The Sun.
London, England, 1852-06-24 00:00:00

15 /13 1634

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U

EEN'S BENCH.—(THIS DAY.)
9
(Sittings at Nisi Prius at Westminster, (before:Lorg
doors THE
PROSECUTION
iSAF;Uo Tu IrOt
CAMPBELL and a Special Jury.)
o
THE QsOUOEnENas
t(hoets
morning there was a general rush and scramble for
places, and in less than two minutes every part was
closely packed. Nwoerre AoCpileaLined)thais
Sir A. E. COCKBURN addressed the jury in reply to
the evidence adduced on the part of the plaintiff He
said, in this most painful case, he could scarcely expect
that religious prejudices would altogether bedivestedfrom
the minds of the jury. Independent of the question, as to
the falsehood or truth of the serious charge made against
Dr. Achilli, there came another circumstance fcfr consi-
deration, vz., that gross, foul, and deliberate perjury
must have been committed on one side or the other.
The case admitted of no compromise whatever. It was
impossible that a young girl robbed of her virtue could
even, after the greatest lapse of time, forget the man
who had wronged her; but it was not at all unlikely
that a man might, in his general intercourse with
women, forget the object of his practices in a
particular instance. Either the women who had been
called had spoken the truth or had wickedly invented
and trumped up a cunning story. On which side. the
truth laid it would be for the jury to determine; and
he was ready to admit that if Dr. Achilli was to be-
lieved the witnesses brought forward in support of the
accusations made by Dr. Newman had grossly perjured
themselves. It, therefore, became necessary to ascer-
tain which story was entitled to credibility. The young
woman Valenti swore positively that Achilli robbed her
of her virtue near Viterbo. She was no subtle casuist,
but tells a plain unvarnished story—that she was a ser-
vant in a country-house where Dr. Achilli was staying,
and that, after repeated unsuccessful attempts, he sue-
ceeded in accomplishing his object; yet, though she had
since married, and Dr. Achilli had had ample opportu-
nity of inquiring into her subsequent career and con-
duct, he had not even suggested one word against her
character, which must, therefore, be taken as entirel7
blameless and unimpeachable. It might be said that this
witness was under the influence of her priest—that she
was told it would be for the glory of God and
the Church to come forward and give evidence,
and that the whole case bad been got up by the priests,
in order to put down Dr. Achilli. This was the way in
which the evidence against Dr. Achilli, both personal
and documentary, was to be met. They would, perhaps,
be told that it was a rale of the Jesuits, that where the
advancement of the Roman' Catholic religion was con-
cerned, the sacredness of the and justified the wicked-
ness of the means; that so great was Italian perfidy, that
these Italian witnesses ought not to be believed. But
on whose oath were they to be convicted of falsehood?
Was Dr. Achilli not an Italian; was he not educated by
the Jesuits, and initiated in all the corruptions and
artifices which were ascribed to that well-known come
munity ; was he not a subtle disputant and an ingenious
casuist, brought up among monks, priests, and friars?
Though he was far from saying that one might judge a
man's heart by his physiognomy and appearance, yet, if
Dr. Achilli had come into the box with a monks
cowl, instead of wearing the simple garb of a Pro-
testant, it would, probably, have struck them that
the man and the habit were not altogether
unsuited to each other. He, therefore, claimed for
these simple peasants just as much credit as would
be given to an Italian priest like Dr. Achilli. Another
test for judging the value of the evidence adduced by
either party, was the interest which the witnesses bad
in coming into the box. Could the young women who
had been debauched have an interest in proclaiming
their dishonour before the public? It might be alleged
they had been suborned, but, however, the jury might
differ in opinion with Dr. Newman, nothing had been
shown to affect his honour or morality. Looking at the
interest on the opposite side, it was apparent that every-
thing Dr. Achilli had in the world, was at stake, and
no doubt an appeal to their sympathies would be made
by his Learned Friend on that ground. Whether he
had been dismissed from the Roman Catholic Church
or had quitted it of his own free will, it was clear he
had shut out all hope of emolument or advancement in
that quarter. In this country he was now a Protestant
clergyman belonging to a body whose object was to ob-
tain proselytes from Roman Catholicism, and who had
looked upon him as a great shining light in
the Protestant Church that might be the
means of obtaining many conversions. To his
utility in that respect his moral character was absolutely
essential. If that character was injured, there was an
end of Dr. Achilli in this country, and of all those plea-
sant prospects which no doubt stood before him. The
result of the trial was to him. therefore, of the most
vital and deepest importance. The other witnesses had
no interest when compared with Dr. Achilli; and the
jury could not, without the most serious consideratior,
come to the conclusion that in swearing to the acts com-
mitted by him they were perjured, and disentitled to
credit. The Learned Counsel then adverted to the case
of Principe, who, it will be recollected, swore to being
deflowered by Dr. Achilli in the sacristy of the church,
and contended that every circumstance connected with
the affair confirmed the truth of the woman's statement.
Neither on her nor her mother bad be thrown the slight-
est imputation, though, if their character and lives
offered any reason for disbelieving their testimony, Dr.
Achilli had ample opportunities of proving it. A charge
against a monk of violating a virgin child of 14 in a
church was too serious a matter even to be hushed in Na-
