The Express.
London, England, 1852-08-09 00:00:00

girl /leaser admitted that she had beer pnaished for re.
fusing to kneel in the middle of the drew. It was admitted
that one of the ponisluseme made mead' was to ceder the
shildren to stoup down and kiss the tsar; and he asked
the jury whether it was at all unlikely, under these
eireemitalices, that the plaictiff should have been ordered
to prostrate herself in the presence of 900 of the nun..
With regard to the motives that might have masted for this
ill-treatment of the plaintiff, he was afraid it might be
traced to • certain extent to her unhappy condition of body.
It was represented that she smelt offensively, and bliss
Leith herself admitted sho did not like ber, although she
gave no remain fur it, but merely that the plaistiff was a
girl who never inspired her with anyeoafielenee ; and he
was fearful that her miserable condition gave offence to
those about her, and the result was that she was neglected
and no care taken of ber. 1.7p0n the subject of going to
eonfessii and the statement that the plaintiff had refused
to go h..cease the priest wrote down what she said, it was
true that it had been stated that it was fate, but he was
afraid that this exposure was also made use of in another
sense as it was termed, and that the refusal of the plaintiff
to go to confession had given offence, mid that she was
psuished in consequence. If they really believed, as they
stated, that going to confession was • good thing, did the
jury doubt th .t they omitted an. means to male the child-
ren perform the duty, and that although they did not actu-
ally order them to go to it, yet that they took other means
to effect the same object equally efficacious. The at at
utb-
jeet for euuaideration was the confinement of the plaintiff in
the dark roust lie knew it had been said that this was
shwa by the doetor's orders ana fur the plaintiff's benefit, but
be inked the jury if this were really the case whether they
would hare confined this pour child in such • place fur
a period of four mouths, without letting her aunt, the
only ,relation she had in the world, know of the circum-
stance, ai..l ill .riling her an upportuuitv of going to visit
her, and whither • room eight teet long by four wide, in
which lilt wee. oinficed a portion of the time, was a proper
place, partieulaily when the doctor was proved to have
givin directions that she should be placed in a well venti-
lated r00..a. Ile now would refer to • matter which ho
thought had he. ri introduce d solely fur the purpose of
creating a prejudice; he alluded to the observations that had
been made with regard to the name of Dr. Achilli being
placed in the same sublicena with that of Cardinal Wiseman.
The fact was, that the defendants bad put every sort of
plea ugun the record, and it became absolutely necessary for ,
them to procure all the evidence they could to meet thole
pleas ; and as Dr. Achilli from his position was supposed to
bat posses...l of a great deal of information in connexion
with these establishments, it was thought that he might be
esabled to gist, important evidence upon the present in-
quiry, and his name was therefore pat into the subparna.
With regard to the absence of the aunt it was not felt that
her evidence wan very material, and it was supposed that
she 'coal! have come f rward to give evidence voluntarily
on behalf of her niece, but as she had not done so it was
not their fault. lie said he felt bound to give this exploits.
Wu, and is conclusion he asked the jury not to allow
any Tibet ins prejudices to interfere with their judg-
ment, but at the same time lie said he meat ask
of them out to allow themselves to ba deterred from doing
their duty hi any fear that the result they arrived at
should be 'scribed to prejudice of the description to which
he hail alluded.

The Chief Justice: then summed up. Ile said that, al-
though the had occupied a very counde fable time,and the
queues the jui y would leave eventually to decide was one
of • very painted character, he and every one else could not
but be sallied .t the manner in which the cue had been
conducted es both sides, and that those persons who had
crowded the court during the trial in the ezpectation of
having a vulgar curiosity gratified by the exhibition of any
bigotry or religious feeling bad been altogether disap-
pointed, as he was happy to say that the MC, which in it-
seri of au ordinary character, had been conducted as an
ordinary Cafe would he, without any improper or irrelevant
matter being introduced on either bide. Such a proceeding
was most satisfactory to the administration of justice, and
he was thankful to the counsel on both sides fur the man-
ner in which they had conducted the inquiry. Having
made these preliminary remarks, he would at once proceed
to call the attention of the jury to the facts of the case and
the nature of the question they were called upon to decide ;
end, in the outset, ho must inform them that, although •
good deal of evidence had been introduced with regard to the
general management of this establishment, yet the jary
must confine their attention solely to what took place after
the 23rd June, 15.51, when Medians de l'Espulasse, the
present deteudant, was appointed to superintend the esta-
blishment, and di ride solely upon the evidence as to what
took place after that periud, and they must dismal, from
their minds all that occurred before. A great deal of the
testimony that had been given referred to an antecedent
period, and amongst it was that point of the presentation of
the robe to Cerdival Wiseman; but the whole of this had
in reality nothing whatever to do with the question before
the jury. Ile must say, however, that he concurred entirely
in the observations that had been made by the learned cons-
eel who hail just addressed them with regard to the conduct
of Cardival in avoiding the service of • subparts.
He had had ire:cation in the course of the present circuit to
remark with some severity upon the conduct of a clergyman
who had improperly refused to allow a person under his
control to attend before a magistrate and give his evidence,
and the same measure of censure be gave that gentleman
he was i.f opinion Cardinal Wiseman deserved. No man
bad a right to ju lite or consider whether his evidence was
material in an inquiry or nut, but he was bound to obey
the law, seed submit to its process, and leave the court
and the jury to consider whether his evidence we.
mann,' or not. It might be that a person was
subeecuaed who knew nothing of the subject upon
which he was required to give evidence, but that did not
signify, it was his duty to attend in obedience to the law,
and not to evade it, rad he therefore thought that Cardinal
Wlltmaa die very wren to evading the service of the
subpoena. As to the abuses sf the aunt. he did not think
it amounted to anything, sad if both sides thew& die was
on
important witness, they mkt to have takes the peeper
steps to procure bet atteireey bet they bad net Mae so.
