The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-02-13 00:00:00

EXTRAORDINARY TRIAL.

A trial of a very extraordina.iy nature took place at the quar-
ter sessions for the county of Mayo, held iu Balliurobe, before
the aesiatan, barrister, 111. Fallon, Esq. on the 3d instaut. It
was a claim for donages, by reason of au outrageous assault,
committed by the defendant, Martin Foley, and others, en the
person of Mr. Macdonald, iu the chapel of the parish in which
he resides.
Mr. Thomas Kelly 'Stated the case.. As attorney for the
plaintiff its this extraorditairy:case, . it is my duty to lay before.
the court the facts which shall be proved in evidence, and upon
which thy client claims cempensation. It is a painful duty, as
it unfolds to the public eye another of those many instances of
,sacerdotal delinquency,- which the free spirit of the age is drag-
' eing to the light. Unhappily the priests of this country—and
7 speak it with deep regret, being myself a Roman Catholic—
are divided into two clauses : one is literally absorbed in the
vortex of politieat agitation, and, abandoning the peaceful du-
ties of their calling, are hurried aways amid the storm and
strife of earthly politics. When, like Prospers), they should
calm the troubled spirits that walk through the land, they rather
stimulate and:ballot) theni onward in their work ! The other
class consists of those who, addicted to low geo.velling habits,
exercise the most outrageous tyranny over their flocks,
..in ex-
torting imams:, to enable themselves to indulge in their
no-
seemly patpeesities, se- that, when they .should be shepherds,
caring for their flack, they are no better than wolves devouring
the sheep t Now, the case which it is my duty to lay before the
court partakes a little of the latter character—amid .1 gee sorry
to say that it exposes to public view a very extraordinary anti
lamentable state of society. It will be right fur me to detail the
circumstances leading to the affair which is the cause of the
Present occasion. The.. Rev. Mr.' ill!Nicheles is priest of the
Chapel of Carracastle, near which my. client resides; and eo
long ago as the starvation year, in which large quantities ofmeal
and other food were distriboted to the poor, a difference cons-
menced between my client and 'his parish priest. My client,
who in family and property is one of the most respectable of
the parishioners, used his utmost exertions that the food pub-
licly subscribed should be distributed without favour. or lair-
tiali. y ; and it was at this time that lie was obliged to come into
unpleasant collision with his priest. From that time to the
present moment there has been a must virulent feeling towards
may client; and it is painful to be obliged to'add, that this priest
Who should have been a minister uf.peace and good will, should
have entertained such ill blood towards one of his own flock.
This feeling displayed itself in a very gross and scandalous
manner, in the .month of October. My respectable client at-
tended mass as usual in his pariihchapel on Sunday, and the
priest, in an address from the altar, demanded a subscription
of sixpence froth every adult female in the parish, for the pur-
me of purchasing new vestments; why he should have selected
the females as his subscribers is best known to himself; but 1
know, that so great is the population of the parish, that sixpeace
subscribed in thi4 way would amount to ten times more than
was necessary to purchase the vestments. My client, Mr. Mac-
donald; at once perceived the extravagance of the demand, and
objected, on the part of the parishiopers, to the amount, adding
that they were too poor to pay so heavy a demand. Upon this
the priest replied that he must have the vestments, and there
was no other way of procuring them. My client at once re-
joined that he would gladly pay the whole amount required for
the Parpose out of his owu pocket, and thus relieve his poor
neighbours from• this tax. The .priest seemed greatly disap-
pointed at this offer, and hastily replied, " Sir, hold your tongue,
you have no. right to speak here." to this angry expression
my client most properly replied, " Tnis chapel has been chiefly
built by my subscription, amid I think I have a right to speak
here, under the circumstances." Little anore passed at the
moment, but shortly afterwards, as the priest was sprinkling
the faithful with holy water, he dashed a prodigious body of it
Upon him, and subsequently thrust the aspergeas, viz., the sacred
brush with -which the holy water is sprinkled upon the.devout,
rightinto the face of my client, committing a very gross as-
sault upon him. Now, your worship, as a good catholic, I hold
holy water to he.a very .good thing iu its way; but it is of it as
of many other things--ea man may get a little .too much of a
good thing. I like the holy water to be sprinkled gently and
; but I confess I should not at all relish it in the shape
of a shower-bath or water-spout, as it was poured upon my client, •
and more especially at this season of the year; it he bad been
immersed in the ducking-well my client conid not have been
more drenched than lie was by this holy water. Now, the enor-
mity of this act was nut only the drenching the . clothes of a
very delicate and aged gentleman, and thrusting the sacred
asperyes, by the stalwart arm of this brawny priest, into his
face, but desecrating the sanctity of the holy water. by pervert-
ing that. which should be a medium of blessing into an instru-
ment fur the display of sumac of the worst feelings of our nature.
