The Express.
London, England, 1852-06-22 00:00:00

EXTRAORDINARY TRIAL.

COURT OF QUEEN'S BENCH.—ThrrazDAT.

Leap Caurseu.

amps. AT Nma W 1
Srlcto. IVSI.
THE QUEEN v. NEWMAN.
CRIMINAL INFONMATION.

This was a criminal information Bled by Dr. Oiacinto
Achilli against John Henry Newman, D. 1)., a Homan
catholic priest. The information charged the defendant ,
*i•ls composing and pnblishing a libel on the laid Oiaeinto
The defendant pleaded fint, not guilty, upon
wltich i.ue was joined ; secondly, he pleaded certain alto-
of fact, and said that the libel woo true in substance, ;
and that its publication was for the public benefit. To this ;
the pros•cutor replied that the defendant had published it
in ids ow* wrong and without the alleged cause. Upon this
plea issue was also joined.
The Attorney Ocneral. the Sorel:or-General, and Mr. '
Ellis, app-ared in support of the prosecution ; and Si:. A
E. Cockburn, Mr. S.rjeant Wilkins, Mr. Bramwell, Q.C.,
Mr. Addison, and Mr. Baddcley, fur the defendant.
Mt. Ellis Ravin; opened the pleadings,
'Cho Attoraey-Ueneral stated the case to the jury.
A Bowmen• of his speech was given in yesterday's
; upon its coachision,
Mr. Serjeant Wilkins applied to have the &pitmen&
ordered out of toilet.
The Atturney•Uencral said it would be a great inconveni-
ence to the prosecution if Dr. Achilli were obliged to with-
draw.
Mr. Serjeant Wilkins could not consent to his remaining
in coati. of the other witnesses were ordered to retire.
A Juror said it seemed to he very hard on Dr. Achilli
to he permitted to remain in court, and instruct his
colesel.
L-ril Campbell said this was a prosecution by the crown,
and he was afraid that Dr. as a witness, must
wi,h.lr ivr.
:1, i.lesseson bath side* then left the court.

