvert the British constitution. The Court : Then you must put in the Testament in evidence, and let us see what it is you allege. It would be qoite intolerable if a person sueing in any action could be iiiterrog ttei in this manner, on matters entirely and only between him and his Cori. _ . Mr. duseley believed, that that Was a treasonable docu ment,—if any of you believe that a . man in the service of the Crown of England was the servant at the same time of a potentate whose interests arc averse to those of th it Crown,—and if any person brought to you a' ' document, proving the fact, which had dropped from the p,cket of . _ Mr. Kencal) Oh, my lord, I submit with great respect — Court: But I overrule the question, Mr. Keneaiy. I shal. nut hear any ar g ument upon it. Mr. Keuealy : You overrule my question as to the religious b.,liet of this g :utleman ? Court : Yes, I have taken it down, and I overrule it; you have your remedy atter, if I am wrJug. I entertain too decided au opinion ou the point to allow of its being discussed. There are some matters wh oh ought not to be discussed here. su h person, I then leave you to say—with all respect fur my learned friend, whose notions of h nour ate so high— whether, if you believed that man a traitor, it would not be your duty to publish the treason to the world It was acing under that bona .fide belief—for which I shall, I thick, show you presently good grounds—that Mr. Ouseley published it. There was no malignity to Mr. Darby, for he had never seeu him. We have the plaintiff in the action imputing to Mr. Ouseley the grave crime of havillg called him an idolator. You will see, gentlemen, when this docu- Mr. Kenealy : I propose to ask him whether he conceives himself bound by toe notes to the New Testament. Court : I have your question down, and I overrule it. Witness re-ex.imined by Mr. Serjeant Wilkins. When I say I am bound to obey the decrees of my church, I only mean in religious and spiritual matters, not worldly matters. There has been no combination or subscription whatever on my behalf. Mr. Serjeant Wilkins : My lord, I beg to say, that if Mr. Ouseley will now, for my client is a poor man, whose only object is to maintain his reputation, retract what has been said, and hold this man harmless, I shall withdraw the action. meat is placed before you, whether Mr. Drroy, the plaintiff, worships the God of Heaven, or wheArer he does not offer up his adoration to some idol of his own imagination. My learned friend told you that in the centre of the document there was an engraving of the Virgin Mary, but he took good care not to record the device which surrounds it— Thou alone hast destroyed all heresies throughout the world " There is the gentleman who complains of having been called an idolator. " Thou alone !" Why, here %e have the Virgin Mary . placed in the position of - God : She alone the destroyer ()f heresy throughout the world ! She also is the lady to be prated to in this document by the gentleman who is so horrified at being called an idolator. " Pray then daily, though it be one short Mary !' for the return of our fellow countrymen to the one fold of Christ." That is the first direction given in reference to prayer Court : Now, Mr. lienealy, that is an offer. That is the olive branch certainly. „ . My lord, Mr. Ouseley defends this action Mr. Kenealy upon principle. Court : Then he declines the offer, upon principle ? Mr. Kenealy : lle declines to retract what has been said, because he believes that it is true. Court : Very well. Then let us proceed. Mr. Quinn, father-in-law of the plaintiff, proved purchasing the paper, and seeing the placards. Mr. Joseph Allan and Mr. John J. Yates proved the letters mentioned in the case written by Mr. Yates, plaintiff's solicitor, and by defendant. Mr. S. P. Edwards, collector of customs, deposed that the plaintiff had been several years in the customs, and that in consequence of instructions received from London, regarding a certain anonymous letter, an enquiry was held into plaintiff's conduct, which, however, ended in his acquittal. in this document to the zentlemanwlao isso guiltless of idolatry. Gentlemen, the words " damnable and idolatrous,' upon which my learned friend laid much emphasis, and which he flung into the jury-box with mach tone, and accent, and manner, where do they come from ? From the statute books of England. They are not the inventions of Mr. Ouseley— they have not originated with the defendant. No ; they have been framed by some of the wisest men that Engla id ever had—men who knew the whole history of the Papal Church, and who were convinced that the creed and its teachings were damnable and idolatrous. Here we have an association existing in Liverpool for secret purposes, or, as they say, for the conversion of England to Catholicity ; and yet we can't get any information as to the working of the society, or how members are admitted. That, gentlemen, is open to very grave suspicion. Either the gentleman is a member of the association or he is not. I asked him to ex plain to me the words " special way," the way in which the conversion of England was to be brought about—but he would not tell me. Don't these words imply more than is expressed ? If he has been told the " speclal way," he does not choose to reveal it. Suppose he has not,—suppose there is some " special way" behind which it does not suit Mr. Kenealy then proposed to put in as evidence a copy of the Liverpool Herald, containing an article headed " Popish Paseeutions, ' and referred to an authority jus tifying this course. the Court : I must see whether this be admissable, in justice to other suitors, as well as in mercy to the defendant in this case, for the admission of this article would now appear to be throwit g oil upcn the flame. Mr. Kenealy : It' your lordship uses a strong expression of that kind the concoctors of the association to tell their members, then The Court: Ido so, indeed. This article has nothing to do with the plaintiff. It is, to my mind, a summary of the exciting topics by which Protes'ants are worked up to hatred of the Roman Catholics ; and if we had all the exciting topics upon the other side, hen we would have fit preparation for persecution on both sides. Now, I don't wish to make a court of justice the means of, or the aid to the advancement of, such hateful ends. I don't apply my observation to you, Mr. Kenealy ; I apply it to the subject, and that is my reason for excluding this article. The only effect which it could have would be to work up the minds of the jary to hale on either aide; or to cinsider it—to take the most sensible view of the matter—as mere empty bombast. Iu the latter view, the admission would be irrelevant, in the other it would be hateful. That is my reason for excluding it. ;9 - Mr. thrby acting on a principle of sincerity when hesays he ekes not know the special way ;" and that '• soeci-al way" may cover some of the most enormous iniquities that