Ai -%.. r IMAGE EVALUATION TEST TARGET (MT-3) V // ^ <^^ :/- fA fe ^ 1.0 Ir'iM IM 1.25 M 2.2 LI ^/- IIIIIM 1.4 1.6 %• <^ 7J ^;. / q;?!^ •/A Photogi'dphic Sciences Corporation ^ « rtV \\ ^9> V 33 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 r^%x #x CIHM/ICMH Microfiche Series. C!HM/ICiVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. U D S n n Coloured covers/ Couvarture de couleur [~~] Covers damaged/ Couverture endommagea Covers restored and/or laminated/ Couverture restaunie et/ou pellicul^e □ Cover title missing/ Le tit itre de couverture manque □ Coloured maps/ Cartes gAographiques en couleur □ Coloured ink (I.e. other than blue or black)/ Encre da couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur □ Bount Reli* Bound with other material/ avec d'autres documents Tight binding may causa shadows or distortion along interior margin/ Lareliure serree peut causer de I'ombra ou de la distorsion ie long da la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches aiout^es lors dune restauration apparaissent dahs la texte, mais. lorsque cela Atait possible, ces pages n'ont pas ^ti film^as. Additional comments:/ Commentaires supplementaires- L'Institut a microfilm* le meilleur exemplaire quit lui a et* possible de se procurer. Les details de cet exemplaire qui sent peut-^tre uniques du point de vue bibliographique, qui peuve.*:! modifier une image reproduite. ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiquAs ci-dessous. "I Coloured pages/ I I Pages de couleur □ Pages damaged/ Pages endommag^as □ Pages restored and/or laminated/ Pages restaur^es et/cu pellicul^es r~T\ Pages discoloured, stained or foxed/ 1 ! Pages dAcolor^es. tachetees ou piqui ees □ Pages detached/ Pages d^tachees HShowthrough/ Transparence n int varies/ in^gale de I'impression Quality of print Quality in^gale Includes supplei Comprend du materiel supplementaire Only edition available/ Seule Edition disponible r~~l Includes supplementary material/ r~l Only edition available/ Pages whollv or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. une pelure. etc.. f^nt tti filmAes i nouveau de facon a obtenir la meilleure image possible This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X 1 — \ — ! — \ — \ — \ — 1 V _J i 12X 16X 20X 24X 28X 32X The copy filmed her* has been reproduced thanks to the generosity of: Th« Nova Scotia Logiiiative Library L'exemplaire film* fut reproduit grice i la gAnArositA de: The Nova Scotia Legislative Library The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. Ail other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Las images suivantes ont M reproduces avec ie plus grand soin, compte tenu de la condition at de la nettet* de I'exempiaire filmA, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimte sont filmte en commen^ant par Ie premier plat et en terminant soit par la derniire page qui comporte une empreinte d'impression ou d'illustration, soit par ie second plat, salon Ie cas. Tous Ie-- autres exemplaires originaux sont filmAs en commandant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparattra sur la dernlAre image de cheque microfiche, selon Ie cas: Ie symbole -^> signifie "A SUIVRE", Ie symbols V signifie "FIN". IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent itre filmAs A des taux de rMuction diffArents. Lorsque Ie document est trop grand pour itte reproduit en un seul cliche, 11 est film* A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant Ie nombre d'images nAcessaire. Les diagrammes suivants illustrent la m^thode. 12 3 1 2 3 4 5 6 »►-- T T:T c IMPORTANT SUPREME COURT-HALIFAX CAUTEN rs. WALSO, ct. al.— Fop Trespass Monday, Dkckmber 31, 18^ [RE-PUDH8HED FROM TMB "SUN."] ■; « (Th« demand for the papers containing the Report of this ''"Pf ^"\ Jml. havuj largelj ceeded the supply, the I'ubli.hcr is induced to give it to the pubhc '"J^^'^j^"- ^5 aScy .„ give the evidince more at length, but tinie would not permit, and the Report-the accuracy ' of which has not been impugned— stands as originally published.) excee Mr. Ritchie opened for the Plaintiff. He trnced the action from its commencement up to the stage in Nvhich it then was— and referred to the Declaration, defendant's Pleas, and the Replication in answer there- to, for the information of his Lordship. He then continued — Gentlemen of the Jury.— The action which you have to try is a simple one of trespass. In opening the pleadings I have put his Lordship and yourselves in posses^ sion of the legal position of this case. It is now my duty to detail to you more clearly the facts in connection with it, in order that you may be enabled to form a just estimate of its merits. The action on the part of the plaintiff is a very simple one,— he claims from you, gentlemen, damages for injuries sustained, which injuries were inflicted upon him by the defendants in person, or at their instiga- tion. The defendants' Pleas in answering to the plamlift's declaration are in ray opinion unusual, and such as 1 cannot com- prehend. It is well known that a defend- ant in answering a declaration w bound to put the distinct grounds of defence m his plea. The general denial that the assault had never been committed, 1 c»n understand— the plea in justification also recommends itself to my judgement. But 1 am at a loss to comprehend uJDn what principle of law or equity tha/'de- fendant attempts to justify the trespasfc by pleading his right to commit an act con- trary to law. If, gentlemen, the dwellmg which Mr. Garten had attempted to enter had been a private residence of the de*. fendant, and if the defendant had employ- ed these persons to prevent such entrance —Garten had attempted to force his way, and the same scene been enacted which, took place in this instance, then, indeed, might such a ground of justification have been pleaded. But how can such a plea be recognized here ' It has been averred k ■ . , 11 I . . <• Riah^ has the sole, absttlule, undisputed that Wmiam Walsh h,.l f"" "^'l-^,;'^^ j f^ 3»'- ^ b^UuT^\ orecud by the discipline ot iheUomau i;aih..l c t-lnuch Catholic cimiiuaiiity ot ilalil^tx, at iheir „wii ctun.re, IS a doctrine absolutely too iiioiialrous to be ei.ieriained lor a inoii.enl; and yet, ttie I'l-^as of the delendai.t assert 1I118. ^^ bat' has be ibe right to close it up Yt W hat ! has lie the power to turn it into a private dvvellioB bouse? — Yes ! V\ hat ! cou'd he without ibe sanc- tion of his coniiregation— nay, in opposi I Such principles are or.kiDwii i" i"»'. li*^"- tlemen, as, 1 doubt not. they aie unknown to you. 1 know not what evidence ihe defendant may be enabled to adduce on this point, but I feri convinced that you could not entertain t-r a m.ineni princi- ples 80 utterly at vadence w.ih the dic- tates of common sense and ju>u e. INor ;'"" ;[y"";7;;;y •'^,si\es. rent it out" as he doIbelievethatevenbvthep.ditv of the ^^^ , j" /^^^ ^,,/ erty ? Yes! These, Catholic Church, will they be enabled to v%. I'd lus ^^/ J J,„,,, .(.^eb would prove to us .he existence "'^l'*-"'; '"'f'' J^ „;,«» you, were you '.o direct .uch que- c'anons. or discipline as will jus i.y t^ « g « 'V ^;^^^^^J^^ ,„ ^^^^ act.on-and commission ot the act upon v»h.uh the pre Jl^^^ ,j,g j^,^i,i„e y„u are callcc upon to sent action is grounded. i„st— this the principle winch [The learned Coun-el here read a por- ";"' *^ J^, ^.^ ,„ ,,,1;. 'I'l.e defen- tionof the defendant's pleas, averring that J^^^'^^ no deny thai a trespass ha. beeu the plaintiff was neither a Homan Latbol.c, ^an s do .1 y ^^ J^^^ ^^ ^ a pew-holder, ..or a member ot the con- ^;;;;;;;;;2;j'Vi,' Carien lorc.biy to be gregalion.] , „_„,j,,i tv.mi the builJing. 1 will not veil ^ Proof ot'this may be attempted, pen.le- ^^^ f^/~,„, g,„Uemen. that .he de- men, but ,t must fal. It there be such an '''l''^^ll\l''^,l, ,,°, prominently before imp;ess.on abroHd It is founded not upon '^^f '^ 7^;=„'; ^alsh-the two'others, the tact that it is so-bui from an asse-t on {°^ .^\ J^\,^,„, ..eiing under his direc- by one of the defendanis to that e 1 ct ^^^^^ ^^ ^^^ ;„„.,„„.d, are not the At this moment he is a pew holder and a uo s y ^^^^ ^^ ^^^ ^^^_ Roman Catholic-and it will re.t upon the parties a - ^ ^^be Rules, Canons, or dis^ defendanis to prove by lesiimony the mos ^"^^'^/j^.e Catholic Chu.ch any such conclusivea.dconvincinethalsuch s not ^J^'^'^"; ^ ,,,„,j ,, i..m. Not only, the case, before you will be e'...lled to P^^^^^^'^^^ ,, g^^.^.i Carten a Catholic, believe it. Why. genilefflen tor thirty f^ '\™„,i ^^.ed chiefly of females years has Samuel Carten regula.ly uuend- but ^'^^^J^;'/ ^^^ ,,,,3 ^',, ^ ^„a,ent ediheCatholicChurch;betoreastonewas ^J^ ^^";; ^^^^^^^^^ father in- l.id ,n 6.. Mary-s, was he a pew holder in ^J P^.t on ol tha ^^^^ J^^^ „, ,imselfand the old Church, and it so happens iha J^^^^^ '',^\i^^^,_h,s innocent family de- wb.n St. Mary's Chapel was buiU he, v^as ^ « '"^«>a ^^^^^^ ^^^^.^^ the very first man who took a pew w.th.n P^^^^^'j^^^J^J^ P ' ly- that ot offering up U. Again ills asserted that he was. ,0 a »'^" ;^^^^^^^^^^ u.e Church to member of the congregation, and therel ac^»'^'"» telong-those supplications to nad no right 10 e.-.ter th-v Church ;-bul ^^^'^J "'^J^f Q,^%y ,^ winch they had this even If true should ..ever have louud ^h«;hL""%;;^^^^^^^^ Now, genH.u.en, ii, way into the Fleas, it ts an u.lerence «J" ^^^^^^^^^^^^^^^^ made up of law and fact B..i le ,.s tor a -J^^^^ " ;'^^^i;.^j',,,,,, „e...g a pew holder, mo.neni admit the tru'h of all the state ^^\" > j member ot the congrega- men.s contained in the Pleas-l ask you, f^^^^^^jj "'^f^"' ^^ chapel gentlemen, it, when St Mary's, a puhc ^^\^J'';^;^^^^^ Chapel was opened for divine wor hip. the J" ^^^^ P^^P^^^'^^e door by two perso.is Bi.hop of th.s Diocese would be ju.i hed hejas me at ^^ ^^^^_ J^-,,,^,,, ._he m at.empt.ng to prevent the admission of «'h« J^^'^^^J ,^,,^.g ,„, v.olence-but any man wuhin Its portals? 1 think not, f 'J^P'J^^J^J';;'^^ and If my supposition be true bow asj^ed byjh >se aj the IJ.shop or Friest i (3) fxcl'vlcd, wns the onW answer he oblainP<1, and whfii liH lanaiton (dthe newspaper controverssy which had taken ph.ce.when he was inierrniited bv tlie (XMinsel for the de- fendani, Mr. W. Young, who objected up- on lean! L'rounds to ihe introduction of that portion of ihe subject into the trinl.