The Sun.
London, England, 1852-06-25 00:00:00

LAW INTELLIGENCE.

HOUSE OF DMUS, June 24.
DIMES v. GRAND JUNCTION CANAL COMPANY.
This app al, which was opened yesterday, was con-
cluded to-day. Two separate questions were put to
the judges, and time allowed for consideration.

VICE-CHANCELLOR'S COURT, June 24.
(Before fir JAMES PARKER )
LUMLEY v. WAGNER AND OTHERS.
Mr. Bethel' (with whom were Mr. Matins and Mr.
Martindale) addressed his Honour in the course of the
afternoon, and stated that in the case of Lumley v. Wag-
ner,much, he was instructed by the defendants to apply
of which his Honour bad unfortunately beard so
to
the Court. A suemisston had been made on the part of
the defendants to the full extent of the prayer of the
bill which Mr. Lumley had filed agsinst them,
and they
now offered to pay all the costs of the suit, and consented
to the injunction being made perpetual against them,
and to be bound by the order. (It must be understood
by unprofessional readers that the term "perpetual," as
applied to an injunction, is not to be taken literally. but
as contradistinguished from ex parts, "common," and
temporary injunctions; the restraint imposed by the
writ of injunction in this case would not extend beyond
the period during which Mdlle. Wagner had bound her-
self not to sing at any other theatre than that of Mr.
Lumley.)
1 The VICE-CHANCELLOR—There is no objection to
that, I suppose.
Mr. Bacon and Mr., Hislop Clarke appeared for
Mr. Lumley, and said that the defendants proposed to
submit to a decree for an injunction restraining them as
prayed by the bill, and offering to pay the costs. If the
Court approved of this it would make the order, but
with the distinct understanding that it must be taken
without any consent of Mr. Lumley. The present state
of the proceedings was this—the bill had been filed, and
the answers had been put in, but no other proceeding had
been taken in the case, which was ripe for hearing.
The VICE-CHANCELLOR—It is the course of the Court
to allow the defendant to come at any time, and I have
always understood that, according to the practice of the
Court, it is an honourable precerding on the part of a
defendant to come and submit to the plaintiff's demand.

COURT OF QUEEN'S BENCH, June 24.
(Sittings at Nisi Prius at Westminster, before Lord
CAMPBELL and a Special Jury.)
THE QUEER (ON THE PROSECUTION OF ACHILLI) v.
NEWMAN:—CRIMINAL INFORMATIJN.
(Continued from our Afternoon Edition.)
The ATTORNEY-GENERAL said—Gentlemen of the
jail', my Learned Friend, in one of the most eloquent
and impassioned addresses that I have ever heard de-
livered in this hall, after urging every topic which was
calculated to excite your feelings, has exhorted you to
calmness, and has spoken of the great advantage which
Dr.
course of this investigation, But I must beg to remind
Achilli possesses on the present occasion, from the
you that this is the first.time that his counsel had been
neard on the matters of accusation which are alleged.
My Learned Friend opened the case upon the various
charges
speech, if not equally forcible with the one which he has
upon which you are ultimately to decide in a
now addressed to you, et in one of a very powerful
and impressive description. Evidence has been heard,
and my Learned Friend has had the opportunity of com-
menting upon it, and pressing the different parts of it
against Dr. Achilli, before the voice of his counsel has
been heard at all upon the matter of evidence. All that
the bitterest hatred, the most unwearied industry, un-
bounded resources, and unlimited influence can combine
to accomplish the destruction of one man, who is
a most formidable adversary, have been accumu-
lated together upon the present occasion; and it will be
for you to say whether the mass and body of the evi-
dence which has been produced is of such weight as to
crush the prosecutor to the ground, or whether it will
crumble into the dust at the touch of calm and impar-
tial investigation. I suppose that there never was an
instance in an English court of justice in which a trial
took place under circumstances similar to these. MY
Learned Friend has properly told you that, although
this is a complaint against Dr. Newman for having pub-
lished a libel against Dr. Achilli, it resolves itself into
charges in which Dr. Achilli is the accused, and that he
is standing before you upon his trial to answer those
charges. Now in every court of justice in this kingdom
there is a privilege which is allowed to the meanest cri-
minal, and which has been studiously and deliberately
taken from Dr. Achill'. You may remember that at
an early period of this inquiry my.Learned•Friends on
the other side desired that all the witnesses should leave
the c curt. The necessary consequence of their demaud
was that Dr. Achilli was removed -from the court, and
was prevented from having an opportunity of confronting
the witnesses, and of giving instructions to his counsel for
their examination as the case proceeded. My Learned
Friend has endeavoured to divert your judgment and alarm
your minds, by suggesting that this is a subject of re-
ligious controversy. He has regretted, in very strong
and eloquent language, that the flames of religions
bigotry should be again rekindled in this country; he
has stated, more than once, that two champions of the
antagonistic faiths are before you, and has taken that
opportunity of endeavouring to gain a very considerable
advantage by suggesting that possibly you may be ex-
cited by some prejudice, and by warning you in very
strong language against it. lie has supposed that I
shout appeal to your religious feelings and hopes, and
should call upon you to decide this question from any
motives of that description. I should be perfectly
ashamed if I were to endeevour to excite the slightest
prejudice in your minds upon such grounds, or upon
any grounds whatever. This is not, however, in the
slightest degree, a question of religious controversy. If
it had been you would never have been troubled with
the inquiry; but Dr. Achilli says, "In the conflict
between us you, Dr. Newman, have chosen to make
me the butt of poisoned arrows; you have assailed
my character ; it you can establish the truth
of your charges the law will protect you ;
but if y ou are unable to do so, you must be convicted as
a maligt \ant slanderer." But my Learned Friend has
said, these are matters which have been published long
ago; the t fifteen months before Dr. Newman delivered
for-
ward in a.a article in the
attributed Retovie
twh,ewrheirclohwDuerd.
this lectu re, these particular charges were brought
Achilli, in his work, had
Cardinal Wiseman, Archbishop of Westminster by ttae
Pope's creation. Now, had Dr. Wiseman thrown off
his mask and avowed himself the author of this article
is the Dublin. Review, Dr. Achilli would have been quite
ready to heve watered the lists with him at the earliest
opportunityr. „Ilea Dr. Wiseman preserved his incognito,
and it was not: until, he saw a lecture published, under
a name which was one respected. that of Dr. Newman,
one of the priests of St. Philip Neri—that he found be
had a chance of meeting an adversary who was visible,
and mady to come forward in the face of day, and with
whom he mil ;lit test that important question whether
these slander s, so long circulated against him, had any
foundntion ul • not. Dr. Achilli then proceeded against
the rs of that lecture, and Dr. Newman,
havirg very fairly avowed its authorship, was per.
thittc.i to be substituted es a defendant, This was
the first opportunity Dr. Achilli had- of challenging
his opponents into a court of justice, and under
these air cumstances they are here before you,
Dr. :,Newman undertaking to establish to your suds-
,