were ever perpetrated is the name of religion. My learned friend was anxious to represent to you that this was an association for prayer. He said, " What, are you going to prevent prayer ?" With all the meekness he assumed for the occasion, "Is it possible you are going to prevent prayer in England?" But my learned friend did not allude to the " special way" which was specially marked out for members of the association to at+empt the conve:sion of England ? What is the " special way ?" Why is it concealed ? Have you not read history, and are you not justified in coming to a conclusion as to what that special way may be ? You have a gentleman who says he is bound by the canons and decrees of the Church of Rome. We shall see what the " special way" is then. I can have no doubt in my own mind that a great deal is answered in that term "special way," —that it may mean infinitely more than it would be safe to reveal to the would,—infinitely more than, under present circumstances, it might be expedient to reveal to the members of this association. If I can show to you that Mr. Darby is nothing but a mere instrument in the hands of others in carrying on these proceedings; that he is a tool in their cunning, artful hands, in striking at the liberty of the press of this country, which would gloriously serve the Church of Itome, then I hope, looking at it in the magnitude of the question presented to you, that you will pause long before you say that any damages, or, if any, more than the smallest coin of the realm, shall be given to the promoters of a design intended to destroy the press of this country. The document says that England is the chief obstacle to the spread of Popery all over the world. Now, why is England that obstacle ? Is there anything in the character of Englishmen that prevents them from being more likely to be made the dupes of this church thaa any other men ? Are you alone the men who possess true judgment and knowledge ? However flattering it may be to your ideas to think so, yet that is not the cause why the Papal system does not progress all over the world. Why. is Italy in the hands of the Pope? She has no free press. Spain is no better, for she has not even the image of a free press. And Austria is bound to Rome by the con corder, by which the Emperor has deposed himself, and placed the Pope on the throne; he has handed his own crown to the Pope, and in that conntry also there is no free press. I mtat take you to Fiance, governed as it is by our ally the Emperor of the French. There also, where reigns that child and representative of the Papal churl, which makes him its tool at the present moment, and will cast him off at its own time—there, also, there is no free press. All these states and empires, gentl-men, are subservient to the Papal church ; and why ? Do you believe that if there was a free press existing in these countries, that men of great intellect, of great research and know ledge who know well the history of that Church, would not they spread abroad among their less intellectual countrymen the truths that would destroy the Church. If, then, you look at this as a proceeding intended to destroy that free press—that freedom which we all pride ourselves upon—you will see the serious, awful magnitude of the present inq dry. When this paper was first established the plaintiff brought four actions, and he was not satisfied with having attempte I to crush the Herald, but he instructed his solicitor to proceed against the news vendors, who could not have anything on earth to do with the libel—he tried to prevent them from selling the paper. Do you not see in this little fact a great, a clear, and con vincing proof that this is not an action between Mr. Darby and Mr. Ouseley, but that it is one of series of actions to crush the press of Liverpool, and to prevent the harmless newavendors from selling that press ? Are you pre pared to abandon that press handed down to you by your fatbe - s, which is a ssociated with everything that is glorious and great. It seems to me clearly thetthe object of thisac.ion is to crush the Herald, and that it being crushed, a like desire for the fall of all the newspapers in the country would be the result. Don't you think it inconsistent that those gentle men who desire to possess an unlimited freedom in this country, will not grant any freedom whatever to their own country ? Nog, those gentlemen who won't allow liberty to their own slaves when they come here, claim liberty from us, and if we venture to express any of the doings of their church, or any of the designs of their associations, they make use of our rights for the purpose of destroying thoee rights and our privileges. Mr. Kenealy then proceeded to refer to several cis creel cannons, Sec., of the Catholic Church, with a view to show then t o, bat read that heretical prince s m i g h t b e excommun i ca t e d, an d even murdered ; but was st o pp e d by hi s l or d s hip, wh o t oo k a n m o r te .K of en th ea e ly cases referr ed wished to part ruled them or t h o e u B t order. clen i Domini—which was read every Maunday Thursday in Rome by the Pope, and which ordered every bishop to persecute heretics. Court : You are going to read from the Canons and Councils of the Church of Rome ? Mr. Kenealy : I am, my for Court : I must really decline to listen to them. Ido not know anything about them, and I really do not want to know. (Laughter.) Mr. Kenealy : I have always been allowed. I remember in the chartist trials; Cold : I really cannot. Mr. Kenealy : Probably your lordship will, at least, con descend to hear me ? Court : Certainly. I have heard some of your observa tions with great pleasure, and all with great attention. Mr. Keuealey : I remember during the chartist trials I defenoed a man named Looney, who was tried for sed i t ion. His speech w a s g i ven i n evidence. I was allowed by the four in lges in the Central Criminal Court to read extracts from the writings of nearly all the great jurists and poli tical philosophers of England. The Attorney-General prosecuted, but he did not venture to offer the least oppo sit on. I was allowed to do the same in the defence of another man, named Dowling, at the following term. The Court : The canons of the Church of Rome cannot have the same reliance es the opinions of English jurists and English lawyers. It would nut be oily irrelavent, but quite na'schievous, to enter into such discussions. You want to make such a speech as that—l suppose, for I never read it—that made by Mr, Pope in the Pope and Maguire controversy. (Laughter.) The result would be we should have Mr. l'ope's statement without the opportunity of hear ing Mr. Maguire's reply. (Laughter.) You want to make this court a place to deliver what is c alled a " great Protes tant speech," which I cannot at all allow. Mr. Kenealy then proceeded to say that he did not know Mr. Kenealy : But, my lord— The Court : Mr. Kenealy, t.hiv article appears to me to be irrelevant