The Sun.
London, England, 1852-06-23 00:00:00

EVENING/ JUNE 23, 1852,

LAW INTELL tGENC

(S If-:ilfgrzißaTt NOtsFi IQ)rti bfeut,u're:l4-
ca, d
CAMPBELL and a Special Jury)
THE QUEEN (ON THE PROSECUTION uP ACHILLI) v.
INFORMATIoN.
(Continued irom our Afternoon Edition or yeste .d„ )
The next part of the case which was gone into was the
connexion of Dr. Achilli with the college established at
Malta by a committee of gentlemen in England, at the head
of whom was Lord Shaftesbury. Dr. Achilli held the post
of Italian theological tutor in that branch of the college
which was devoted to the reception of priests seceded from
the Roman Catholic Church. The Earl of Shaftesbury, Dr,
Hadfield, President of the College, and Mr. Watts. clerical
secretary to the committee, were examined relative to Dr.
Achilli's conduct there, which, though not marked
by any of the excesses which, according to the
evidence, appear to have disgraced his residence in
other places, was of a nature to cause his dismissal from
the post which he there held While resident there it ap-
peared that charges were brought by an Armenian priest,
named Kaosi, who afterwards absconded, involving Dr.
Achilli and two Italian priests, Saccores and Le.mini, rela•
tive to the introduction of women into the college. The
committee determined to investigate the charge, but failed
in so doing in consequence of Dr. Achilli having suddenly
sent away Saccores on,a mission to Sicily. For this act, and
for having absented himself for an entire month from
the college without leave, the committee in London
dismissed Dr. Achilli from his post.
The next part of the case gone into was the offences alleged
to have been committed by Dr. Achilli in England. The
first witness called was
Harriet Harris, a good-locking young woman of about 20
years:of age, examined by Sir A. COCKBURN, who said—That
in 1850, she was engaged by Dr.Achilli as a domestic servant.
He then lived at Shaftesbury-crescent, Pimlico. Mrs. Achilli
was not then arrived. The first evening that I was
there, Dr. Achilli came down stairs into the kitchen,
and, taking hold of me, tried to put his arms round my waist
and tried to kiss me. He also tried to put his hands in
other places and to take improper liberties with me, but I
would not let him. He tried to do it several times, but he
did not succeed. He asked me, too, if I wanted a bedfellow.
—(Laughter.) He never attempted to take liberties with
me after Mrs. Achilli came back.
Jane Legg, examined by Mr. BADDELEY—I was, in the
beginning of last year, in the service of Dr. Achilli, at
Shaftesbury-place, Pimlico. After I had been there three
months, Dr. Achilli began to take liberties with me. I gave
notice to leave, but he persuaded me to stay on. He had
not done anything worse to me than kiss me then, but very
soon after he came up to me one morning in my mis-
tress's bed-room, and had connexion with ma. He had
connexion with me several times after, and in the end I be-
came in the family way and gave birth to a child on the sth
of November last. There was a gentleman staying at
Dr. Achilli'a then, named Augustini, who also took
liberties with me and had connexion with me.
My baby died soon after it was born. Dr. Achilli never gave
me any linen for my confinement. I never asked him. I
have seen Dr. Achilli since my baby died. I told him that
I had been subpoenaed to come here ; he told mej had no oc-
casion to go, I must shut the door in the face of any one
who came to fetch me.

Cross-examinated by the SOLICITOR-GISERAL —Mrs.
Achilli never found fault with me about my conduct with
men; she objected to a young man who used to come to see
me, whom she found one night behind the back kitchen-door.
There was also another young man who used to come to
see me.
The ATTORNEY- GENERAL —HOW many men were you in the
habit of seeing ?
Witness—l am not obliged to answer that question.
-Lord CAMPBELL—If you have no objection you had better
answer it.

Witness—Well, I had only two, the young man whom
Mrs. Achilli found, and another one.
Lord CAMPBELL—They came to court you 2
Witness—Yes, my Lord. Mrs. Achilli used to say she
would not have any young man coming to see M 9 after dark.
I cannot swear who was the father of my child. I do not
know.

