Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

dictment for criminal libel brought by
William Fl. Gardiner of Camden, against
Robert Goldman of Portland, is of especial
interest, as Mr.. Goldman is bishop of the
Episcopal diocese of Maine:
LINCOLN COUNTY-State VS.. Robert
Goldman. Rescript by Whitehouse. ].
In this Indictment for a criminal libel,
it is alleged that the defendant Robert
Goldman of Portland caused to be read
and published a certain false, malicious
and libeIlous statement that William Fl.
Gardiner of Camden had been publicly
accommodated from the church by the
bishop.
To this Indictment the defendant filed Il
general demurrer. The presiding judge
ov.rruled the demurrer and adjudged the
indictment good. The case comes to the
law court on exceptions to this ruling.
A libel is defined to be 1.-THE malicious
defamation of n living person, made pub
lie by any printing, writing, sign. picture,
representation or eftigy, tending to pro-
woke him to wrath, expose him to pub
lie hatred, contempt or ridicule, or to de-
privc him of the benefits of public con-
fidencc and social intercourse; bat moth
ing shall be deemed a libel unless there
is a publication thereof; and the delivery,
selling, reading or otherwise communi-
eating Il libel directly or indirectly to any
person, is publication"
1t does not appear that the libellou5
matter complained of was published I'M
der circumstances which would have con-
stituted n privileged occasion. Whether
or not this objection can be interposed
as q matter of defence upon the trial OF
the case is a question not now before tn"
court. The decision of that question must
depend upon facts to be disclosed by the
evidence. Under the allegations in the
indictment it is obviously not open to
the defendant upon general demurrer.
The indictment contains the following
avcrment in the second innucndo: Mean
ing that he the said William II. Gardiner
had been excluded from the fel
Iowship OF the Protestant Episcopal
church by the bishop of the diocese Of
Maine, and that he should be taken of
the whole membership of said church ~
a heather and one to be ostracised, avoid
cd and stunned" etc.
1t is claimed that it would not be the
natural effect of the language uttered by
the defendant to convey the meaning thus
ascribcd to it in the innuendo; and mas
much as it is not the office of the in
nucndo to enlarge or change the sense of
the previous words, it is contended that
the communication published by the de-
PENDANT does not warrant the interprcta-
ton thus given to it.
If ic
necessary to consider the varying nature
or the causes and effects of eXcommuni-
cations at different periods of ccclesiasti-
cal history. or to pursue to any extent an
inquiry respecting the established cam
ons and ceremonies of the Protestant
Episcopal church in America. for it is
believed that the popular conception OF
the term accommodation" Is in sub
startial accord with modern leXical def
nitions of the word. In Webster'S Inter-
national Dictionary of 1893, ''EXcommuni-
cation is thus defined: '"rhe act of cx-
communicating or cjccting. especially an
ecclesiastical ccnsure whereby the person
against whom it is pronounced is for the
time cast out from the communion of the
church; exclusion from fellowship in
things spiritual
Accommodation is of two kinds. the
lesser and the greater: the lesser cXcom-
munication is a separation or suspension
from partaking of the eucharist; the
greater is an absolute exclusion Of the
offender from the church and all its
rights and advantages. even from social
intercourse with the faithful
In the American Revision of the Ency-
clcnedia britannica. Vel. s. the Use of
the accommodation as a part of the dis
ciplinc of the Christian church is said To
be based on the prcccpt of Christ Matt
xvi:l9. xviii;l5-1S) and an apostolic exam
pie q Cor. v:5-1-aO. the word anathema
being used in the New Testament to de-
scribe an communicated person.
In the Encyclopedia Americana, excom-
munication' is described as IAN act OF
ecclesiastical jurisdiction whereby n
Christian is separated from the com
munion of the church. In the times when
the laws enforced in their primitive rigoI
the communicated were denied commu-
nication with the faithful. not only ir
sacred things but in common life. This is
greatly modified now and the, persons
who have incurred the uttermost eecIest
astical censure suffer only the spiritual
penalties attached 70 the. offences. Til,
church accommodation has in time ,los
all its civil effect
The indictment alleges the Hbellou.
matter to have been read publicly anC
III The presence and hearing of the pa
fislHoners of St.SJohn's church in ORES
den and in the presence and hearing o
the good citizens of the State
In determining what effect the state
ment complained of was fairly calculate,
to produce upon the minds of the hearers
1t may reasonably be presumed that thes
parishioners at least were acouainte
with the Book of Common Prayer an
administration of the Sacramento. an,
other Rites and Ceremonies of the Churc
according to the use of the Protestan
Episcopal Church in the United States q
America" In this book are printed tn
Ss Articles of Religion, as estab,isbe
by the bishops. the clergy and the lait
OF the Protestant church in the Unite
states OF American in convention, nm -.
l2thSday of September. A. D. 1871 ;, Th
$50 article IS entitled "of excommn,;co,
persons and how they are to be avoided