to the present matter. Mr. Kenealy : Then your lordship excludes it ? Toe Court : Do you press it ? Mr. Kenealy : 1 do, my lord. The Court : Then I shall exclude it in mercy to the defends. t. Mr. Serjeant Wilkins : My lord, I may venture to say that I entirely concur with your lordship's view of the mat ter, but I would have it understood that we don't object to its reception. Thu C .urt I think it were better omitted Mr. Serjeant Wilkins replied in a brief address, com menting %Lai great force and eloquence upon the whole conduct of the defendant. Mr. laeaealy then proceeded to address the jury on behalf of the deft nee. After some prefatory observations, he said : I shall lay before you the case of the defendant in all its plainness and matter of fact simplicity, and that you, whea you come by and by to consult together—laying aside, of course, the effect which the powerful address of my learned friend has had upon you, and looking to the case calmly and dispassionately, shall be able to judge whetaer the defendant, Mr. 0 aseley, has been a .tuated by any malicious motives ; and whether the plaintiff has suffered any of the distressing consequences imputed to him in the speech of my learned friend. You will have to consieer whether any of these things have occurred; and then, looking to the merits of the case generally, whether the plaintiff is entitied to the substantial damages for which Mr. Serjeant Wilkins so powerfully contended. Now, gentlemen, it seemed to me, although he is representing—not, I will say, the Church of Rome, because, probably, that would be disputed— but representing the representatives of the Church of Rome—had acted in quite an opposite spirit to the way in which the Church of Rome universally act. My learned friend knew that if he put before you the arrogant claims of the members of that church—if he were to pro claim the lofty pretensions of that church which claims uni versal dominion, and which anathematizes and excommuni cates all who will not bow to its teaching, or who does not belong to the church, he would not be listened to with patience by any society of Englishmen. And therefore it was that he assumed the meekness of the lamb—that he disclaimed the arrogant pretensions of that [church—that h e talked to you of Christian chnrity,,and Christian love, and Christian forbearance—qualities that never we re ex hibit e d by the church—qualities that are inconsistent with a ll the history of the church—qualities opposite to the buruings and prose cutions of the church he represents. There was consummate skill, to be sure, In my learned friend adopting this meek and Quaker -like tone—there was consummate art in the appeal to these qualities ; but, g entl emen , if an y of y o u knov the past history of Papal persecutions, if any of yon have read the acconn:s with which history teems of the awful deeds perpetrated in the name of charity, in the name of love, and in the name of mercy, to uphold the tenets which he here represents, you will see at once that all the meekness, and all the gentleness, have been assumed, and that they are entirely inconsistent with everything belonging to the persons he represents. Gentlemen, the paper that contains this alleged libel has been charac terised as a firebrand. It has been predicted that it would die a natural death. I have no doubt that a great many people of Liverpool would be exceedingly glad if it did die a natural death. I have no doubt that the present proceeding is an attempt that that paper shall die a natural death, because that paper advocates views repug nant to the interests of the Church cf Rome—because that paper, speaking out in the spirit of Luther, does not hesi tate to proclaim its convictions—does not hesitate to expose the various frauds every day perpetrated—the various decrees every day formed—and the various links and schemes every day endeavoured to be palmed off upon our fellow subjects. No doubt it would be most agreeable to the persons so exposed that the paper should be destroyed ; and this action is an attempt to call in the aid of twelve British jurymen to destroy that paper, net merely the property of Mr. Ouseley, but the expression of free thought in this great country. Gentlemen, in England we have always prided ourselves on our freedom of thought, and our freedom of expression. To the press we owe all the liberty we have—to the press we owe all the blessings we enjoy. Travel where you may through every other part of Europe, and you will not find free expressions of opinion in any state; no paper is permitted to be printed an d published that gives free liberty to thought. You have a censorship all over Europe, particularly in Catholic states ; are you prepared, gentlemen, to allow a censorship in England ? Are you prepared to stifle free thought in your country ?—are you prepared to hand over a man who writes, probably, from the . burning passion of his mind—passion crea ted by his perusal of history, —are you prepared to hand such a man over to the tenuer mercy of a church whose infamy he has exposed, and to crush every newspaper in this country which does not suc cumb to the interests of the Church of Rome ? Gentlemen, my learned friend said be was about to call the plaintiff Darby i n t o t h e b ox , a nd that I might ask him, it I pleased, if he were a subject of the Court of Rome. I knew very well the kind of answer that Mr. Darby had been instructed to give if I bad asked him such a question. I knew that he would be prepared with an answer to any awkward interrogation of that kind. Mr. Darby, it appears, has had spiritual communication with two gentle men since this acti on commence d--with Fathers Ilonorius Marie, and Ignatius of St. Paul the Pdssionist, and no doubt he was prepared by these with the answer he should give; and, certainly, I am not inexperienced enough to have ciation, IGNITMS OF Sr. PAUL, Passionist. Permisti svperiorum." Now, gentlemen, I dare say that neither you nor lin our present views—l don't know whether there may be some of you Catholics—but those of you who are Protes tants, with myself, I may say to you, I dare say, we should not feel very safe if we had nothing to rely upon but an indulgence; but there are thousands who hold different and different tenets. There are thousands of men who from us in religion, whose lives are examples to the ages in which they lived, and who are handed down as exam. pies to posterity. We are not here to day to decide upon the errors of one church or of another ; and it would be well for all men if they would lay aside the arrogance which prompts them to it. All we can do is to inquire after truth ; when we think we have found it, to embrace it, and hold it fast, and seek by every righteous, rational, and proper means to propapte the Until amongst others. But, I ask you, gentlemen, if there is one single word to be found in this little document I have just read to you upon which to found any apprehension