.-.,-
.--,-,,-..=e:;:es-------e
faction the truth of the charges which are centai9ede in
the pleas of justification, and which are to.tho number of
not less than 23. Was ever any men placed is such a
situation as Dr. Achilli now is--called upon to answer
26 yeare of his life w —arraigned upon no feer tiara 23
charges? Now, in order to narrow our field of view,
let me direct your minds, in the firstinstance, to Carious
charges which have been put up: n the record, !bat of
which not the slightest proof has been offered. n the
first place, it, is alleged in the 7th charge t at D.
Achilli, on the Ist of February, 1831, debauch, and
‘I
carnally knew Rosa di Alessandria, and thailja the
mouth of September, 1833, he w
offence by the Bhhop of Viterbo. Ia the 12th Charge
this
offence
i 5
alleged 'to
have been committed in the
sacristy or the chuxch Of Gradi, at Viterbo; andi° the
0:h cherge Dr. Achilli is represented to have 'given
tnt' 50 scudi, aunti2g to la, to the father of Rosa di
Alessandria by w money. Now, on the part
ay of hush- as found guilty Of that
of the defendant, no evidence whatever has beenliven
on that subject; and I do not even except those 'pro-
ceedings of the Inquisition, for it will be foundswhen
they are referred to, that not a. single name is meistioned
in them from beginning to end. I am, therefOre, en- 1
titled to say teat the defendant has failed, 'so far. es he
has gone, in every proof' on that subject.
Lord CAMPBELL—The names of pig,,, ~, hat' iiat_ of
persons, are mentioned in the proceedings orthe In-
quisition. •
The ATTORNEY. GgNERAL.--
-taut we have the evidence
of Dr. Achilli on this subject;
afor h l
Rosa di Alessandria with whom he is acquaitd ....„iloie
nun, a relation of his, a person older than Irinatioeaeow.,
whose father, to whom' ta rates t t is taiewie have given
hush money, died when he w years
old. He denied that be was ever accused in the Bishop's
son ye. says
five,
~,,t u hr a t
iii= years
obly
Court at Viterbo, and therefore that he could have been
sentenced or punished there.
And you may remember
that although my Learned Friends have given proof
that the records of the police-office at Viterbo were
burnt at the last revolution, no evidence whatever had
been given that any attempt had been made to search
for any documents whatever in the Bishop's Court, in which these proceedines are alleged
to have taken place. In the
eighth charge Dr.
Achilli was accused of havina, in „Tale,
y 1834, debauched
and carnally known, at Viterbo, a certain other
woman, name unknown, being then chaste and unmar-
ried. Now we have documents which cannot possibly de-
ceive, from which it appeared that Dr, Achilli remained
then accompanied the provincial of his order upon a tour
at Viterbo up to the end of the year 1833,
of visitation; that he was absent nearly the whole of the
year 1834; that ho returned to Viterbo in the month of
November in that year, and took up his residence with
his provincial for a few days, and went thence on a visit
to a convent at Naples. I think, therefore, with regard
to this Bth charge on which this supposed unknown in-
nocent is supposed to have cuffered from the passions of
Dr. Achilli, that he will be acquitted by your verdict
We have then the 9th charge, in w and that he
which he is alleged, in
1835, at Viterbo, and at Monte Frasconi in the neigh-
bourhood, to have debauched and carnally koown a per-
son named Vincenza Guerra, and a certain other Woman
name unknown—and whenever there is a woman with a
'' name unknown " she is sure to ba chaste and unmar-
ried—(Laughter)—and that he was afterwards found
guilty of the charge by the Holy Inquisition. Now
if he were found guilty by the holy Inquisition
of an offence at Viterbo in the year 1835, it
will be a pretty good sample of veha..
a ' faith is to be
attributed to the proceedings of tue 11013, requisition,
because after 1834 Dr. Achilli was never at Viterbo or
in the neighbourhood. The 13th charge is One of
rather an extraordinary character. It is alleged that
on the lot of January, 1841, and at divers other times,
the said G. Acbilli, " being a priest, at
Rome, Capua.
Naples, and Malta, spoke and caked against the doc-
trines of the Catholic faith—to wit, the doctrine of au-
ricular confession and absolution, and abash©t the moral
d by means of
this preaching and teaching he corrupted various per-
sons, amongst others one Lugi di Santis, one Fortunate
Saccares, the said Rosa di Alessandria, the said Elena
obligations of chastity and contiuence, an
di Valente, and the said Maria Giovanni Princepo from
their belief in such doctrines, and obedience to such
laws." Now, allow me jest to call
Your attention to
the mode in which these charges have been fabricated
against Dr. Achilli, when you find that it having been
previously alleged that he had debauched and carnally
known Rosa di Alessandria and Elena di Valente in
1831, he is in this plea represented as having in 1841,
by his corrupt teaching and preaching, led them astray
from the laws of morality and virtue, which they had
obeyed up to that time. Again, in the 21st charge,
it is alleged that in a certain official document
amongst the archives of the Neapolitan police,
Dr. Achilli had been reported for habitual inconti-
nency. Now, I know perfectly well that my Learned
Friends would say they attempted to gilvetstwervideeilfek
document procured from the Minister of Ecclesiastlibal
Affairs, and represented by him to be antipy of thee-
port from the police. But I thought it my duty,`tiffer
the information we have lately had as to the faith and
credit to be attached to the Neapolitan police reports,
to insist that if they proposed to give any. evidence on
the subject they should go to the fountain-head, and
satisfy the Court that the document was produced from
the proper depository. These are the points on which
no evidence is produced, and on which Dr. Newman