— Mr .ioliMSiton followed in answer, and His I.ordship Mr Justice llilihurton ruled, that no evidence which rit.'htlv belonged to 1 trial for libel cuoln be introduced in an action of trespass — and therefore the learned Counsel could not advert to th" articles which had app'^ared, on either side, in the newspapers ] Mr Ritchie, cimti'ined —He said the case had not been entered into hastily by his I'lient ; in proofof whicli he referred til several letters to Oisliop Walsh and one from hiiiiMll as cunsel h^r Mr ('arten to his Lordship enclositig amount of money as Mr Garten's pew rent, — to none ot which letters had any wniien answer been xetiirned— the money lor the pew rent ln\iiia been sent bui consideration, and he was oblieed lo C'line before you Now. unit, r all these ciTcumsiances 1 sh il do^e. ft-elma that I have occupied a Ion.' |i.iril"o nl vour time. 'i'he a*s;inli is- av .^I'v t.me. My two sisers wont >" 'lie I'liaiiel ;!tu't ,|,,9 — MiV mother has >.■ .ST b'°n tl>er.' — I went to ilie t.'tia .ei -'0 the Hih of inly for ir.H I. ur(iO-e <'f paving new rert I oin fcred the pew leui '.o \.Uo S»x'.on, but htt mmfg^ it (4) refused to take it. Jt was about a qnar- ler pa«t nine on Sunday mornin(T. He said there was twtnty-eight days rent due. I offered him the qnarier's rent, but he •vould not take it— he made some remark tbout my father being excluded. 1 was iTointr up to mv pew when he lapped me on the shoulder, and said that the place was locked up— by the place he meant the pew. 1 have been in the habit of going cherc as long as 1 can remember.— Keefe has been Sexton two or three years. Cross-examined— The assault spoken of occurred op Sunday the fust day of July fJishop and he would submit. 1 did not hear what Keefe said. Some one in tlie crowd said, "jou liad lime enough to ar» range matters' before ^ 1 wheeled round and said— yon had better mmd your o*n business— 1 then turned agam and saw Mr Carten whipped into the street, where they whipped him too I don't know for ! saw no more of him. Mr. Carten did not act violently- 1 saw the tears standing in hia eyes— T saw his daughter standing on his left side— 1 have been a member of that congregation for 18 years, for 9 or 10 years that 1 knew Mr. Carten I very sel- Ty"S^^hTrXd\Vc; e Ttil hewa's ^om missed him from hi, pew-wa, re- "^^iTfnMavrnv father was in the commended to Mr. Carten as a good Bool pI i on il^i 'MiTh June o n Friday-he and Shoe maker-1 know that Mr. Carien wa "^n t ih "i; MaJ-did not meL to attended church regularly up to May last. Tav tha my father regularly attended Cross-exammed. 1 heard through he say ^t^*' ""y ."""./ j„,„' When week that Mr Carten was to be expelled ?eTent"oCha;e " thelsl'of July we -I dtd not see all this transaction- Mr^ went there expecting to be refused admit- Carten's manner was m.ld-he seemed tance. Mr. Keefe called upon my father on the afternoon of 29ih June, for what purpose I know not. I was with iny fa- ther on that day-I don't think the Clergymen knew my father was going to the Chapel. 1 do not know that my fa- ther was entreated not to go— I do not know that Mr. Joseph Quinnan was to see my father on this day. I believe had 1 at- about to cry— 1 did not hear him make use of oaihs— he attempted to force his way in — there was a lot of persons collected there — 1 only saw and heard a part of what occurred. William Stokes called but did not an- swer. Richard Nugent, sworn. Knows the Sexton, Keefe. He receives the Pew I tempted o enter the Chapeli should have Rent ; don't know to whom the Rent is S allowed to do so. Keefe had hold of paid by Keefe, nor by whom he was ap- my fatherby the back of the collar, and his pointed. Believes the money is pa d to his ^hU was to^rn_-I did not hear him ^ay. Lordship the Bishop. Never troubled '. You WAfr Carten, you have been himself about these inatters. Holds a pew V^ Tf ]).c nlirr and 1 canH let vou in St. Patrick's. At almeeting in St. ;•?'' 1 & mV£ ;r sly he'would' Mary's last winter. Mr. Carten spoke, and n'to h 8 own pew. I never heard Mr. said he had been a pew-holder nearly 30 Keefe dveareCn v^hy my father was years-his Lordship the Bishop said in SdeT 1 went with'my father to as- reply he hoped he would continue to be a !ert a right which I had reason to know pew-holder 30 years longer. u K- ,«i,tpil-tha new rent had been James Tohin— I served the paper 1 hold S heVua'efb;^":-^^^^^^^ i" -y hand at the office of Messrs Young To acieptThe pew rent from me up to the 4" West. The paper was a notice direct. time when my father had been excluded. When my father said he would go in Keefe and Gowan took hold of him. Malhew Young— I was present at cha. pel on the day mentioned— I saw Mr- Gowan on the left and Mr. Keefe walking up and down— I said to a person I think there is something going on to day— I then heard a voice say here he comes— I step- and ed to hi« Lordship the Bishop to produce a letter from Mr. Ritchie as Mr. Carten's Attorney to his Lordship. A copy of the letter was put in read. James Tobin— Knows nothing of any answer having been returned to this letter. Joseph Quinnan, sworn. Is a member of St. Mary's congregation— don't know p:d to'th: doo:!!M . K ef; ra: st^ndmg positively by whom^h; Sexton is appoint- befoe Mr Carlen-Mr. C. asked what ed. Mr. Keefe receives the pew rent, and S\f.l;«.ndLd Keefe to bring the the door coliection. and the amounts for (5) the cemntery I have seen him rarry the money from \\\p door inlo the Vicar (len- pral'sroom. Mr. Keefe docs not keep the door— I should suppose ho wis alto- gether under the control of the Bishop — he has not charge of the buildins — Mr. Ryan has — I should call him a Sexton — the two in my opinion divide the duty — Keefe is not more under the control of the Bishop than Ryan. Pierre Ryan, sworn. I act as Sacristan of St. Mary's Church. Mr. Keefe is Sex- tnn— he stands at the door to collect pew rents— 1 do not stand at the door. I am appointed by the Bishop and clerizy — I do not know that Mr. Keefe violently exclu- ded Mr. Carten from the Church — Mr. Keefe mipht exclude a person without the hia own acts ohnoxioos to the head of his Clmroli — who has been expelled from ihe besom of that Church by every solemnity which it holds sacred — dragging the Pas- tor whom he should reverence and respect before such a tribunal as this — and doinsf all that in him lies to humiliate and de- grade that faith to which he professes to be attached ; and when I inform you that in the whole experience of the Mother Coun- try or the adjoining Republic, I have been unable to discover one single case or pre- cedent where a Catholic has dared to do that which Samuel Carten has attempted in Halifax, you wn: be enabled to under- stond the nature of the position which he has assumed. (The learned counuel was here interrupled by applause, from audi' authoiity of the Bi.shop. I don't know ence in the body of the court and gallery.) Mr. Young proceeded. Perhaps bis Lordship will permit me earnestly to en- treat an uninterrupted attention on the part of all present here to day ; it is de- sired by the Defendants — it is due to them. We will suppose ter an inotant that the Plaintiff is correct— that, notwi'l'standing the assertion of the Bishop of h:s Church to the contrary, he is a Catholic, a pew holder and a member of the congregbtion of St Mary's, and that ho claims the right of entering this chapel in opposition to his Bishop's express commands. If a Catholic can do this legally — where is the respect. Where the power attaching to the eccle- siastical Office ? It is gone— vanished ; and a civil tribunal, for the first time iu Catholic history, even in the most exciting who appoints Mr. Keefe— I don't know who it was toll Keefe to keep Mr. Carter out of the Chapel. 1 heard Mr. Carten was excluded— but not until he was away from the Church— I heard it from a boy of my own, in the Vestrv. Wednesday, 2nd Jan'y, 1830. William Young, Esq., opened the case on behalf of the Defendants as follows :— May it please your Lordship — Gentlemen of the Jury. I listened to the address o the learned Counsel, who opened this case to you to day on behalf of the PlaintifT, with miich surprise and some concern. — To me it seemed that many of the leading tacts were entirely evaded ; but gentle- . i:, , u • men, 1 feel that they will be more clearly periods of Irish rebellim and hnglish in- and fully developed to yon before this toleration, attempts to divest that Church case is closed. Some of the statements of its legal and reasonable power, and ajms made by the learned Counsel have tended a mortal stab at Ecclesiastical independ- to strengthens belief which I before en- ance. Do noMmagine, gentlemen, that this tertained that he had been grossly misled question can be viewed in any narrow or byhisclients. Think, you gentlemen, that contracted light; the prmci pie at issue is ~ by no means confined to the Calhonc Church. 1 shall attempt to claim, for it. no higher power or more extended juris* diction than belongs to the Church of England or the Church of Scotland. Do not" suppose then, that St. Mary^s alone conduct— would 'have"' come will be affected by the result of your deli- which would berations ;— St. Paul's and St. An- (Jrew's — avery church in Halifax, nay ail throughout this Province have an equal interest at stake. In times past dissensions and diflerer.ces have convul- sed the bosom of the Catholie Church . the Catholic Bishop of this Diocese acting under the most sacred and solemn obliga- tions — under the eye of the whole Catho- lic World — with a superior power to con- and trol him— and every Bishop holding the same rank as himself abnut to pass judge ment on his into this Court with a case not recommend itself to the good sense and right feeling of any Jury. We have to day before us the extraordinary and unseemly spectacle of a man calling him- self a Catholic— who has made himself by i I ')^'( **-, . '- .v_. / « £.7*^ w -» -• •'asi(in,l am hippy to be ena- bled lo inform yon. thai iIihsu cuiieiiiioiis have vaiuslif-d— thai on l/iis stand, upon prinriple, thi' Hishop is PnsHined by tlio unanimnus voice of lii« clertiy and conu'te- i/almn in ihw ciiv. wnli tiie e\-eplion ol five or six who rniv award to ihe plainliti a lardy. almost unwilling, appr.ibation ol his acts. ' His Lordship lias been driiSed mm this court bv a lurbulenl and unworlliy member of his own body, who has been punished and jiisily punished loo, lor ilo; commission of an act at nnee ui.juslifiable and diseraf-eful ; and 1 think I may ven- ture to assert that U will require no little forensic skill on ihe part of the plamtiff.s Counsel to conduct Ins case to a success fal termination Samuel Carteii has been read out from ihe altar of his Church— he has been excluded from iho pale of that Church bv an ajthoriiv which even he re- cognises—and whv ! because he refused th it submission which he was again and again entitled to award ; because he re- fused to do that which, as a man— as a Christian, he was bound to have done— and which would have prevented this un- seemly spectacle ; but rather than bend his stubborn heart, he sets the rules and principles of his Church at defiance, and forces his Bishop bef.Me a Protestant Judge and a Protestant jurv to defend acts which were perfectiv jmttfiabic- li. is a mojt bignificaut f;ict, that m a jury moved for at the commencement ot ihi) term, out of 80 large a body of Catholics as exist in this city, only nine were drawn ol the lor- ty-eight ; and it is equally -or,iri*ing that the Counsel lor the pUiutilT should have taken such care to exclude every one of these nine ; so that now not a smele man of his own faiih remains upon the jury. It seems as thongh the plain lif were atraid to trust to a jurv coiui>os"d of lof-n of his own Church to de-ide b. tueeii himself and hia Bishop. Letusn-.w. acntlemen, ex- amine the issues on 'his i. cord— the plaiii- tilTon the 26th dav ol July issued his writ, ciatmin'i daiiiage> Irom the defend- ants to the amon-it o' X'lOOO. You have it in proof that ihe single aci 0(100 which this action for trespass i.