The Sun.
London, England, 1869-02-27 00:00:00

TIIE CONVENT CASE.

Lae :ne:(Sent, the ':.e.-z:ng away .7a.e p:a7rf:l7.'s ring, he
' said he thought it was an act of unnecessary sruelty and
harshness. After noting the other matters as to the
At last the Court of Queen's Bench has got rid of so
alleged imprisonment, &e.—leaving them to the jury--the
much of the odour of sanctity as hung round the case of
" Saurin v. Starr." The interest yesterday, when Sir
Lord Chief Justice, in conclusion, made an earnest and elo-
Alexander Cockburn commenced his summing up, was quent appeal to the jury to decide the case dispassionately.
The case, he said, is in your hands. All I ask of you is that
greater than on any previous day. The precincts of the
court were filled by half-past nine by an anxious crowd, you allow no prejudices to influence you or your judgment.
who, when the doors were opened, rushed in in admired The current of populai feeling, the echoes of which have
disorder, and occupied every nook and corner. Amidst been heard within these walls, ought to find no entrance
breathless silence the Lord Chief Justice proceeded to con. here. The cries of an unthinking populace ought to find
gratnlate the jury most heartily at their having arrived at no response in the breasts of twelve honest and intelligent
the closing day of this monster case. He regretted so much men, who have come to discharge, and will discharge, one
valuable time had been lost by them, and, on public of the most solemn duties men can be called on to dis-
grounds, that so many cases cf importance had to be post. charge, only according to their right sense of truth and
poned in order to investigate the miserable jealousies of the dictates of their unfettered consciences'. All I ask
convent life, which he thought might have been better, you is to hold, as I in my province have endeavoured to
and ought to have been, investigated by the visitorial hold, the scales of justice equal and even, and, having so
power of the convent ; but the case was here, and they adjusted them—as right, and truth, and justice require—
must do their best to arrive at a satisfactory conclusion let them incline the one way or the other.
upon it. He urged them to put aside all The jury retired to consider their verdict, and were
religious feeling, and recollect that that question absent from court for more than an hour. On their
was not at all mixed up in it. The parties were all mem- return they delivered in a verdict for the plaintiff on the
bers of the same religious body, and they had hound them- counts for conspiracy and libel, for £5OO, including, how-
selves by certain vows, rules, and regulations. The ever, the £3OO, the amount of the dowers, so that the net
question was, whether in carrying out those rules amount of the verdict is £2OO. They found for the
the defendants had acted wrongly. The trial, defendants on the minor counts.
he thought, had acquired a factitious import. The moment the verdict for the plaintiff was known it
ante, and they must take care that neither was communicated like lightning to the multitude out-
party derived any undue advantage from the religious side, and a loud cheer was heard reverberating through
element that was mixed up in it. The plaintiff first Westminster Hall. Thus ended this extraordinary case,
complained of an assault in the stripping in May 1865 ; which while it lasted caused an excitement quite unpre.
secondly, that she had been illegally imprisoned ; thirdly, cedented within living memory. The Lord Chief Justice
that the defendants had converted several articles of hers expressed his high acknowledgments for the services of the
to their own use ; fourthly, of a libel ; and police on the occasion.
lastly, of a conspiracy, which was the most ;
important of the whole. First, to force her from the ; THE DAILY PAPERS ON THE CASE,
convent by ill-usage, and, secondly, having so failed to The Times considers that the conclusion of that aston-
have her expelled, to assist him in coming to a just con- ishing phenomenon of litigation which has been so long
elusion, it would be his business to give them a history engrossing the Court of Queen's Bench is just and
of the case which extended over a period of 15 reasonable. An investigation of a matter alien from the
years. He should commence with her entry into whole spirit of English national feeling conducted
Bagott-street in 1850, dividing the period from that time so patiently and dispassionately is honourable to our
to her leaving the convent into several epochs. The first legal machinery. In the public mind the question has
would embrace from 1850 to 1860-61 ; the next would be hardly been one between Miss Saurin and Mrs. Starr.
