The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-11-26 00:00:00

COURT OF QUEE

s BENCH—Nov. 22

HEARNE V. STOWELL

.etkior peitAt ut
Man c ter,

nun of th

the Liverpool assi-

laintiff

was in the foray.)

Ir Mr. Stowell read at a meeting which
irpose of petitioning the legislature not

College. The paper con-
it was represented that a
me of O'Hara going upon
üblic road, asked him the

O'Hara, who nay a Ca

penance for his sill,

The po-

- -
l not atone for his sins in any other
:lowered that he could not, and that
to be Mr. Hearne, would not give
t unless he had performed the penance ;
penance lour days already, and when
it nine days more he should go to Mr.
The declaration

for the sacrament
>assage, alleged that the statement was
rpose of bringing the plaintiff into dis-
sh the respect which he already enjoyed,
issing, and oppressing him in his cha-
priest, and lowering him in the estima-
arge, and of his own friends, and of
performance of his duty as a Catholic
a priest named Wood, and 1)r. Mur-

of Glasgow, deposed that no
to impose such penances as a

aistration of the sacrament,
ch a performance was liable
. The learned judge who
_ e question for their decision
calculated to injure Mr. Hearne
id a priest, by representing him
ace degraded him as a man, and
oi his duty as a priest that it
abject him to be deprived of his
If the jury thought the imputation
ed was made in the sense which had
lust follow that the publication was
was entitled to receive damages
try which he had suffered. A
lling upon the plaintiff to show
lict should not be set aside and a new trial
e ground of misdirection by the learned
! judgment should not in any event be ar-
;round that the alleged libel, as set out in
.id not, in fact, contain any direct charge or
Mr. Hearne at all.

Id the jury

eral now appeared to show cause against
-!ntlecl, that whatever technical defects
rm of the declaration were cured by the
hich had been found for the plaintiff, in-
d judge had expressly called upon the
ether the publication in question was
) lower the plaintiff in the estimation of
it also had produced such a conse-
ast have decided those ques-

whethei
As tt

ative (for they could not otherwise have
he plaintiff), the objection to the want of
allegations of the declaration was cured

jury having,
imputed to tl

:herefore, in
e plaintiff a

t the p

iable to be sus-
Alculated to do him a
ssion, be (the Solicitor
)urt could arrest the judg-

luty, for which he was

in his sacred I]

Murphy followed upon the
id contended that the question of libel or no
Ily left to the jury in the same manner as had
m the present occasion, and that the charge of
edge who tried the case was, therefore, per-

well submitted that the rule for the new trial
nude absolute, or that in any event the judgment

ed, upon the ground that the declaration
'to allegation whatever that Mr. Hearne had or-
ance of the penance, or that his doing so,
was in any degree contrary to his duty as a
With regard to all that had been said about the pre-
iich were made by the jury, it was to be ob-
ry could neither presume nor find anything
ind that upon the present re-

which was
was no is?.

at all upon the matters which they
!.d to have presumed. If the propriety or impro-
Induct said to have been imputed to the priest
;n issue, the plaintiff could have called wit-
, such penances were frequently imposed
.holic church. It had been certainly
of Mr. Hearne's having ordered the
penance in question would be to cause
,ended. But such effect was a matter
Ae the question which the jury were to
mcd no ingredient in the decision, as there
don upo❑ the record that the plaintiff had im-
defendantthe commission of an act which would
to the censure of his own ecclesiastical superi-
)bject of Mr. Stowell was manifestly to show the
Lritv and truth of the protestant over the catholic
d itwould certainly be a most alarming doctrine
it such a statement was a libel, and that the
ill persons who might entertain the same views

ice oft

Stowell did upon the subject of what he consiiered
stition of the catholic church were to be stopped
Lture. It was alleged in the declaration that the de-
lad made the statement in question with a view to
" the plaintiff in the execution of his duty as a
niest ; but it would be an extraordinary doctrine to
this was an illegal purpose. There were thou-
persons in this kingdom who considered it their
impede" the catholic religion as much as they
d some thousands of speeches had been made with
in the metropolis during the last ten years. To
all these speeches were slanderous would be as
❑ary as it would be alarming, and he (Mr. Cress-
fidently anticipated that the court would never
inch a conclusion. With regard to the statement
light he observed that the man O'Hara did not even
dr. Hearne bad ordered him to do the penance, hut
he (O'Hara) thought that sinless he performed it
would not administer the sacrament to him. The
for anything that appeared in the statement, might
a maniac or a person labouringunder the conscious-

penance upon himself, under
the opinion of the priest upon

)n followed on the same side.
i sat till six, took time to consider their

.u, however, intimated that they inclined to
,t the paper complained of contained no di-
inst Mr. Hearne at all.