The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-05-25
GnedRteliattlnr.
rs MARRIAGE ASACRAMRNT9

A Conflict In the superior Court
81 B0stOn ~ 70 the EceleEiRH-
Teal SIRnllingO1 Catholics Mar
ried BY Civil Process.
BosToS, May 2S,-A very interesting
ease has been commenced in the Superior
Court in this city, which involves the
rights Of Catholic priests TO discipline
members Of their parish by publicly de.
nouncing them, The snit is one Of slau-
der, brought by Robert Q. Tanning
against Father james Mc(ilew, Of Chel-
sea, and the damages are laid at $1,000.
DECLARATION on PLANr1FY.
The plaintiff, in his declaration, saws
that in 1873 he was lawfully married 10
Catharine Murphy BY "a duly authorized
magistrate, and in full accordance with
the law; that he and his wife had always
lived . chaste and upright life, and bore
good name among their neighbors and
IN the church and parish, but they in:
CURED the displeusuFe and hostility Of
the defendant by reason Of their mar
riagei that on or about the 9Th OF No
Vember, 1873, the defendant, in church
and in the presence OF large COngrega-
ton, publicly, falsely and maliciOuSly
accused the plaintiff Of crime, by words
spoken OF the plaintiff, as follows:
TIlR ALLEGED sLANDER.
"ThcrC have been parties that have gone and got
married out Of the Church, and those parties Rre
living III mortal 3D. Will call their names 10 you
-BoGeII Z. Tanning, JE, aud Ntharino Murphy
and alter calling Slndry other names the defendant
and give public nuAiAelion;h that on the 29d Of
SovgmherL In church, tho defendant publicly,
lal'ciy and mlllciouSly accused tho plaintiff sub
'lAnlially ~ iolloWE-"John FahnlnN o. Robert,
woman Is living In hn, and / viii call their name
every sunday until they come before tho altar aud
give public satisfaction, These parties will be |
coming to me by-and-by with their baStarla for me
August, 1874 the defendant In church aud Ia tho |
presence Of the congregation there assembled, pub
llcy, falsely and mAllCiOuAly accused The plaintiff
ny words spoken Of the plaintiff, substantially al
IoloW&-"l have heard that couple have gone
and got married out Of tho parish, aud U lhSy %
not come and 800 me bGlOFe next Sunday will |
call their names from tho altar, | thought the
scandal 81 year ago was enough 10 learn them 4 |
iss,oni they Will run TO ncighbOrlng priests with
llcln their mouths ~, like GarIands son and Fam
asWecpO the town, down al the square, who arc
now lnlaWluly married and living IN sln, and they
cannot approach the rails o. this altar until they
have given public satisfaction"
THE DEPENsE.
Father MCGlew, in his defense, says
that II he spoke the words as alleged they,
were spoken by him IN his capacity and
by virtue ofhis authority us parish priest
and spiritual director for the plaintiff;
that he had full spiritual and eccleslas.
teal authority over him and his wife to
disapprove, condemn, and ccnsure, pri.
yately and publicly, the plaintiff and his
wife for any violation Of the teachings,
doctrines, laws, rules, and discipline oil
the Church, and had the full ecClesiaStic-
al and spiritual guidance, care, direction,
and teaching Of themi that the words al.
legged to have been spoken by the defendant
II they were spoken by him, were on in.
formation, evidence and belief on tho de.
PENDANTS part that the plaintiff and hia
wife had violated the doctrines, laws,
rules, teachings, and usages OF the Roman
Catholic Church by being married out
side Of the Church and by some person
other than regularly ordained priest OF
The Church, in gross violation Of la doc.
lrnes, laws, rules, uSages, and teachings,
ind to the great scandal and injury Of
the members Of the parish and church and
to the great delriment Of the plaintiff and
his wife, as the defendant believes, and is
bound by the obligations OF his office to
teach, as the pastor and priest, and az the
plaintiff and his wife were members OF the
church at the time Of the marriage and
ever since, well knew, and that ut the
time Of their marriage, for n long time
previously and ever since, have claimed to
be members Of the church and parish, and
to be subject to the doctrines, teachings,
rites, usagcs, and dicipline Of the church,
and subjected themselves to tho same.