The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-02-27 00:00:00

IfISTOTTRIIRIDGE OBSERVER-

Mrs. Kennedy In 1862 for their conduct towards'
the plaintiff.
The Solicitor-GeneraL—Did you reprove them in ISG2 so
that they wept?
Witness : They are better able to tell you than I am.
When I left the visitation I came sway with the impression
that they considered I was biassed against them; but I
dared not tell them, and I thought I must bear the reproach
of treating them for the time unkindly. Mrs. Starr cried. I
cannot say if Mrs. Kennedy did. I do not remember that I
saw Misa Saurin during the longtime the ciirrespondence was
going oil relative to the commission I was lu Hull once
after I received her letter begging and praying me to come
and see her, but I did not. I think it is likely I saw Mrs.
Starr, but I do not remember it. The letter produced
addressed to Father Mathews is dated Leeds, but I cannot
account for its being posted at Hull two days later. Mrs.
Starr knew I had received the faculties from Rome, and I
communicated the tact to Sister Scholastica. I thought it
was highly probable I should have to use the faculties, but I
was not certain. The use of the commission was to give her
friends an opportunity of making inquiries, and for the pur-
pose of better instructing my mind upon the subject.
'the Lord Chief Justice : As I understand it, witnessei
were not to be called and examined unless the commission
thought it necessary?
Mr. Mellish : If four-fifth were satisfied of the readings
and depositions, end hearing what Saurin had to say,
there was to be no necessity for examining the witnesses.
The Solicitor General However much she thought it de-
sirable he witnesses should be called the commission were

for the incoherency of her statements—she wandered. W
allowed her perfect liberty to make her own statement, if
consistent and not varied. My interference was from good
nature. Father Porter used more urgency and persistency
on one occasion in bringing her to order than the others.
Dr. ()Vanden was quite as much so, but in a more gentle I
manner. Father Porter was eager to ascertain the truth of
the case. You may call it he was a little warns with her. I
The Solicitor-General : Was he in any way hasty with her?
—Witness Well, lie was. The question of twelve to one
witnesses was not discussed, they were sot impeached be-
cause they were the consciencions, deliberate, and truthful
statements of eye witnesses of the facts.
The Solieltor-General Then yon, I suppose, substracted
one front twelve and there remained eleven unanswered ?
—Witness : That is so, as a mathematical operation.
,Laughter).
Re-examined The reason why the sisters were not called
In answer to the counter charges was that it would have
torn a violation of the order of procedure to have called
them.
I 'anon Walker's report was put in and read, and was to this
effect :—" I sin of oninion that the charges against the
accused have been abundantly proved, but she made some
important explanations which, it true, may he justly deemed
to hive modified some of the complaints made against lier,
I find it, however, impossible to resist the concurrent
testimimy of such deponents, and I place much reliance
in the hesitating, varying, and untlemsige replies of the
accused."
Father Porter, examined by Mr Charles Russell said: I sin
. . . . .

not empowered to call them ?
Witness No ; they were not on the trfal. It could not be
Oil account of tilt. number of the witnesses, their credibility
and rcspectabillty.
'I hen what was the use of the investigation 4—To verify
what she had to say to the charges, which were clear and
distinct. I was perfectly satisfied with the number and
respectability of the witnesses, and it was hardly supposed
they could have united to state anything but the truth. I
left it quite open and free, if the commissionere thought it
prudent and the witness.ol consented to be produced. The
charges sere lint to be considered in the plaintiff's absence.
I thought nothing about it, in fact. There would have been
no commission but Lie the interference of Father Mathews
I had before decided that I Mast remove the plaintiff if her
(hellos did not remove her. I was glad to fall back On the
conuniaaion.
You told her o the faculties • why did you not mention
to her the commission ?—1 cannot answer it. I am not pre-
pared to place my rrellcclin of the conversation between
myself and Father Mathews against his statement upon
oath. My memory since my illness is very bail I will not
go further than that. I do not reineMner it. The same
objection did not apply to the same extent to Father Porter
that applied to Father Cullimore being on the commission,
the latter being the regular confessor at Clifford ; the other
had only been the occasional confessor, but the director of
the retreats. Father Porter was put on as the friend of the
convent, as friends of the plaintiff had been removed. I slid
nor Mention to Father Mathews about the medal. The
papers now in court are those that were cent to the com-
missioners I Ind not consider any charge against morality
had hem. made against her. It never entered my head.
The Solicitor-Ueneral: Did not the matter of the medal
strike you as something extraordinary?
'Witness : I all Jong thought her mind was not soite right,
and I attribute it to that. You are aware there is a disease
called kleptomania, and my impression was that that covered
a grest many things. I thought her not quite sound in her
mind. I 411t1 not consider it a moral fault.
If not responsible was it not hard to treat her as having
committed hreachea of poverty 4--I put the most charitable