>^ arouhded was committed on Sunday ih^ l."! div id' July By the rule of la\v a ■(■'''••'i'le to N..va Scotia, but which 1 a.n hii>i>v 10 say the good sense of the Enulir^h Pailiament has ahglUhed, we were obliytd lo plead to the same injury four several fines, in conse quence of the plainiiff having set i.ut the , injury in four counts in his declaration. 1 Our pleas in answer lo the declaration, I hesitaie not lo affirm, ct>»l my brother and myseU niore time and labor than any si- milar papiT which 1 have ever drawn since 1 came lo iliis bat — because in the w hole raiiije of English or American prac- ii(;e no case of a similar natuie can be Kiuiid — no precedent upon which lo lound ihe grounds of defence. We have alleged that the Hi. kev Dr. Walsh is the Bishop of this Diocese— that as such Bishop, he was lawfully possessed of and had full power over ihe Cathedral of Si Mary's — that Samuel Carten was not a Catholic, a pew holder, nor a member of the congre- gation— and that he had no right, such being the case, against the will of the Bi- shop" lo attempt a forcible entrance into the Chapel of St. Mary's. To the secimd plea the plaintiff demurred on the ground of insufficiency. Now mark how the re- plication stands— to get in a portion of it the Defendant was obliged to make the following admission,— that the said Wil- liam Wa'.sb, before and at this time, was possessed of the same chapel, and held, used, and enjoyed it for the uses and pur<. poses, and in the manner and form as in the said plea is stated, and by a rule of law it is not incumbent on the Defendant to adduce proof of any of the mailers ad- miiied on the record ; the possession of the Bishop has been admitted, therefore, this difficulty is swept entirely out of the case. You have the Catholic Bishop of this Diocese a Defendant — who holds his posi- tion by a principle which we Protestant, scarcely appreciate — but which a <'athk my Icanieii f'rieii.i how lie iiri'snmed m lay before you, slaleniei.ts so uiletly unfounded, and in- consisieiil wiih the evidence he was to adduce' Not a v.ord is breathed of the retnoiiftrancesol Mr Keefe or Mr. Quin- nan. Not a syllable uttered of the man- ner in which th« sinner was exhorted to nturn to the fold Irom which he had straved Miss ('arien tells you that she and her father went up to the Chapel to issert a noht I hlaine him not tor this ; hut the moment Keefe's finger touched him, that moment his right of action was compleii'. VVhy tluMi did he continue still to foree Ins way ' VVhy create a public distuibance heloie tlie door of that (Jatlie dral where the ^olf'mn riles of his Church were about to hi; celebra;ed. The exclu- sion ol Samuel Carteii had become inevita- ble — the laws of the Catholic Church ren dered it indi.spenftaMe The whole of the scandal which resulted was his own act- he IS the party to blame for the trespass and this trial. 1 shall prove to you out of the mouth of the Vicar General, that from the moujent he wa» read out Irom the altar, he ceased to be a ('aiholic or a pew holder. I shall prove to you that it is polution to the Catholic ceremonies, according to the Catholic ritual, while the celebration of mass, one of the Holiest mysteries of the faith is going on, for a party excommuni- cated to be present — Carten could not, he dare not, enter. But independently of all religious forms, he had no civil right to force an entrance there ; the original title deeds cannot be found — but we have in our possession a copy of the deed as recorded. (The learned counsel here read the deed which invested certain parties with a life interest in liie p.operty as Trustees.) These paities then held a life interest in the property —at their death all personal right cea?ed and the Cathedral was vested in the wardens and electors, — a body elected fiom the pew holders w!io main- tained their rights until the arrival of the present liisliop in 184'2 It is the univer- sally acknowledged rule of the Catholic poliiy ihrouj^houl the whole world that all the temporalities of the Catholic Church •hall, by Tiitue ut his ecleeiaslical office, holdug to the Bishop of the D.ocese ift wnif'h such temporalities are. ('I'lio learned ('.Mlll«^;l here read and roirimenlcd on the Minute* ot a meeting of the wardens aniJ eh-ciors at winch by a resolutiim, the power possessed by them was iranslerred to the Bishop — stating that the minutes were signed by all the I lie wardens and electors among whom was Mr Carten.) You heard me admit that Dr. Walsh had the power ol appoiniin? all the offi- cers of the Church under his controul, in- cluding the sexton — and that since lb42 he has exercised that power — and that he wai the sole, absolute, and uncontrolled pos' sessor of the Cathedral of tit. Mary, it is this principle which gives lo the Catholic (,'hurch iis unity of action and hrmness of purpose, it IS that which has preserved II in one unbroken and magnifict-nt line up to our .Saviour ; it is the goveriing power, the saving piinciple, which has preserved the splendid fabric amid the fall of nations and the wreck of empires. Even they who denv its duine origin caiinoi deny the statiiliiy and grandeur wfiich surround it. Men must acknowledge that the Papal Church, let their opinions be what they may, is a mighiy evidence of the power of human wisdom ; and does the plantiff think, docs Mr. Samuel Carten think, thai he IS to overthrow this superhuman struc- ture' Who IS Mr Carten ; is /le some man of unblemiihed virtue and exemplary life, that he has undertaken this work 1 will nut fol.o.v the example, the bad example, set me by the learned Counsel (or the Plaintiff 1 shall not attempt lo injure .Mr. Carten, nor malign his character ; but 1 may be pardoned for saying that Samuel Cn.rten is not the man to shake the founda- tion of the Catholic Church ; neiiher from his talents nor his virtue ; possinly he may be able to wriie his tiame— but i am sure he could not write two grammatical sentences, and therefore I cannot but feel his conduct to have been most rash, inconsiderate, and unjustifiable; unjustifi- able both as regards good feeling and in point of law. Has it been bv a mere whim and caprice of Dr. Walsh, that Mr. Car- ten has been expelled. Think you that a man like the Catholic Bishop, to whom even his enemies cannot deny the most consummaie ability, has thrust Mr. Carten out of his Church for authing. In Febru* V i I mmm npi" ■*»«*■ ^M"^ («) ary you will perceive that his Lordship had no aiiimosiiy towards Mr. (Jarlen—for, when Mr. t;arten stated that he had been a pew holder for iliiriy years— he answered thai he hoped Mr. (Jarten miohi coniinun a pew holder lor ihiriy years longer. \: Hinliop was the l.-g:il, sole, and absolute (.ossessor of the Catholic Church— can you doubt fur a moment, under the princi- ples I have just laid down to you, his light to expel any party violating its rules, canons, or discipline. W.' cannot pretend to read the heart or mind of the Catholic Hishop— nor arc we cap;4)le of judi^iiig of the e.iuity of his de- tisious. It will be proved to you that the sen- tence of excomiiiunicalion is valid, and I deny the power of any common law or eiiuiiy Court to interfere its authority betwad a cat*' which recently occurred m India — where • Catholic Bisliop had refused to bury a soklier because he had neglected his spiritual dutiee A formal complaint was made, and it wim decided by that Roman Catholics were bound to act up to the rules of their re- ligion or abide by the consequences.) And now, gentlemen, to conclude, I ask you to watch well the course which the learned Counsel will take in closing this case —be misled by no dubious clouds, no logKal sophis- tries — clear as day must bo the principlea which are to give the Plaintiff a verdict. This case may at hrst seeni doubtful--but as the mists which settle round the base of a moun- tain for a time ciuud iu beauty,] till the light wind springs up, causing tlie mists to arise and unveil its splendour — so will all doubt vani.-ih, and everything be made clear and plain to you by the application of sound ptin- ciples. It is the earnest wish of the Bishop that the PIr.intiff should not abandon the faith of his fathers — that he should not wander from the fold which his own feelings teach him is the fold for him. And when, gentlemen, Samuel Carten shall he stretche not spelt properly, and I determined not trol of the Bishop of the Diocese— I have to come— so I took a shy into the country, examined this original record Book care- The Reverend Michael Hannan— Sworn, fuHy^ jj commences in 1801— by the gene- I have been a Priest about four tears and j^\ J^^\Q „f ihe Catholic Church the Bishop a half— I have been in Bermuda for about of the Diocese has control of all the lem- nine months— I read a paper in St. Mary's poralities and ofeveryCathedrsl- 1 am not on iha I5th April last fiom the Altar— it jware that there is any lay body in the was Sunday, [a paper was handed to wit-< ncss] this is the paper I read — I received it from His Lordship Dr. Walsh. I read it by his command — Mr Carten was pre- sent, the paper annexed is attested by his signature — I read the paper between the world holding authority distinct from the Bishop. There is none in Ireland and Italy. In 1843 a change took place in the administration of the temporalities of St. Maiy's. Dr. Walsh was appointed full Bishop of this Diocese in 1845— the o;igi- houra of 12 and 1 o'clock. The pamphlet „g\ Diocese was divided into two. Dr. referred to in ihis paper, is the Letters of Fraser was appointed to preside over one Hihernicus. Diocess and Dr Walsh over the other— by Crosa examined ;—l read this paper the laws of the Catholic Church when the with the exception of the last page— I Coadjutor Bishop is first appointed the it (la) i prewding Bishop may object but aliar he iR once received he can not deprive hira of hii office. This change spoken of in 1842 was made with the sanction and approval of the Bishop of tlie Diocese ties IS uruunJ lor excommunication.