Sir A F. Cockburn then addressed the jury on behalf of
the eletemlant. When he considered that thus was a qui,-
lion Inv dying religions eantroversy, he felt sensible that
it would be difficult to obtain for his client that Lair and
calm townelcration which would be necessary to the ends of
justice. It was difficult whete class interests, still
more where relielar. feeling.. were involved, to divest
the mind el the influences which might bias the judgment.
It bail been reserved for our day to see the flame of religi-
ous controversy once more kindled; they had before them
two great champions of the contending parties; they ware
notedly prone to look with favour on the champion of their
religious tenets ; and were liable to regard each his oppon-
ent as a deserter end an apostate. They had before them
two men who had abandoned the faith in which they had
been elbrated- between them was this issue sod contest;
anal on b half of the one he had to address ajory, alt of
events were of opposite religious views to those of his claret.
But he h It confident that they would act with impartiality
and juste; in the discharge of their duty ; and lie rolled
upon them by all that was sacred to guard themselves
maisinst prejudice. or passion interfering with their calm and
deliberate jud‘ment. Dr. Newman had no personal spite
or prisate reason for attacking Dr. Achilli. Why then did
he :ate ek him ? Because it was stated he came forward to
lead rap to odium the practices sad doctrines of the
Roman catholic faith ; and it had been thought
a awry. as his learned framed had said, to put
him to open shame. That was the way in which
the case Lad Leen put by the prosecutor. The Attorney-
General must know, however, that every one of these
charges hail been puhlisbeel for fifteen months Frer to the
statement of Dr. Newman, with far more particularity of
time and place. Details were given which would enable
Pr. Achill' to disprove the charges; but he bad allowed
them to exist for fifteen months uneontradieted. Ile did
not mean to say that would he an answer, in point of law,
to this charge against Dr. Newman, bat in fairness to him
the fact should bar, been stated. Now, what were the real
ma'am which influenced Dr. Newman in making this
attat k De. Achilli's language against the thumb he hail
lett was of the strongest character; he not only denounced
the Roman estlao'ie religion but the corrupt practices of its
clergy. In 1811 he addressed Pope Gregory, who had been
hi- benefactor, in most harsh and inconsiderate Language ;
said thrnaahout his works ho dwelt on the unmentionable
crimes and hideous abominations of the Roman catholic
c'ergy ; from the Popo on his throne to the lowest of
Ins priests lic.ntiousnets and crime of every kind were
charged against them. If these statements wets true
they ouslat to be proved ; when such charges had been ful-
minated against the Roman catholic church for years, was
there one of the jury who would say that it was not the
duty of persons protesaing that faith to test their truth ?
Dr. Newman had become a convert to the Roman catholic
reVrtioo, and he found Dr. Achilli, *convert from that reli-
gion to roUstantisin, making these general and vague
charges of every de., ription--charges which assumed an
Lupo:term, from his stating that he was not only the
arcuser, but the witness. And the question which would
suggest itself to Dr. Newman's mind was, whether Dr.
Achilli was a person to be relied on—who is the witness—
whence conies he—what we his antecedents—what arc his
motives? These were questions which would naturally
present themselves to Dr. Newman. Dr. Achilli denounced
the Room hierarchy and the clergy as guilty of hideous
impurities rand abominations, and stated that, with great
',wrest, and the prospect of rising to tho highest
position in that church, he had abandoned all from
a sense of the evils and iniquities of the Roman
religion, and the 'ample and pure worship of protestentism.
It was meet important to see whether the evidence of Dr
Achilli was worthy of credit, anal if it was found, instead of
having quitted the church of Rome, he had been expelled
from it—and if that had been in consequent,' of his own
confession of erimes disgraceful to a man filling an °See in
the Christian ministry—was it not the duty of say man
who valued the catholic religion to expose lass eandset to
the world? Why, as early as June, 1850, in the Dublin
Berier, all these statements were published, giving details
of time and palace—stating that records and documents
would be produced. La well as living testimony, to prove
the truth of the charges. Dr. Achalli contested himself
with a general denial of these charges in his book entitled,
Dealings with the Inquisition, whisk be eons time
afterwards published, and which charges he stated
bad been made by Cardinal Wiseman. Dr. New-
man certainly did subsequently reiterate those
charges ; he was legally responsible for doing so;
anal the question now was whether he could prove
them. Up to One time he (the learned counsel) had
beta endeavouring to show the motives of Dr. Achilli—
be would now apply himself to the question of
justification ; and he wan enabled to say, after the fullest
investigation, that the defendant believed he could prove
the troth of all the charges which he had mode. Dr.
Achilli was possessed of the amplest means of disproving
these charges, and he should have thought that Ins peat
anxiety would have been to rush at onoe to the vitiates boo.
sad, with all the details in his hand, disprove thews. But
no—his learned friends would wait to see if the defendant
could prove his ease, and if, by the rejection of documentary
evidence or otherwise, they could obtain a verdict.
Lord Campbell hoped he might be permitted to say, with-
out appearino to interfere with the ends of jostle*, that the
proper course seemed to be first to bring forward proof
of the accusations made, and then to hear the answer to
them.

The AttorneyDeneral said he would pledge himself to
produce Dr. Achilll.
Sir A. Cockburn said he would bow to his lordship's
d. vision. The learned counsel proceeded to give an outline
of the early career of Dr. Aehilli, as stated In the affi-
davit he fi!ed when the criminal information was
applied for; end he then went on to state the
vinous eh irgm in the libel. The first accusation
against Dr. Aehilli was that be had robbed of her
virtue and character a young woman of 11l at Viterbo. lie
would mill her before the Jury and prove the fact. There
were three other similar charges and he should lasts hare
Lad the opportunity of examining Dr. Aehilli on these mat-
ters before be knew the amount of evidence which the de-

