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

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[PRICE SD.

trutlflhoof
lowed him to every part of the British dominions? and
Yet the Committee of Management of the Malta College,
!after Dr. Achilli had gone from Zante to Malts, re-elected
hicn as the manager of that college. Even supposing,
Loeu were to admit Mr. Reynolds's statement, where is
that statement of Mr. Reynolds. If the charges
were true, Dr. Newman might hav proved the facts:
of the adultery? I deny that there is any
we wiji zo
to
,chaege 15, which is, "I am that profe-
sor in the Pr
others, w.- lhe'u'll"t
.., (Asmissert f
rom my post for offences whieb
the authorities cauld not get themselves to describe."
Now what is the justification?ctz They say that .he was
the professor at the
period hindered and college
clear thatihese were the
College of Malta, who, with two
at Malta, and daring that
*Lrated nn investigation then
pending as r: girded sscuc
lege; that they were supPoseri6'ts living at the col-
,lag to send
come familiarity. Now at that timeo
London, and, thei-cfore, his heir, • Dr. Achill' was in
cations falls to the ground. H,,k'nuocludcd in the impli-,
of the Armenian, recommended that knowing
the cl.'arseter
be dismissed. An investigation
tvf°°B
and
Lch°arliiii:). eel: :u'iltity of
took e
icharga should
cares and Lc_Aonini were. discharged. Pubrica/c.v; and t-"Ec-
Shouce.cTremslitnoici4ticedilyto; thhaet cW)iitiheg
o.:tthaa'tt haollirhd:vgire:" (PenlY
to these charges. Dr. dehilli did not -seem 'Forceofetee"
that there was any truth in the statement of the rd"
then; bat Dr. Bonaveri sags Dr. Achilli, in an angry
tone, tone, told him ho was a married Man and too scrupulo"o;
But lot us seo whether it was ever intimated to Dr.
Achilli that he was dismissed for having seat Saccares
away. On the Bth May a resolution was put on the
books that it was not desirable to'ke&:p up the College at
M•slta, and therefore ordered notice thereof to be given
to Dr. Achilli on the 19th Juno.

Lord CAMPBELL said he thought Lord Shaftesbury
might ho asked what otiler reasons there were, and,
thuretore, he should have that nobleman sent for.
Tile ATTORNEY-GENERAL resumed—Dr. Achilli
,wror,e. a isW.4o4suiphiiiikipg -.
:of his dismissal, n,cl ty:?.4 is
December, 1848, they wrote to'say the chirge was his
ebscnos 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
Nfainst 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.

Tile Earl of Shaftesbury, having been sent for,
came into court, and was examined in the following