from 1861 to 1864, when she was transferred from Miss Saurin hasbeen regarded more in the light of a public
Clifford to Hull, when, as the plaintiff alleged, prosecutor. She and her family appear to have been
the conspiracy and the acts complained of com- unequal to the perception that for anun to speak of rights
silenced, from 18,64 to the time of the commission ; is all but self-contradictory ; but this in nowise detracts
the next what took place under the commission; and then, from the justice of the verdict. The defendants may pos-
the last closing chapter in the history of this painful case, sibly have believed that the plaintiff had ceased at a eels-
viz., the matters of which she complained during the taro date to have in her the making of a good nun ; but the
period which intervened between the bishop's sentence of jury has concluded very justly that, however honestly
expulsion and her final withdrawal from the convent. they may have adopted this belief, they, at all events,
He believed he was addressing twelve gentlemen who be- were thenceforward utterly reckless as to the legality of
longed to the great Protestant communion, but although the means by which they were to act upon it.
they might regard the objects of convent life with dislike, The Daily News declares that the verdict in the Saurin
whatever they might think of the withdrawal of women case is in accordance with the expectation of the public.
from those functions of life on which in the main human We may at least give one of the most curious scandals
happiness rested--of that attempt to obliterate human in- and most remarkable trials of modern times a parting
terests and chill human affections—of that yield. notice. It has illustrated the impartiality of British
ins! up of woman's life to those minute triviali. •
jueetcge:
From and wide tolerance of modern opinion and
f
tieo and petty observances which had been de.first to last no attempt has been
tafied—however they might regard all this as made to import into the trial any theological prejudice.
opposed to the voice of nature—with all such considera- A quarrel between Roman Catholics—it has been settled
times the jury had nothing whatever to do. This was not by Protestants with no other aim than to do justice
a case of a Protestant parent coming into that court to between the parties. Unlike the ancient Roman
complain that his child had been inveigled into a convent; tribunals, our Courts have not dismissed it as merely
they were dealing with the compiaintoe onewhose grievance involving " questions of their law," though it is on such
was that his child was not allowed to live there. And here he questions that the whole case has turned. Although
must pause to declare that the language of the Solicitor- everybody has felt the strangeness and unreality of the
General in reference to convent life had positively startled dim, narrow underworld in which plaintiff and defendants
him, remembering that he was the advocate of a client have alike been dwelling, an earnest effort has been made
who, far from decrying convent life, openly and per- to enter into their feelings and realise their position.
tsistently avowed that her dearest object on earth was to The Post thinks that the picture of con ventual life
continue to reside within the walls of a convent. Passing which the Saurin case has revealed must astanish alike
from that, his lordship's final direction to the jury under those who regard a convent as a paradise as those who
this head was that, if they wished to try the case believe it to be a hotbed of wickedness. The story that
properly, they must try it as if they were twelve has been told, and substantially confirmed both by the
right-minded Roman Catholics. They could not other- plaintiff, the defendants, and the witnesses, has impressed
wise do justice. Next addressing himself to the an idea of conventual life which will not speedily be
pleadings, his lordship said the substantial defence to effaced from the memories of those who have 'heard it,
the main heads of complaint was embraced under the legal whether they be the friends or foes of such institutions,
maxim, " Volenti non fit injuria." Ex concessis up to the
The Standard says that so far at least as the opinion
moment of Miss Saurin's deposition as a member of the
community she had no right to any property. Sub. of the jury can go, Miss Saurin leaves the court with her
sequently to that, although still remaining in the character completely rehabilitated. The moral effect of
convent, her right might have revived. He was, the decision remains unaffected alike by the pecuniary
however, very glad to hear the Solicitor-General declare sacrifices which have been necessary to secure it, and by
that it was not to be contended that the sum paid into court the possibility that the plaintiff may yet lose, through the
was not amply sufficient to cover the head of damages. But operation of legal doctrines, the substantial fruits of the
be owned he was not a little pained that the charge of impression which the story of her wrongs has made upon
assault was to be insisted on. The only foundation for the those in whose hearing it was told. The moral victory,
charge was that when Miss Saurin did not take off her however, will remain with her, no matter to which side
clothes with sufficient celerity, Mrs. Starr and Mrs. the law's glorious uncertainty may ultimately incline.
