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

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 ?