The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-19

upon Rev. DR.. Achllll.
In the Court Of Queens Bench, January 3lst,
Judge C0eridge pronounced sentence upon the Ro
man Catholic priest Newman. Previous to the sen
tence several afdavits were read, OF which was
from DR.. Newman. He stated that he had delivered
and published the lecture which was the -subjectof
the prosecution. He said that he had neither seen
or spoken to DR.. Achilli, and had no malice against
DR.. Achlli. Before composing the lecture, he hal
been resident at Birmingham, and had many persons
under his religious instruction and he was informed
that DR.. Achili had been going about maligning the
Roman Catholic faith. He believed that the charges
which had been made were true at the time he de-
livered his lecture. Dr. Achil had published book
calculated to injure the Roman Catholic church. Ee
fore delivering his lecture he had read the articen
the Dublin Rerieir, which had subsequently ben
published as pamphlet, with which, however, he
had nothing to do, either in composing or publishing
the said article In giving his lecture he relied on
the truth OF the statements contained in the Dublin
Reriec, and in publishing his lecture he alluded to
that fact He had also seen in the Record newspaper
a report with reference to the dismissal OF Or
Achilli from the Malta College, and he quoted in his
affidavit several passages from the reports OF the
Missionary Society. In the course of the affidavit,
DIR. Newman referred to several matters which had
come to his knowledge since the publication OF the
libel He said that he received communications rom
Rome with respect to the case OF Rosa Allesandnes
and copy of an affidavit made by her at Rome, with
respect to her seduction by Achill at Viterbo The
affidavit then proceeded to detail the circumstances
of the different charges, and to state the mode IN
to state that he (Dr Newman) had already been PIT
to great expense and was liable for still greater e.
pense and that if he was confined in his present
state ofheath fatal consequences would in all proba
bility, be the result.
After some further proceedings, the Judge pro
nounced the sentence, as follows:-
DIR. John Henry Newman, | have now to lre
nounce you the judgment of the Court for publish
ing defamatory libel You pleaded to the proseet
ton two pleas, one denying the act, and the othe
stating that the publication for the public good
Unless the charges were substantiated it could moi
be said that the charge was TOR the public good, and
the jury expressed its opinion untavorable to you
The Judge then referred to the attempts which had
been made to set aside the verdict, and it was
new case the Judges allowed the attempt to be made
but ultimately discharged that rule and the ground
for doing was that the Jury had rightly consider
ed thematter The Court having entered into con-
sderatiOn of all the circumstances and having heard
your afidavits &C.. the Court is satisfied that you be-
lieved that all the statements were true and they be-
lieve that you are man incapable of telling false
hood and therefore it places implicit confidence in
your statement. The Court also believes that you
had no personal i'll feeling against DR.. Achilli, but
that you wished to defend the religion which you
protested from the vile aspersions which had been
cast upon it by DR.. Achill The learned Judge then
referred to the evidence upon which the Jury had
convicted him, and said that the Court was not en-
tirely satisfied with the finding of the Jury but at
the time there not sufficient dissatisfaction
to order q new trial. The Court is bound to point
out to you that on the plea of justification the evil
dence was not sufficient to sustain it. The learned
Judge said that when he first read the charges he did
SO with great shame, and he extremely sorry to
find that DR.. Newman should have expressed himself
in that way. The sentence which the Court pro-
nounced by my mouth is not intended for one Of exul
taton to either partyt was meted out in considera-
ton of what you had done, and what were your mo-
tiyes for doing it. The sentence is that you pay
fine Of fl00 to the Queen, and that you be mprson-
ed until it is paid DR.. Newman was then removed