in the minds of sensible men as to any ffort to subvert the constitution under which we live. Gentlemen, 1 often ask myself what is this Protestantism of ours ? Is it what it professes to be ? Is Protestantism a convertible term with truth? What, then, are we to think, to say n ,thing else, of the pusillanimity and cowardice , f those Inca who are all aid to leave the truth to G ? who are afraid to leave it, to its own omnipotence, and who are coastahtly seeking to propagate what they call the truth by moans of persecution, of violence, of insult, bigotry, and intolerance ? It you regard Protesiantism as 1 regard it, you would say —Come what will, w :at may—l will leave it hint who is omitip;.tent and omtiscient, and whose pro mises are never to be violated. And yet one would suppose, when one reads the productions of such men as Mr. Ouseley —one would suppose when one teads the absurd speeches so often made upon the platforms ; at.d when one finds the sanctity of toe church viola ed, ant sees men bloated with anger, their cheeks livid, and their nostrils distended, and giving every rutrk of anger and bad feeling —,.hen one finds men indulging in such means for what they cal the prestrvatiou of Protestantism, it appears to my mind they have no faith in the merits of Protestantism itself, and seek to accomplish, by means God will never recognise, the promotion of their views. :sow, gentlemen, having read what that document is, I will proceed to read this libel. The learned serjeant then proceeded to read from the article headed, " A Popish Rebel in the Customs." He read the first paragraph, charging the plaintiff with having " solemnly pledged to devote himself to the work of the conversion of England to the true faith, with fixed resolu tion of never flagging until that was happily and fully accomplished.'' The article further called the plaintiff a wretched traitor to his sovereign, who had enlisted himself in the service of a foreign potentate, and declared that it was infamous that such a person should be permitted to hold the office he did any longer. The article concluded by a threat, that they would forward papers to the collector of customs, in order that Darby might be examined. Serjeant Wilkins continued—They did for ward papers—they did wha‘they could to bring this poor fellow into a position from which he could not escape. I believe an inquiry was set on foot; that inquiry produced a result which might have been expected—the reasoning and the mis-statements of fats on the part of Mr. Ouseley were treated with that contempt which they deserved. After this libel appeared, it was brought to the wife of this poor fellow, and, of course, when he came home, it was shown to him. As soon as he got it, he took it to Mr. Yates, his attorney, and that gentleman wrote this proper letter to the defendant. (The letter was here read, asking the defendant to retract the expressions he had made use of in reference to the plaintiff.) Now, I think a much more proper letter than that could not have been sent under the circumstances. Now for the reply. It is dated " Jan. 28, 1856. In reply to your communication, which I have just received, I have only to state that if the Edward Darby you allude to is the same party to whom I referred in the Liverpool Herald of the 19th and 26th, 1 have nothing to retract. The original document is in my possession ; and I Lave a witness who saw it fall from the pocket of Edward _Darby. Therefore I reiterate the ex pression that any man who is a member of the society, the object of which is to do all it can to injure Protestantism, is a traitor to the Crown, as no Papist can reign in these realms." Now, gentlemen, I believe I have gone through the libel and the main facts of this case. The defendant having had the opportunity of settling the matter by recanting what he said respecting this inoffensive man, he wickedly refuse-. The learned sergeant then alluded to an apnea made in the Herald for a defence fund, to meet this action, and concluded by saying: Now, gentle men, I have been told that this is to be a very long case. I cannot understand how, or why, because the defendant has pleaded, first of all, not guilty, and, secondly, a plea of justification. You will find he has justified everything that is not libellous; the libel itself is never touched ; and, in point of fset; ant; in point of law, there is no justification at all. I know personally, and lam proud to know, the great abili y of my opponent ; but I cannot conceive by what means he will occupy a great d?al of your time. All I ask of you is a verdict, irrespective of creed. If' we are to draw distinctions of creed, it will be found most dangerous. On the battlefi,lds we have so lately reld of, we would not stop to inquire whether is was Catholic or Protestant blood on which we should drop the tear of sympathy. If moo fight our battles—if men will bear humilia tion and privation. and still be true to their fnitti—if some of the greatest orators, poets, and statesmen that have adorned the pages of our hi,t iry have be n Ca tholics—it will be most unrighteous and most dangerous for us to carry out toe doctrine and views of Mr. Ouseley, and repudiate the services of men, because they happen to differ with us in religion. 'i'he Court Whatis the defence in this case ? Mr. Kenealy : I think .1 will be entitled to prove justi- cation ulitier this plea The Court said the plea had just been read, and it really was no justification at all of the libel. In point of law, as the pleAings were formed, the plaintiff must have a verdict, and the only quesaun was one of damages. The plea dues nut profess to justify the libel. Mr. lituatalv : If your lordihip thinks that— The Court : It is perfectly clear. This plea never ought to hive becu put on the record, because it commences with an assumption that certain things are imputed in the libel ; and, instead of selecting the words from the article, it selects a certain general statement, describing an assump tion which may or may not be legal. But it gives the go-by to certain expressions, such as " rebel," " traitor," " ' 6 not to be trusted with the pro perty of the crown," " acting contrary to the Foreign Enlistment Act, to enlist under the banner of a furcigu potentate." There is no case to be tried. When an action was brought for a libel imputing to the maker of Holloway's pills that be was a murderer, the Court of Common Pleas held that a plea which showed he sold medicines which he knew would not have the effect of curing, under the guise of bring specifics, that when such a plea as that was proved, therefore the terms " scoundrel and rascal" applied to the plaintiff, need not be specifically justified. But the fact of man a being a " scamp and a rascal" flowed naturally from what was justified in the plea. But here " traitor," " villain," and " rebel" are wholly unjustified in point of law. (ills Lordship referred to the Statute of Treasons, and read