Foi this very gross and unjustifiable conduct my client brought
an action for damages agaiust his priest, the Rev. Mr. M`Nichoa
las. The defendant suffered judgment to go hydefault, and
damages were awarded to my client to the amount of two liana
dred pomade,
..Mr. 0' Dowd, counsel for the defendant, here interrupted the
lea gentleman's address, stating that he was ready to admit
all that had been stated; there was no donut of the facts •as
stated, and suggested that the learned gentleman should con-
fine himself to the ease of the preseet defendant, Martiu Foley.
The assistant barrister thought the suggestion a very proper
one, and hoped, as the facts already stated .were admitted on.
the defence, the time of the court would net be unnecessarily
consuined.
Mr. Kelly in continuation—l shall most gladly act on .your
worship's suggestion, especially as the counsel fur the defendant
admits Use triitleof the very scandalous affair which I laid
beforc. you. I shall Proceed, therefore, at once, to the facts
from which the case now before us arises :—They occurred on
the Sunday next followiug the affair already stated and admit-
ted by the daigitg9. Yo.ur worship will perceive that . a whole
wee "-intervenes between the two cases, and that of course there
wes aniale tithe thr the priest to seek and effect, as was bis
liouucl6l fluty a 8 a chrietiau Ministeis a reconcitiatioe with his
offended parishioner, my client; but it would appear that my
client had touched hint in W.() tender 4 point—my client bad op- •
posed an extravagarit levy of money by this priest, and this was
it matter not so easily fecal+. en or forgotten ; it was a sin
Which there, was neither indulgence nor absoletihn; accord-
ingly, on the fullotving Sunday,. my. respectable .client, Mr.
Macdonald attended mass as. usual in his parish chapel, and
took his station at his usual place, as. if nothing had. ever oc-
curred between him and the priest. This was highly creditable
to the feelings of my client, who thus allowed that he could. qot
Carry into time house 'of God those angry feelings, which bed
been excited so naturally tin a fermer occasion. I sincerely
wish I could say the same of the priest, as being myself a Ito-
Mau catholic, 1 cottld wish, I repeat, that I. could say the same
of this clergyman, but I am sorry to lie obliged to state that he
displayed a very different spirit, for when my client, in his usual
and quiet way, was on his knees at his devotions, this priest pru-
claims aloud, that he would not say mass while my client was in
the chapel! Yes, the priest openly proclaimed from the sacred
altar, that he would not say the holy mass for. the congregation
so long as Mr. Macdonald was permitted among them. The
court is of course aware of the effect of such a declaration as
this upon the superstitious and ignorant population, who con-
. cede° their eternal salvation depends upon the holy mass being
said for them by their priest—thep immediately became excited
and clamorous for the mass; the priest still persisted in his re-
fusal, saying he would not goon with it until my client was re-
moved from the chapel; my client was quietly remonstrating
with him, but he, who ought to have been a model of calm tran-
quillity and christiau meekness, only strutted.up and dowu be-
fore the sacred altar, in a state which I will not desciibe more
accurately than that it was very unlike that of " the meek and
lowly one ;" my cheat, however, still continued at his devo-
lions, and as his tall
.and stately, and perhaps ghostly appeat-
unce presettted itself before the eyes of his reverence, it would
seem as if it appeared to the eyes and conscience of the priest,
as a solemn spectre—a living apparition to reprove and rebuke
his conduct. Still, however, the priest, who is now in court,
and whose face, as your worship may perceive, is rosy as the
setting sun, and ruby as.his evening wassail, strutted before the
altar,
.while his eyes displayed the same fire, and bitterly flashed
upon•my pallid client, even as it is now upon me; he still per-
severed in refusing to say mass, when a party of the peasantry,
some five or six in number, rushed Irons among the congrega-
tion, and struck at my client, and seized him and proceeded- to
drag him by force from the chapel. I will not say that this
party was harangued by the priest, or that they came there or