must necessarily be found guilty by your verdict. I
pass on to those charges which Dr. Newman has under-
taken to substantiate, and for which I confidently believe
I shall be able to satisfy You
ever. In the first Place he has charged Dr. Achilli with
there are no grounds what.,
being an infidel. Now, by the word " infidel" is ordi-
narily understood a person who denies the inspiration
of the Christian Scriptures and the Divine origin of
ne
the Christian religion,
Nov, Dr. Achilli has never
been an infidel in that sense of the word. It is alleged
that he preached against
auricular confession and
abso-
lution
; and if it be meant that because didAchilli not
believe in transubstantiation—did not believe in the
efficacy of human absolution, that be is, therefore, ania
infidel, I say it without the slightest levity, but
with the strongest feeling of anxiety on the subject, that
I hope that the number of
i such infidels will be daily in-
creased.—(Applause.) Re i 3 _
then charged with being a
and you have
heard from my Learned Friend a"very eloquent passage,
in which he endeavoured to establish the truth of that
charge by a reference to
some passages in Dr. Achill's
work. [After again reading those passages from Dr.
Achilli's book which were referred to by Sir A. Cock •
Roman Catholic priest, and
burn, the Attorney-General
roceeded. Here you
an example of a strong
mind struggling with its
doubts; you have an example of the course which is
p]
followed upon all these occasions. It is difficult, indeed,
for a man to tear himself from his ancient faith; there
are so many associations intimately interwoven with it
that it is almost impossible fora
person at once to T 1
dis-
engage himself from it.
—e has referred to Luther; and
you all remember how lon
with himself from time to tittle, and how his strong mind
was bent and bowed down h he struggled
with himself, and how it was
only by degrees that he
gradually advanced to the
e position he afterwards assumed
as the great reformer or our
g-Yantclhe. acnoxnifloiucstlywhich he had
Church. From year to year
long and anxiously did he struggle and pray; and has
any body the boldness to say that because Luther re-
mained in the church in which he
had been born and bred
until his doubts had ripened ;
poured' upon his mind, that
proper] therefore Luther would be
y characterised as a
hthyeifjuelre. lightßouft twruhtohiswtahe eat° conviction, aid until
person from whom these in-
sinuations proceeded? From the counsel of Dr. Newman.
Was Dr. Newman suddenly converted?—did no doubts
infuse
upon
h themselves
of our Protestant Church?
—id conviction flash at once
down
a satisfied and con-
tented Protestant, disbelieving in
isso ul
Did into
he hi s i i e
naiad wade he was a member
Did
confession, sad in absohition, and
morning a fully blown Roman Catholic?, did he rise up in the
Strangeindeed
is it that we should have heard these arguments pro-
ceeding from such a source. as
on. these grounds Dr.
Achilli is to be subjected to the ina.,
Filtation of hypocrisy,
transubstantiation, in
he shares it with men who are an ornament and an
honour to our faith and our religion
to suffer the imputation, more especiume
y in consequence
of the quarter from which it proceeds. Let us proceed
now to the next charge. It is alleged in charge four, that
, and he is contented
Dr. Achilli, as early as 1826, wail deprived of his faculty
to lecture for as offence which his
superiors did their
beat to conceal. Now, the fact is that the only lectureship
which Dr. Achilli obtained was at Viterbo in 1827, and he
continued to hold it down to 1833. In the fifth charge it is
earned the reputation
of a scandalous friar. That was the year in which he
obtained the lectureship at Viterbo. Now, we called
two persons who were monks at Viterbo during the
alleged that in 1827, ho had already
years that Achilli was there, and they have told you
that he maintained a high reputation during the whole
period of his residence at Viterbo. But, in addition
to that, we have carried down the evidence as to the re-
putation in which he was held for ten years longer. It
is absurd to suppose that if Dr. Achilli had then earned
the reputation of a scandalous friar, he would have been
selected for the offices of great treat and importance
observations. We
• • letters of secularization in
obtaining his 1839. I now
come to the sixth charge, relating to Elena Valente, upon
which he held during the interval from
which my Learned Friend has dwelt at stitch length. And
1827 down to his
in introducing the charges supported by Italian witnesses
few . preliminary
had some intimation of the interest felt in Roman
have
Cat the subject holic countries upon et of this ineptiry-
We have had proof that great facilities have been af-
forded to the persons who were sent out for the purpose of
procuring evidence. We had one remarkable and striking
I must make a
instance—a circumstance introduced in the course of this
inquiry, showing that a Roman Catholic gentleman of
ectability was in comunication with a
very great resp m .
Roman
functionary high in the Church. The deepest
interest was excited in this conflict, upon which it was
to depend whether Dr. Achilli was to remain a most
formidable antagonist to the Roman Church or to be
by these charge. 1 • k it
crushed and annihilated
se thin
due to thent . - interests of truth and justice to remind you
ere
of these circumstances, ang you. to consider d to be • r whe-
ther they are capable of any satisfactory explanation
c only
onsistently with a desire that the
truth should be
arrived at' upon this occasion. Again, , we have from
' Elena Valente the statement tnat her curate told her
that she must come here for the sake of holy mother
Church and the iIGIAG;r cf God. Now, who are these
witnesses? where do they eozaae from? They come
1 from Italy; and the moment their work is done they re-

