The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-22
IS MARRIAGE A SACRAMENT 2


CONFLICT N THE SUPERIOR COURT OF BOSTON
As TO TIE EccLEsIAsTIcAL STANDING or
CATHOLICS MARRIED BY CIVIL PROCESS
MAN AND HIS WIFE PUBLICLY DENOUNCED
BY A PRIEsT-A SUIT FOR TWO THOUSAND
DOLLARS DAMAGES.
BOSTON, May 81, 1875.
very interesting case has been commenced IN
the Superior Court In this city to-day, which in
wolves the rights OF Catholic priests 10 discipline
members OF their parish by publicly denouncing
them. The suit Il one of SANDER, brought ny
Robert c. flaming against Father James McGlew,
OF Chelsea, and the damages are laid ut s., oo0.
DECLARATION or PLAINTIFF.
The plaintiff, III his declaration, says that Ia 1873
he was lawfully married TO Catnarine Murphy by
duly authorized magistrate ana In full accordance
with the law; that he aud mis- wife had always
lived a chaste and upright life aud bore good
name among their neghbors and IN church
and parish. but they incurred the dispieasu.e
and hostility OF the defendant by reason
OF marriage; that on or about the
9th OF November 1875 the defendant In church
and in tue presence Of large congregation, pub
Icy falsely and maliciously accused the platinum
oil the crime Of tornication, by words spoken OF
the plaintiff, as loows:-
TIE ALLEGED ISLANDER
got married out Of the Church, ana those parties
are living In mortal SIM will call their names to
yoa-RoDert Z. Tanning, Jr., and Catharine MUIR
phy," aud, after calling sundry other Names the
defendant said :-''rhese parties must come be-
fore the altar and give public satisaction;" that
on the sd OF November, IN church, the defendant
publicly, falsely and malciOusly accused the
plalnt1R OF the crime OF iornicauon by words
spoken OF the plaintiff substantially as iolows:-
."Jonn Tanning. or Robert, or whatever his name
is mas gone To 1--we with that woman, Is living In
sin ana Will call their names every Sunday until
tney come before the altar and give public salts
faction. These parties Will be coming 10 me- by
ana by WIN their basGardS for me 10 christen'
defendant ID church and IN tie presence or the
congregation there assembled, puolcy, falsely
and mAllcously accused the plalntiff, ny words
spoken OF the plaintlf, substantially as ioows:-
- nave heard that couple have gone and got
married out of the parish and II they 40 not come
and before next sunday l Will Gail
ssenaa of r year 'a ago wa: enough 20 learn
them lesson they VIII run 10 neiIhboring priests
with lia IN their mouths, OF, IKE Garlands son
and Tanning tmeaning FanmnS ths plaintlnl,
who went 10 sweep OF the town, dawn at the
square, VINO are unlawiully married ana living IN
sln, aud they cannot approach the rails OF tails
altar until they nave given puoItc sausfaction.h
TaE DEFENCE.
Father MeGlew, III his defence, says that II ne
spoke the words as alleged they were spoken by
HIM in his capacity aud by virtue OF nis authority
ssrlcai authority over nim ana his VIE 10 dlsap-
prove, con Aemn anu cen ,ure. privately aud puo-
hey, the painun aud ais wife for any
violation OF the teachings, doctriaes, laws, rules
and discipline of the Church. and had the luIt
ecclesiastical and sDlrluai guidance, care, direc-
non and reaching OF them; that the words alleged
10 nave been spuken by tue defendant ihey
were spoken By him, were on information. EVIL
deDce anc belief on the deienuant'S part tnat the
palnuu and mis- Mlfe had viola Ell the doctrines,
laws rules, teacnlnRs and usages or the Roman
Catholic uhulch by being married OUTSIDE OF the
Church anu 10y some person otner than reg u,arIy
ordained priest OF tine church. In gross Violation
OF Its doctrines, law, rules. usages and
teacnings and TO tine great scandal and
injury Of tue members oil the PARISH
and church ami 10 the great uetri-
ment OF the plaintn and his wife, as the de-
lendant Deheyes. and IL bound by the obligations
MS Once to teacn, as the pastor and priest, and
Il Tue WhlntIn aud MS vie are memoirs OF the
chul eh. at time OF the Maria G and ever
since, wei knew, anu that at the time OF thelr
marriage, lol long time previously aud
ever since, have claimed 10 De members OF the
church and parish, and 10 De subject to the
doctrines. teachings, ru.es, usages and discipline
0, the church, and subjected themselves 10 the
same.
ABSENCE OF MALICE
ks4%e defendant lurther says that none OF said
wUfos were spoken py him with malice. or with
the design or intention oI mi urlnx, deiaming or
Anderlng the plaIntin or his wife, but WITH the
Ilsen lion solely OF discnarglng duty appertain-
Inv 20 ms ONCE as priest and pastor.