a member of tho's -Order of Jesus. I conducted the retreat at
Hull, in 1861. A retreat is a period of occlusion in which
religious people or others withdraw from the world more or
less conniletely and devote themselves to prayer, self-exami-
nation, and to reading ascetica works. The time is spent
more or less in silence. The director of the retreat meets the
nuns in the chapel, and he each day gives them an instruc-
tion in some virtue, or some duty of religious life. He
receives ordinarily the confessions of those in the retreat,
and should be accessible to them for advice out of the con-
fessional if desired. This retreat lasted eight days. I
directed the retreat of 1861 in December, which lasted three
days, and again in August, 1662, which lasted eight days. i
" Precognose" does nut deacrib the nature of om colorer-
sation.
The Solicitor General I said at the time it was a Scotch i
tern], which I did not precisely know the meaning of.—
Witness The nature of Die conversation was to tell me what
I knew in 4ittline, the seri.* of events which had occurred
from August, 1862, to December, 1.465. The day before the
commission met I went to the convent, but nothing passed
upon the subject. When she and Father Mathews With-
drew, tile COMO-link/II conferred together and expressed
themselves satisfied that the charges were substantially
proved. I was in conversation with the defendant at the
convent before the commission sat about an hour and a half.
The whole id the time was not occupied in conversation about
Miss Sarnia.
The Solicitor General Von will excuse me, but I think
you were precognuoed daughter;.
The Lord Chief Justice That all depends upon the
meaning you give the word.
Witness: I have known an instance where a superior
through ignorance took a prrjudice against a nun, and on
this sister 'a application to the bishop she was transferred to
another community. I have known a bishop reprove a
superior for similar conduct. These cases are very rare. I
heard the bishop express his opinion that she suffered from
kleptomania. At the end of the commission I was very much
drawn to the conclusion that both Intellectually and morally
her mind was warped.
The (.coil Chief Justice What becomes of arson when she

constructions I could tuilin lid actions, in order if possible to I
account for her conduct.
Then she was either guilty or not I—. God only knows that,
1 did not cause an inquiry into the state of her mind.
Then she was to be turned out of the order, rightly or
wrongly?
His lordship did not answer.
The Solicitor-General: Had you ever contemplated her
wish to return to the world
Witness I don't know. I refused copies of the, paper to
the plaintiff under the advice of counsel, but I gave them to
the defendant. I thought it fair.
Father Golding, secretary to the bishop, produced the
documents used at the contmission. A short history of the
case, giving the bishop's view I -f it up to that time, had been
prepared. Three out of the five commissioners were ignorant
for what they had been summoned to Hull, and I had to
re:id the papers, the history of the case, and the analysis of
the charges to tome before Father Mathews was admitted.
After that Father Mathews was ailinitted, and a short
. . . ,

is ^l4lli.c.ted with loss of reason?—Witness There are insti-
tutions in different parts of Europe where only religions per-
sons are received. 'there ie one in Ireland, and I believe
there is one shortly to be established near London.
The yord Chief Justice : flow are these established orders
constituted I
Witness There is a special constitut ion for each order.
The Sollcitor-General : 1 intend to put my case upon the
words of the rule of this institution. 1 shall contend they
are sufficient for my purpose.
Mr, Mellish said he should call no other members of the
commission, but read their opinions.
The Lord Chief Justice said lie thought, under the circum-
stances, that Dr. O'llanlan should be called
Dr. O'llanlan was put into the box, and Mr. Mellish having
read his report, he was cross-exandued by the Solicitor-
General. Ile said I am librarian of Maynooth, and lam
also prefect of the Dunhoyne establishment. I never heard
of some of the peuances--such, for instance, as the wearing
the wet duster. I came with Father Mathews from Dublin
. . . .