,
. .
turn there again. They are birds of paimge—here to-
day, gone to-morrow. Not exposed to arty punishment
that our Jews may award far perjury—careless of 'the
public opinion of thin country—returning. perhaps with
esteem tend honour, to their residence again, and, with-
out going beyond the information we have obtained in
this moat extraordinary inquiry, likely—if they have
veiled the troth far the gooe of holy roomer Church, and
for the honour of Cred—to obtain frog their tender-
hearted coefes ,ors a very easy, penance. But Dr.
Achilli, on the 'other hand—shut out from every Roman
Catholic country on the continent—must remain here
exposed to all the obloquy and the other consequences
which follow from the sin of deliberate perjury. And
how can you, therefore, by possibility comnere the po-
sition of the Italian witnesses with that of 'Dr, Achilli,
and not observe that as far as that is an element in your
judgment of the worth of their testimony, the balance
inclines strongly in favour of the prosecutor? Then I
come to what I duet characterise us a very unfair pro-
ceeding towards Dr,' Achlii. He comes here prepared
to meet these charges; he is ready to answer distinctly
and 'specifically upon each charge in succession; but he
is then preesed by my Learned Friend as to whether he
has not at times been guilty of breeches of morality
with respect to women. New Dr. Achilli has felt it his
duty to himself to avail himself of the protection which
the law gives him, and he has refusedete answer that ques-
tion. Gentlemen, I very much fear that if such a ques-
tion were put to the wisest and best amongst us, we
should find it difficult indeed, consistently with truth,
to answer that question so that we may b 3 acquitted to
our consciences. Is Wilier] to be made a charge against
Dr:-Atiltfttietirithe-wilt -not answer a (plosion which is
directed to ascertain, not whether he has been guilty of
these specific charges alleged against him, but whether
he has ever transgressed the laws of morality? I refer
everybody to his own heart for an answer to that ques-
tion. I submit, with the most perfect confidence, that
not only that circumstance should not prejudice Dr.
Achilli, but that it has a most important bearing on the
answer that he gives in every instance. If he came
here determined to deny everything which was to the
prejudice of his character, what was there to prevent
him from giving a direct contradiction to the notion that
he had ever sinned against the laws of conscience?
Elena Valente says that her first knowledge of Achilli
was at the country-house of Signora Gentilli, where he
had gone to spend his country month. Now, Achilli
says that he never did spend his country month with
a Gentilli. He says that he never stayed with but
three fathilies, and not one of them was a Gentilli.
One of those houses was that of a Madame Cristoferi;
and my Learned Friend having elicited the fact that
she was a Gentilli before her marriage with her de-
ceased husband, claimed this as a corroboration of Elena
di Valente, because he said that it was a usnal thing
for women in Italy to bear their maiden names after
the death of their husbands. But Elena Valente also
spoke of two brothers of this lady's decenwed husband
being named Gentilli; whereas it was clear that, if the
explanation of my Learned Friend were correct, they
would be Cristoferi. It was clear, therefore, that the
evidence of Elena di Valente derived no corroboration
on this paint from Dr. Achilli. This woman had sworn
that she had had intercourse with Dr. Achilli four
times. Dr. Achilli had denied in the most ex-
plicit terms that he had ever had any intercourse
with her. Twenty years after the supposed event the
matter is brought forward as; a charge against him;
and during the whole of that period not one word had
Mena di Valente whispered to any one, not even to her
mother, of there being any foundation for
such a charge. Nor was this reticence on her part
owing to any liberality on the part of Dr. Achilli
towards her, for you remember the absurd and
trifling presents which she represented that he had given
her. Then there was Dr. Achilli; having committed
this breach of morality in 1831, publicly lecturing as
professor of theology, publicly performing all the offices
of the Church, preaching more diligently than any
monks of his order, recommended to offices of trust,
and no one uttering a word against him until, 22 years
afterwards, a voice is heard in the streets of London,
calling him to account for this improper intercourse. Dr.
Achilli denies this charge most explicitly, and it, is for
you to compare the evidence on both sides, and say
whether you believe that denial on a charge which is
made under these most extraordinary and incredible cir-
cumstances. I now go to Naples, where the prose-
cutor is charged by the 12th plea with having debauched
and carnally known Maria Principe, a child of 15, on
Good Friday, in the year 1840 When, however, Maria
Principe got into the box she ed that so far was this
from having happened on Goo ridgy, that it took
\
place in the month of November December. Bat
there was another very remarkable circumstance to
which I must direct your attention. Mrs. Principe
said that she was fifty-nine years old, and she
therefore have heenneuia. 122,5,_ aSlie neejelo,oo,
►'
would bring the period of her I;illfrteitt 'vllB4-1841; °"iiron;twleahticihn
1840 this Maria Giovanni Principe, who was said to be
only 15 in 1840, must have been 21 or 22. Now, Maria
Principe stated that this intercourse only took place on
one occasion, and the cross examination of my Learned
Friend the Solicitor-General proceeded entirely on that
footing. But when she came to be re-examined the
next day she said that it had occurred several times; and
being pressed, she said seven or eight times. What re-
liance can you place, under all these circumstances, on
the testimony which has been given by this girl, met as
it is by the positive denial of Dr. Achilli, that he ever
was acquainted with her, or even knew her by sight?
Well, 'but my Learned Friend says, "Oh, but there is
proof here confirmatory of her statement, because it ap-
pears that some friend of Achilli bad applied to the
commissary of police with respect to some charges which
were said to have been made against him." Now, I must
say that anything more hard, anything more cruel, than
the course which has been adopted upon the present
occasion can hardly be imagined. You may remember
that I was inquiring as to whether the Duke de Larina,
a friend of Dr. Achilles, in consequence of something
being said against him,went before the police, and inquired
as to some accusations that had been made against
him, when my Learned Friend immediately interfered,
and shut out that evidence. In the course of his cross-
examination he did indeed pursue that subject, and ob-
tain some further information; but I appeal to your me-
mory and to my Lord's notes whether it was ever sug-
gested until he stated it to.day that those accusations, or
charges, or rumours, or gossip, or whatever you please
to call them, were connected with the Principee, or with
any distinct or specific charge of that kind, or whether
there is any foundation whatever for the accusation of
my Learned Friend in that respect? What confirma-
tion, then, is there of that moat incredible and self-con-
tradictory story? I have now come to the end of the
Italian witnesses; and I now ask you to compare their
evidence with that of Dr. Achilli (recollecting the mode
in which it was given), and then say whether you can
for one moment doubt the denial which he has given of
any intercaurse with these parties; and whether you do
not think that these two charges with respect to Elena di
Valente and Maria Principe are not completely disposed
of? We proceed now to Corfu, where Dr. Achilli is
charged by Dr. Newman with having committed adultery
with the wife of Garamoni and the wife of Coriboni. My
friend lays stress upon what he calls a contradiction be-
tween Dr. Achilli and Garamoni's wife. Dr. Achilli says as
he was passing the house she called to him, and was be•
ginning a question. She says no question was pat. It
is clear the appearance of the husband prevented it, and
yet my friend wishes you from this to assume that there
was improper intercourse, although they all deny that
any such thing took place. I ehould have thought, if
rut
ehp
seoti:
upon
nb
your
eeo
neu t r
this had been
judgment,
rt
ofajustice,tnh and
e n
o t m
case. y
apprehendfriend w
I think
i nk:
nulyl d
may not have
rely
unfavour-
able result. We now come to Coribones wile. The
statement is that she was a prostitute, that her husband
was living upon the wages of her prostitution, and that
Dr. Achilli ought not to have taken her into his service.
Bat if it was notorious that Dr. Achiili'e reputation was
injured as soon as he engaged them, then, instead of
mixing with society of the first class, ho ought to have
been driven into obscurity. The charge open this part
of the case mainly depends upon the testimony of Mr.
interference
as ce
very
of y Mr.
Reynolds. My friend has had great difficulty in
dealing
has designated
aig withe tedthehis inite
Rey-
nolds says he used to see Dr. Achilli toying
improperly with Coriboni's wife, committing indecent
foolish. Reynolds,Mr. andfamiliarities. Mr. Reynolds says ho remonstrated
with him. Dr. Achilli refused to diemiss his ser-
vants, and Mr. Reynolds left his chapel. He adds that
ea
he saw them very frequently arm in arm in the public
streets. This Dr. Achilli denies. Mr. Reynolds said
from one window to another was 15 or 20 feet. Measure
that in your eye, and see how short the distance is. It
is admitted that the parties could only be seen when they
came to the window. It they had gone on one aide they
would not have been seen, they would have been screened
from all observation. It is clear from the statement of
Mr. Reynolds that he had told Dr. Achilli of these
familiarities; then Dr. Achilli was aware there were
spies upon his conduct, and yet he was so shameless
eavn so thatnedprofliga he mightcouldtethathenntbe
se
neont
by
yestthe very manrainhispa whossions
had remonstrated with him. Dr. Achilli said, from the
situation of the houses ho could not have been seen.
Now, the servant is supposed to have confirmed Mr.
Reynolds. She was seated with the blinds down, and
she
the
says,w i
window thate she
Dr. Achilliesaw
familiarities
as
higher
If
Mr. Reynolds, it would have been impossible she could
rt.imß„es yirioelmiosndsidtracotemd withplain,
him upon his habits of intoxication. Mr. Reynolds,
order to corroborate this statement, speaks of
bbnavtes not e seen.
until D rh. eAhchadilli says
several M
the pillows and the tablecloth. I do not impute to
that young woman that she is committing perjury, but
she might have seen something which Mr. iloynolds
represented to her as being Dr. Achilli, and she must
have been mistaken as to the person she saw. Dr.
Achilli says if he had been seen only once with the
wife of Coriboni his congregation would entirely have
left. Mr. Reynolds says it did fall off How he knew
that after he left I cannot tell, but Dr. Achilli says it
inoreated. If Dr. Achilli had been the profligate repre-
sented, should we not have had proof of it here? Dr.
Achilli has said, " I never did walk publicly in the
streets with that woman." It is absurd to suppose it.
Dr. Achilli went to Malta for the purpose of establishing
a chapel there, What! a man reeking from the prefei.
goy of Zante! Would not that reputation hzve fol.