iena,;al;rowl4liiiaiier7.nratop;r;Vetivexa:iiatie hadl
the ennfessions of Dr. Aehilli—he had been tried for them
alfincoa, found frailty, and imprisoned. He was deprived I
of hie facility to lecture at Viterbo, and proceeded to
Itorne, when he had great friends, and the matter was
huaherl sp. In Orval a year afterwards he went to Cavils,
and prod his time between Capua and Naples. He should
show by his own eonfesaiost that he admitted two caws I
of imontineney at Capes • and he had the woman
tiler° whom, under 15 lean of age, he had debauched in a
room in a convent at Naples. She reused to be with child
by him, and compensation had to be made. She was mar-
ried now. end her mother had accompanied her to this
country. The jury would bear her evidence, and say
whether they thought it vi ho true er not. But all them
charges had been made tunf agq, and were well
knows to Dr. Aehilli. In the year 1139 Dr. Achilli
separated himself from the DOMIIIICaII order, and went on ,
preaching at Capita; but such wan the scandal prodead by
wine acts, which were not of an ordinary deseription, as ,
th.,y were accompanied with seduction end violation—such ,
was the winds), that be was tried before his supetior, and
a. "reseed ta three years" suspension, and seclusion in one
of tie mere rieirt convents. Ile ion eubeelu, oily demanded
by tho Inquisition, and sentenced by that court to perpetual
rlo,riratum of all ecclesiastical fuseti ,ns, and eosslemned to
t• tee ye..rs' rigorous seclusion in one of the convents of the
Dominican onto r. Ile retired to NilJfe, when the convent
was situate; and he spoke, forsooth, in his book, of 104 nsly
g •:neg there "to arrange his private strain." He lett
N e an. and west to Ancona, where he found a genticman
wy.i a paseport, of which he usuied himself to get to Corfu,
fa the &minims. of this country. There he ri flounced the
R arm catholic church, and preached in n protestant
chapel While at Curio, however, be got into smother
serape of a serioas nature. A laird bad been separated
from his wife; isod suspecting, her continency, be watched
her, sad PAW a person one nigh', not in the drtai of a
Ptt,tes eater her house. He seized the man, and found
1121 to be Dr. Achiali. l'reeserling. were instituted against
Dr. Aehilli, but the matter was c •nipt erui-cd. The deli.t.
dot had had the man in this country I ,r some time but lie
had persisted in returning to Cori.. Ile lad, however, a
man will was present at the time when Dr. Aehilei was
ee aed in the woman's house. Dr. Achille then proceeded
to haat', and thee, took into her suite a chorus .iuger ant
be. wife, who was a woman of 114fG/Pll.lely had charaeter.
At haste hr roil, avourel to establish a II ,rmcd protestant
Italian church. A Mr. Reynolds, in the cer.t,,ms, become a
suisenher, awl intluenrcd the Colonel
Estes, to 'mist nt.e in the same el n. et. They collected a
eesseldershle subscription and estabihlied a church. Mr.
It. violet* bocw the woman, and was seririeed to find tint
alts waa engaged by Dr. Achilli as the pewopener, and her
husband as the clerk of the church. Ile remonstrated
with Dr. Aehilli, but he said the woman had become a
second Iliegdalene. His house, however, was oppos.te to that

