The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-09-16

floYHskfeuBCn nUel SUIT, IN the municipal
Court, were concluded on Saturday aud
the Jury retired at7o'clock P. N. to con-
slider Of their verdict, and not being able
to agree as to q verdict, were, at II o'clock,
adjourned over until this morning at 8
o'clock. M .4.,,.. $50
The case Is one that has attracted CON
siderable attention among the Catholic
portion Of our community, and Its result
will be anxiously looked for, not only in
this city, but throughout the entire
country. The positions Of the parties
as priests Of the Roman Catholic Church,
and the character Of the suit makes II oil
the more interesting. It Is the first time
In the history OF Wheeling, and probably
in the history OF the United States, that
one priest has resorted 10 civil court for
redress for injuries alleged to have
been sustained by him, at the hands
Of brother priest; their difficulties be-
ing generally adjudicated by an ecclesias-
teal court or the Bishop Of their DIG
cese, and II not satisfied with
whatever decision may be rendered by
such commission or court, they have the
further remedy, by appeal to the Pope, at
Rome, who stands in the same position to
the Roman Catholic Church, in the settling
OF all such disputes, as the Supreme Court
OF our State occupies with regard TO the
inferior courts OF the State, namely, a
court of last resort. II we are not
misinformed, the penalty or punish.
ment presented by the rule OF
the Catholic Church, for one priest
bringing an action, as the one in this
case, against fellowpriest, Is ex-commun-
ication, which deprives the priest so pun
ished from ever exercising therights OF the
ministry.
The plaintiffin this case, Alois Casanova,
is but little known in this community.
His first appearance here was in the early
part OF June OF last year, and at the inyi-
tation OF Father Kreusch, the defendant,
who gave him the assistant pastorate ofhis
church shortly after his arrival in this
country, from Switzerland, where he had
occupied several similar situations. He Is
man comparatively young in years,prob-
ably thirty years OF age. During the great
or part Of the trial he sat near his counsel,
and remained with bowed head and down
cast eyes, whether from modesty or a fear
to face the Court and jury, we are una:
BILE to determine, and only raising his head
when spoken to by his counsel. His de-
meanor on the witness stand, however, was
that OF an honest and frank man, and his
evidence vas always given in a distinct
tone and without hesitation.
The defendant, Father Peter Kreusch,
has been resident Of this city for more
than twenty years, and is well known to
the greater part OF our citizens. He has
been pastor Of St Alphonsus Church ever
since Its erection, having been appointed
to that position by the late Right Rev.
Bishop Whelan. During the time OF his
mission in our midst, II Dame Rumor has
il right, he has amassed considerable OF
this worldsgoods, his yineyardon Wheel
ing Hill being one OF the finest in this
vicinity. Upon the witness stand, the de-
PENDANT showed considerable nervousness.
and excitement owing probably to the
new and novel position in which he has
been placed, viz, defendant in libel end
SANDER suit in a civil court.
About fifty witnesses have been examin-
ed during the trial, synopsis OF whose tes-
timony It would be impossible to give
in the limited space we have to devote TO
the case. Thetestimonyt taken isvery yolu-
minous and will probably cover 400 pages
Of legal cap, as the stenographer's notes
number about 300pages. During the trial
tho small Court room has been densely
packed by spectators who have manifested
q lively interest in the proceedings. The
counsel, Nlessrs. Russell, Stifel and Cracraft
for the plaintiff, and Messrs. Hubbard,
Clarke and Davenport for the defendant,
have worked assiduously for theirrespect-
i've clients, and whatever may be the YER
dict OF tho jury, they will feel easy in
knowing that they have performed their
whole duty. His Honor, Judge Cranmer,
has stood the trial and delivered his rul-
ings and opinions upon the knotty points
raised by counsel, in q manner that is
highly .commendable, and certainly in
keeping with his position.
The counsel for defendant raised an OBJ
lection to the Jury being adjourned over
TO this morning, as the next term OF the
Court begins to-day. The objection was
oyerrnled and an exception taken by the
defendant. Court will meet again this
morning at 8 o'clock, when the jury viii
again be sent out to further consider OF
their verdict. The Jurors on the case de-
serve q medal, each, for the patient man
nerin which they listened to tho evidence
and argument ofcounsel. m