Lord CAMPBELL said he thought Lord Shaftesbury
might be asked what other reasons there were, and,
therefore, he should have that nobleman sent for.
The ATTORNEY-GENERAL resumed—Dr. Achilli
wrote a letter, complaining of his dismissal, and then in
December, 1848, they wrote to say the charge was his
absence from the college and his remove' of Saccares.
There was no charge about his moral conduct. Can
you not believe that charges might be trumped up
against Dr. Achilli? He now became a married man in
June, 1849; his wife has been a witness before you; you
have seen her manner and demeanour.
The Esrl of Shaftesbury, having been sent for,
came into court, and was examined in the following

manner :
The reasons were these, and Dr. Achilli knew them.
In November we received a communication from Mr.
Hadfield. (All the documents were in court.) The
matters discussed before the committee appointed to the
College of Malta was a branch relating to the mission of
the priests. A certain number of reformed monks had
been admitted into that college, and it was our intention
to appoint Dr. Achilli as the head of that branch and
of th. Italian school, because we could not procure
an English clergyman who could teach Italian.
Dr. Achilli was in England. We knew there were
charges against Leononi. We directed an inquiry into
those charges, and we also charged Dr. Actiiiti to take
the chair in that inquiry. Dr. Achilli went to Malra, and
we received information that one of the chief witnesses
had been removed.

Lord CAMPBELL—We want to know the other reasons.
The reasons were these:—We felt that if the matter
were to become public so great a scandal would be
brought upon the college that we felt there was nothing
left but to break up the establishment, and whether
Dr. Achilli was mixed up or not, we said we will wash
our hands of so foul a business. We speak of general
rumours, not charges.