— Samuel Garten is not a Catholic now —I swear that he is not a member of the Congregation, nor is he a pew holder, nor recognised as such ; ha *i,nn« T)r Walsh has been appointed ceased to be a Catholic by the excommu Bi hopt'h I i fact hadthe cont'rSl. and nication read from the Altar I have seen .^:n'?w'::r^nd possessor of the Cathed^^^ ^^^^r^^re it ,s in Dr t.f St. Mary's. Dr. Walsh receives the whole pew rents and revenues— he admi- nisters them, he appoints all officers— they hold their offices at his will as their ecle- siastical superior and may be dismissed at any lime. There is no authoriiy which Walsh's hand' writing. I left Halifax for New York on the 5th April, and returned I9jh May. I was present at a meeting in St. Mary's <^'athedial, at which the Plaintiff was present— it was held the 25lh Feby. Mr. Young here asked the witness if z:Z;.:XL^..:"^;^2 - -^r-'^S-'- s=^ this power. There is an appeal to the bacred congregation at Rome. The Bishop has a right to shut up the Church at his pleasure by a local interdict. It has been the case throughout entire states. The whole City of Venice was at ore time placed under such an interdict The lawful possession to the Cathedral of Saint Marv s, is according to the laws of the Catholic Church at present vested in the Bishop of this Diocese. There is a power in the Church of excom inunicaiing any member. The power be Mr. Carten at that meeting which attract- ed his (the witnesses) attention. Mr Ritchie objected totheqwestion upon the ground that circumstances which took place several months before the excom- munication could not be pleaded. Mr Young replied and Mr Johnston was heard in answer. . His Lordship decided that the evidence of the expulsion should be admitted, sub- ject to all the objections uiged by the Counsel for the Plaintiff. Mr. Connolly's examination pr(jceeded Z,ei.',[.ler'p'.°wre»'°c«i»g U.«; ,. n.. ,e,„i,ed, ,f I »e,. c.".d "pon .o functions except those 1 have named. A sentence of expulsion is authenticated by the writing of him who commanded it. A Bishop is not obliged to consult his Vicar General before passing sentence of excom- munication on any party— but it is general- ly done for his own safety. I knew the defendant, previous to July 1849, he held a pass such a sentence I could not imagine a better form. Mr. Young here tendered the document Mr. Connolly— examined as to the paper by Mr. Ritchie. I knew that this paper was to be executed when I went away, and I ascertained after 1 returned thatit had been finished ; I don't think the rar,."Ka ' -.h,;. ,Je,e ai,re Ji; «,.. pap=. baa ^^f'^^ZZ .,„,C..holic logo on«e a yeartoconfaaaion paper i. i^'^J'^ ./f,;!", X'/wen, .en. and coiBiQunion — the ouusaiou or liiBoe ar. ;ic*i mc ju. ••-;- - i . 1 (»») to Rome it woul' require aume «i(;nature to authenticate ii. I think the signature of the Bishop or Vicar Genera) necessary in an ecclesiasticai court — but it is not necessary to the validity of the document —a monition is necessary to an excommu- nication, I consider the first of these papers a monition and an excommunication both— stillihe monition precedes the excom munication. It is not necessary for the va- lidity ofihe excommunication, that anyoiher sentence should be pronounced, Some time is given between the monition and the excommunication for retractation. I hold that a Catholic Bishop can by assigning one reason from the altar, declare that un- less a party come before his church before some future tune, and repent of his contu- macy, he is nwnc pro tunc excommunica- tion— the sentence doe^ not come into ope- ration until the time shall have expired — no further sentence is required. Sentence cun be declared without any further notice to the offending party. 1 was not present when either of these papers was read from the altar ; it is a general rule that a promulgation should be made in all public excommunications. Theologians assign 7 ■consequences of an excommunication — one is exclusion from the church — no riles car. be celebrated in the presence of the ex- oommunicate — he can not be present at the eacrifice, and is deprived of the reception and administration of the Sacrament: he is cut off from communicatio'i with the faith- ful, which in Catholic i^ountries has a dif ferent meaning horn what it has in this I have read of instances of secret excom- munication. If the Bishop weie to ex- communicate a party and confine that to himself alone the party would not be «leemed excommunicate — the party has ni means of disproving the facts alleged against him before tno monition takes place — the person ir.ust i:now that the excommunication is lo take place— I be- lieve that a civil triuanal has no right to judge as to who shall or shall not enter a Catholic Church, the Bi»hr.p requires motives and strong motives to excommu* nicate a party- the party is not required to be present before excommunication- the monition can be read from the Altar before Any previous notice has been given to the delinquent. Mr. Johnson objected to the reception of the document, it not having been pleaded. It was received subject to a,ll the abjac tions — and read. The second Document waa tendered and refused. Mr. Connolly's evidence continued — I left Halifax on the 5th April— I heard that the sentence of excommunicatioii^ad pas< sed while I was in New York— I attended the meeting in February at St Mary's, and observed the irreverent conduct of Mr. Carten there— some excitement being mani- fested in the body of the Court and Gallery, the Judge adjourned the Court until 10 o'clock tha fnllowing morning — threatening that were the same conduct persisted in. he would adjourn it sine die. Mr. Connolly — On my return I found these proceedings had been taken against Mr. Car- ten — I was in Halifax from that time till the trespass took plane. Mr. Carten came to Cha- pel surriptiiiously on the 29th June- it waj* not knowo that hi; did so until the service was nearly over. It it had beenknown in time ih(! service must have been stopped. — When it came to my knowledge I held a con- sultation with the Bishop, and we djecided to allow the service to proceed, in order to pre- vent the scandal which would have occurred had we put a stop to the service, as it wa« then nearly over. I gave instructions to the Sexton — to be moHt particular not to touch Mr. Carten — to stand two or three feet within the church, and only to prevent his ingress if he attempted to force his way. Up to the first of July Mrs. Carten and her children came to the chapel, and would never have been dk- lurbcd had it not been for Mr. Carten's at- unupt at intrusion. Mr Young here tendered the record book of the Electoja of St. Mary's. It was received and read. Mr. Connolly — cross-examined — The office of Vicar (leneral is co-ordinate with that of the Bishop in his jurisdiction — I could dismiss a. priest — I could excommunicate. The Bishop (;ould reverse my de»:-i«ion. Mr. Laughnan was Vicar General when I came here in 1842. Wiieu the Bishop came back Mr. Laughoan was not Vicar General of this Diocess. I r>er- formed duties higher than those belonging to an ordinary Priest— by order of the Bishop. — The Bishop can appoint a Priest to perforin services other than those pertaining to his office. A Bishop has full control over all the temporalities of his diocese. In Catholic conn- tries, and even in Ireland, the Parish Priest has certain rights indepedendent of the Bishop. The Parish Priest keeps the kejt, and has civil possession of the church. .\ Parish Priest ca- nonirally appointed can not be removed, unless it (»*) I 6>t«d guilty of tome crime— 1 mean to »ay (bat when iht* Dishop fe«iU it right to shut up any ehurch within hi* diocese he can do »o — not without «oiiie alleged reason. A Bishop has not the same power over his church that a privats person luis ovei his dwelling. The clergyman, unless canonically appointed, Is rciiioveable at the pleasure of the Bishop that is the case ia Nova Scolia. I know nothing' of this Parish previous to 1S42.— My experience has been derived principally from Ireland. I have been in Italy, France and Ireland, and among ecclesiastics. Never been among them in Canada. Cant say whe- ther the French system prevails in Canada or whether the tamporali'ies are vested in laymen. It is so in some of the French parishes in this Province under the control of the Bishop — also in France — it does not exist in Ireland nor in Rome. The decisions of Gene- ral Councils prevail throughout the Church. If the C^ouncil of Trent make any decisions as regards the Doctrines of the Church they arc received ; but it is optional whether their decisions touching discipline be received or not. An excommumcation is binding on all occasions. In Catholic countries there are Bishnp'a Courts, in which the Vicar General presides. In such countries a sentence of ex- communication is considered as the sentence of an Ecclesiastical Court. There are mcny laws of the Church which do not apply to the whole Roman Catholic world. The power of the Church in Nova Scotia is the same as m It y. The farther a Bishop is removed from Rome the greater are his faculties. Members of theChurchcan appeal to Rome; and it has been done in many instances. It has been done in this City. The general Laws and Canons of the Church apply here so far as circumstances will permit. It is a general rule applicable to the universalChurch that monition mustj)recede excommunication. No special rule made at Rome applies to this conniry. In Roman Ca- tholic countries in a Bishop's Court he de- cides according to his own knowledge. — If any of his Clergy inform him that a member of the Church has committed a •rime, and the Bishop is morally certain that such is the case he excommunicates the offender, I think that many of the rules that prevailed in England when it was a Roman Catholic Country, now prevail in The Bishop had no power here to persons from either speaking or with the excommunicate. The _ who have oft'ended, need not be present when the Bishop receives evidence from hit Clergy. It is not necessary that the delinqvent know either the charges made or the peraoawDo made ihem, but uue