of Dr. Aehilli, and one day he saw that 'godsons, in •
lessee dee. a, in a ugly ambiguous position with this woman.
Whenever they were afterward. seen together there was an
amount of familiarity exhilideil ; and it was found neces-
sary to draw down toe blind. of the neighbouring houses to
prevent respectable ft males being sfandn,ised. DrAehilli also
walled publicly with the WOMIU elan in arm; end, refusing
' to get rid of her, the church was closed, and he left Zante.
Ile then went to Malts, and came from thence to this
country. where he wan engaged as • theological teacher in
a college at Milts, by a wet, ty at the bend of which" was
the Earl of Shaftesburv. There were two other priests at
the college, who had seceded from the Homan catholic
reli-
giun. An Armenian priest, named Ciotti, was also engaged
at the same college. Chirps were made to the Impellers
of the estubliahment of incentinence against the two first-
, named priests, with the connivance of Dr. Achilli. An
hivestigatiou took place, at which the charges were not
proved ; but another day was appointed for the resumption
of the inquiry. Relate that day arrived, however, Dr.
Aehilli ant one of the potties. charged, called eircares,
away to distribute bibles in Sicily ; in consequence of which
i the inquiry cloth: not proceed, and there was evident corn
plicity eta the part of Dr. Achilli. The matter was subse-
quently brought before the board in London, of which the
Earls ul Sh a:et:bury and Waldo grave were niemhers' and
they thought it their duty to dismiss him from his othce in
the college at 11l ,its. He then came to England, but
proceeded to Rome in 1649, where he married •
young English lady, and returned again to England.l
No sooner had he arrived than he attempt, il„ to
seduce a servant named Darr'., who brought him his
hot water in the morning at his lodgings. Ile did not suc-
ceed with leer ; but he afterwards took a house in Shaftes-
bury-terrace, Pimlico, where he had connexion with a
woman called Jane Legg, who became with child by him.
She admitted that she had also had connexion with another
person—a friend el Dr. Achilli s. Dr. Achill was called on 11
to provide for the child, and did not deny Ow Met that he
hail accomplished his purpose upon the woman in question.
There wen then two other women with whom he endea-
voured to hove illicit intercourse, one of whom he suc-
ceeded in inducing to yield to his desire. Her name was
Wood, and he should produce her to the jury. The other
woman resisted his importunitii s. These more recent cir-
cumstances would, in some measure, give an insight into
. his earlier career, awl show that his lust was insatiable. If
these facts were proved to the satisfaction of the jury, was
I not Dr. Newman justified in exposing this man to the world
a. a licentious hypocrite ? and vindicating the Roman
catholic church from the foul aspersions which had been
cast upon it ? This was the sch• object of Dr. New.
man ; and he had uo personal animosity @gable
Dr. Achilli. But he felt himself bound to ascer-
tain his true character, and see whether it justi-
fied any reliance being placed upon his statements.
The cause of truth demanded that dust- charges should be
investigated—they had long since been made against Dr.
Aehilli—and he believed he should be able to make out
and substantiate them to the satisfaction of the jury. lie
entreated them calmly and deliberately, without religious
prejudice, to weigh the evidence which would be brought
More them. 1i the charges made against Dr. Achilli could
not be proved. Dr. Newman would he the last man to
shrink Iron the *seagull*, ; but if they were substan-
tiated, they would show DrAchilli to be an impustor who, for
the well-being of religion and the public, deserved to he
held up to the contempt and indignation of mankind.
Eleanor tliuistini, examined by Ht. Bramwell— I am forty
years of age. I am married ; my husband is called Vire
centio Guistini. I was marred about two years ago. My
maiden name was Valenti. las now living in Viterbo. 1
have lived there from my birth. I know the Dominican
convent thee,. I knew a person called Achilli at Viterbo ;
he was a monk of that convent. I have been in that con-
vent. I went there when he called me ; I mean Dr.
This was about twenty-three years ago ; it may be
a little mon or lea.. I was then about seventeen or
eighteen years of age. I saw Dr. Achilli at the
convent when I went there: he deflowered me. I was
a virgin at that time. I was in the sacristy at
the time. I had been alone with Achilli before that time. I
was in service at that time with Signora Gentili. Achilli
was an acquaintance of hers. It was a country house, and
he had been • visitor there for • month; it was about the
month of October. Ile bad used familiarities with me
before. I had walked out with him aka,. Ho invited me
to walk with him. Ile sent one of the convent to me to
come to him when I went there. It is the custom to give
presents in Italy to servants, and he sent for me for that
purpose. That was the only occasion as which I had cri-
minal intercourse with him. I consented to what took
place. I was there alone, and obliged to consent. Ile
commenced insulting me when I was at the country house,
that was the beginning. The first time waist the convent,
and it continued sometimes after in the convent, and twice
besides in a house. He said there was no sin in it. I told
him that there was hell in it. Ile said, not at all, otherwise
hell would be quite full. (Much laughter.)
Crosrexamiued by the Attorney-General-1 arrived in
this country on Thursday last. On the 23rd of this month
it will be sin menthe since I left Viterbo. I have been liv-
ing at Paris, Dover, and some other place between Dover