The ATTORNEY--GENERAL proceeded with his ad-
drees. I feel extremely obliged to his Lordship, for now
it is clear, that so far from making out the serious charge
against Dr. Achilli, it has now entirely failed, and the
matter, I hope, is set at rent for ever. I must again refer
to the letter of December, to show that the management
could not have imagined he was a person of scatidaluus
character, because they say " It is with regret, for the
reasons before stated, we can no longer allow you to re-
main in the office." ,I new eeverts to the charge 16, that
Dr. Achilli had acted' indecently with Harra.t Harris,
Sarah Wood,' and Catherine Goiman. I wish first to
draw attention to qualify the, diluted terms in which the
charge is alleged as reepersts_Jane Legg and Sarah
Wood. There Es no chat* rirliclultery there. When
the charge referred .to geteiNint abroad there Rea no
limit to the language. VIIPIki, with regard to Legg and
Wood, if true he had. commlttedafkialtfrY7*ita them, I
wish to show that as timeian on tthe witnesses became
stronger in their statetnents,. tied s'tki..,charge ripens
against Dr. Achiii. • Ileac are'lqiii"lifitnesses; three
serval:lollstate thatTibei4Pbs werlllatarnsti;eteeel twinethere
actual adultery committed. In all thesegatances there
is no one occasion upon which, any complaint was made
to either Dr. or Mrs. Aspiltitt..4l33oat--SAse.,..
up Jatiu Legg. In eons-ecieetlteAFtlyl 'altevklm of the
,
law there was no great meritsio.jiine Legg ,n t having
affiliated her child. She could not bring forlard any
corroborative ,evidence. Take Harriet Harris; she
was dismissed''-from the service; that is not a' light
matter to a servant, .and she is apt to resent 'it.
Two of these persons, it is admitted, were persons
of bad Character.: Mel: „Liven, who is the 'sister of
Jane Legg,: cedplains that the maintenaitoe of Jane
Legg has :metalled upetiilier considerable expense;
but in any. application eileadet to Dr. Achilli to
contribute towards the exiefre, did ho ever give any
hush. money—did he endeavoe '•to 'stifle any statement
they were inclined to maket elfeDr. Achilli had been
such an immoral man, why shoal she show such anger
at being called as a witness, because she said she was in-
clined to spit in the face of the person who had caused
her to be called? Dr. Achilli said he had received an
anonymous letter, desiring him to send 51. to defray
some expenses. He went to Mrs. Logan; but did she or
her sister ever recommend him to send the money? Will
you believe the story told when the case broke down,
added to the oath of Dr. Achilli, that the statement is
false? None of the parties had even applied for any-
thing. But then there is the case of Catherine Gorman
in 1847. She is to prove that Dr. Achilli once tried to
take her round the waist, and she succeeded in getting
away from him. It is supposed that Dr. Achilli having
so denied the identity of the woman that it is a false-
hood. Miss Lambert would not have allowed him to
have remained in her house had he been such an aban-
doned character. I ask you whether, after the evidence
of Dr. Achilli—you have seen the persons who have been
produced—l ask you to look at them, and then at Mrs.
Achilli, does not the very view prove the falsehood of
the stories? I now come to the extraordinary decd.
merit which emanates from the Holy Inquisition. My
friend relies upon that for proof of the charges of which
there is no oral proof. I quite agree in the course
adopted in admitting this document, because there is a
plea that Dr. Achilli had been condemned. It is the
first, and I trust the last, time the judgment of the In-
quisition has been produced. It is in 1851 that Dr.
Harkin goes to Rome and sees certain authoritieS there.
Some one interfered so as to procure a copy of the
judgment. So secret ere the proceedings that even a
bishop of the Roman Catholic Church was not allowed
to enter the office, but was kept at the door. No exa-
mination of this copy with the original document took
place. There is no proof that any such exists. We are
obliged, therefore, to resort to Dr. Achilli, and he
.
sage, in consequence of his preaching and
teaching, he was placed in the Inquisition; but he denies
ever having confessed at all that tie was charged with
any act of immorality. He was ordered to write a book and
recommended to go into the country. This document is
a certificete of the notary, and says, " It is established
from the same proceedings that the said Achilli having
been examined by the appointed judicial functionary,
confessed himself guilty of criminal copulation com-
mitted with many females, also of deflowering another
virgin, and of having had criminal knowledge of two
other women. It is also made out that be made another
girl a mother, and was ordered to pay 50 crowns." Dr.
Achilli swore he never had confessed any such thing,
and that no such judgment had ever been pronounced.
Lord CAMPBELL—I must take it that such sentence
was pronounced, but I cannot take that as a proof of the
preceding fact.
The ATTORNEY-GENERAL—I do not know that I are
much interested in considering what that part of th
judgment may be, but I say it is a gross accusation,
4e
no proof of such a charge having been made, tci
Dr,
-
Achtlli has completely acquitted himself, and sot tands
aert
ready to receive your verdict, which he doubts n
be a verdict against Dr. Newman. I have gone throe wihll
the various charges in detail, and addressed these
ob-
servations, which I commit to your sound and ,
judgment. I trust that I have performed m aeliberate
duty fairly,
and I sit down having the most entire reliance'
force of truth, and I trust my case m upon the
most your impartial judgment. confidently to
Lord CAMPBELL then proceeded t
Gentlemen of the Jury—l am sure it •
sary for me to express an anxious • IS
quite unpueewill
°. sum up the otiesse.
devote your earnest attention to vlsh that
d yc::;asider
it with the utmost impartiality,
the
ease,
an-ehension
has been expressed that you m Sown
aPbPirbed some
prejudices; of that I sincerely believeayhave imbibed
is not the
slightest fear. If you Were therets,
and the
credit of the Protestant religionall Protestants,
stake, I am sure
you would look at the ; Was at ead to try, and
decide upon the evidence queste3n you
bro ht
2 before
gentlemen, I must go further. u- t see why it
I do no you. But,
should be said that that ereditof tbe,. pz.teAsteaubtiirlieliigsioant
is at all at stake.
grilse in the deepest use eharacterbot a"
manner bill
to him when he Weeßoman Catholic re-
ligion, and I do not a p fleet efa.s
soy
thet at conduct is imputed
discredit to the
Protestant faith
hwnsi% how that is if it should turn
out that there
priest who prct- ae4 beencaou3PerPcltigate Roman Catholic
over to the Protestant
pereuesion h
nor rob his inn by joining it-
.Ihe , gen-
° Would deserve ° credit foF his_sFronfession,
Pew enmmou there is no danger
ti;rh as to Dr. I bin sure
Newman'
o: (Jig nei-1,, lookedr. upon unfavoursbly by yeu, although
he has lea the Protestant religion, and is now, as
v,'e are told, a
i very
give I tesious champion of the Roman
Catholichim credit for sincerity in the
tours© he has adopted, Church.which I think better than for
al'ai clergyman—if there be any such in the Church of
E glind who really are Roman Catholics in their hearts,
and would two
--still preten--"o
of education and
say that tao,eg ,
England he • h to be Roman Catholics in their practice
et e• to remain in our Church. When a man
honour adopts a new religion, if he can
h he did once belong to the Church of
lett it irons conviction, and has relinquished