some extracts.) The only question to try was the amount of the damages. Mr. Kenealy : Your lordship thinks we are not justified? The Court : Oh, clearly, clearly. I would suggest that the most graceful way would be for the defendant to with draw, and express regret for having published such a docu ment. _ . Mr. kenealy : It is quite impossible for us to do so. The Court : Well, lam sorry for it. It is quite clear that, in point of law, the plaintiff must have a verdict, and the only question is as to the amount of damages. The case then proceeded. Mr. Edward Darby was examined by Mr. Aspinall, and deposed that he was a tidewaiter, and had been in the Customs in Liverpool sixteen years. He had attended some services at the Copperas-hill Chapel, His wife obtained the paper read. Except paying one-halfpenny he had done no cotter act to become a member of an association. His wife put it into the leaves of a prayer-book, and it remained there until it fell out in the but where he was doing duty. So far as he knows the society has no officers or organiz etion of any kind. Was summoned before the collector of customs after the article and placards appeared, and an engairy made into his conduct. Never beard any more of it. Cross-examined by Mr. Kenealy : Has brought four actions in this matter, three being against the newsvenders of the town. These actions have not been tried. Cannot tell why they have not gone beyond the writ. Left it all in the hands of his lawyers. Never heard from any of the customs authorities that he must not be a member of a religio .s society, but was told he must not be a member of an Orange Lodge or a Repeal Association. Never actually joined the Association for the Conversion of England. Mr. lienealy : Do you know Honorius Mary of St. Abi•ius. (Laughter.) Witness : I think I have seen him in the chapel. r. liencaly : I suppose it is a man, notwithstanding the 1119) - v ? Witren : Well, I took him to he a man, at all events (Laughter.) The Court : The name is not so extraordinary. We have Jean Marie Farina, you know, Keneolv : Is he a foreigner ? Witness: I believe he is by his accent. I had some com munication with him after I got the paper. I had some communication twice with him in the confessional, when I was attending to my duty as a Roman Catholic. I do not know i; he is an Italian priest. I had some communication with Father Ignatius about the association after I had entered this action, the day the Roman Catholic bishop of this town was buried. Ido not know that the association has any place of meeting, or holds any meetings. I. do not know that the members are especially bound to go to con fession, except as all Catholics are bound. I cannot give any explanation of what the special way is in which all Catholics are invited by this card to direct their attention to the point of converting England. Mr. Kenealy here put a question to the witness, as to whether he had had any communication with his wife regarding the association ? The court ruled that, under the recent btatute, that qua tion could not be put. whether the jury would be pleased at having been saved trouble of hearing these extracts read, but certainly his lordship had relieved him of a good deal of additional trouble. _ln 'conclusion he would _ ask the jury were they about to destr9y . the press of this country by - - sacrificing his client to Macfiinations of Popery; add disclaiming any intention of attacking or injuring the plaintiff in his private :capacity, called upon them to award to him as damages nothing beyond the smallest coin of the realm. His Lordship then proceeded to charge the jury : lie briefly recepitulated the facts involved, and read the paper which fell from the plaintiff 's pocket, and on which the article in the Harald was founded. His Lord ship then said : It appears that the object proposed by this paper was the conversion of the country to Roman Catholicism. Now, that object has been said, upon the part of the defence, to be inconsistent with the liberty of the country, and acts of parliament have been referred to with which it is also said to be inconsistent. My own notion would be this, and you will consider how far your own minis go with it,—lf a man desires to be free him self, the proper way to establish freedom is not by insist ing that his own opinion must be absolutely takrm for gospel and for truth. He must, if he would be free him self, allow freedom to others. There can be no true free; dom in any country where any person, whatever the position he may happen to hold, any person who may choose to set up "as editor of a newspaper is allowed to impute, without foundation—if you think it has been done •.• in this case without loundation;--the offence of treason, or rebellion, or any other form of felony, to_any other per: son, merely because the latter happens to be a member of a different religion, and because being a sincere member of that faith, he has also a sincere desire that others should think as he does, and should go up to Heaven th, It is competent, and it is lawful fur any man entertaining any view of the Christian faith, to endeavour by all fair means to induce other people to join that faith, if he can satisfy their coniciences that that faith is right. Different people take up different views same way from many very different causes. Some people belong to a different faith because their fathers, and grandfathers. and others, have been so before them. They see no good reason for departing from the opinions which those who had gone before them had professed, and they remain in that faith to the end of their days. ;Other people whose minds are more active upon religious subjects, think fit to inquire for themselves. That, with deference to the learned counsel, was the origin of Protestantism. The _ _ spirit of free inquiry, that each man should look for him self, should find out that which he thinks best, and should adhere to it ; should, if he has formerly been of another faith, that, to which his forefathers belonged, leave it, and go to any other faith which he has satisfied his mind is right, the power to do this, to remain in the faith of a man's [father, or, if he sees good reason for chang- ing it, the power to adopt another; this is religious and Protestant freedom. It is not because a man differs in his creed from the religion of the majority of those around him, and from the religion of the State, that, therefore, he is properly to be exposed to observation upon his conduct, imputing to him crimes, as is insisted upon by the defendant to be the true view of religious freedom, according to what he has put forward. You will judge, gentlemen, how far such a view is consistent with your own notions. But, so far as I can see of t.,is paper, there is nothing suggested which, if done in a lawful way, by fair means, by persuasion, by setting before the people, who are attempted to be converted, the views which are entertained by Catholic or