history of the case was again read, together with the deposit- I to Hull, but we had very little talk about the case during
Dons (eight out of the twelve), that were to be read, and i our journey. I don't recollect that he particularised any of
three letters. Before the introduction of Slater Scholastics ; the charges. When the bishop's imtructions were read I
Father Mathews complained that his niece had not had time
to prepare herself for the commisaion and in order to show .
I recollect distinctly that Father Mathews complained that
the bishop had violated his promise that the nuns shs uld be
him that the commissioners were acting rightly the order of
was read to him, and on the result they proceeded I examined. Ile was told that could not he done, as it would
proceeding ' exceed the bishop'. instructions. I have a recollection that
with the Inquiry no directed. Sister Scholastiea was then 'he wished to call Mrs brimstone. Father Mathews some-
sent for, and as she entered the room the president rose , times came to Mies Saurin's assietance and explained
and met her, and conducted her to a seat near her uncle, ; matters for her. She was interrogated by the commis-
where she remained the whole of the day. Before toe be ' sioners. I never saw her until the day of the inquiry. I
quiry commenced the president spoke to her in a kind and i have no recollectien of any interruptions, properly so speak-
considerate manner, arid bade her to answer aithau, fearer thg, She showed at my request her stockings. I never
constraint. I then read the summary of the charges, but before saw anything no bad. I could not tell what they
before that she was told she would be at liberty to reply in . were.
detail to every item of the charges. I paused after reading . Tee Solicitor-General : Were these unreassnably bad?—
each item, and when she remeinnered the charge it was not witness: I never saw the stockings of any meter of mercy
necessary to refer to the depositions; Ind when she did not , before or since Toed laughter;.
recollect them, or deitiesi them, I referred to the deposi- i lie Lord Chief Justice : You must not ask him as an
tions and read it to her with great clearness. I took notes ; expert;
of her answers in order to lie able to draw up the report for ; witness : The stockings were not It furs human being to
the bishop. I took them in every inetaiiee es well as . wear. She said those at the w.h were worse. Somebody
• the time permitted. Father Mathews spoke very frequently ! s
both to the president, poke about sending fir them, bet we decided we had had
during the while of the proceedings,
to Miss sauriu, and to myself, and he frequently asked that ; enough of the stockings laughter). The rest of the dress
; woe tolerably good. She asked to have the dress she was
the dep.itions might be referred to in orster to obtain 1 01l I wearing Mt.° the commissimi; but it was not done. I was
evidence. All his requests were acceded to. At times greatly surprised at the emiluess with which the bishop's
charges against the other sisters incidentally arose from her secretary stated on Saturday that I said that we were all
answers. They were net prevented or stopped from speak. against his having any report about time in his possession.
Mg during the inquiry, or giving any explartations They I think Father hurter rather severely denied that Mies
were entirely made the first slay by Sister Scholastica, aided Saurin had held office, but that statement was untrue. She
by Father Mathews—he again and again canto to the rescue, I had been ref eetorium and infirmarium. Twelve depositions
and mit her confused answers into intelligible form. The I were read, so far as I coeld judge. I understood we were
first half-hour of the second day was siceupiml in considering ; called together to hear the depositions and Miss Samin'e
lather alethewe's application that the four riepositions no ; explanations. Had I known that was all I would not
named in the written instructions should be named, but : have cotne, as it was a useless ceremony for her expulsion.
which his lordship said might be if required. That wire done in Re-r imminent by Mr. Mellien: I object to the right of the
Fattier Mathews's preseece, and then Sister Scholastics bishop to remo ive n this instance became Miss Saurin had
came into the room, and sat by her uncle the whole i not a copy of the depositions, and also because evidence was
of the slay. The same course of proceeding was adopted ' red taken sin siath. The bishop cannot Inflict penalt,es for
as on the first day, and her replies to the charges were eevere crimes, unless they are juridically proved. A bishop
taken hy Me in brief notes. She had full opportuoity cannot intlict arty of the severer penalties of the law unless
of answering all the charges. No check whatever was tile parties accused are juridically convicted. It applicu to
placed woo her Before the commission retired Father the laity, the clergy, and the tunes. For such a case as this ,
Stallion, complainesl that the letters from Mrs. Starr to Ms roulette wee to removaher to iumtlafir convent witkin his
platntlfffs mother complimentary of sew, gamin had not diocese. The bishop of his own authority Carirint expel.
twee put in ; I replied that the bishop had not supffited The proper remedy here was te have appealed to the arch.
titers. Ile conplamed that his niece hail not received hishe--p ;
and, from him to the lope. The admitkistrakion of
tile same food as the other sisters ; toot her clothing had an iiatli under the commission being illegal in England, there
been insuftlUent and poor; and that she 1.1 been kept in siesehl have been a solemn declaration. The canon law re-
silence for,three years. He was told that that hail refer- glares a conviction on the sworn evidence of the witnesses
mice to the general state of the convent, and mit to the parti- . except in the case of America.
car charges before the return inhalers, and that consiaMently Wane.: The bishop had no power under the circuna-
they could not lie cutertaiileil. The discussion took place In stances to expel. This was an wijust expulsion.
his presence Ile and ribter Scliti,astica left the room, arid The Lord chief Justice ilf he had no power to expel, the
a disensaion took Once between tl:c commissioners. Th : expulsimi would be a dead letter.
president reminded the commiesioners it aas their dirty to tVitnese : I think the decision of the bishop null and of no
confer upon what they hail he.kril, arid that in would be effect. I objected to the nmis being confronted with Miss
necessary for each of them to state his spinions sod his Merin on the ground that It was beyond the bishop's in-
"'wee. je "e'ldr to ".'ertain he' eeeq "ere "f eFiei"" the structions. I knew the litstiop's object was to expel her if
cliarges were proved and now loony considered they were Dv. charges were proved. Taking the children's food
n. it. Dc. 011atiloa was the first to leak, and I distinctly Ii ibitnally would not warrant her dismissal, unless it was
, remember Ike sail, .. Mr. President, 1 sitiesi.c we al, :11l or ~;,:a , grievous character as ta cause scandal.
agreesl, "arch on being ashel which way. lie sai i " An.,,cil tim Lord I hid .Ikistice: 1) i you not consider it t!,uft 9
that the charges at 3 proved, " and after hint the others Witnesa i Yes : but snit ssrious theft.