faits advantages, no imputation can be
e*aCtks in. b a
in that respect. But he may in other ,54 ups ups hill
l ";
m
wisely. I mutt say th it Dr. Newman, is titt
Achilli, ectect I should soy rashly
_and-recklesel - l-.
though he might well be:icve the truth of all he
said,
. because he is esterting a number of facts of which he
ceuld nave ne personal keowledge; and in respect of
which he might he rnisteken. At the same time, I will
say tuet he lits coeducted himself with greet propriety
in at once taking upon hiratelf the responsibility of as-
serting these twinge. This being a criminal information,
all the Court b lys by grantirg it is, that there is a
reasonable ground for submitting-it to a jury, and
it' is by a jury that it is to be decided. The alleged
i libel you have heard. I must say, there can be
no doubt it does amount to a libel, because it
dues convey a very ,etrievoue imputation upon the moral
conduct of Dr. Achilli; and there is no occasion for
making these charges which vecal.l exempt Dr. Newman
from the responsibility which belong: to making such
charges. There are two pleas put upon the record.
The first is not.guilty. It :stems to me there is no doubt
upon that pit-a. and your verdict must be for the prose-
cutor, because tb puolicatian is allowed to convey very
gtave. charges. Is'erteerly that would have been the only
question you would have had to determiare but by the
preterit law those who are ceterged with having pub-
listed such libels have the opportunity of proving that
they are true, cud that in publishing them the party was
actuated by a laudable motive. "Ibis is a considerable
improvement, in our law, and takes away the reproach
teat by our law the pa eater the truth the greater the
libel. Now, gentlest n, it will be for tou to say, upon
ale evidence laid before you, wh-ther the various it pu-
tatioas alleged in these pleas by Dr. Newman are ea-
Lavished. With regard to some there is hardly say
' evidence; with regard to some there is most tiaras!
and it is for you to say whether you be-
bli:iteh evidence;
atthecveidviedieerec;e
by
and if you believe it,
,and do not
which it is met, so far it
tev
will
be your duty to find that the imputations are
with a copy of thtse
finedvetlathaattrione of-t`
;rye that each or all are proved, or whether you b.e-
TPt,rleu:.saanyel° svh'iallll h:kft;rontilstiloctdell me whether you
any of them
4 to be proved. You may
dis-
tinction which you believe
toes
mteties proved, or if you make.a dia.
proved. I think you can
hardly .find
Come to a clear cone them. I
_l.
readit over the evidence
that all" of are proved. To enable you to
your assistance,
to you with a few observations ,
W as _
proceed, merely for
advising you to farm
your Own °Melon, alwaysat
I
earnestly
may observe, axe -
and which have done crdi
ept it meets with your approbation. I
think that alter the very eloquent' you have heard,
not to be influenced by anything I
cannot come to a satisfactoryn: lish bar, you
ioto,tittlitseion
, speeches
cf the evidence is again sub
ship then read over every word
edofto you.. 111
the evidence. The
first evidence is that of Elena 'Vale believe
her story, it abundantly establishesate. If
you
ugatil_thse
Lwl3irodle_
but
there is no corroboration. The atat that cheer,
plea
about Rosa Alessandria deserves great
tnt in the
be-
cause she is living, and does not come forward. Still,
ward. b.tul
if you think her being in the family-way, •
Is a sufficient
excuse for her not being here, that is eery well. The
next charge seems to me to be the most
. serious of
all, because it is clear that it is no recent in-
vention—because years ago that charge was brought
against Dr. Achilli—it is with regard to Maria
Principe. You have two witnesses, the daughter an-1 the
mother. The daughter immediately told her mother,
and it is whether you believe the daughter and the
mother. Dr. Achilli denies this, but admits there bad
been some ecaodel at the time. Now we come to Corfu.
The evidence of adultery with Garamoni is not at all
clear and satisfactory. Then re have Mr. Reynolds
called. He was a very respectable man, but a very ex-
traordinary story be tells. That Dr. Achilli had bees
abtolutely sleeping with this women, and yet he should
come up almost daily, and his toying with her is very
extraordinary. It is strarge that after having been put
upon his guard he should continue this. The letter to
Lieutenant Storey is also a very extraordinary one. You
saw Mr. Reynolds, and can judge of his demeanour. The
young girl is called. It is an extraordinary circum-
stance that this sta'e of things should go on almost daily.
You have the chsrg s at Corfu, and Z into, slid you will
have to say what you think of them, taking into ac-
count the evidence on the other side. Then at Malta
it would seem that Dr. Achilli acted very improperly in
screening some party from inquiry. Looking at the re-
solutions of the committee, Ido not think Dr. Achilli
was di:missed for immorality. The decree is very strong
evidence to prove such a itentend, wan pronounced. The
court is prodded over by men of probity and learning,
and we cannot for a moment suppose that they meant to
impose upon us; bat for what cause it was pronounced
is a different thing. One would suppose it was for
heresy, and not immorality; but it is for you to form
your own judgment upon it. 'Atilt regard to Dr. Achilli,
his refusal to answer as to intercourse with other women
is pregnant matter for your consideration. It is for you
to say whether his declining tie strutwearaises a convic-
tion in your estimation. You must draw your own in-
ference upon this testimony, by which you must decide.
You have listened very attentively, and the public is
much indebted to you for the manner in which you have
devoted yourself to your duties in this case. This news-
paper, lam told, contains a correct copy of the plead-
ings, and you will say if any and which are proved. I
have dotib my duty to the best of my ablttillty, and I am
quite sure you will prcperly discharge yours.
The jury then (at about half past eight) retired. They
did not return into court until cflaven o'clock.

