The Sun.
London, England, 1855-06-25 00:00:00

BOYLE v. WISEMAN.

`TO TIIE EDITOR OE THE SITS.
before you
ell33it
SIR,—We shall feel deeply obliged if you will
ug, through yo-ir powerful medium, to plplacebefor_
the facts Six .in this proceeding. years siaca pr. Wisea
man ejected Mr. Boyle from the church at isliegrst
vithout any canonical offence being even alleged ee'e-1
him. Not content with this injury to his
avocations, and total deprivation of all meant' °f 111,1
lihood, he four years after attacked both his /Dorm,
and religious character in a series of charges i 2 tQ.
Unive).B, which were copied into many English carer'
When fully informed that his accusations were ue.ntrile'
then ow;
he refused to retract them, and Mr. Boyle was
hi, !trsi
pelled to vindicate all that was left to him,
and religious character, by an action at law. I_, ivtv73s
tried before the Chief aron, Sir F. Pollock, and ---„,t-r.
Boyle was nonsulted through the misdirection
soft,th .
judge, who committed a double error in the :t
proved by the ruling of the court. Mr. Boyle obtaie et
a new trial, and the second suit came on for hisrleghbea
fore Mr. Baron Platt in March last, at Kingston, w",e-
the jury found a verdict ler the plaintiff (Mr. Boyleii
damages 1,0001. In this second suit, through the nits-
take of Mr. Baron Platt, and not on the merits of tihr
eect
case, the unfortunate plaintiff has been sent to a th. r
trial in the seine suit. No language can be well strong
than that of Mr. Baron Platt, which is as follows, e.'
tracted from the shorthand writer's notes :
to'
the law of this country thatto the plaintiff
,It certainly appears to me be a ve.-y great reproach
has been t'S.
sailed by a libel, and to this moment be bas not bees
able to prove to the satisfaction of the court the pablicr
ton of it by the libeller. And I must say that I gr.eatjr.
regret that any mistake of mine—for I must take it la
granted lam mistaken—that any mistake amine sli°lle,,
have prevented the plaintiff on his second attempt
libelmerl.Y
to prove the publication by the defendant ocose t
for that purpose, and not on the merits of the the
ho should again have failed."
Now, sir, deeply as Sir F. Pollock and gr. Bstle:
Platt may regret their erroneous decisions, there is (;;;
unfortunate individual, the plaintiff, to whom, being
frustrated in two actions, and in each case not on ',,
merits, more than regret, total ruin ensues. rote 00.0_
has he been deprived of all remedy by the reisdiretii:
of two judges, but, for anything we can see to the c° ti,
trary, he may suffer by the entire fifteen, aid never ca .
he recover the expenses of the two previous trials, suPe
posing him successful in a third, so that the offender!bio
his purse will only afford it, can set at defiance in
/to,
case also the laws of England. We ask, if such 1,),! ot,
case, why is there no public prosecutor I Why 'wrings,
the judges either institute a remedy, or defray exPeco,
incurred by their mistake out of the private 1311;"t-
-either of the misdirecting lunge or a general amouov sun'
either
scribed amcng them all ? For the future any artioill%" .
damages given to the unfortunate plaintiff will l'e.fer
absorbed by the previous expenses in the two f°l..-11,.,48
suits, and it seems that each judge will charge the J .(11,
to throw out of their consideration the earlier procebvii,
ings. Now, sir, having taken up entirely on P: bo
grounds the case of Mr. Boyle, we ask, is any 13,4 the
allowed to avail himself in this improper mariner ..13 gr.
errors of our judges to perpetuate wrong ! A"
not Oa
Baron Platt has observed, Dr. Wiseman has t Europe
manliness to meet the evidence against him iil3
forward manner. No person in England or 121.061;2_
doubt*laat he is the author of the libel. kris covilsfie of
sel admit it, and can it be that a high ecclesi:.,eritai
the Roman Church shall dare thus to use the in I.°,_ uti,
error and mistakes of the English bench againstinti; ~,,
happy brother priest and victim ? We
aPPeacrushrdt
British public for leave to obtain justice for a
onged, and ruined man. With the
wr
Connected as this whole line of conduct is
oa that,
Italian aggression, we yet do not rest simPlY I uppre.
though a prime element, but we for err
judiced parties to aid us in obtaining reine.297tioi or
vate injury to personal character, for ecelesi
sub] :ect_
pression and for gross wrong done to a British it;
r Jaw and
and for shameful contumely heaped on ou iiestion la
judges, by a triple or possibly a decuple adju°
a single suit.—We remain, yours faithfully,
ganTolf•
IV. WoBT
a 13ATIWAN•
call on
ciii