Sir A. COCKBURN—Had any one else connexion with you
besides Dr. Achilli and Auguatini?
The witness remained silent and gave no answer to this
question, which was not pressed.
Sarah Logan—l am the wife of John Logan, an en-
gineer, who lives at 11, Shaftesbury-crescent, Pimlico.
lam the sister of the last witness. She was delivered

at my house. Dr. Achilli came to my house to take
lodgings for two friends. Subsequently a clerk from
Mr. Lewin's came to inquire about my sister. I sent to
inform Dr. Achilli about it. He came to me one day,
in the evening, and said that Mrs. Casteliini was em-
ployed by Dr. Nevvman's party—that Dr. Newman was
a very bad man, and he hoped to have him sent to pri-
son. He said if the people came again I was to shut the
door in their faces. I said it had been a great expense
to us having to keep my sister, particularly as the baby
had died in our house. He said " Yes, yes." He said
nothing more, except that he would come again, and
repeated that we were to shut the door in the faces of
any persons who came to serve us with subpmaas. Two
or three days afterwards he came again to us. We had
then been subpoenaed. We showed him the subpoenas,
and he said he thought they would not compel us to go.
He said that he thought nay sister Jane had nothing to
say against him. I said, "Of course, sir, you know
what passed between you and Jane." He made no an-
swer. Nothing more was then said. Some days after
he came again, about an anonymous letter which had
been sent him about my sister. It said he ought to be
ashamed to draw poor domestics into trouble, and not
bear them through it; and that unless he sent 5/, to
defray all expenses, he should further hear of it. I said
that I did not know who had sent it. Dr. Achilli said
that it mast have come from the same parties as the
subpoenas. ' _

Cross-examined—Dr. Achilli talked to me in English
on every occasion. I cannot tell from where my sister
cams to my house. Dr. Achilli's friends remained in
my house until after my sister was confined. I believe
that it is owing to Mrs. Castellini that we were
subpceaaed. I did not wish to come here to be mixed up
in,the business, and therefore I said to my sister, on see-
ing her talking to Mrs. Castellini after we had received
our subpoenas, " I had rather spit in her face than talk
to her."—(Laughter.) I did not wish my sister to have
anything to say to her.

' Re-exammed— This was after I had seen Dr. Achilli.
Sarah Wood--I sea aged 19. lam now living with
my parents at Windsor. I have lived in the service of
Dr. Achilli. I entered his service in March of the year
before last. I believe it was 1852.—(Laughter.) I came
to his house from an establishment called the House of
Mercy, at Windsor, presided over by Mrs. Tennent.
When I left his house•l went to my parents. I have
been with them now about five months. He took liberties
with me after I had been with him about a fortnight. I
went upstairs to clean out Augustini's bed-room; and
while I was there, Achilli came in; he followed me
several times round the room and tried to put his
hands round my waist, bat he did not succeed, as I
walked away from him. His proceedings were inter-
rupted by a knock at the door. He ran down stairs
and commenced writing. I went down to see who
it was, and found it was my mistress, who had re-
turned home for her parasol. After she went out again
I went back to tho bed-room, and he followed and re-
newed his attempts. I walked away and began to cry,
and threatened to write to Mrs. Tennent. He said if I
did I should be a very naughty girl. Ho subsequently
gave me a religious book, the title of which was ..Come
to Jesus." About a fortnight afterwards, when Mrs.
Achilli was out, he called me into his dressing room to
dust the table. I knelt down for tho purpose of dusting
the logs, and while I WAS doing this he bolted the door,
and then taking me by the shoulders threw me with
great force upon a bed. I resisted with all my might, but
could not get away. He was intimate with me then
against my will. I told him I would leave. I stayed five
months afterwards, however. I loft because I was so ill
that I could not stay any longer. My father then came
to take me away.
Cross-examined—The House of Mercy is a place for
woman who have misconducted themselves. I was taken
in there on the recommendation of Mrs. Tennent. I was
in the house about nineteen months; I was eixteen when
I went there. Mrs. Teneens recommended me to Mrs.
Achilli. I am a Protestant. I fasted during part of
Lent, while I was with Mrs. Tennent; but not
while I was at Dr. Achilles. I had not a
hymn book to the Virgin Mary. Some people say
that the House of Mercy is a Roman Catholic establish-
ment; but I believe it is not. Mrs. Achilli told mo
that Mrs. Tennent had been a Roman Catholic, but
had left that religion. I told no one of the liberties
which Dr. Achilli had taken with me until about four
months ago, when one of Mr. Lewin's clerks came to me
at Windsor. I did not then tell him aboat the worst
part of the liberties. Three or four days afterwards,
however, my father and mother questioned me about the
matter, and I told my mother ail. They told me I
should tell the truth, and I then got a woman to write to
Mr. Lewin to tell him all that had passed between me
and De. Achilli.
Ro-examined---a had been seduced before I went to
the House of Mercy. I went there in consequence of
he ving quarrelled with my family.
By the COURT —1 was away from my father's house
about three days before I went to the House of Mercy. I
had been seduced aboatsix months previously. I first went
there without his knowledge. I had been to school, but
I loft as I could nurse the baby. Qnly ono person had
had anything to do with me before I went to this house.
Catherine Freeman—l live at 6, Great Smith-street,
Westminster. I once lived in service with Miss Lam-
bert. 3, St. James's-street. I lived with her feom 1843
to 1849. Dr. Achilli came to lodge there in 1847, before
he went to Melton. About six months after he came he
attempted to take liberties with me, by putting his hands
about my waist. He asked me to confess to him.—
(Laughter.) I got away from him. On one occasion
subsequently he asked me to show him the name of a
street on the map. As I went up to the table for tho
purpose he pressed his body against me. I went away
am aCatholic, and
directly. I mentioned these things
to Lay
confessor.
Dr. Achilli while at Miss Lembert's
was irregular in his habits, and used to come in late at
night.
Cross-examined—Miss Lambert was a dressmeker. I
never told her of this conduct on the part of Dr. Achilli.
I was first applied to about coming here by Mr. Simpson,
of Clapham common. He is a Roman Catholic, living
upon his ownproperty. I have also seen Father Hut-
*woe. at the Oratory, about it. He came to me about a
c.2101E after Mr. Simpson.
James V. liarting—l am a solicitor in Lincoln's--
ma-fields. I was employed in November or December
last toseeo abroad to collect the evidence necessary in this
went first to Rome, then to Viterbo, then again
ctoaseltorne, then to Malta, then back to Naples; alter-
wards once more to Rome, and thence home. At Vi-
terbo I entered. into communication with the bishop and
his vicar-general, and with the priors of two convents. I
communicated also with the police authorities at Vi-
terbo, and the apostolic delegate. The gonfeloniere of
Viterbo told me that he could net furnish me with any
police documents to be used in this care, because they
had all been destroyed in the last revolution. I applied
to the police authorities there for the documents in
their possession. I applied to the Minister for Eccle-
siastical Affairs, and I now produce an examined copy
of a report from the Minister of Police to the Minister of
Ecclesiastical Affairs, with reference to cases in which
Achilli was concerned.