end London. A lady came with me from Viterbo, Madame
Rseiui Diberna. My husband also came with me. I lived
in Paris three months. I think I came to Dover in May.
I lived near the tea at Dover; the lady who was
with me knows all about it. I do not believe
there were any other witnesses in this cause; in
l'aris there were, and so there were in Dover.
Two of the witnesses accompanied me from Paris. A law-
Er gave me instructions to leave Viterbo and come to
ngland. 1 don't know bis name. I saw my priest before
I came. Ile told me I ought to come here. His name is
DonJOAffe Itiuuaggi. I told the priests I was coming
here ; and moreover, 1 told them whet happened to me, and
they told me what happened to them. (Laughter.) I
have sees other witnesses besides those I have mentioned in
Ledge, but not in Paris or Dover. I have seen Mr. Rey-
sable here. I have not spoken to any Roman catholic
=dela I have been in London. I had known Dr.
a nee* before I went to the convent. lie was
thee WWI Padre Achilli. He went to spend a month with
Sigeara Gentili. I was the only servant there. There
were two other men in the house. I took a walk with
Father Achilli five or six days after he came there. lie
then solicited my chastity. Ile carried me to show me •
chase—a shooting place. There was no shooting. There
were people of the family there. Two members of the fa
mily were then shooting there. Ile took me to • baton
the way. There was no one in the hut, but a shepherd
was posing with his sheep. It was there that he solicited
my chastity. I absolutely denied him. I considered it at
that time to be • an. I returned home in his company.
I did set say anything to Madams Gentili, but I told it to
ay *mime& was not a Dominican, but the curate of
fps parldt. I did not walk in the country with blot again.
Reales more solicited my chastity, in the very house of
the lady. He told me not to go to bed,
hist to wait fat him at night, and he would come to see me,
beams he was to get by heart a panegyric in praise of St.
PAY. wi ich was to be repeated a few days afterwards.
(laughter) Ile came to my bed-room door, end knocked
really. The dour was locked. I did not say anything the
neat day, but I showed myself disturbed, and said I would
leave the piece. I did not give any reason for leaving the
ease s. I had only taken it for a month. I did not say
anythlng es say fat bir or mother. I went to the sacristy
is.ths convent, because it was more *mousiest for him to
bays me there. I went into the chapel, sad he beckoned to
lee tram the sacristy, which was nest the chapel. Ile took
tea isle another room. I was frightened. I did not lose
my moss. I cannot teU all, because so many years have
eloped, but all I know is he dishonoured me. I don't
know whether 1 cried, bat! remember I was in a perspira-
tion. He gave me a silk handkerchid which was older than
be was, and sent me away. I went bane, and the neat day
went to the same confessor to whom I had confessed before,
and he then told me, " I knew you were in the hands of a
rapacious wolf in ship's clothing." I did not say • word
to my mother, because the confessor prohibited my saying a
word to anybody about it, on account of Aehilli being an
ecclesiastic. Father Aehilli, having relations In Viterbo,
afterwards sent for re there, and I went. I felt I was
dishonoured, therefore I went. It is very well known that
a little affection spring. out of such an event as that. I
became so fond of him that I regretted very much his going
away from the place. I next saw him in the convent. I
afterwards es ent to another confessor and told him all. I did
not tell him who it was, but the custom is to mention
the sin but not the sinner. The first time he forced me—
be may have forced me—afterwards he used the caresses
MIMI with womtn. Beside the handkerchief, he gave me •
beaatiful present—three sausage. (Laughter.) I never
Mid my mother, or any one else, except nay contesters.
Once, to my great surprise some awe asked me "Is it
true that Father Achill' ha; deflowered you ?" It was a
called Selvatori Coeval, • chemist and druggist ; and
rirsln asked me the question • few months after it occurred.
rather Achilli may have remained in Viterbo two years
after I ceased to see him. I don't know how long he
was there. I first told my mother of it six months ago.
I said -I was coming on • trial, but I did not say then
that ho had deflowered me. No money has been given
to me; hut I have been found in every thing. I don't
know what they have rent. The lady who has been
living with us has found us in every thing. She is a Homan
catholic.
He-examined by Mr. Bramwell—l was first sent to by
my curios., who asked as if I had ever known 1)r. Achill'.
I asked why. He said, "Never mind—no matter." I
answer d again, " What is it for? is it for my own good
you ark ?" Ile said, "It is for the honour of thu holy
mother church—for the honour of God." I said, "if
heu will come in the confessional I will tell you; bat
re I will not." Ile said he could not come to the confer
sional, but I was to say it there and then without shame.
I then went to the vicar-general ; there was a Dominican
monk from Home and another monk of Viterbo them.
They toll me 1 must go to home, because I was called
[togo to thane. I went, and saw au Englishman there. I
made a statement heron the vicar, and was obliged to say
everything that lam now saying hero I have never seen
Dr. Aehilli since he left N aeries Ile never said to sae,
" filooti bye," or, " Go to the devil." I bare been in a eon-
soot of nuns for three years. I went to try whether the
Lord called me to it. Having found that I 111101 nu call, I
, lute away. I west by the strong advice of toy confessor,
mw there was saess danger of my becoming a dime-

