Dziennik Chicagoski. [volume] (Chicago [Ill.]) 1890-1971, 1899-07-21

this man as murderer you should
have said SO.
Mr.. GETTING: The assertion of
a man being the biggest scoundrel
that ever scrttled ship, that might
have been used in an article as
portion of the argument, but when
ever a statement of fact is made, or
a charge is made, which may have
been reasonable, and is reasonable as
statement of fact, it ceases to be q
portion of the argument
THE COURT: The whole of this
article, = all that they accuse him
of is heresy, with such epithets as
they thought it was proper to apply
to heresy and secession
Mr.. GETTING: If they had
qualified it with the remark that he
is traitor by having abandoned the
church; do not put so much on the
term traitor, as do on those other
terms, miscreant and seducer. The
word seducer has it's general and
accepted meaning; it means the
seducer of woman in it's general
sense, and in its limited sense the
seducer cf the mind. 1t can be under
stood differently.
THE COURT: (readiug from the
indictment) ga few words of warn-
ing to our Polish brethren &C." The
purpose of the article is stated in the
first three lines Of it, that those who
have strayed away, of the Polish
brethren, they are trying to get them
back by telling them of the dangers
that they are mourning and are max
ing an effort to induce them to come
back, showing that Kozlowski has
been exoommunicated, and that his
conduct in their judgment : was of
such and such character. That is
all there is of it. 1t is not anything
else but an ecclesiastical dispute.
MR.. GEETlNG: Any remark
made in the nature of a doctrine even
though severe it might be, denounc.
ing the doctrine as false and as
malicious, would not be libelous.
ANY statement made to effsct the
character of the individual, which
will draw the people away from the
church, not because tbs doctrine is
Objectionable, but because the party
himself is Objectionable and unfit
for the society of the people, would
be libelous. y
THE COURT: No.
MR.. GETTING: Any individual
writing or using the words, miscreant,
seducer aud renegade; that this man
teaches not only doctrines inconsi-
stent with thu church, but he is also
renegade; he is a seducer and
dissembler, hypocrite and mis-
creant, the man has bad moral
character, would bring him into the
social contempt of the people, - not
his ideas in contempt of the people,
but the individual himself. If the
remark is not directed to the doctrine
which he teaches, but directed to
himself, does the word miscreant
refer to the question of opinionP
THE COURT: 1t does in that
connection, where the purpose of the
article is to show that he has wrong.
fully acted.
MIR. GETTING: I was about to
suggest this to the Court, and that
is, if the party had assumed, that the
bishop had assumed, that he still
preached under the direction of the
Roman Catholic Church, then there
would be more weight in the ssser-
ton; in the statement in this case,
as shown by our Charter. as they can
see, it is entirely an independent
church; man leaves one church and
goes into another; he is preaching
according to his view, and not as a
dissembler, because he is before the
world, not as priest Of the Roman
Catholic Church, but as the priest or
bishop of an entirely independent
church; he would not be any more
dissembler than if he had joined the
Mathodist Church; no more dis