ruasuu Ireland prevent dealing persons must be slated in the monition. Evidence may be taken in presence of delinquent or in his ab- sencel monition must be read in his presence. Contingent excommunication can be concurrent with monition — and can be annexed to moniti- on. The first paper here is an excommunication and monition, and if it had been issued with- out any paper following it, it would have been a good excommunication, Mr. Carten by the fact of his not retractinji, within the fortnight given him became then ipso facto excommuni- cated. I have been studying this subject ately. The Lishop and some of ihe Clergy have assisted me in niuking out references. We are bound here by general Laws of the Church. It is not necessary to the validity of a sentence of excommonication, that it should be in writing. If the delinquent appeals to Rome it is exjiedient for the Bishop in self- defence to have it in writing. There are thousands of instances in which no writing takes place, I have not seen any book in.which it is stated that no promulgation is necessary to render sentence valid. Two papers were here produced and proved — one in hand writing of Mr. Hannan, the otl ir in hand writing of witness. The Bishop knew nothing of the paper written bv me. I did not know of my own knowledge that Carten was in Church on the Friday spoken of. In coming into Church after being excommunica- ted, he incurred another excommunication from which the Pop only can relieve him. After hearing that the Plaintiff was in Church, I conferred with l!ie Bishop, and I determined in my own mind to exclude him if he should come again. I myself gave the order for next Sunday. The witness was here asked a question "by Mr. Young, to which he replied — I never heard an excommunication called in Ireland a sentence of a court -when I say sentence of a court, I mean sentence of a Bishop. The paper now shown to rne, is a paper appointing Doctor Walsh administrator Bishop of this Diocese. It gives him power to excommunicate, hut does not create him Bishop. P. Furlong proved that he was oio of the electors in 1842, and was present at a meeting on the fourth of November of that year at which the electors and wardens gave up their control over the temporalities of the church to the Bishop. Pierce Ryan— There are regulations posted up in the Cathedral for Information of pew holders. The one shown to me was put up in the middle of May last. I was in the Vestry and went into the Church to hear the excom munication read by Mr. Hannan. There is a passage between the altar and vestry. The i>Uiituu iieard iri« CZCOinilliilii'-'Siiuii icau. I (14) John Skerry proved copy from Iha regiitry of the original deed of St. Mary'*. ' Thomas Power- I am a member of St. Mary a congregation. 1 was present in Church one Sunday this summer, when Carten came in. The bells were ringing — I had my face to the door. Mr. Carten was going in— Keefe put his Itand uu his bre:l^t and tuld liiia he could not go in, but liis daughter could, Mr. est coDiiderarion to th« mveitigatinc of tba question at isauc ; it is one on which th« moat mo:nentout results depend. The plaintiff i» deeply interested — as deeply concerned as it u ipossible for a man to be in the result of a civil uvestlgation. The decision to which yon may arri%'e will extend far beyond my client ; a Inrge, a prominent portion uftbe population of No. a Scotia will I c Tectcd by it ; nor will it Carten said he would go iu — and did not think rest here,— we may b. told that the qnestioa Keefe could keep him out. Keefe pushed him touches only an individual religious body— bot back o)it of the door, and said he had authority if the law contended for on behalf of the do- to keep him out. Carten said he would go fendant be sound law, the whole commuDity into his pew, which he had occupied for must be affected by it — and all the interests of tl;irty years— and said to send for one of the society must be saved from the consuquencM clergymen— out Keefe should not put him out. of placing in the hands of one mau a pov-nr Carten resisted, forcing Keefe back — and irresponsible, tremendous, overbearing in its Keefe then put him out. Tliey had hold of character— powerful upon the whole popula- each other by the arms. I am positive that tion of this country. If such be the case yon Keefe did not strike Carten. will hesitate to confirm the claims made Imt^ Edward Haley, sworn— I was in Chapel, I for a power not sanctioned by the law — a pow- think, first Sunday in July last ; Mr. Kandick er singularly revolting in Ms nature and effacta. and myself were coming down Spring Garden Road,— one of us said that must be Carten — I _. : rushed in and went up to Carten and Keefe ; """^f* I saw Mr Carten about three feet from the ''. '"* door ; Mr. Keefe said Mr Carten was a dis- \XA *^°*^® '" ^^'^ Church and to all Irishmen. I , ' •*"* said you know Carten what has been published ^arten jy^jj, ^yie Altar, and you ought not to come in. '• . *** Miss Carten told me to mind my own business, unica- J jyij jjgj gj^g ^gg ^ hussy. I did not see "f"" any blows struck After rch, I [Here the Judge remarked that the evi* mined dence of this witness, made for the Plain- should tiff, as it proved abuse.] order The Defendant rested here, and the Judge I here .allowed the Jury to retire for refreshments, ich ho *Afttr their return Mr. Young asked leave to lication *cxamineanother witness. His Lordship grant- when I *«d leave, and Mr. Young called — I Patrick McGrath.— I was in St Mary's •Chapel on the Sunday when the excommuni- cation was read by Mr. Hannan — leading into "the Vestry is a passage with a curtain on each jide — the curtains were open, and the Bishop Vas standing between them — he must have lieard the excommunication read — Carten was 'Jhere - 1 was among the congregation, and saw »he Bishop distinctly — he was inside the iChapel. ^ The Defence here rested. s Hon. J. W. Johnston,- If your Lordship E leases —Gentlemen of the Jury, — If my '*''"*'*^ friend who oponed this case to you was Vestry JOf^'ified in reprosentrng it as oae nf no ordinary excom ""?"■■*> you and all present must be convinced ere ia a **•'** '^ magnitude and importance has been /. The •nhanced by the course pursued by the defeod- j ants. 1 ,isk vnii irpntlairinn. In irivn thn rajm- to The learned Coii'Usel for the defendants was pleased to say ui addre.ssing you the otb«r day, that he saw that my whole nature was interested in this cadse— that, to use hia verj expression, I had entered into it con-amore. What he meant by that, I know not; for op to the ^'^riod of the case ut which he addreasedl you, I hud tukcn no active part in conducting It; a trifling application to the Court and th» examination of one or two witnesses, being all the part I had taken in it. But, gentlemei, tliQ learned Counsel is correct— my whola heart and soul is engaged hi this causa — if ever there was an occasion which could call forth the feeliugs and spirit of a man who poa- sessed one spat k of manhood, that occasion I feel has arrived. It is easy to sail down tite smooth streams when .-f Assault and Battery ;— Samuel Carten, the plaintitr, with his daughter, approaching the door of St. Mary's Cathedral, is informed that he cannot enter, by one of the defendant.- ; — he asks the reason," and it is not given. 1 don't believe in the statement that a reason was given, and I will tell you why. It was distinctly sworn to by Miss Carten, that her father asked Keefc to send for one of the Priests, and let him say that ho was excluded and he should be satisfied. This was a mo- derate and a rational request, but it was re- fused— and therefore, gentlemen, it is, that I doubt that statement. He did not attempt by force to obtain ingress to the building, but simply pressed fo.ward as any other man would have done on a similar occasion, force ii ""mediately U!ilop 'here, he goes on to ;■ k :— Who is Samuel M'arien? and then answering the question , himself, he says— 1 believe lie can just write his name. Whatever feelings dictated these remarks, or in whatever spirit they were 'made, I think, gentlemen, that you will agree ipon hii s with me that they might just as well have been [^e onU .-pared. Mr. Ritchie in opening this case to lop ha^ i\ on, said not one word which did not belong to rhich ht Sii; and m that lies the distinctum between a there j paity who travels out of a case to wound the feelings of another, and he who deals fairly and lusily null iliose subjects wliieii ( ome iiiuki III- ronsidi I ilion This ij not (be fir.-t time, Juiui'ver, in millers tunnci led wiili prcMiil ! linn, that Mr Cai. en li„- b . ("'.".'".reiiru •>> iiii iiie iiiiviie_, <•{ jij IS ade re JartenN jel tell I niorta he Ca ilie All le oiiUHleii Tbi.^ reproach i, Kiinlij i„,t consi-leiit wiib il,t- principles ofa ('burcb. ilie glories <,f whose hierarchy extend back in one hri/liant anJ initgiiifirait line to the Apostles and the incar- nate son of (iod; how can sucb a jirinciple be contended for as held by on.' who was content to be upon earth a Carpenter's son— or of those who as , 'Mechanics were content to minister to their respective wants, and who neither laid claim to nl! the power, nor alt thr tnuporali ties. The learned Counsel was extremely kind to us, who did not bask i.i the sunshine of Kpiscopal knowledge, when.he said, he hoped the Counsel for the Plaintiff were ignor- ant of the etfccts of excommunication, "it im because we do know the elleets, gentlemen that we abhor the act; it is because we well understand its illegality iliat we oppose the principle. You, gentlemen, are not so well aware of the proceedings in a Court of Justice as we who are engaged here on all occasions,' and \ doubt iivt but you were somewhat takcii aback when the learned Counsel so sympath- etically ortered to spare the feelings of Mr Carten the reading of the excommunication What means all tliis sudden regard for the feelin.