Protestant, as the case may be, which is not perfectly consistent with a man, being a good subject of her Majesty, and being as much to be respected .as any other person in the kingdom, . . whatever faith may be. NoW, let us see what is sug- gested by the defendant for the purpose of bringing your minds to the conclusion that the plaintiff is a person who intends to overturn the church, and to subvert the con stitution of the country—rather a large work for a Liver pool tidewaiter. " All Catholics are invited to direct their efforts in a special way to this point." T hee are _ the words upon which your attention has been fixed. Now, no proof is offered on the part of the defendant. . . . . . The books which the learned counsel wished to read in the course of his address to you, were not books which it was proposed to prove in evidence for the purpose of estab lishing any facts relative to the case, but books to estab lish generally that the scope and object of the Roman Catholic r dagger or by the stake I should hope—and I do not know wtiaher 1 am fond in that belief—that such days are gone by for Catholics and for Protestants. l am not aware that any good can follow by continued reference to the scenes of past days on either side. This is my private opinion, which I have a right to, you having each a right to yours. No such days can return. Mankind is too en lightened at the present day to tolerate any such persecu tion. The notion of Mr. Darby, a tido waiter, having entered into an association with a view to dethrone the Queen, or to bring you and me—l say you, in reference to any of you who may be Protestants—to the martyr's stake, appears to me to;be perfectly preposterous. I see that Mr. Ouseley ,in his article, refers to apassage from a great writer in this country. and a writer who certainly never uttered a sentiment which was not tolerant. I shall refer to another. It appears to me that a person who can impute, without further proofs than the words "in a special way,'' such an effect as this, belongs to that class of people who " see more devils than vast hell can hold." It is a gross exag geration, and one which does not recommend itself to the common sense of any man, who looks upon it as a man of business or a man of the world. The recommendations contained in this paper are couched in the spirit of a church which i 3 essentially missionary, and has al ways been actuated by a :desire to extend the faith and the doctrine which she professes. That is its object no doubt. One recommendation which the paper contains is that the members should make the conversion of Eng land the daily object of their prayers. Well, we may object to the form of prayer which is pointed out, but while objecting to the form and mode in which it is addressed, or the personage through whom it is addressed, I apprehend there i 3 no person of any denomination who would .not pray, and pray most fervently, that all the people of his country should be brought, as here ex pressed, into the one fold of Christ, that we may all be one, even as He and His Father are one." It depends entirely upon the spirit in which it is done, and the means which are resorted •o. Now, let us see, according to this paper, what these are " That, as it is the continual prayer of the just man which, as we read, availeth much with Almighty God, and since, next to the efficacy of holy prayers, it is by the virtuous lives of those who profess the Catholic faith, that others will be brought to acknowledge its truth, all who enter this association are called upon to renew daily the solemn purpose of sanctifying their lives by the practice of all the duties enjoined by our holy religion, and by continual eff ,rts to advance in all Christian virtues." Well, I think there is nothing which can be objected to in that. The fourth recommenaation is that, "as our Divine Lord has made special promises in favour of united prayers, and as we can hardly expect a general return of all those separated from the church, while so many Catholics re main wholly indifferent to the extension of their faith, and while so many dishonour it by their scandalous lives, the members of this association are expected to exert themselves, as their zeal and prudence may direct, to engage all Catholics, 'not only in' their own country, but throughout the world, to take part in this holy enterprise, at least by their daily prayers and g ood examples. ' The fifth refers to the granting of indulgen cies on the conditions which are mentioned. Now with -reference to this fifth we are all aware of the wide differ ence which exists between the creed of Protestants and the creed of those who belong to the Church of Rome. There are certain matters on which possibly we may find by and bye, in another world, a more enlightened state, that the two churches agree in certain points essential to salva- I lion. Possibly those of each church who consider that there is no salvation out of their own field may be mis taken when we come to the great judgment. But un donbtedly on matters which appear to us, who are Pro. testants, to be of great importance, and which appear to usSto involve great danger to the souls of those who belong to the Church of Rome, there is a:wide difference between the two churches, and the fifth recommendation refers to those differences. Regarding the doctrines of purgatory and transubstantiation very serious differences exist, and this refers to one of them—it refers to the doc trine of indulgencies, and to the doctrine of the intercession of saints, that is praying to God, instead of directly praying to him, through holy persons of more or less dignity, in the list of saints, the Virgin Mary being at the head. This is to our notions objectionable, but it is, in the notion of Mr. Darby, essential. But it is not because he entertains that doctrine chat he is not entitle I to the ordinary protection of one of her Majesty's sub jects. Now, the proprietor of this paper prepares himself an article upon the subject, which he inserts in the paper. He prepares it himself; he does not merely insert the manuscript of another, which might have slipped in by chance. In the first instance, he issues a placard, having in very large letters, " A Papal Rebel in her Majesty's Customs,' and beneath, in very small letters, "Progress towards Peace." (Laughter.) Then comes out the article, which thus begins. (His lordship read the open ing sentence of the article.) One cannot help observing, in passing, that the act of a man who takes up a document which he sees to fall from another man's pocket, and makes use of it for, purposes of his own, is. an a-t of theft ; and that the act of a pers on who knowing that it was so obtained, uses .it for the purpose, without the person, inquiry and further evidence of brin g in g person, from whose pocket it ha d fallen, before_ the public, was an act which I only do not characterise, because it is your duty to judge of it. It has been