While he admitted that this ISM bad beam lab onimootil
on both sides, he must at the some time Mae ble opialsa
that the learned counsel for the pialseilf Imd in one Wawa
rather departed from that mane, earl lob endeavoured to
create • prejudice by alluding to am bloke whisk se-
• to his statement, had a teadenalM Mesh the ail of
diseresslng the troth. What kited of lseres the learned
counsel alluded to he wee at a for to balm; whether they
wets beaks of logis or not be was amble be say ,• he would
oely say that he lmil arse read such beak end he did not
believe the lamed enamel Mbar bail hail Mee to read
them, and it really had aeries telt the INC He
would, however, observe Or if were nay sash
adept. et dee:grams as the eemeel be the ~Chad M
tempted to maks them oat, It tenght sr to be hegettes that
the 11.1intiff herself had bees Maeda by them, sad bad
been under their charge, awl peed* might be as clever at
deception as themselves. TM may pekes =jamas hid
these ladies neglected their duty, la nee,
of this child. Them appeared ta be mime •rayeamy the
child which had sot been eleand ap. Whether the panes
who was represented as the sant was in reality the mare
did not appv ass, but, Sirs use the illegitimate child of the
breather of Dr. Get the Bishop of Gibraltar, that would
pre.bably account for the kind leullsg toter tined towards
her by Cardinal Wiormos. sad Ma *dm bee is this esta-
blishment. The leesemlladm fiber rad the attention of
the jury to the amuse of vie-aides,- sad sell red the plain-
tit would only be entitled le a scribe la dm neat of the
jury being eausfied that same load set death= had
been proved against the dadmaiMi. If theme Mil seemly
been tea innocent sot af ambles le de Met se4lit
by poeibiiity have beamberldal to the ia the
ceadition is which she watt pima, that w set be ea&
eient. He a ppreheaded then sesid be so doubt tbat the
unfurtunate.plaintiff was the saljeet of a met
dishmeleg
malady in a very aggravated *gm% and it
very probable that what mdgbaws+srate to thensesed=
advantage of other children have a contrary effect
upon her, but the defendants eat be liable for that.
If it had been disciaitiy suit oat that they did sat :allow
her to have sulkiest peel. sad dill they mired to give
her the thingsthei ware seimod by the illsetor, thee eadoubt-
edly the case mobil be digereed. sad the jury would judge
whether this had been made eat There appeared to
very great coalmine in the evidence of the plaintiff with
regard to the dates, but it was quits clear with regard to
se CifeIIOIYAACO, namely, the affair of the presents:Ma of
the rob to Cardinal Waimea, that she mast either be very
much mistaken or else have told a wilful falsehood, se it
could nut have takes place la Nmember, at the time the re-
presented. Upon the rigor of the feed, he word observe
that, although a person might rereashly are to the saw
elusion that soup of the mentiord was ant •
proper thing for a child's reek yet it. being Warier
was quite another question, tad the jury ought set eslose
sight of the evidence of the magma to the eraldisheseet,
who stated that derieg all the time he had had the charge
of them the children were particularly healthy, &M eat oho
of them had died; so that, at all events, the treatment of
the childrei. generally appeared to operate very well. With
regard to the dinner, the plaintiff represented that they had
meat only three time a week, but the evidence for the de-
fendants went to show that they had it five, but whatsoever
was the foe, he thought that, considering the position of
the parties, at could hardly be said that it was insufficient,
and lie was afraid that many poor persons were not able to
get meat even an often r three times • week. The li
learned judge neat referred to the discipline of the
convent, and said that the jury ought not to lose sight
of the fact that these partar were members of • re-
ligious severe la be Mies sad commodes. and that
the plastid and Ms metier ware both members of the
same religion, ead_gmthelly well eigneisted with its forma
sad ememealia. •Tho Ilmariptotet% Woe's ,r was had the
defeadests beediemedi tate itetsei to kayo mated to
give the p.al'AM Frame M Mee overworked bee, or
to have deprived Mr armee rest sod morreile at to have
jemmy. rly cuallasil bee. If they really did set dein to
do what they maid los the lora ej the Add, he meet con-
fess he was at a hen M knew why they swat, la the fir•
place, for their ewe mailed ease and Jeerwards for Mr.
Street. They had again to do with am saurian mom
than another. Ail they add do was tejadge of the ob-
jects and meeives of a pemilible awe ; sad he really
mall tat aadereeead what matins them ladies
meld base bid la Nadler the inletthem to Let the
gal cured. and, tikes.,,sos gm,non Whis estisi
amid
received by their verde* that, hoern galled la the limb. art
received his inserectines with =des the leatiment of
the Patient, tiny wilfully these
10„
I.llls
for the purpose or detesting the very elesse vii
11aalls
•
view. With reseadte the alleged Wirer,
in the trial dem mint after the =era were traila thejury would ressenhar that the rellement was
contradicted is this metleabe by the biles themeslves
ad by every ether Mum who had hem memiesd, sad
they would form their emu ossiodam Oda sorry was en-
titled to credit. .11e le the am et it had bees
In
ia tt total mot with Inaldt, sad lad tiotides .110 do with r pte=