^softheplaintifl'? Such was the nues lion we asked ourselves, and -..e fe'lt at once there was a screw loose somewhere ; the result proved our surmise to be correct,— it was not admissabic evidence— the document could not be adequtely proved ; and therefore the learn ed Counsel, not from any regard to IMi Carton's feelings, wished to get the docu menl quietly before you without any objection. But the learned Coimsel is not conten- witb all the power— he must also claim the victory for his clients in the newspaper controversy, {» which he tells you that if there was point on one side, there was abundant insolehce on the other. This, gentlemen, was what we mi«ii( have expected ; after having been told of The consummate abilitv of the Bishop— and a,scei- lained that he wielded the sharjier sword, we might suppose that lie would cut the deeper. Let me now turn your attention to Mr. Con- nolly's examination ; he tells vou that the Bi- shop received from the wardens and electors of St Mary's m 18.12 the controlling power which they exercised ovor the temporalities of St. Mary's ; and that since .March, 1815, he has been the absolute and uncontrolled owner and possessor of the same ; that Mr. Carten had been excommumcated, &e. ; and that a monition and an excomiiiunicntion somefime.s went together. But mark this most singulai fact, that when asked by Mr. IJitchie whether bo could put bi> hard upon a single precedent •onfirimng .-U(h a ioiir.se, he stated that be c nuld not It was also -iaied by ftr iMriiari Cuuuaei Uiat this was net Uie 'vui:.c puwurd \ (18) hi Canada, Ireland or France. 1 ask you then, gentlemen, it" Mr. Garten should be looked upon with execration, because he has attempted to extend the civil freedom of the memhers of his Church. Again, Mr. Connol- ly told you that a monition might be concur- rent with an excommunication. Mark the fifect of that; an iniDCenl man may be judged, lentonood and puihrihed, without a single op- portunity having 1 .en atVorded him of pleading hid own cause, oi establishing his own inno- cence. I he exconmiUiiicalion is tothisetiect, that unless Samuel Carten do hrfore a certain day make retractation or apu.oyy, he is on that diiy nu/ic pro iinr excommunicated.— Th(! Rev. witness himself told you lie could turn to no precedent establi.shing this priiicipli- — but he seemed to consider it so perfectly themBL'Ues poHseM; then so long as Samuel Carten paid the rent, so long had he a right lu hold and enjoy that pew. It has been proven to you, that he did occupy and pay the rent for it; and you are now told that Bishop Walsh, irrespective of any fault committed by Mr. Carten, can deprive liiiii of it. 1 ask you to discharge fioiii your minds, this claim of Bishop Walsh; upon it does not depend that stric administration of discipline, which the lear led Counsel contended was absolutely ne' • ssary to the support of the pri: ^iplea of thi: Catholic faith, he certainly has the right to e vercise this power over an oftendiiig Church, where the civil liberties of men are not in- volved ; but to control the liberties of mankind in this way, is repugnant to every noble feeling iu their natures. The Bishop is invested with in natural that he did not deem any substantiation no such power, and this brings us to the ma necessary: in my opinion it is as unnatural, as question at issue, ike cxcom.nunication ttsel''. it IS inconsistent with the dictates of reason- H'this be a monition and not a sentci or the first principles of common justice.- excommunicaticn the whole defence a This then, gentlemen, is the evidence upon the ground \ou will perc^eiyo gentl, ^vhich this defence must turn-and I ask your that the defendants are placed in this singular hilst I attempt to lav it clearly dilemma, that if this paper be a iiionition there sentence of falls to emen. attention w before you. It is admitted that up to May, Mr. Carten n^as a Catholic, a pew holder, and a member of the congregation of St. Mary's; there are two grounds of defence, first that he had no right at any time to enter the Chapel of ?I. Mary"s, contrary to the will of the is no sentence of excommunication— and the whole ground work of the defence is cut away — and if it be a sentence of excommunication— where, I ask is the monition required by the laws of the Catholic Church ? there is none— and either way the defence is invalid. Here, attention to the Hishop. Icontrovert that it is not law, and gentlemen I must turn y ' - ... /- •. javy . tirst then to niuke a monition valid should be a notification to a certain individual that charges have been preferrc". aj^ainst him, ippear dealt But gentlemen the h there has been no authority shewn for it.— We have had allegations and general state- nH"'N; Mr. Connolly has destroyed the uni- mui y.mip.== ..a.^ v,.^.. ,.....y--'- •■(,■■••■ versaiity of his own testimony "by declaring and that if, on a certam day he do not ii that the practice in Ireland is totally different; and answer these charges he wi be the exception in this case makes {he rule.- with as contumacious. But gentleme But it seems as though Nova Scotia were the moment you view it as a sen ence it assunies a peculiar place sought out to establish these very ditterent asptct.^ On the 15th of Apnl abhorent principles You have it before you. without any means ol answering the charge. '• ■ • ■ • • '■ made against him, bamuel Carten IS denounced from the altar of his Church as guilty of crimes the most audacious. The learned Counsel here read the eicom- municatton. as follows : Willisim by the grace of God, and the favour of the Apostolic See, Bishop of Halifax : — " Whereas it is the sacred duty of the Pastor to preserve his flock in peace, and to protect them from the assaults of the powers of darkness, and the incursions ot ail ravenous wolves ; and whereas for several years past, it has been notorious, and is now manifest by many proofs, that an unfortunate member of this congrega- tion, named Samuel Carten, has done every thins in his power to lesist the an thorny of the Chuich, to disturb the peac"* that this Chapel was built when the old one became too small to accommodate the in- creasing congregation. I have no doubt but Bishop Burke contributed as far as possible towards its erection— but the main amount came from the pockets of the people, who built this edifice m order that they and their children might secure to themselves a place where they could worship God according to the dictates of their consciences, and the ceremonials of the religion to which they be- longed. It has also been sworn to that the property came under the management of wardens and electors, who had full power to manage its aftairs, but no further; they could eject iK^ man from his pew, so long as he paiil his rent. When Bishop Walsh came out iu 1842 they transferred their authority to him; but vou will pcn-cive, gentlemen, that thry ' (nild !»ivr him no nnwei \vln''h tliev did not I i 4 (19) of the CatliolicB uf ilii« city, tosnw dis'^orrl, ., and excite diRBension, lo insult and annoy ,; Ills fellow Catholics, to interfere wnh ftae rilegious wickedness, with the lawful jn- iisdiction of his chief Pastor, to deride his authority and that ci his clergy, and to hold them up to uublic contempt. And whereas he has constantly mocked at the sacred rites and festivals. of the Holy Roman Catholic Church, and turned them into derision, and with impious audacity exhibited in the very house of God, his irreverent, scandalous, and rebellious con- duct. And whereas he has publicly ex- hibited and exposed a defamatory pamph- let, containing gross, offensive, unchristian and calumnious charges against various Catholics of this city, both lay and clerical, and has been convicted by his chief Pastor, on his own admission of shameful hypocri- cy and falsehood, touching said act. " And whereas, from the said Chief Pastor he has received paternal and salu- tary admonitions touching his soul's health, and the reformation of his morals — all of which he tias despised. "And whereas, in consideration of his family, and in hope of his sincere amend- ment, his long and wicked course of mis- chief has been mercifully passed over, without any Ecclesiastical censare ; and whereas, notwithstanding, he has on re- cent public occasions come forward with renewed violence, and endeavoured to rend asundei tlie seamier^ garment of Je'- Eus Christ, by resisting His anointed Mi- nisters, and disturbing the peace of His Church, uttering and publishing schisma- Heal sentiments and deliberate calumnies be/ore the whole public, and in the face of this congregation. " And whereas, for many years past he has openly disobeyed two precepts of our 'Holy Mother the Church, promulgated in the Fourth General Council of Lateran j(Canon Omnis iitriusque sexus fidelium.) ,• " And whereas, he has heretofore so- yemnly promised and declared before ■ithe fPeople, Clergy, and Bishop, in this very 'Cathedral, that he would never more inte* iere with Parochial, or Ecclesiastical mat° Hers, which promise he lately broke in the |mo8t insolent manner. I " And whereas, all methods of charity -land forbearance, accompanied by paternal I advice, have been hitherto employed in va;;;, aiiu jnai ijie said Sainuei Cartel) ap- peals t.) prow mure wuted, lebellious, and iibdiirate every day. " And vv.'iereas, any further connection of one so contuinaciiiiis, turbulent and 8f::in- dnloiis, v»iiji the flocli of Christ, would be injurious to (.ur Holy Heli^'ion, subversive ot {leace. uiniy and order in a Contjregatioii 80 long iieretotore dsiiacled by similar causes. ; these presents are to notify the said Samuel Carten, in a Canonical Ad- monition, on the part of the Right Rev'd. Father in Christ. William, Hishop of Ha- lifax, ;hat, by virtue of his ordinary pow- ers, he will proceed, by Ecclesiastical censure, to separate the said Samuel (rom the society of the faithful, and to cut iiim off from all participation in the Sacremenis, Prayers, and Suttraeps of the Catholic Church, unless he retract, either verbally, or in writing, his principles and give a solemn public assurance, that he will, in future, conform, as an obedient member, to the laws and discipline of tne Holy Ca- tholic Church, and never more presume to resist the lawful authority of his Pastors. '* And it is further declaied on the part of the said Right Rev. William, Bishop of Halifax, in the name of the Father, and of the Son, and of the Holy Ghost, that if the said Samuel Carten do not make such ver- bal or written public retraction, and pro- mise as aforesaid, before the hour of twelve o'clock, at noon, on Saturday, the twenty-eighth day ol this present month of April, he, the said Samuel, shall be, and hereby, now for then, is declared to be at thai hour excommunicated and cut off, as a rotten branch, from the Holy Ro- na'> Catholic and Apostolic Church, and deprived of all shurs in the Sacraments and Sacrifice, in the prayers and suffrages of the faithful, and of Christian burial after death. " And whereas, moreover, any further appearance of the said Samuel in the Church of God, without such Retraction, would be an outrageous insult to Almighty Gcd, to his anointed ministers, and hi.uch a r|ueslion which ought to satisfy you ; alien iii dealing' with rights the most sacred anil the most holy— rights the loss (if which d.imns the reputation and character, think you this a good and sulfieient i.xcuse for such a lourse. Is it right tiiat this paper einilaining I'le oiirratiiiii of his guilt — and his senlei^.ce • hoiild be [iromulgatv'd at one time, for no liilter reason than that il would save the .ii>'iiii[i iHiuitie. it (iocs s.