m eT: a Madamese;n Ne Tr .A. in len
nastrrelllaEa.ynlinTai,gsohFfriovraendnainurLe oonednotno••f a Queen's
klava, with d etches for Field•A n ear Reigate, will
The Idiot e2PAsylum at Earlswoodo
'it; hnness PrinCo Albert
be opened by his Royal Royal .1-14
on Tuesday, the 3d of July.
The Empress of *h left Vienna for posse
Austria as . • .
hofe with Their Majesties are ex-
n, a numerous suite. -- Ma
Jest.
to
demanded leave of absence.
return to Vienna on the 10th of next moth.
annu
Earl of Westmmeland, our angoas...
I'):rtaslinatliiroPricel Ranadgl33a:l. a.
According to the OasterreickiischgledDoretaittc/voiePnnosta,
bas
Thestitute of
Great Sllitire'vobtiff
from A Britainal meetingand
Irelandof th:
it r cbrzietv
August 6 to 14. i. in the
The French commissioners who are taking Par" ---,roe
conferences relative to the continental telegraehlh --11,
a reduction of one-fifth in the tariff for the despatche •
The Belgians urge a reduction, but to a less extent. , 4
The Graissessac to St. Beziers Railway CorepanY,Dis:,
just obtained permission from the Minister of Fuu'id,
Works to commence the surveys necessary for extend'
ing that line to Limoges.
The Arctic expedition in search of Lieutenant -TC3_13.1
sailed from New York on the 3d. The
most
7.01 t
proceed up Baffin's Bay, visiting the most prornio°
headlands. ~i,,, loot'
FORMATION OF PARISHES BILL.—At its wees-viooo
ing on Saturday the representative vestry of M0.1,,d or
adopted a report of one of its committees, ill deci_,,,ght
position to the Parliamentary bill with this title br'''o,
in by the Marquis of Blandford and Lord Ehrielqeelv
Mr. Commissioner Holroyd, of the Loncrivrton
ruptcy Court, has succeeded Manommissieeerrao the
at the Bristol District Court, will diso":of ab•
duties of Mr. Commissioner Hill, who has (.le,,gust.
sence, from the Lord Chancellor till the Ist 01.'";17 f tbio
DEATH OF Mn. THOMAS WOOD.—The dea"-,°• lOU',
Goihjkuzpi
vclifaEhocairtaisiolTpamysontloi ecyFvee ecacnrAoisiNnulgßr
heldßt a.
itpatGhbreo:,:ti
et
rs5:1;:o:
gr
di::c: i
i;
ThegCellecl rtnlldie:cm'aciatant
rhs
_etedo i 010
favour of Oxford. The score atth 1_ ose
OF OXFORD.—This match terminated s
j,tood as 11,
lows :
1184% i;nn2idngins'niln3ge9s,;cl°6.i:vir: I
Oxford, Ist innings,
CONTRIBUTIONS TO THE PATRIOTIC ._,AVO
ART
regret to learn that this association, Burliogton
held at bag
l
House, has lost
o• , 1,1621. through the failura of the
Messrs.fAin Strahan, Paul, and Bates.
'Turin paper states, as from an undoubted sorsT,
that an
that assurance has been given to the IC-ingb°4l be
dinia are ree ' .ofof
fl ‘• ~.ci
p ~entative his Governme ~,e0,,,
admitted to the next conferences, which •t
is °II"'
i ...,:eaoa.
may probablyTy_ is be held at Frankfort instead of „V ic M.
m'
al
33s
e othe reason given for the postponernenD °'
d'Azeglio's journey to Paris and Lonclen•rica
m
~.aAMERICA. LIVERPOOL, Saturday. -- The Aille
Capt. Pt• W. J. C. Lausailedyesterday'or 0310° a 11
Boston, with g'
a large number of passengers
cargo. 'th tb°
Sou -
THAAPTON, Sunday Night. —The Sultan, iv! bag
heavy portion of the East India and China mail je
arrived here. She Lrit.gs 114 passengers, 125/. ins,l%
and a large cargo. Her dates are—Alexandrin, "11
7 ; Malt-•
a, 11 ; Gibraltar, 16. , dal.'
THE PENINSULAR MAIL, SOUTHAMPTON', otlll ,e
The Madrid, with the Peninsular mail, has arrived.
ePue.
brings 23 passengers, 25 packages of specie, d f,gdlily,
ral cargo. Her dates are—Gibraltar, June i 4 ; v3itar
15 ; Lisbon, 19 ; Oporto. 20 ; Vigo, 21. Gibrei 4
Exchange on London, 90 days, 5. Freights 110 ia,
quoted. ; ed at
The United States steamer, North Star, bag arrive
ws,
Havre. She left New York on the 9th inst. She bip
filled with passengers. Every steamer and sailing 0,0
has been taken up at New York until September for tn
-.Ance.
conveyance of passengers to Europe, cbiefly for EL . ~.4
Inaudition to the United States mail steamers, wnr?.(7o.
cro to leave New V ork for Liverpool and amens, ;
1,0 Eriessoa steamer was to leave N•ew York for n., vra
on the 16th inst.; the Star of the South for Liverpool 0.0
the 20th inst.; and the Quaker City, steamer, for ilalr
on the 23c1 inst.