acted in this outrageous, manner at his desire; but they cer-
tainly seem at all events to have committed this gross. aril un-
justifiable assault on my client, because the priest would not
say lades tillhe was removed. It will appear ns evidence that
this party or faction rushed upon my client, and having knocked
hini down, even within the rails of the sanctuary, which should
at least have been a protection, and literally tore his clothes
into rags, ill-treated, and most seriously wounded his person;
the defendant, Martin Foley, was one of this party, and was,
perhaps, the Most active amongst them amid against him. In
this action iev client seeks compensation for the ill-treatment
and inj day, tre-thorreeceired at-hit -halide.- -Sea gross cud violent
was this assault that they actually dragged my client in time
.most ferocious and violent way, not only out of the sanctuary,
but. ll through the congregation, and at last left him in a truly
pitiable state outside the chapel. ought to add, that when
torn from are sanctuary, this patty was assisted by twenty more
persons; and though some individuals showed a disposition to
resist this violence, .yet they were overpowered by the compact
exertious of these realms, by whom my aged, and sickly, and
most respectable client was so severely:damaged in person and
health. I shall not occupy further the time of the court, but
proceed to call witnesses.
Peter Macdonald, being sworn, deposed that he remembered
the 3d of November. Was at chapel that day. Saw the plain-
tiff there at his devotions. Saw also .rtlartin Foley, the defend-
ant, anti Mr. ALNicholas the priest. Whet e did you see Mr.
Macdonald ?—He was at his devotions on his knees, inside the
rails of the sanctuary. Do you remember the Sunday when the
holy water was thrown by the pliest at Macdonald ?—t do re-
member it well. Do you remember anything particular of
November 341 ?—Yes ; I heard the priest give out from the altar
that he could not say mass so bug as his friend, Mr. Macdonald,
was in the chapel. What did Mr. 31acdohald say to that ?—He
slid it was strange that Mr. M‘Nicholas should call him his
friend after assaulting him with the aspergeas and holy water
on the. preeeding Sunday, How did the priest reply to that?—
He said it was no matter, but he would not say mass for the
people so long as they 'allowed Mr. Macdonald to remain in the
chapel. ow did the congregation receive this ?—They of
course were anxious to hear the mass saidasWell, what happened
then ?—A party of the people rushed risalr. Macdonald and
seized him anddragged him out of the chapel. Whu were that
party?—Martin.Fuley was One of them; there were four or five
.others who seized him, and fifteen or twenty assisted to push and
drag him out (tithe chapel. Wa.s lie much ill-used by then?—
They Were dragging and mangling and •teariug and making a •
hare of hina• But. was he lei urea by all this ?—To be sure he
was; he was strut:: rand licked, and knocked down and dragged
that way from the altar to the outside of the chapel till his-clothes
wets, torn to
iliikeecelsiins, above,
wbi which
very bed usage fora delicate
old gentleman sixty Nears of age.
cross-examined by 'Mr. O'Dowd--Prav how was Mr. Mac-
Mac-
donald edit* all this while ?• Of 'course he resisted, and why
should not he ? 'And how did you act ? I went up and intreated
them not to ill-use the gentleman.
On the 'virtue of your -oath did not Macdonald enter the
sanctuary in a threatening way?—On say oath he was perfectly
peaceable and quiet till the priest's party began to urag Mtn.
-Did not the priest order no one inside the rails but the
children did -nut hear him say so, but I heard the people
talk of it.

Did he cot exclude 11:r. Macdonald merely fur that reason ?
—No, for he Inca to admit several parishioners always into it,
and does so still.

Nothing else of importance-was elicited on cross-examination.
By-the a;:sistant bwrister—Where (lid vuu first see Macdo-
nahlla the chapel ?-=.oti lii. knees inside the sanctuary.
Was that his uSual place ?—lt was, and the respectable pa-
rishioucts used to be there too.

foundation fcyr the charge, of which he was not previously You saw hint dragged out by Foley-I—.l'es, he was dragged
aware. But he - dues not mention a single instance of out by _ 'o_ev and the
.other's of the priests party,.