suggested that this article is written in a spirit of religion, and in a spirit of freedom, and with the desire of protecting the country from some great evil. Ido not know how it strikes your mind whether it is credible that the person who wrote that could have believed that such was the object of this tidewaiter in her Majesty's Customs. " Yes, this wretched traitor to his sovereign, to her crown, and the constitution of the country, has enlisted himself in the service of a foreign potentate, and is bound by a solemn oath never to. decline from the holy purpose of annihilating all heresies. In reward for his villainy (on condition of saying every day three Hail Marys'), he is to be granted 300 days indulgence; that is, he may commit any sin during that period, without a dread of offending his Creator I We put it to the present government whether Papists belong ing to such a society as this are fit to be entrusted with the property of the crown ? True, in Ireland, at the bar, there are at least four Protestants to one Papist ; true, also, the preference of government to Papists, in that blood-stained country, amounts to a proscription of Protestants; true, that for the first time since James II all the legal advisers of the Lord Lieutenant of Ireland are Papists; true, the Attorney General is a Papist, the Solicitor General is a Papist, the law adviser at the Castle is a Papist; of the three Queen's Serjeants, who rank next to the Solicitor General, two are papists ; true, too true, that Lord Palmerston and his colleagues have bar tered away the rights of her Majesty's Loyal Protestant Irish subjects, for the,j'arliamentaryEsupportEofathe nominees of a rebel Popish Priesthood. AU this is true ; and we may add that the reward for the votes of the Pope's Brass Band in the House of Commons is. the appointment of their friends such as Derby. to places of trust in the Customs, Post Office, and other departments of, the public service in England." This writer seems to have a very strange notion as to the effect of that particular religion; seems to have no notion of the possibility of meeting and associating with men of a different creed, or of agreeing to differ. I do not know how you may teel in reference to that. I own that lam a person upon that subject, of rather stiff-necked feelings. I have no tear of anything that can be done to subvert the Protestantism of this country. lam not afraid of our ever being brought back by these measures to the rack, or the torture, or the stake," and I should have a very poor opinion, indeed, of the people of this country, if thee were afraid of the possibility of ever being brought back to such a state. It seems to me to be about as absurd a suggestion as ever was made, and I could as soon beli, ve that we were about to be brought under the dominion of the empire of Russia. His lordship then prodeeded with the next paragraph of the article which called upon Englishmen to arouse to a sense of their duty, and to return to parliament men of sound Protestant opinions, who would insist on the withdrawal of the Mavnooth grant, and other measures of a like character, and then continued:—So far as that is concerned, I hire is no objec tion to it at all. The writer of this paper, or any p erson else, has a perfect right to vote only for Protestants, and to dete mine to make no grant of public money to any Roman Catholic institution. That is one of the lair means to meet them, and n?t by anonymous letters, or .—...., . _ by attacking them in the public press. A man to discuss thej subject of the Roman Catho itself, and to discuss to the last fibre, and to us as strong as he thinks proper wi has not be subject has no right to take a private:individ put himself fairly forward by any act of i - -- of discussion. It by fair means, by n fluencinA theelec tors of this great kingdom , and by having representatives returned to Parliament who may consider it a proper thing to repeal the Roman Catholic Relief Bill, that con clusion can be brought about and that people think it desirable that it were so, the publisher of tins paper, or any person else, has a right to resort to such means, but at present, under the laws of the land in which we live, Roman Catholics have, with certain excep,ions, equal rights as the Protestant inhabitants of this country. There are certain offices which they cannot, including that of the crown, but beyond that they are as free—and God forbid tho day should come when it would be otherwise__ as any of the other inhabitants of the country. His Lord ship then read through the remainder. of the article, which was of like character with those passages we have quoted, and continied :—We are told to-day that this is not a personal matter between Darby and the defendant. We are told that this is a discussion, not of Darby at all in particular, or apart from all other Papists, but that it is a discussion of some great principle involved in the association, and which Darby is said to belong. It appears that the defendant is not able to bring forward anything against this man, who has presented himself for cross-examination, having the remotest tendency to make out that he is a traitor or villain, or a person unfit to be trusted, or any of the other terms of abuse which have been heaped upon him in this article. It was proposed to examine him in respect to what passed between him and his wife. I must say that the detendant, acting upon principle, and resting upon what he could get out of the man whom he thought fit to libel, without regard to the injury, I must say that if the man who did that trusted further to being able to make out a case against him by extracting from him some communication between him and his wife, it is only a piece with the former part of his conduct. I must say I cannot conceive anything more intolerable than that a man accused, without proof, out of court, should be convicted in court by the details of a curtain lecture. The defendant has allowed the two opportunities of retracting and apologizing to pass by, and the case is before you to say, under the circumstances„ what damages the plaintiff ought to receive for the injury he has sustained, if you should find that he has sustained any. The defendant, through his counsel, has addressea you, and stated the reasons on which he fo,:nded his defence. I had occasion to say in the eouse of the learned counsel's address, that I heard part with pleasure, and I astened to it with all attention. I heard with pleasure that portion of the address in which the feelings of the n which h, speaking for himself, absolved the plaintiff from the per sonal imputation upon him. So far as the learned counsel was concerned, that. was graceful statement, and such as one might expect from a gentleman ; and I was pleased with it. It appears that there are two points upon which the defendant relies. He snys, "I am the publisher of a newspaper, and this action is an attempt to destroy the liberty