The ATTORNEY-GENERAL objected to the reception
of this decuaitut as evidence of the 21st plea (winch
set forth that in an official document of the ineeropelit.,n
police
licltq was rep fl
li reported fee de'h.red to be known
- -A^ • - n •
copied from a document is the archives ot the Ministry
for nebitual incontinercy at Nenles) because it had heal
of Esclesiasticel Afftirs, which was not authenticated as
a report of the Minister of Police.
After a short discassion,
Lord CAMPBELL ~held that the document was not
sefficientiy authenticated, and it was accordineny not
received.
Witness then continued—Afterwards went to Rome
and Applied at the Court of the Inquisition for a copy
of, the judgment of that court effecting Dr. Achilii. I
Vanirc:u for tee
Fruotra2intted is copy un.uher teal of the_ judgment of the court
tee notury of the court. There is au office in the
no persueal k
per,on ;
by
wbcoretery of the
SOLICITOR GENERAL—I have
e tstexuilinetrdabnyemtibteofs. business of this court.
I was toad
• by the aese ret Inquisition that this
knowledge of the practice of the Inquisition.
tem the .....___to
aut_ ,ss tr the
Monsignori,
Talbot, th"eupYriLvate vell'n"ezt° documents.traduced- me
Pope, in
to
to the
Monsignors Talbot before. ws.s in turn introduced
the notice of the inquisinltorl
•---(Sensation.) I had known
C The Right Rev. Dr. Grant—I am an English Roman
atholic bishop.
Lord CAMPBELL--I Will not 1,-
(Laughter.)
Witneis—l was a resident in
ase• You of what see.—
years. I was for some E
Lime the bead
College then at Rome. During my resides Rome nearly fifteen
the English
lee there the
!ce is
acquaint-
matters with which I was charged led tßoornee.
ance with the business of the courts of
the court of the Holy Office or Inquisition. Its 1 kncw
in the Vatican. I have seen documents purporting
be under the seal of the court. I have applied itnegtit,oe
court for documents, and documents for which I pea..
tinned have since been furnished to me. They had
affixed to them a seal, purporting to be that of the
court. They were similar to that affixed to the docu-
ment now produced, which I believe to be a document
emanating from the court.
Cross-examined—l have received documents from the
Inquisition, but I do not know that I have seen this
particular form of seal before. I have been told that
the office of the Inquisition has been removed to the
Vatican, where it was when I knew it, but I have no
personal knowledge of the fact. The Court of the In-
quisition has the supreme jurisdiction over the Catholic
clergy in matters ecclesiastical—that is with respect to
the higher crimes. lam perfectly acquainted with the
law with respect to these courts, having been frequently
consulted by Cardinal Acton on points of law connected
with the jurisdiction of these courts. The jurisdiction
of the Court of Inquisition exists in different states by
the consent of the Governments, who have to some extent
dictated its proceedings. Its jurisdiction varies in different
states.
The Attorney and Solicitor General and Mr. Ellis
then briefly contended that there was no sufficient proof
that the document produced was an authentic copy of
the judgment of the Inquisition.
Lord CAMPBELL remarked, in the course of the argu-
ment, that this was the first time since the Reformation
that the judgment of the Court of Inquisition had beers
tendered in evidence in an English court of justice. His
Lordship, then, after hearing defendant's counsel in reply,
said:—The opinion of the Court can be asked as to
whether this document can be received in evidence
or not. lam clearly of opinion that it can. Looking
at this document I find that it is a copy of the pro-
ceedings of the Court of Inquisition. Thank God
that we have not in this country a tribunal of inqui-
sition,—(Applause.) But I am bound to believe there
is iu every Roman Catholic country such a tribunal, and I
that such a jurisdiction is exercised at Rome, but,
thank God, it does not extend to this country.—(Ap-
plause.) This country will, however, be ready to receive
documents °renaming from courts of justice in other
countries; and I nue inclined to think that in receiving