Ma 111.16: :
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 intension
to appoint Dr. Achilli as the head of that branch and
of the 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. Achilti to take
the chair in that inquiry. Dr. Achilli went to Malta, 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-
dress. I !eel 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 rest for ever. I must again refer
to the letter of December, to show that the management
could not have imagined be was a person of scandalous
character, because they say " It is with regret, for the
reasons before stated, we can no longer allow yen to re-
main in the office." I now revert to the charge 16, that
Dr. Achilli had acted indecently with Harriet Harris,
Sarah Wood, and Catherine Gorman. I wish first to
draw attention to qualify the diluted terms in which the
charge is alleged as regards Jane Legg and Sarah
Wood. There is no charge of adultery there. When
the charge referred to anything abroad there was no
limit to the language. New, with regard to Legg and
Wood, it true he had committed adultery with them, I
wish to show that as time ran on the witnesses became
stronger in their statements, and the charge ripens
against Dr. Achilli. Here are four witnesses; three
servants state that liberties were taken, and two others
actual adultery committed. In all these instances there
is no one occasion upon which any complaint was made
to either Dr. or Mrs. Achilli. My friend almost gave
up Jane Legg. In consequence of the alteration of the
law there was no great merit in Jane Legg not having
affiliated her child. She could not bring forward 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. Mrs. Logan, who is the sister of
Jane Legg, complains that the maintenance of Jane
Legg has entailed upon her considerable expense;
but in any application made to Dr. Achilli to
contribute towards the expense, did he ever give any
hush-money—did he endeavour to stifle any statement
they were inclined to make? If Dr. Aohilli had been
such on immoral man, why should she show such anger
at being called as a witness, because she said she was in-
clined to epic 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 5/. 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. Achill!, that the statement is
false? None of the parties had even applied for any-
thing. Bat 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 biro. 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 Won to
have remained in her house bad he been such an aban-
doned character. I ask you whether, after the evidence
of Dr. Achilii—you have seen the persons who have been
prodeced—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 docu-
ment 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 aces certain authorities there.
Some ono interfered so as to procure a copy of the
judgment. So secret are 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
in consequence says,
teaching, he was placed in the Inquisition; but he denies
ever having confessed at all that ne 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 certificate 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 he 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 over 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 am
much interested in considering what that part of the
judgment may be, but I say it is a gross accusation, and
no proof of such a charge having been made, Dr.
Achilli has completely acquitted himself, and
stand
duty fairly,
ready to receive your verdict, which he doubts not wills
cinogmtmheitmtoosytoeunrtire soundrreliance
iat,
be a verdict against Dr. Newman. I have gone thro h
the various charges in detail, and addressed these uol-
saenrdvaltisoint set,
owwhnichhalv
judgment. I trust that I have performed my()orate
undeedeli' ---
forcs of truth, and I trust my case most confidentlyupon the
your impartial judgment. to
Lord CAMPBELL then proceeded to sum
Gentlemen of the Jury—l am sure it is .111:1 the case.
sary for me to express an anxious Wish quite unnece
devote your earnest attention to the that you will
it with the utmost impartiality, sncmase, and consider
has been expressed that you may Ce apprehension
prejudices; of that I sincerely beli have imbibed a the
slightest ear. If you were all belle
there is not
sad the
credit of the Protestant religion ~,,, Protestants,
are
_____
you would look at the question as at stake,
.:J;
try, end
end
decide upon the evidence brought ou had t But,
before you. .,,
gentlemen, I must go further not see why 16
should be said that the creP' I do
Protestant religion
is at all at stake. The Alt of the Achini is at
character
stake in the deepest manner,of product is imputed ,
to him when he woe a • but that
Roman Catholic re-
ligion, and I do not
sec,prte3t of the
n discredit to the
how that is a
Protestant faithwhich any it should turn
profess.
out that there had been we
p'n ff gate Roman Catholic
priest who pretended
a profligate
overl to the Protestant
persuasion ho Would deservetoe°l3l° credit for his profession,
nor rob his new no
owing 1 .
't• Then, gen-
tlemen,
Communion bY i -
us to Dr
• Newman, lam sure there Is no a d nger
of his being look p unfavourably eu although
bly by s', ~
he has left theeVriZallant religion, and is nor, as
Roman
we are told, a v zealous champion of the .
Catholic Ch ery .
Church. I give hiin credit for sincerity in the
hich I think better than for
course he has adopted; w-- any such in the Church of
any &tern mais—if there bin
Catholics in their hearts,
E9glatld who really are Roman
and would wish to be •
—still pretending Roman Catholics in their practice
to remai
of education and honour adopts
"Y that though be
England he left it from conviction,
a in our Church. When a man I
.if h
did once belong to the Church of 1
and has relinquished ;