L expressed the saw( opinion. The order of pcocedure was The Lord Chief Justice: Not depriving children of their
; referred to, to disccver what should be done. A diecussiam smitonance/—Wittiess : Yes, If a great injury to the children.
• arose which continued some time, whether the counter- Tee. Is no case for expulsion ex.pt when grevious sin has
. charge made by Sister Scholastica and Father Mettiew's been committed affecting the community. Such, for instance,
l charges should be entertained •as the taking Ins. might not he a grevious sin.
By the Lord Chief I istiee if do not remember that she 1 Tee fsrd Chief mistier: Does the greviousness of the sin
was stopped In making the counter-charges ' dowsed on the amountl—Wituess: Yes.
Witness : It was finally determined that the commissioners
I'lle Lord Chief Justice : Suppsise you take the last 185.
would not be exceeding titer instructions if they allowesl :
m . sit haa?—Wituess : Then )uu bring in a serious case.
Father Mathews to put to Sister Scholastom questions from
lake a needle from a tailor, and keep him idle for
what had already transpired, so as to give her further
a fortnight you then commit a grievous sin loud laugh-
opportunity of explaining what had been charged sgainst
ter,. You must connect the act with the circumstances.
her. At twenty minutes to four o'clock she and her uncle
were recalled. The letter from Father satirin has' been Mrs Collim d, was calle and prove I that Ire arid narend rwi:,_
read over three tittles previously, Father Mathews was with Mrs. kl'slivise, went on ml le tower te qu s i
told lie might put questions to her iu the manner l have de- ermined there &mut twenty minutes.
scribed. Further rffiestions teem then pullo her by Father After Mis I: elinerly and Sira. Starr had been recalled, the
Mathew eel the commissioners. She was spiestioneil ON evidence for the defence was concluded.
the matters of comffiaint she had made with reference to In answer to en.•stions frsim the Lord Chief Justice, the
the quality and quatitity of her loud, the character of the Stolle itor.General soil Ike had live or six witnesses to call for
clotlm. she had been allowed, the statement that she had time plaintiff on points of contradiction, when Miss Saurin
writteu a letter to her uncle under compulsion, and coin- was recall.' to rebut some of the statements made by the
plaints of the manner of the other sisters towards her—she witnesses for the defence, and the case Was afterwards
reduced the silence from three years to one year and a half ; adjourned.
the question of penances and that of wearing the duster 01,1 i
' her heel, and the statement that the sisters had men-'
pied seven hours in writing on New Years, y,
" es she , On Tuesday, which was the seventeenth day of the
hearing of this extraordinary case, the court Was
supposed with reference to time m commission. She also spoke
of the strippings, which she confined to two occasions, and crowded throughout the day, and the public began
of the treatment of her friends when they called at the to congregate around the building as early aa nine
convent • he never alluded in any way to Mrs. Starr having o'clock.
asked her the subject of her confessions other than ill re- :
nce to the table 81 s. te ver alluded
tw to Nies. Starr having
h the statements made by the defence hail been corn-
re l -
resm h After Miss Saurin's evidence in contradiction of
fere
ired er to state whatne had passed beeen her and er
If The main excuse that ran through the whole of ideterl, the several o,ilaren declared to have been ill-
her answers to the charge was that there hail been, until two
years before, no settled ride in the house. and that, OM- treated by Miss Saurin whilst she was connected with
the convent schools, and whose food was said to have
sequently, it was easy for the sisters to go wrong, and also
been taken from them, were placed in the witness-box,
that she had been put under the special and exceptional rule
only to herself. That she had three times as much wsirk as foundation for the charge.
with respect to the perferniance of certain deties applicable and each one in its turn denied that there was any
any thee sister. She made those statemetiM as billy as he Mr. Mellish, Q.C., then proceeded to address his
desires'. The commissioners conferred together, and dis- tonight', upon the legal bearings of the case, contend-
cussed whether the sisters :should be summoned tis give er- .
leg that upon but one of the counts was there really
pi:mations upon those points, and the result was that the
insuctions laid down by the bishop did not permit it. l'pon any question to leave to the jury, and at the rising of
tr
the counter-charges they still expreseed their unanimous the Court the case was again adjourned.
opinion after hearing her explanations that the charges 1 -
were proved The teport was drawn up by me, read
over, -.nil approved, and it and the opinion of the commis-
sioners were forwarded Po the bishop that uight. With that
the COHIMiSSIOD was closed
Ely the Lord Chief Justice: I do not recollect Father
Mathews or Sister Scholastic& applying to have any wit-
nesses called. ,The witness then read through the whole of
the notes he took dining tile sittings Id the commission).
The charge of speaking about courtship he said was the most
tinfounded of all the charges. She denied the majority of
charges and explained the others.
Cross.examined by the Solicitor-General: I do not re-
member that Father Mathews asked for M.. Starr's letter
expostulating with Father Porter, and that it Silollllll lit read.
Ido not think lie dist. Father Porter wits occasionally warm.
Ido not think Ile was abrupt. Ido not know if it was not
elicouraging to her ; Father Mathews meting with her
afforded her great encouragement. I had not a pile of papers
WI described by Miss Mamie—Father Mathews had no copy
of the charges. the did riot ask to have entre specffie infor-
mation on tee general statements. I &blot know t hat &message
was sent to Mrs. Start to supply more specific information
after Father Mathews had asked for it. She was asked for
a register of Miss Saurin's movements, and it was sepplietl.
We found it was not very clear without It from the depo-
sitions. She dint not ask for Mrs brimstone tin be coiled, or
that the clothes she Itail worn should he produced. She was
asked by the esiminissemers to thew what she complained
of in her stockings. The president asked her to walk into
the ntiiitile of the room and show them, and she pulled her
habit up to her uncles.
The Solicitor-General: And what dint you think of them?
Witness: They were certainly old stockings. They were
not ill rags or tatters. They were certainly not such as any
one would display. It is known that nuns are ni it particular
in their dress. I do suit recollect that Father Mathews
complained that calling nsi witnesses woos direct violation
of tne arrangement that had been come to between him and
the bishop. Ile made some complaint of that kind. The
commissioners in discussion pet Ii irward as the ground
of their agreement that as they had twelve witnesses
against one, the one had not, alter a day and a half's
labouring, disproved any of the charges, and they must be
taken as provost.
The further hearing of the case was then adjourned.