ples, where it was said, as long as a man observed the ex-
ternals of religion the criminality and dissoluteness of his
life was of little consequence. The scandal that got
into circulation about the matter was so great that not
even the protection of his friends, both civil and eccle-
siastical, could ward of, and proceedings were ac-
cordingly instituted before the police. But Dr. Aohilli
never once confronted the parties before the commissary,
and showed a pecular indifference to the chaige. His
conduct led to one of two inferences, either that he
evinced a gross and total indifference to decency and mo-
rality, or that he was so conscious of the justice of the
oompla;nts made by the unfortunate girl and her injured
family, that he dreaded denying the truth of the accu-
sation to their face. In Naples the Church stood high,
and the priests were exalted, and there was naturally an
indisposition by the authorities to silence calumnies
against priests; but, after hearing the simple, artless
tale of the girl, he was so satisfied with its truth that he
sent her away, and left the ease to take its course in
other tribunals. In the meantime Dr. Achilli remained
silent, gave no reparation or redress to his victim, and
ultimately left to pursue what he called his sacred mis-
sion in other places. Yet now, when she whose brow
he had indelibly fixed with shame and disgrace, came into
the box, be sought to brand her with the infamy and
guilt of perjury. The Learned Counsel then adverted
to the conduct of Dr. Achilli at Corfu, and to his con-
nexion with Garamoni's wife; to his establishing a Pro-
testant Church at Zsnte, and employing the woman
Coriboni, a reputed woman of the town, as door-keeper,
and her husband, who was a ohoruiesinger, as his
clerk to read prayers; to these persons being servants in
his own house; to his being seen taking indecent liber-
ties with the woman, and to his refusing to dismiss
either of them from his service when the congregation
complained. He next animadverted on Dr. Achilles
proceedings at Malta college, observing that though the -
managers of that establishment looked upon him as a
valuable accession to Protestantism, and as a great gain
from the enemy, they could not shut their eyes to his
practices. He had been dismissed from that college for
shielding from an inquiry the conduct of another converted
monk who was accused of immorality and incontinence.
Bat whatever might have been the conduct of Dr.
Achilli abroad, it would surely be expected that he
would have led a different life when he married and
arrived in London. He took a house in Shaftesbury-
terrace, and the first thing he did was to solicit the
chastity of his servant maid, but she effectually resisted
his attempts. If her statement was true it threw much •
light on his earlier history; for a Protestant minister who •
had entered the holy state of matrimony was so forgetful of
his duty as to commit adultery,they might easily imagine
how strictly he kept his vows as a Roman Catholic)
priest. This girl was not a Catholic, and no person
would be so infatuated as to believe she had been bought
over by Dr. Newman, and he thought the jury would
not hesitate to rely on her testimony. Another servant,
Legge, swore that Dr. Achilli had connextion with her.
No doubt she had been a person of bad character, but
her candour went to show that she was not a wit- •
ness to be wholly distrusted. On being asked
about her child, she said it was one is
whom many fathers had shared; she honestly
stated what she thought, and did not attempt to fix the
paternity on Dr. Achilli or any other particular indivi-
dual. The girl Wood was the next witness, who de-
posed to the Doctor forcibly violating her person, but it
was endeavoured to shake her evidence by the fact that
she had been seduced at the early age, of 15, and was
He trusted
now supposed to be a Roman Catholics ,
twe between
however, the jury, in administering jos
would not allow
Protestants and Roman Catholics,
their understandings to be clouded by prejudice
or the access to their intelligence t
be stopped
bigotry. He cared
by fanaticism and , itself, not
on which side that spirit manifested
Protestants,
Roman Catholics against or Proiektants
• t Roman Catholics. lie trusted that in adminis-
agams would hold the
tering justice they seal 1 d
es even y, an
not permit
them to be shaken by the height of religious
zeal or passion. He appealedto their sense of justice,
and to their feelings as men and Christians to deal fairly
between the parties, remembering that however great a
thing religious faith and zeal was • • , Justice was one of the
earliest born and dearest emanations
from God and religion.
After dealing in detail with hot er portions of the evi
dance, the Learned Counsel
concluded his address by
very eloquent and stirring'
peroration. He said he felt
from the first that
in this case he had great disadvan-
tages to contend
against. They bad before them two
great champions of opposite Churches, both of whom
had been
and who endeavoured n converted from the faith which they
originally professed, • d to
prove the excellence of the church to which
they now belonged. He had hoped that the
spirit of religious contention would never again be re-
kindled in this country; that having long slept and
slumbered, it had sunk into perpetual oblivion; that the
Roman Catholic with his upraised cross, and the Pro-
testant with his Bible, would not enter the arena
for the purpose of obtaining dominion over the
intellect of mankind. He said God prosper
the truth on the present trial. Those 7
feelings had been recently rekindled with an energy.
perhaps, unknown in our times. Religious dissension'
had been, as it were, concentrated into a focus, in order,
that a decision might be arrived at between the two',
great conflicting principles. He could not con-,
ceal from his mind that religious - opiniow, .1
Rai& Wag the jadguaoiat $w jug. Its