C~-L2--~

all its advantages, no imputation can be cast upon him
in that respect. But he may in other respects act un-
wisely. I must say that Dr. Newman,
and
recklessly,
Dr.
Achilli, acted I should say rashly
al-
though he might well believe the truth of neasys'aid
because he is asserting a number of facts oafi
could have no personal knowledge; and in rewspisiccht he
which he might be mistaken. At the same time, -
say that he has conducted himself with great propriety
in at once taking upon himself the responsibility of
as-
sorting these things. This being a criminal information,
all the Court says by granting 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
libel you have beard. I must say, there can be
no doubt it does amount to a libel, because it
does convey a very grievous imputation upon the moral
conduct of Dr. Achilli; and there is no occasion for
making these charges which would exempt Dr. Newman
from the responsibility which belongs to making such
charges. There are two pleas put upon the record.
The first is not guilty. It seems to me there is no doubt
upon that plea. and your verdict must be for the prose-
cutor, because the publication is, allowed to convey very
grave charges. Formerly that would have been the only
qudsticin you would have had to deter:nits., but by the
present lass those who are charg'd with having -pub-
lished such libels have the opportunity of proving that
they are true, and that in publishing them the party was
actuated by a laudable motive. 'lbis is a considerable
improvement in our law, and takes away the reprosch
that by our !awake greater the truth the greater the
libel. Now, gentlemen, it will be for you to say, upon
the evidence laid before you, whsther the various iespu-
• .tations alleged in these pleas by Dr. Newman are et-
tablished. With regard to some there is hardly any
evidence; . with ,regard to tome ihere is most, signal
evidence; and it is for you .to say. whether you. be-
lievo that evidence; an 3 if you believe it, arkr-de not
believe' the eyideece by which it is met, ,Ell far it
will be your duty to fled that the imiintitions are
true. You will be furnished • with a copy of thi se
pleas, and I shall ask you to tell me whether you be-
lieve, that each or all are proved, or whethsh you be-
leve teat any of them are proved, or if you make a clis-
kneticia which you believe to be proved. You may
__ad that none of theni is proved. I think you can
hardly fin
t o you ovlno toa d that all of them arc proite. To enable you to
Clear conclusion, I will read over the evidence
with a few observations ss I proectd, merely for
your assistance,always earnestly advising you to form
your own opieion ndusey observe, sere'epat
not to be ul• fitienced by anything I
think thst after the with your approbation. I
_ it meets ,
one _esaian dove ry eloquent speeches Ou heard,
e.itinat Oatne to a ati3 credit to the"4l.Siglir.uuralou
of the evidence iseagalsitet4"Yee e Lerde
ship then read over eve: -milted to you.
outclution ant iiith
first evidence is that of ever of the evidence.
believeTte
her story, it abundantly establishes
there is no corroboration. Valente. If you
TLEiBhes that charge, but
pica
about Ross Aletsandria deserves in the
cause she is living, and does no: great attention, he-
if you think ber being in the fatnire forward. Still,
excuse for her not being here, tiaajci733l. is a sufficient
next charge seems to me to be the very
well. The
all, because it • is clear that it is no recent
serious of
in-
vention—because years ago that charge ivasb,nng
ht
against Dr. Achilli—it is with regard to --nlaria
Principe. Yon have two witnesses, the daughter a
mother. The daughter immediately told her Zh'r
the
and it is whether you believe the daughter and the,
mother. Dr. Achilli denies this. but admits there bad
been some
.scandal at the time. Now we come to Corfu.
The evidence of adultery with Garamoni is not at all
clear and satisfactory. Then we have Mr. Reynolds
called. He was a very respectable man, but a very ea_
traordinary story he tells. That Dr. Achilli had been
absolutely sleeping with this woman, and yet he should
come up almost daily, and his toying with her is very
extraordinary. It is strange 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 stare of things should go on almost daily.
You have the charges at Corfu, and Zente, and you will
hare 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 dismissed for immorality. The decree is Nary strong
evidence to prove such a sentence was pronounced. The
court is presided over by men of probity and learning,
and we cannot for a moment suppose that they meant to
impose upon us; but 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. With 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 to answer raises a convic-
tion in your estimation. You must draw your own in-
ferenoe 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. Thia news-
paper, lam told, contains a correct copy of the plead-
ings, and you will say if any and which are proved. I
have done my duty to the best of my ability, and I am
quite sure you will properly discharge yours.
The jury then (at about half past eight) retired. They
did not return into court until eleven o'clock.
On their return it was asked, " Are you agreed on
your verdict?"
TheiForeman—Yes; on the 19th charge we find proved.
All the rest we find not proved.—(Sensation and partial
cheering.)
Lord CAMPBELL—The 19th charge respects Dr.
Achilles being deprived of his professorship and pro-
hibited from preaching and hearing confession. You
find that to be proved?
The Foreman—Yes, my Lord, proved.
Lord CAMPBELL—And you find none of the other al-
legations proved?
The Foreman and several jurors—No, none of the
others.—(Here the people in the court, begining to un-
derstated the verdict, burst out into a vigorous cheer,
which no one attempted. to suppress.)
Lord CAMPBELL—With regard, then, to the plea of
not guilty. The firet 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 what we find.
Lord CAMPBELL—No, understand me. The Erst 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 al 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
is then a verdict for the Crown on that. Then we come
to the justification; and on the justification you find
that the only part of it which is proved is the 19th, re_
ep-ctiog Dr. Achilli being deprived of his professorship
arid prohibited from preaching, and from he,Xi "
ng
donfessicn.
A Juror—Yes, that is the verdict.
Lord CAMPBELL—Wait a Leon:teat; and let
me
That is (atter a pause), you find that it is true see.
alleged in the decree of the Inquisition, so 'f Which is
decree goes? 'fir as that
A Juror—Yes,
Lord CAMPBELL—SO far as that decree
don't find as to the reasons for the decree, goes. You
decree itself? but as to the