Patrick Kelly corroborated the evidence of Macdonald.
such partiality, neither, we firmly believe, can he.. lie
Cross-examiaed by Mr. Burdce—Was nut subpcened tOattend.
had to make ant a . justification in the best manner he Came for mere love of seeing justice done. Was kneeling
Could, and •he. was glad to avail himself of any idle report • near the chapel door.
,irtrld pee ail that passed. Usually said
. his. Which Sir Charles Sutton's oppou.ents had put into titer prayers near the door. All this happened after the priest
. remains lati:;n. It oat/ remains fur us to congratulate Mr. Aber- .'l'4(l put on his vestments, but before the holy water was given.
Are you in the habit of going to your religious duties I ion.
cromby on having such a discriminating, independent,.
p rileisot‘awiaosnigasits i nit oursin cs,itatYroju attended confession ?—When the
n.
and consistent supporter as the Manchester Guardian.—
Manches‘er Herald. And do You go to confession to Mr. M`Nicholas?—l do sir;
• I always attend him.
Do you tell me you go to this priest whom vott call so wicked
and unjust and cruel ?—I do, sir, for though he is all that to
other people, he was always very civil to me. I alwayi pay him
- regularly, and I can't complain of him.
• Mr. W. T. Kelly—Call the next witnest
t The assistant de- not thinkAteu need call any
farther witnesses. youre is itifficiently proved tosubstan iate
your aCtion, and the titiq'Of the court need not be wasted in
proving the same facts—what is your defence 'Mr. O'Dowd ?
Mr. O'Dowd, counsel for the defendant, ro,e and stated that
he objected to the whole action on legal groutols, for, by a certain
enactment, several actions could nut be taken against several
parties, in a matter arising out of au assault—another ohjectiusi
-arose from the case having been already disposed of at the
petty sessions.
After much legal disquisition, the barrister ruled that the
action could notlie, and expressed his regret that the legal ob-
jections as to the power of the court to entertain tilt?, case bad
not been stated at the commencement; as much valuable time
would have been spared. •
Mr. O'Dowd then came forward, and on the part of the priest
proposed a reconciliation between theparties. This was declined
by thevlaintiff, who stated that-he had been cruelly insulted by
the priest,- and that he must have asubmissive apology from him
before he could shake hands with him. • The priest then, having
the fear of another action befose his eyes; offered to make the
required apology in public court.; he accordingly, after striding
over the necks of sundry attorneys, mounted the table, and
crossing to the opposite side of the court tendered his apology,
and his hand, but the plaintiff indignantly rejected it, unless
made in the very chapel where the insult had been• ,eiven. The
Rev. Mr. IWNicholas retreated to his former place amidst-
the laughter of the whole court, upon which the friends of the
plaintiff entreated and prevailed upon him to accept the profered
apology in the public court; he accordfnely, in imitation of his
opponent, had to stride over sundry heads of clerks and attoi-
neva and stood, drawn up to his toll height, awaittngto receive
in all due form, the apology of the diseomlited priest. The
scene now became exquisitely ludicrous, for while' the whole
court was convulsed with laughter, the prieSt,:all delight at hay-
ing so escaped the gripe of the law, .rnak.ei-a hop, skip, and a
jump upon the table, and like a rastic• dabc'er at a fair, capers
upon one leg, and cracks his fingers over his head, and then
made in the best way he could his submissive apology to Mr,
Macdonald, hoping that he should be forgiven, arid that all the
past should be tin gotten. The apology was coldly accepted-7
the parties shook hands, and the court was literally convulsed
with laughter at the singular manner of the parties. The
affair commenced as a tragedy and concluded as a farce.
The assistant barrister, as soon as sirence was restored, ph-
served that the reconciliation just effected was creditable to all
parties, but it was right it should be distinctly understood, that
a must gross and unjustifiable assault was proved, and that no-
thing could be more wrong than that the people or the priest
should suppose they had a right to treat any one as the plaintiff
had been treated—that it was well for theta that there was a
legal objection made to the jurisdiction of the court, as the
conduct with which the defendants wereeharged was most gross,
and deserved the severest judgment—at the same time he was
happy the affair had ended in this manner, and trusted that
nothing would again occur to disturb the harmony of the paris
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