this document I am not in the slightest Jaeger
of doing that which may prove injurious to the Pro.
testant religion of this country. The document was
then admitted, his Lordship remarking, while it was
obVl'read—'I do not receive this as I should a record.
g a
Court of Admiralty as conclusive evidence of the
facts, but only as evidence in support of the defendant's
allegation that there is such a judgment in the Court."
The original document being in Latin, the following
translation was read :
"1, the undersigned notary of the Holy Roman and
Universal Congregation of the Inquisition, do testify
that, after a complete investigation of the proceedings
instituted in the holy office against Father Hyacinth
Achilli, priest, religious professor of the order of
preachers, it is proved from the same acts that the said
Achilli, having been examined by
the established au-
thorities, confessed himself guiity of having held carnal
intercourse whilst he was living in the monastery of
Viterbo with many women; also of having deflowered
another who was a virgin in the city of Mount Faliscue,
and of having carnally known two other women at Capita.
Moreover, it is discovered that he made another girl
at Naples a mother, and that the superior of the
order of preachers paid fifty seudi to another woman
who had been corrupted by the said Achilli, in order to
make amends for tho injuries done. Lastly, I attest
that on account of the crimes of the above-named, and
other crimes of which mention is made in the acts after
mature and deliberate examination of the heavy charges
resulting from the acts, after having weighed the charges
put forth and considered other matters according to
custom, and after having mercifully accepted the confes-
sion of the accused himself and his own declaration of
the following tenor:—'l do not ask to be chastised,
nay, rather I desire to be severely dealt with on my
own showing, according as justice demands. I will re-
ceive with resignation whatever punishment may bo de-
termined upon, and supposing there were wanting suf-
ficient reason for proceeding with greater rigour, I de-
sire that confession be considered sufficient grounds for
punishing me as the said tribunal shall think best,'
their Eminences the Inquisitors General on Wednesday,
June 16, 1841, in the Convent of Santa Maria-super-
Mienroam, decreed that the accused Father Hyacinth
Achilli, after having been for ever suspended from the
celebration of the sacrifice of the mass, and for ever dis-
abled from any sort of direction of souls, and preaching
the Word of God, and deprived of active and passive
voice in the government of his order, and after having
had salutary penances imposed upon him, be condemned
to remain for three years in some religious house of his
order of the most strict observance.
" Given in testimony of all these facts for the Chan-
cellor's office of the holy office, on this day, September
22, 1851."
The defendant's counsel then tendered in evidence ft
document purporting to be a copy of a petition presented
by a man named Nicole Garamoni, to the civil tribunal
at Corfu, in which he alleged as a defence to an action
for alimony brought against him by his wife that she
had been committed for adultery with Achilii. This
document was tendered as proof of the 22d plea, but its
authenticity having been objected to as insufficient, his
Lordship rejected it.
William Nicholi was then called, and said—l am a
Dominican friar. Every one becoming a member of
that order takes the three usual vows of poverty,
obedience, and chastity. Every priest, whether of that
order or not, carries under the obligation to chastity.
Sir ALEXANDER COCKBURN was then about to adduce
evidence to show that if the ,tefendant's charges against
Dr. Achilii were true, their publication was fur the pub-
lic utility, when
The ATTORNEY-GENERAL said that he would not
trouble his Learned Friend to prove this, but would at
once admit it.
Sir ALEXANDER COCKBURN stated that that was the
case for the defendant, and the Court then (at a quarter-
past
eight o'clock) adjourned to half-past nine o'clock
to-morrow.