The Foreman—Yes, only that.
,Lord CAMPBELL—Very well. Then you find it to be
true that Dr. Achilii was suspended from the celebra-
tion of mass, prohibited from
any core
of souls, and
from preaching, and from lif3ariug confession, and from
exercising his sacerdotal c'flice in -
a y v, according to
the docree of the Inquisition. And all rest you find
not to be proved?
The Foreman—Not to our satisfaction.
Lord CAMPBELL—Very on the justifica-
tion I direct a verdict to be .
weil Then
entered for the Crown, on
that issue ne
w.ll as on the
lea of
not guilty; and that
special finding I, 01 co plea report to the Court
urse,
when necessary.—( in a loud cheer was given
Here aga
now by the thronged discharge you, gen-
tlemen, from Court.) I h
and I beg to thank
you.—' Your attendance,
(Renewed cheers.)
Lordship
A Juror—I beg our Protestantism
to understand that
consider we did not this case as regards
and Catholicism. We only locked at it as a matter of
fact.
Lord CAmpriELL _ob, I am sure you have dealt with
It conscientiously i cheer
was now given, which the
Another hearty not for acmoment attempt to check.
Learned Judge ; took place between his Lordship,
Some conversactic_n
Learned Counsel, respecting the fees
Oahe.o
y.
the jury,All parties agreed that it was a
to be paid ,a.lb g hisr Lordship said he had no power to
" hard ease!' like an indemnity, and, accordingly, only
grant any nominal fee was paid to each juryman.
the caste Yafterwards the assemblageersed.
Immediately disp

In reply to a question as to the possibility of
obtaining
for the •
aid from the local Legislatures in Australia
recovery of loans that might be made in this
~„„„try 0 emigrants, the Colonial Secretary on Tuesday
;lg.-La stated that little dependence could be placed upon
sinv measure of that sort. The extent of country ren-
cle-r's 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 which
must be expected wherever reliance is placed upon law in-
stead of character, but it does not do away with the ad-
vantage of such collateral assistance, so far as it can
be fairly granted. If loans were made only to fami-
lies who had borne in this country an irreproachable name
during their whole lives, although under the pressure of po-
verty, there could be no overwhelming risk of a large per-
centage of them becoming suddenly dishonest when for 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 risk
that distrust could suggest, it is impossible not to recognise
that a law precluding a person from holding land while his
engagements in this respect were unfulfilled would operate
as an additional security. Happily, however, the rush that
is now 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 such
that no method can be devised of granting them with safety
a similar advantage. —Times.
--

THE NEW GENERAL REGISTER-OFFICE.—The
Act to provide a New General Register Office, other-
wise than in the city of London or in Westminster,
which received the Royal assent on Thursday, has just
been issued. The place-used upon is " Coward College,"
near Gower-street.