-eiii 10 me liial sucii .1 courr.^ H but Intluig Willi the iiionI h-aarticular ca^e, atihop Walsh, and that Lord niienborougii h;'d left the case with the Jury, althougii his own opi- nion appeared to lean with the defendant. Ill answer to an observation of Mr. Young, Mr. Johnston also stat.Ml that the ca.se of I!mu- .raiii vs. Scott went further than th;.t under trial, because there the Judges were he'd answerable in damages for tin; mete ronsp- «!/('/(<■..< of his judgment, while here the ISishop h.id undertaken himself to give elHcacv to his ■eiitence, and in doing so to interfere with the per.sonal liberty and rights of Mr. < 'arteii. Now,— genileiiien, 1 ask you if you . ,iii ■auction such a proceeding ? VVill vouglveanv Di.i.i unrestricted power to damn on parih and ludanin to all eternity ;— w.ih none to ask the •♦■..on why, no tribunal upon earth wiih power to s.iy— wherefore was this done .^ Will you allow a man to he e\coti,niupicated witl/all its attendant horrors unless he consent to crimi- nate himself--to acknowledge crimesjof wh^eh he IS confident he is innocent? You Alexander Wilson— you WiliiamSilver-place yourselves HI Samuel Ciriea's jiosition, rpiestion your- ►Ives— let your own hearts say, how you vvould fcei, were yon placed in the plai iti'tT^.s situa- |ioii|.' Neither of you w ould ; sk for your i^hurch such a power,— -legitimate authority— iuthority in coiisonaiice with reason and coin- ion sense is all you would ask. I This case comes bi-fore you under very peculiar circumstances— with vou rests the Interests of the piaiiititi'-i put his cu.se I'ear- bssiy into your liaiid.s ; the law has placed »ou 111 your present position and by the oatiis Miieh you have taken and which are recorded 1 h»>aveii, I charge you to do my client that .stice which he deserves. You have solemnlv Iworn before (I'ml, and in the presenco of vou'r f'ountry to decide this case according to' the *vidence— and on your verdict hangs the fate *1 the plaintiff ; fearful are the odds against ^fvhich he has to contend ; fearful the reKult If II lerniinate jgtinst him. There are certain peculiarities in tliiji case wliicli I feel lx>uiid to .idvert to before closing— we have aoincliines had III this Court the silranae sight of a learned Couiucl willi hid back to the judge and a cold shoulder to the jury addressing i:i a very plead- ing manner the audience outside ; workili" upon the p.'i:iMuiii* ill u way which wan sure to lell with a powerful eli'ect upon e.\cilable hearts — especially when the .subject of decla- mation torched the deepest fielingi of man's nature ; and the effect has been witnessed in the loud plaudits which which have followe d The learned I'ouuiel ceitainly did, with an un .lanng hand lay bare the system which he w: s advocatjii;;. It i.s true he wreathed it around with 'eriiis of adulation, but still its true nature and character was too plain to be misunderstood. We now well understand the extent of the power claimed -and the arbitrary and unjust e.vercise of it in the present in- stance. 1 can not imagine, geiitlemeu, how any man can desire thut in one relation of Jifa which he would tiample upon in unollier. 1 can imagine the learned Counsel on some other occasion, before the same audience, Uivii ■; them a lecture upon the rights and pri- vileges which they enjoyed or in his opinion ought to e'.joy, and pleading the cause of freedom v/ith all the power of which he wa.s master. Wliat a contrast does his speech of the other day present to you. When the 'earned CouiLsel next attempts anything of that kind, let liiiii remember the cause of (-'arteii vs. Walsh — and the singular c-om- me'itary which it will present upon the course he tneii may take or the sentiments he niav give e.\[)ression to, will certainly teach us to admire liis consistency. This gentlemen is a f|uestion which touches the dearest interests of each one of ycu — it enters into the very vesti- bule of the heart ;— I call upon you therefore not to swerve for one moment from the strictest line of duty ; I feel that the power sought for by liishop Walsh is utterly uiconsistent with the liberties of the people ; he may be a man to vvliom such power might be intrusted— but his successor may not. The strongest mind becomes blinded ulien wielding power — the heait is led astray — principles are forgotten and slumber, power, irresponsible power may, nay must be, from man's very nature, abused. It was in the very worst taste, that the learned Counsel made the remarks he did touching the Jury who were to try this cause. Why, gentlemen, suppose for one moment it were a Catholic Jury who were called upon to decide if, — what a singular position vvould they be placed in— when we are told that their Bishop may e.xconimunicatt, and right or wrong they must submit. This case is before you— it m in your hand.s, you ore rompetentto decide — -4 err, lyi Knd on your veiJirt rr*t« the conwquanceH , — k VRrJict grntleiiien which may l\,tui uii irii- nortuiil epoch iu the unnaU ol" your <'ouriir\. Whui will a verdict tor the dtfeiulunt'* atliieyp ' neod I exjiaiid thr idea thiit rta-*lifs ucring every hruin. But we are told that a verdict for lh-r> dillerent conclusion ; but 1 ha\e 4ei-ii iiiim-, and 1 marked the hu- iiiiliHting, conteiiipluoUH manner in which \\a vvu!t treated, with j. feeling akin to disigu^l If, goiitlciiien, you belie- i- that the ilefeiidants have inado out their justifiration, give them a verdict; ifop the conirary, from the evidence before you, you are of opinion th.it Samuel Carten las been harshly ar.d unjustly treated, then I ask you to ilischarge your duty fearle««- ly and well; yojr oath demands it of you, re- corded as it is in heaven; then, if you believe the Plaintiff right, you mast atlirm it regardless of consequence*. The learned Counsel closed his speech with a reference to Mr. Carten't death bed scene; this, gentlemen, though not often referred to iti a Court uf Justice, is not inappropriate here; but when we speak of this, earth and earthly feelings must be foi- gotten,— sorn.'t.ning higher and holier than the casual interi ,ts of this life are brought to bear upon our erring natures. But, when the learned (Counsel referred to this, I could r.ot but feel that before the tribunal of the .Mnngh- ty he would scarcely urge a distinction between a Shoe-i:iaker and a Bishop. No, gentlemen. Samuel Carten the Shoe-maker, and William Walsn the Bishop, before that awful throne, will stand on an equal footing; and on that day in which you will meet them there, you will be called upon to say whether you did them that justice which you yourselves will then require, by the golden rule of him, the mighty Lord of all. I leave, then, this case in your hands — see that your verdict be just Fhidav. His Lordship Mr Juctice Haliburton charged the Jury as follows : Gentlemen — my desire has been frnni the commencement to the close of this pro- tracted, perhaps unnecessarily protracted trial, to exclude all matter nut bearing di- rectly upon the issue. Accordingly at the very outbel 1 refused to receive evidence in reference to certain articles aliedged to have been printed in a certain Newspaper , and throughout the investigation I have pursued the same course, — excludiug all testimony of an extraneous or irrelaveni •haracter. I was anxious, gentlemen, to submit my charge to you last evening, but there were one or two reasons, in my mind, of sufficient weight to induce me to postpone it until now. 1st — I had listened to a very able argumentative, speech from the learned Counsel for th^ Plaintiff, and from any undue intluence which it might p(! sibly have had on the mind I was anxi- ous to be relieved by the ellect ol a nijhl's (83) ; repose and a tew lioursor t-uim .,«iii.«riiti.iri. hrought Juwn m fvrtmy f^ur ind frn*» ^And sRiiin. (rentlemen. alihout{h I »dmit ihil number •!.« lury jire drawn Now I that the behaviour of the audiem-e in ge suppose 'he Plairtifr'di.l ttnka off all tb« J neral waa .>i. last ♦.v.-niriK rather improved .';Mholic8 or ihe i^ry, uhirh the learnmi and more orderly than on ihe day previous, Counsel seemed t- oonsi.fer •<. romarkahle It was. nevertheless, not such as to permit a circumaiat.ce. wis thcr^ not ffood r«M«n a Judge to br ijf !« a rfv,.,;w ol tno im- when the learned Counsel leji. you that portant question at issue, a desirable calm ness and self-possession. Gentlemen, be- fore i proceed it may be advisable that 1 endeavour to remove one or two false im pressiona which portions of the speech of that the rufht of every good Catholic m the rity has a par;; at his heart— is thriHed with horror at tho Plaintiff's cond'jvi. N(,w. irentlemen the principle laid down by Mr. Yo the leaified counsel lor the defence mav have stamped upon your minds. Mr. Young, in the course of his address, stated that it was a very humiliating sight to be« hold Bishop Walsh drajfged before such a tribunal an this, and he did «ic the honor e.icommunication unjf . must reside wiihiii every religious body, is perfectly just and right. The qu«stron (or you to irv is -has Mr, f'arten been legaHy cut oir from hia CJturch— is the paper whifh has been put m evidence an excommunication and a morition both— to nnint at rne as a ProlrUant Jurigr, and and whether tlie Bishop has the power bv at you. gentlemen, a» a Protestant Jury, assigning one re«on to escof^mnnicala Oenilemen, I cannot understand it lean- any member of his Church. This has been not comprehend how a man who calls him- self a Protestant ran entertain such a hor- ror of Protestant Judges and Protestant Ju- ries. 1 could understand Mr. Carien were he to complain at being tried before a Pro- testant Jury and an old Toiy Judge. Mr. Young's horror at Bishop Walsh's being here tried I can not comprehend. Why, asserted on ont^ hand and controverted on the other, upon various groands— one of which is that the paper of itself carrio» internal evidence that something more is required. To assert that Mr. Garten is not a Catholic is nonsense. Mr. Carten denies not the tenets of his Church— he does not desire to quit that Church— all gentlemen, all juAyec/s save one, I mean he asserts is that he does not admit the the Representative ot the Crown, may be right to put him nut in this way— to in- tried before this tribunal. The learned vejt any man with such a power as is Counsel told you that Mr Carien had sought for by Bishop Walsh is repugnant mocked and laughed at somebody— and to the spirit of our Laws; if, gentlemen •eemed to consider his so doing as a very in considering this question you arrjye at henious crime ; but scarcely had the words the conclusion that Samuel' Carten has passed hi<« lips when he committed the been illegally excommunicated your verdict tery same offence himself. Who is this must be for him. In conclusion, gentle- bamuel Carten ! he asks :— he is a low men, I charge yo,. todo yourduty-siropW fellow— can scarcely read or write; cannot —firmly— plainly ; regardless of persons put two sentences of English together, or consequences.' 