Omaha daily bee., 1894-02-11
in FAVOR OF BISHOP BONACUM
Decision of Justice Spencer in the Case
Brought Against Him by Father Corbett.
WILL NOT BE HELD FOR CRIMINAL LIBEL
After Five Days of Trial the Action Has
Been Dismissed-An Appeal Will
BE Taken to the Ecclesi-
astical Courts.

LINCOLN, Feb. 1~0.-(Special to The Bee)
The Bonacum trial is ended and the dis
tinguished bishop of the Lincoln diocese is
again a free man and no longer in imminent
danger of being bound over to the district
court for criminal libel. This morning
when the fifth days session Of the trial COM
menced the attorneys moved to dismiss the
case by filing the following:
The defendant moves the court 10 be dis
charged for the following reasons:
l. There is no evidence showing that the
alleged libel was ever published in Lancaster
county, Nebraska.
2. There is no evidence that the word "sus-
pended" was understood by anyone who read
the article in any libelous sense.
3. The ecclesiastical law introduced by
the state shows the bishop had authority to
suspend Father Corbett.
4. The said article and its publication
were privileged.
The motion to dismiss was argued by Mr..
Smell for the defense. Messrs. Strobe and
Colons and Father Phelan followed for the
defense in opposition, and Mr.. sawyer
closed for the state, The arguments lasted
the entire forenoon, and covered the whole
subject pretty thoroughly. At the con-
clusion of the argument Justice Spencer
granted the motion to dismiss. In summing
up his conclusions he said:
"In ruling on this motion this court will
only consider the point which refers to the
ecclesiastical law which has been introduced
in evidence by the state. In ruling upon
the motion to dismiss for want Of jurisdic-
ton, argued early in the trial. the court
said that to refuse to hold jurisdiction of
the cause would be to encroach upon civil
liberty. Under such a rule of law the church
dignitary might become a veritable despot
and the victim of his despotism could get
no redress in our civil courts. The ecclesi-
asst might infict the greatest injury
upon the personal rights of the community,
but would be able to escape the pen
that the act was done in the line
of church discipline. Crimes of the gravest
nature might be perpetrated without re-
dress. / am firmly convinced that our
courts never thus intended to c~onstrue the
law. What the courts have said Is this:
ascertain whether or not the ecelesiast acts
with the proper jurisdiction, that Is. within
the scope of the authority delegated to him
by the laws OF the church. In short.
whether he had the power and authority
to act at all. When this fact has been set
tied the civil courts will go no further.
They will not undertake to reconstruct, re-
wise or pass upon the justice of the %ecclesi-
astlcal law. The person who Joins the
church organization Is presumed to know
its laws and submit himself 10 them. He
cannot, therefore,, complain as long as those
in authority deal with him in accordance
with those laws, He has no notice, how
ever, that those laws will be transgressed
and can seek redress in civil courts II made
the victim Of tyrannical acts which trans
gress the powers delegated by those laws
Father Corbett will at once carry his
charges before the ecclesiastical courts, and
to that end he prepared the following notice,
which he will serve upon the bishop at once:
Take notice that | have this day filed in
the court OF the metropolitan the following
charge against you, to-wit: That on the Sth
day OF January, 1894. you, Rt. Rev. Thomas
Bonacum, did write, publish and cause to be
published in the state OF Nebraska, the fol-