On Wednesday, the case was resumed, and after
Mr. Mellish had concluded his address to the
jury, the Solicitor-General rose to sum up the case for
the plaintiff, and at the rising of the Court an ad-
journment again took place.

On Monday the case WAS resumed, when the Rev. John
Walker (Canon Walker) deposed My tint connection with
the commission was getting the bishop's letter appointing
use the president. I received and forwarded letters to the
other commissioners asking their attendance. I led the
plaintiff to a chair at my right, with Father Mathews by her
side, and opposite Or o'llanlan. I told her to have AO fear
of the ease; we would make it as fair as we could, and that
she would meet with nothing but kindness from all parties.
I never heard lather Mathews say Mat the order of the
proceeding was a violation of what had passed between him
and the bishop.
' The Lord Chief Justice Was any application made by
Father Mathews to examine any witnesses Y—Witness I
Mail remember his doing,o. Ti•wards the WO he may have
complained of the hardship of his niece's position in the
witness not being called who had made the depositions : he
may have complained of not being able to call witnesses for
his niece, but that if it happened at all must have occurred
before we finally deliberated. There was a unanimous
opinion that the charges hail been substantially proved, and
above that there were circumstances, if the plaintiff was to
be believed, that would extenuate the complaints that had
been made against her. We discussed the counter-charges,
and considered what weight should be given to them.
Tin- Lord Chief Justice: Was she examined shout them 1--
itnesa n Oh, quite so to our oWLI satisfaction There was
I! e era Ity about the thimble, for instance, if the circum-
stance,. ere true.
Lord Chief Justice: The " if' makes all the difference.
- Witness: she was not questioned niece about the counter-
_;,;:rges than when she made her other statements.
Crodi-examined by the solicitor-Cieneral.—l am rather
deaf. I hind a good opportunity of hearing what Miss Saurin
said before the commialion. I think I heard it substantially.
leant say heard every word. She was often called to order