of the press. It is a topic which is always popular. and always attractive. lam not surprised that it should be popular with a jury, and attractive to them, because it touches my own heart and commends itself to my reason. Any appeiil to prevent the restriction of the freedom of the - press shall always receive from the jury, and always receive from the court, the greatest and largest measure of attention and sympathy. In this country the press is free ; the press of other countries is in the hands of censors, that is, it is subject to be even repressed if its writings be unpleasant to the persons in power. In this country we, can afford that our press should be free—. that is, we can allow every man to state fairly and boldly s ron unfair and his opinions, s( libellous attaci )ng as victuals criticise upon the characters of private have all seen th and stringent rnes harsh, sometimeso—ver-exaggeruated in entire, which have appeared on public subpa; in our press ; and so long as these discussions are limited to subject of powerful interest, so long as they are entered into bona fide, and witiout the intention of dragging the, . . . . . characters of private individuals unfairly bekore the public, so long, harsh and exaggerated as they may be will the public concede to such publicati( freedorr of the press press in this country Why is it that we can attc because of the strong - sense and good f Itants of this ciuntry. I believe th of the good taste of thi whom the garbaze of private Such wilt not sell;; and t belft.ve 'that is a great reason why we can afford to have a free press ; it is because the public opinion which sustains the press, the readers, who pay for it won't stand attacks on private individuals, won't stand the slandering and back .. s b e i i t v i t e ig of s forward persons, rward in pubic iu no u t ugin having unt to h thrust e ftyreemed-- there by those who eater for the evil passions of violent m:n. With reference to what firnee the e scu w s u s r io d n s is, the question may be ans were d of the philosopher who, when asked what was so and so, said "If you d Aft ask me, I understand." S o i t i s with reference to a publication of this description. You cannot exactly lay down definite lines where free discussion ends, and the slandering of private individuals begins ; but without laying down precise lines, there is no great diffi culty in looking at the thing itself, to say whether it is t free discussion or slander on an individual. A man i. as, mu ch entitled to have his chara c t er unsu lli e d , as to have, his p-operty or life secured, because without it he cannot earn his livelihood. Is this article calculated to bring the plaintiff into hatred, ridicule, or disgrace ? If you Halal; it is so, and that it is therefore a libel, your verdict will be accordingly. You are next called on however, although nothing is proved against Darby, to suspect something— to come to the conclusion, because of what is not on this paper, that there is something behind, which, :because It does not appear, you may imagine to be the most dangerous thing that can suggest itself to your minds. That is the notion, and it is said " there is no use to ask Darby anything, because he, being full of the doctrine of evasion and mental reservation, would surely perjure himself." Having said that I approved of the learned counsel's own statement with reference to the character of Darby, 1 must say with reference to this, which is no doubt suggested by his instructiopa, because no learned counsel would put - farayar4 such a statement unless suggested by his instructiona, that it is nothing more nor less than imputing to Darby, who has come here for the purpose of clearing his character from the imputation of being a rebel and a traitor, the further offence of being capable of perjury to maintain this action. You will say what you think of a man, if you think that he is a libeller, in having published this article, who can come into court and instruct his counsel, having no proof of that with which he charges the plaintiff, to turn round and charge him with being capable of perjuring himself in the witness-box. You aro. then told that there is no malice. Gentlemen, is thare no virulence in attacking a marl of whom he knows nothing, and imputing to him faults of which he had no proof ? I should expect next to hear if a man is knocked dowel and robbed in the streets, that there is an absence of all m alice towards h'm, because the man who robbed hint did not know him• before. Again, we are told that this is a great scheme to destroy' the press of the country. I have had some little experience of the law, and if this be true, that it is part of a great scheme to destroy the press of this country, all I can say is that the press is unjust to itself, because nothing of the sort has come to my knos-, ledge in any of the papers that I have read. It is theu, said there is no imputation on the plaintiff's charactet. I have read in an amusing book, by Mr. Dickens, of a, society wherein any imputation, however bad, be explain• ed away by the party, saying that he only used it in a " Pickwickian sense." That seems to be very much like the explanation here, that there is no imputation on the plaintiff's character, although he has been charged with being a rebel and a traitor, and of being capable of perjuring himself in the box. There is one other statement which has been made—of there being no protection for Englishmen travelling in the Papal States, and of their being persecuted in various ways. I must say I have been in many parts of the world occupied by Protestants, Papists, and Mahommedans, and I never knew one in which an Englishman could not square his shoulders and hold up his head, nor did I ever know one in which he has not; and I am not myself pre pared to think that any association, or any religion, will s considered, m e nA ny ever bring about any other state of things in any h part of the globe. That is an appeal to you as be E n fai g ri appeal founded on just groundwould but when it is henit m i a s d m e a i n d e supportin suppoorrt a o n f n a np b r r o ea v c o h k of when e es a a nd in t 1 pprivateanie aby character, ch,wge s f virulen tly further offences, o P tchoeurctaopr ajusticeb for the purpose of vindicating his charac ter—lilility o f perjury to the person win cannot help thinking that that appeal is made by a person who has no right whatever to appeal to any of those sentiments which are supposed to be embodied in that word Englishman. _ His Lordship then concluded, evey woi d of his impressive and luminous charge, having been listened to with the deepest attention, by leaving it to the jury to say whether the article was a libel, and cautioning them against giving vindictive damages in event of their being of opinion that it was so. The Jury. after half an-hour's deliberation, returned_ a verdict for the plaintiff, for 4645 damages, with costs. on com. uttng nto a