putablc "roman.
Orotti. examined by Mr. Addiacts—l am a native of
Viterbo. I ant 32 'can of age. I was peril educated at
the Lyceum College, in Viterbo. I was a student there at
II 'ears old. Athali was a prof( toor of philosophy there,
■nd was in priest's ordir—hc:was a Dominican Donk. His
maw' character was very bud. I don't know why it
1,1411 n.. .

By the Court—llii reputation was bad.
By Mr. Addi.on--There were charges pending ROIMt
'wain the Bishop's Court. The vicar-general of the bishop
presides over the court. I have Leen his secretary. I wee
at Viterbo when Acidlli left it. He left suddenly. He
escaped from the college, and wee not found any more. All

THIS DAY, NOUN.
Cows et Mel. Swarth of Wind. &Me ri the W.ohtr

LW. throng —Overcast........
Breese. Overcast.
The returns from the following places did not reach this
aloe in time for publication yesterday; they therefore
indicate the state of the weather on Saturday morning at
nine o'clock.

Unsung,

Saar ...........

ii.l:
8.8. L
tt.e.
N.W.

Goals arane
C. 114

Oesitle Braise
Otmt4 Irene
Gentle dream

Cloudy
Partially Milady
Paella, Mud,
Over.clpt

h;i111-1; Ciao-4y
Partially Coady

COURT Or ALDERMRS.—Yeaterday the court met for
the despatch of business, when Alderman Hooper informed
the members that in nominating Mr. (hissed and Mr.
Moore for the office of sheriffs of London and Middlesex he
had aeted upon erroneous information, those gentlemen
being exceedingly desirous of avoiding the honours of the
abrievalty. The alderman moved that the nomination he
removed from the minutes. Aldermen Thompson having
' seconded the motion, a long and &suitory discussion took
place. Sir Peter !Marie said the court having performed
no set, had nothing to undo. Alderman Wilson thought
the fitness of the nominees was everything to the court,
their consent nott ing. Men of position should be requiri d
, to serve, and thus prevent the office falling to a brace of
nameless and incompetent individuals manufartured into
bight', k officers by the unde rsheriffs. He would rather see the
matter settled by the tlllelbe of the royal prerogative than
have it become a speculation. Alderman Moon thought is
h gal !opinion was needs dby the court. Alderman }lnnis
and Alderman Challis would consent to the erasure of the
two names. Alderman Salomons : Alderman Sir J. Mus-
grove said when he was mayor lie nominated there persons
et be had a right to co, without first asking their leave.—
fitoreral 'members expressed doubt as to the legality of the
whole of the proceedings of the court, and a 'treat dial of
confusion and contrau:ction took place, during which a 1
number of members made their escape from the difficulty
I by leaving the court. Only eight members, beside thu
I Lord Wyse, were present when the question wee put, the
numberebeing equal, the Lord Mayor gave his vote for
maintaining the nomination.
MysTalious I)hATII OP A BAlLOR—Yesterday,
Mr. Baker held an inquest upon the body of Hart, the
Arilefillin asuman, whose death was reported yesterday,
under the above heading. No new facts, however, were
elicited. The surgeon who saw deceased before his death
was of opinion that he died from concussion of the brain,
caused by violence, which might have been the effect of a
blow or a fall. The nary in consequence returned an open
verdict