Kennedy rudely tore them from her. One shilling : The Telegraph declares that the verdict will be regarded
damages would amply compensate such a wrong. At the as thoroughly just in itself, and consistent with the facts of
same time the defendants directlycontradicted the evidence the case ; and the public will receive the issue with none
under this head. As to the imprisonment, it was beyond the less satisfaction, that in all probability they will hear
all question that there had been none until long after no more of Miss Saurin's torn stockings, cold dinners,
the depositions had gone before the Bishop, which had petty faults, and minute crimes. Mrs. Starr, too, will
'produced the final conclusion in the Bishop's mind that presumably return to her convent to reign over the rest of
the plaintiff should leave the convent. The real gravamen her nuns—attended with, we hope, somewhat bettersuccess
of the complaint, and that on which the plaintiff must than followed her governance of this Irish girl, who has
have a verdict—or she must fail altogether--was aroused almost the only authenticated nunnery scandal on
a charge of conspiracy. In order to assist the jury to English soil since the days of the Reformation.
arrive at a just conalusion upon that head, it would be
necessary, said his lordship, to review the whole case.
To that end he would divide the history into five
epochs, commencing with the earliest years of the
plaintiff's conventual life, and terminating with her
departure from the institution at Hull. The whole history
extended over no less than fifteen years. He began thus
early for this reason. If from the very first Miss Saurin
was found setting at nought the rules of convent life, and
defying the orders of her superiors ; or if, on the other
hand, the defendants were found from the commencement
'hewing signs of being actuated by base and sinister
objects in their relations with the plaintiff,
either alternative must have a most important influ.
ence upon their ultimate conclusions. And now he
approached what was stated to be the origin of the ill.
treatment which Miss Saurin had experienced at the
hands of the defendant. Miss Saurin ascribed it to her
refusal to disclose to Mrs. Starr what had passed between
her and her confessor in confession. And here again he
must pause to express how startled he was to find how
the Solicitor-General had dealt with this cardinal
point in the case. Miss Saurin's statement could
have had but one interpretation, and yet the Solicitor.
General did not hesitate to give that interpretation the
go-by. His lordship declared, with indignation, that neither
he nor the jury could permit such playing fast and loose
with the case. Miss Saurin had made a most odious
charge. If she succeeded in establishing its
truth, she had saddled upon Mrs. Starr conduct
the most detestable. On the other hand, had she invented
this story for the purpose of preventing the defendants
travelling back, and unveiling the former years of her
convent career? Then there was the charge of defaming
the plaintiff's character. With respect to the statement
about the alleged familiarity with the priest—assuming
that it meant no more than what those ladies declared it
meant—l cannot help lamenting the language used, which
certainly was too strong. But, on the whole, you must
judge whether the intention was to carry out a purpose
of imposing false charges upon the Bishop in
order to induce him to expel the plaintiff from the
Order ; that is to say, to impose upon him by means
of charges for which there was no real foundation. The
Lord Chief Justice here went particularly into the evi-
dence as to the charges of taking trifling articles, and he
then came to the charge of taking Sister Catherine's medal,
But (he proceeded) that is not all. The witness tells us this
most startling story—that when the body was taken into
the chapel, the plaintiff, having been in attendance on
her in her last moments, went into the chapel, where
was the coffin with the dead body in it, habited as
a nun for burial, and she then describes a scene
which it almost takes away the breath to recount.
She says she saw Sister Scholastica go to the coffin
and stoop over the dead body and take away the sleeves
which formed part of the burial dress, and hide them in
the chancel, and then fold the cloak over the breast of
the corpse, that the absence of the sleeves might not be
observed when they came to close the coffin for ever. If
you can believe that story ; if you can believe that in that
chapel where she was in the habit of daily worshipping, in
the presence of the symbols of the life to come, she stripped
off the graveclothes from the body of her deceased Sister,
that she might afterwards wear them; if you believe
she did an act which shocks every sentiment and feeling
of our common nature, there is probably nothing else you
would have any difficulty in believing against her. There
are, no doubt, great difficulties in believing it. The Sister
who witnessed it never mentioned it until after she
had made her statement for the Bishop ; and it
seems incredible that it should have been done in
the presence of a witness. But it is for you to judge of
tbie and every other part of this painful story. Time L )rd
Chief Justice then went on to advert to the charges as to
stea;,ng the children's dinners, and to the c,mtradictory
evidence,
and in like manner he put to the jury whether
there had or had not been untruth, and whether, even if
the charge was not true in fact, there was reasonable
ground for believing it. No doubt, he said, these reasonable
charges of acts of a most disgraceful character, and if the
jury believed that they were not only unfounded, but
'trumped up, they would have to consider what darnaee
they cool I award to the plaintiff as compensation for
such
atrocious trnputations. Upon that they must form
their own jslgment. After adverting to the commis-
sion (in which he said he thought there had been a sad
miscarriage of justice in not producing the nuns to
ae examined), the Lord Chief Justice went on to lay
down—as to the conduct of the defendants in sending in
the statements to the Bishop—that they would not be liable
either on the count for liable or conspiracy if they sent in
4ent in the statements honestly and bond fide. Adverting

IRISH* NATIONAL EDUCATION.

