The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1873-07-27

accordingly applied some months since to the
corpus directing the mother to restore her chill
dren to them. They were met by two obj
lions. The Protestant proselytiziug instltu-
ton aforesaid took mp the case for her, feed
counsel, aud, in word, acted through her in
the whole matter. First, it was contended
that there was an old penal law, which had
never been repealed. prohibiting Catholic
point was decided in favor of the Catholic
clergymen. They held that the law in ques-
tion had been implicitly repealed. But. in tho
second place, it was commended that the will Of
OF undue influence on the part of the Catholic
clergymen; and on this point the court was of
opinion that the question whether undue infiu-
ence had been exercised was at least one that
might be Investigated and determined by q
jury and accordingly directed the Catholic
clergymen to institute suit to PROFOUND she
will. They did so, and this week past it has
been engaging the attention of Chief Justice
Whiteside and q special jury of the city of
Dublin. I need not weary the reader with de.
tails. Suffice it to say that it was abundant y
capacity, and was wholly uninfuenced in
making his will. But clear as the case was,
the Chief Justice, of course, could not be ex-
pected 70 be even decent in his address to the
jury. The counsel for the Protestant mother
was not half so furious as the Judge in his de
sire to secure q verdict establishing the inval-
idity Of the will. Every Inconsistency, even
was. to his lordship, ' confirmation strong as
proofs of Holy Writ" that the Catholic cl orgy
men and all their numerous Independent and
respectable witnesses were utterly perjuring
themselves, while the graver Inconsistencies
in the evidence on the other side was passed
by him wholly unnoticed. The law enabling
the father to take away from his wife her
children, and have them educated in a religion
different from hers, which, whenever it oper-
ated I'M nrIonsiy to the Catholic religion, was
all ri ght in his lordship's eyes, was denounced
by him in uumeasnred terms. He would
scarcely allow counsel for the will to speak
single sentence without interrupt ing them
and trying instantly to do away with the effect
of their remarks. The, result of it was that
the Protestants on the jury, with one or two
exceptions, held ont against the will, and
there was no verdict, and the children Of IN
fortunate Byrne remain in the Protestant or
phanage. / cannot conclude without noticing
that one of the Catholic jurors-Mr. Anthony
Whenever bis lordship tried to distort the evil
dence, Mr.. F OK was Immediately down on him,
and at the close of the case made such tren-
chant point against him, that he was told by
his lordship rather sharply that he was not to
argue with the judge" If there were in
every such case in which Mr.. Whiteside pre-
sides such juror, there would inevitably be
more impartiality OF the bench.
Father Burke delivered q great speech to-
day in the Rotunda in this city, at a meeting
held under the presidency of the Lord Mayor,
in support of the Catholic Industrial School
at Artane, and on Sunday last preached an
equally splendid sermon at Cross Haven, in
the County Cork, at the dedication of church
In my next shall have netting to say of
Campbell Fair who is announced to deliver
lecture tomorrow night in this city, under the
auspices of one of our tenn erance societies
j. j. C.