vernment may have bad their own reasons for thinking
that the transaction had better not remain open for the
too curious investication of their successors. "it is to
be hoped," remarks the Pall Mall Gazette, "that the
question, trilling as it is in itself, will not be allowed
to rest here. A strict and impartial inquiry into the
newspaper patronage of the late Government would,
if all tales be true, produce some rather astonishing
results."

lWe notice that in the Mouse of Commons, on Tuesday even-
ing, Mr. ilardcastle asked the First Lord of the Admiralty
whether it was true that the Admiralty just before the general
election subscribed for a large number of copies at a weekly
periodical called the Will-&-the-Wisp; whether the subscrip-
tion to that paper had been discontinued since the present
hoard of Admiralty took office ; and on what ground the sub-
scription was made and discontinued
Mr Childers mad, in reply to his hon. friend, he had to
state that on the Mth of October the officer who advised the
Admiralty on matters connected with periodicals, recom-
niendet that the usual number should be subscribed for in
the ease of two perlodieals—Judy and Will-o'the-Wisp laugh-
ter —and 96 copies of those papers were ordered.
the lath of December the 501110 officer reconiniendwi that
the subscription to the Will o'-the-Wisp be discontinued
(loud laughter). The present board took office about a
week or tell days after, and the first he heard of the perio-
dical was that hie attention was milled to an article in
that payer which had 1,0011 written against him personally
laughter:. Why they were subscribed for was that they
were very likely to exercise a very beneficial influence over the
' crews of her Majesty's ships iloud laughter). Ue would
, rather not state the reasons why the subscription was dis-
continued ;renewed laughter)