The report of the Commission on National Education
in Ireland has just been published in a formidable blue-
book. It begins with an encouraging statement of the
increase both of schools and scholars. The year 1867, to
which the report refers, shews an increase of 67 in the
number of schools, of 2,379 in the pupils on the rolls,
and of 5,458 in the average daily attendance, as compared
with the statistics of 1866. There are in course of erection
81 national school-houses, affording accommodation to
10,510 children. Seventy-three schools were struck off
the rolls in the year for various reasons, such
as
insufficient attendance, incompetent teachers, unsuit-
able school-houses, and similar causes. In the
mixed schools, 1,039 in number, which are taught
exclusively by Protestants, there was an average of 111•4
Protestants, and 981 Roman Catholic pupils. In those
taught conjointly by Protestant and Catholic teachers,
which amount to 133, there was an average of 112'3
Protestants, and 100.2 Catholics. In the 2,649 schools
taught exclusively by Roman Catholic teachers, there was
an average of 9•3 Protestants, and 125'9 Catholic
pupils. The commissioners insist very strongly upon
the advantages of their leading rule, which protects
their pupils from the possibility of proselytism. In most
cases the patrons and managers would rather be exempt
from such rules, but the commissioners emphatically
declare that the toleration now enjoyed by the minority
who attend the national schools would cease to exist
if the attendance of that minority compelled the patron to
observe rules from which be would otherwise have
been free. They therefore insist that the protective rule
shall exist in every school. The consequence is that the
Protestants of Munster and the Catholics of Ulster alike
receive the protection which their slender numbers require.
The regulations by which all proselytism is avoided are
very stringent. The religious instruction is to be
given separately, either before or after the secu-
larinstruction, and in either case a notice is
to be put up in the school to announce it during the time,
so that those children whose parents object to their
receiving it may withdraw. The only common doctrine
inculcated is the duty of living peaceably with those who
differ from us. Full particulars are given of the working
of the school forms, of which there are 112, twenty-one
being under the exclusive management of the commis-
sioners. The total amount of salaries, allowances &c.,
a216d7,16171188657. 34(3.t heT
the"numberh eteachers
and
oari'tetaacnhtserosf ianl kindsreceipt
waso
f
good service salary at the end of the year was 504-364
males and 140 females.

DEATH OF A CENTENARIAN.—A Mrs. Pym, of
Ivybridge, Devonshire, has just died, after a lingering ill-
n ss, aged 100 years and 3 montliF.
A deputation consisting of Mr. S. Lloyd, Mr.
Akroyd, M.P. and other gentlemen, from Newcastle,
13irmingham, Exeter, Stoke-upon-Trent, Bradford, Dun-
dee, Goole, Southampton, Plymouth, Bristol, and Leeds,
had an interview with the Right ion. J. Bright, at
the office of the Board of Trade, on Friday, on the
treaty of commerce with Spain and Portugal, the regis.
tration of trade marks, and other matters relating to
commerce.

FIRE AT A L•JCIFEtt FACTORY.—on Friday
morning a fire took place on the premises of Messrs.
Bryant and. May, lucifer match makers, Fairfield-row,
Bow, originating in the drying-house, a building not more
than thirty feet long, and was occasioned by the over-
heating of the stove. In the course of a few minutes this
building was in a general blaze, and the workmen could
only succeed in reselling packets of matches which were
placed in the packing rootn. Whilst attempts were being
made to subdue flames in the drying-house, some
children got playing with the matches in the packing-
room for the purpose of spewing that they would not
ignite unless rubbed on the peculiarly prepared paper
pasted on the boxes, or exposesi to the action of extreme
heat. Whilst so engaged they dropped one of the lighted
matches amongst a vast number of others, and the conse-
quence was that some thousand gross of matches broke
out into flames. It was a wonder that the children were
saved from instant death. The fire was eventually ex-
tinguished, but not until the drying-house was burned
out and about one-half of the packing-room destroyed,
and the greater portion of the roofs burned off. The first
was not insured. Fires took place in the same premise*
on the 13th of October, 1867, on the 9th of June, and on
the 21st of July. 1868.