1s iso42rotili . it wa4l;csl,,"- Aro.ycyAgmd.cia
-iediez?"
The,Foreman—Yes ; on the 1 9th charge we fine. proved.
All the rest we find not proved.—(Sensation and partial
_cheering.)
Lord CAMPBELL—The 19th charge respects Dr.
Achilli's beivg, deprived of his profesisorship and pro-
hibited from preaching and heating confession. Yon
find that to be proved?
The Foreman—Yes, my Lord, proved.
Lord CAMPBELL—And you find none of the other al-
legation.; proved?
.The Foreman and several jurors—No, none of the
otbers,—(Here the people in the cuurt, begining to un-
derstand the verdict, burst out into a vigordus cheer,
which no one attempted to suppress.)
Lord CAMPBELL—With regard, then, to the plea of
not guilty. The first plea is not guilty. You see that
involves the publication and the question whether it was
of a libellous nature.
A Juror—Not guilty. That's wefind.
Lord CAMPBELL—No, andersta me. The first plea
is not guilty; and that involves the question whether it
is proved that the defendant published this alleged
libel, and whether it be libellous. Do not mind the
truth of the charges at all. As to this, say only on
that do you find him guilty; and that it was of a libel-
lous nature?
The Foreman—Yes, guilty.

Lord CAMPBELL—On that you find him guilty. There
Yon find
is then a verdict for the Crown on that. Then we come
to the justification; and on the justification
that the only part of it which is proved. is the 19th, re..
sp. eting Dr. Achilli bun deprived of his profeseorship
and prohibited from preachg, and from hearing'
confession.
__ _ _

• A Juror—Yes, that is the verdict.
Lord CAMPBELL—Wait a moment; tad let me see.
That is (atter a pause), you find that. it is true which is
alleged in the decree of the ILclulution, BO far as that
decree Roes?

A Juror—Yes.
Lord CAMPBELL—So far as that decree golis. rod
don't find as to the I.,,asons for the decree, but as 1° the
decree itself?
The Foreman—yes only that.
it to ha
Lord CAMPBELL—very well. Then youtafiend elebra.
true that Dr. Achilli vrss suspended from ---- cis, and
tion of mass, prohibited from any cure of from preaching, and frona hearing con
ording to
exercising his sacerdotal ntricte in any f Ta restac you find
the decree of the Ingotaition. And all
not to be proved? fesaion:aciund from
The Foreman--Not to cur satisfaction.
Lord CAMPBELL-- Very well.
d for the Crown, on
tion I direct a veraict to be were t
not
0 guilty; and that
that issue as well as on the plea of r" Port to the Court
special finding I, 4-
by tho thronged court.)
0 course, will
11)01 on the justifies.
loud; cheer was given
• a
when necessary(ll"e ag'3lo. you, gen-
I no:,tlernen, item, ariendanc
your
YOll.7l(RetiewEd cheers')Lordship to understand that
udnisciehrbgeeg t o thank
A -14017—1 beg
We did not consider thinsly
looked at it as a matter of
arid Catholicism. We °
your Lease as regards Protestantism_
fact.
Lord CANP"'--
it cusciention.f.Y. the
.r.„_ oh, lam sure you have dealt with
to, cheer was now given, which
hear,
moment attempt to check.
not for a ,
his Lordship,
versa=
ting the fees
LeAarilLtdbefudge did- a took place between
Some con
nd the Learned Counsel, respedc
to
the jury, ; the jury. All
be paid t,„ but his Lordship said he had no power
to
only
parties agree that it was a
~ hard case:
like
ym
. ing
t nyth
nal fee was paid to each ju
gran- --turnary 'mini
an indemnity, and, accordingly,
immediately afterwards
the aszemhlage dispersed.

In reply to a question as to the possibility of
aid from the local Legislatures in Australia
recovery of loans that might be made in this
c(iborantr to emigrants, the Colonial Secretary on Tuesday
night stated that little dependence could be placed upon
any measure of that sort. The extent of country ren-
ders it difficult to come at the persons of debtors, and
on that account the attempts to advance money by way of
loan to colonists had signally failed. This is a result wijah
must be expected wherever reliance is placed upon la -,:n-
stead of character, but it does not do away with the ad-
vantage of such collateral assistance, so far as it .den
he fairly granted. If loans were made only totfami-
lies who had borne in this country an irreproachable ai.s),m.
during their whole lives, although under the pressus4 ot po-
verty, there could be no overwhelming risk of large per-
centage of them becoming suddenly dishonest when fox the
first time they were placed in a position of independence.
It is this reliance that should form the groundwork of the
contemplated system, and while a full charge should
be made in the first instance to cover the most extreme n'alc
that distrust could suggest, it is impossible not to recognise
that a law precluding a person from holding land while bis
engagements in this respect were unfulfilled would operate
es an additional security. Happily, however, the rush that
is slaw taking place renders those measures which the
friends of Australia were anxious to suggest during
the apathy that prevailed a few months back comparatively
unnecessary. It is merely of importance in referring to the
subject to protest against the belief that while the Chinese
can obtain loans to enable them to reach California upon
their mere promise to remit to the lender three-tenths of
their gains, the state, of the people of Great Britain is finch
that no method can he devised of granting them with safety
a similar advantage. —Times.
THE NEW GEN ERA L REGISTER-OFFICE.--TheREGISTER-OFFICE.--TheAct to provide a New General Register Office, other-
wise than in the city of London or in Westminster,
which received the Roy-al assent on Thursday, has just
been issued. The place fixed upon is " Coward College,"
near Gower-strot.