1 have the advantage of Ac, and as if he were some Jack the trying this cause before a Jury not one of *Tiant Killer, pointed his fingerat him, and whom I know— and in the presence of a |oclose to his mouth, that had he been the talented Bar, whom I sincerely respect ;!' ravenous wolve" he is represented to be, with not one of whom, however, am 1 on |ie would have bitten it ofT, Now. this terms of intimacy. 1 have never been » >as wrong, and 1 am sure Bishop Walsh, popular Judge— and I never will be one— Jvho IS a gentleman and a scholar, never for I believe it to be utterl- imsonsistent Instructed his Counsel to adopt such a with popularity for any man to speak plain •ourse There is another subject which I and unpalatable truths. fcust bring under your consideration. Out The Jury retired, and after bavioc b«n- ♦f the forty eight jurors drawn, you are absent the beet p«t of the day. rjurne* •Aware that each party has the privilege of to Court without agreeing upoa ' terfitV •tnkinsjotra certain number until it is when they were dismissed t>»' the Jod (^ II li \d I I li %- Appendix. ..'i-lit .0 be our Ly toiive in this pbS J*"-^— »"«=''. '" J-t.ce to his UrU^h.p. we ^ ■i Oentlemen of the Jury,— Fhis is an action of rrespa.^^ l)rouglit by ,>rr. Samuel Carten, of tins place, against his Lordsliip, Dr. Walsh tho Roman Catholic Bishop of Halifax, and -Michael Keefe and Patrick Govvan, two of the I subordinate officers of St. Mary's Cathedral. Elbe plaintiff sets forth in his declaration that Twhen the Assault took place he was a Roman |Catliolic, a pew-holder in St. Mary's, and a &nember of the congregation that assembles .there to worship, and that he was consequently entitled to enter that Church p^ he had hereto- f )re been accustomed, for the purpose afore- said, when on a Sunday in the early part of July, he was forcibly excluded by the two last ftnentioued defendants, acting under the aa- •lijority and by the command of the Bishop.- .Tothis the Bishop (for he assumes the respon- •ibility of the acts of his officers) pleadsi-lst • general denial. 2nd, that at the time spoken .jr he was Roman Catholic Bishop of Halifax .|nd as such invested with the possession of St' Wary s Cathedral, and the plaintiff not bein-a JJornan Catholic, nor a pew-iioider, nor ewi- nied to admission, endeavoured to force an ^ntrance Without his permission, whereupon Tie ordered him to be removed as ha law/uUy -Jnight according to the cannons, rules and dis- cipline of his Church. 3rd, lading aside l»s episcopal character and answering in his own 4T' - Wiinam Walsh, he says'that he Tas ^possessed ot St. Mary's Cathedral as of his f." -■•^.j a v^aiiicurai as 01 Ills ,own property, and the plaintiff attempting to Torce an entrance, he ejected him, as he law- ilully might, any intruder upon his own dwel- ing house. On these pleas is.ue has been ubni tted for your investigation. Vou will Ind however presently, that they will be still Ibrtlersimplitiedbythe manner in which I hall put It to you, for after all, there is in my iPin.on, but one main subject for your con- fderation-whether the plaintiff has been ftg^ularly and legally expelled; the other issues >ing substantially involved in that question.- could have wished to have closed this long frotracled trial last night, but th«r« were .thhold my charge until this morning. 1st, fel' that It was hardly fair upou you a; tha late hour to send you to the cold and uncom- lortablejury room, and leave you the alterna- tive of either spending the night tliere, or of hastily adjudicating upon the cause. 2ud altho' the conduct of the audience had been much improved from what it was on the day preceding, still it was not such as to ensure iny entire confidence. And 3rd, because .m you had just listened to a very eloquent speech and powerful appeal to your feelings from th.- able advocate of the plaintiff, I thought a littl« repose and a night's quiet reBection, might better enable you calmly and coolly to do your duty,— you have now the day before you, and will be neither fatigued nor hurried. Th« cause Itself, gentlemen, is one of great impor- tance, as It affects directly or indirectly the independant action of every religious body, and we cannot wonder at the great interest it has excited, and the very large audience it has attracted. -but the difficulty it presents is in- finitely less than iU importance, for as I have just observed, the whole depends upon vonr opinion as to the one point to which I shall shortly direct your attention. It is said to be a strange and unusual cause, and considering the parties to it, it certainly is so- but I regret to say some very strange and unusual things have been said and done in it, that requires to be noticed, as likely to ^)roduce a prejudice on the mind; and I regret this the more as it withdraws our attention from the main object of our investigation. But we are not here to try a cause by prejudice,' but by lav/ and evi- dence, and by those alone- without reference to the respective stations of the parties, their craeds, or personal influences. Mr. Young ui the course of his address stated that it was a very humiliating thing to see Bishop Walsh qrouglu before suck a tribunal as this, with an emphasis and a manner implying no little con- tempt, and did me the honor to point to me as a Protestant Judge, and to you also as a Pro- testant Jury. Why this should be done, or why this distinction should be alluder whiehlK was expelled, was mock- cordingly, oflered no explanation ; but Mrcri ing or laughing at some one in authority, tho' Young, 'at the same time that he made tli : m who that person was he has not inforined us. clinige, assign? a justification- for lie tells yv ; ce 'I'his offence, he says, was of so serious a that all the clergy and (u ith llio exeepliou t «■ nature, as to call for and justiiy the higUsst five or six persons) the vyhole coi;;;regittion ai #'(-• punishment known to the Church, r.o less tlinii that of excoiiimunieation ; and yet he had hardly uttered these words when ho did the .^aIlle lliiii2 himself iiv 'iKirkini; and ridiciiliii;: the plamtlll' jicrsciKillv lieioie ime of liie iiir.Tesl audieiic(.'.H ever seen in tliis laaMiiiir.— than- king hi- position, and piintins hi-' linger at his face. Ml close, that if lie had liciii tlu; " inrd and their henrts pauui iairilitT's rundncl , and the thrilled with horror, and grieved at the p goes oil to claim the right oC a iiioKt siiinmar excnniniimiralion in and fev the dclViid;mt. If such be tni<<, he wns well _ warranted n what he has done in .stnkiiii.' off llnnr iiaiiiL- !)Ut whcllier light or wr. li^ one tiling is ii:f- cei'lain, he has"i;iuat reason to i-nnij'laiii el'.ii dog" hi) i» represented to be- he could have . ittcii. fit \\li;it''\er if rr.it e a prejudice a'1,.11.- (ZT) ini on tliH «core. 1 repeat, gpntlemen, I ;reatly regret the iilrcxhiction of these toiiics, in account of their tendency to infuse undue influences into the mind, and also on account of their withdrawing our attention from the ' iiiain object of nur inquiry, but I felt it neces-- • aarv first to dispose of and exclude all these Inglish ' extraneous matters b«fore we enter the great n the »<]Ue»tion at issue, for it ia my desire, as it is al and fniy duty, that both parties should have a fail laintifl' *• and impartial hearing. I have already told sne, a* 'you that the difficulty of the inquiry was by er,"— wo means in proportion to the importance of nan to St, and I shall now show you that it is within y mil- *ivery narrow limits. In order to aid yon in and of ^^rour deliberation, I will Jay down a general s city, 'Jirinciple for your gtridance. " Every body, rn the -Vvhelher Lay or Ecclesiastical, whether it be y, eh : 'k congregation for worship, an association for II vcrv ^"-romoting temperance, a lodge for Freemasons, ojt ot ' r a club for social purposes, .has a right to lay Jown in its ewn way rules for its own go- vernment ; and as every such body necessarily %nd inherently possesses the power of expul- sion for the violation of its rules, all that is ne- Ifcessary to legalize such expulsion is an obser ) out cl not fit ! reach, of Ull a place le even ic more list, cl rhereb} ur, am iwn an I gravi that hi ?*ation on its own part of the rules and lorms for such case made and provided." Acting By the *n this principle, 1 do not stop to enquire whe- tnamer *ther the power hero claimed is arbitrary or liot. I abstain from assenting to or dissenting •#om the creed formula and^dincipline of the «oman Catholic Chnrch. We are not a Court •ff Appeal on Ecclesiastical matters, and in ♦fiia cause, according to my view of it, we ^n\e nothing to do with such points. Con- rom tlk fediug lo them the power of excommunication drawi :icnoidiiig to the rules and discipline of their e befor. Church, the only question which you have to that li' fccide is this, " had Uisliop Walsh ob.'icived I can- Ind follorwcd the rules and discijilii-" of his an ihes- Church in the mode and manner of excommu- e exist »icatinglMr. Carten?" This he is bouiid to A mavio to legalize his expulsion, and this the plaiu- itled t fiYhna a light to require to be done before he subjet |ubniiis to be deprived of his Christian ]irivi- fejes : or, on the other hand, has the pre- rribed and established form been disjiensed lilli, the usual notire not givesi, or lic;irinT een had, or the seiitenrp been iri( j.Mii,:rly and Hlipeitunely prniiuuuceil. If the roiirse pur- iieil Ik- the legiihir niul ;u ciismiiicd .-ne, tliere ii:st be a vciilict fcr the drfMuhinl •, if not, eiir verdict will be for the i-';:ih!ili'. ilie preof b\ the pleadijiL'^ :i»'c. -smilv rest- d on the IJinhtip ; now lo show iIk; refrularity fills jii-ocreilings, he jiuts in ,i ji.iper v.hirh "11 h:!\e icMil, wliKJ! ho calls both a li.onitidii .ill . Mnn;|,nii;|r,iluili it iiotlliii the .,i«'.iiiili''' "!i Ihi' lOlh a;iN of April, 1SI!(, iii.,»at li he docj not »ubuiit limiself bv .-fatuiday has, ac but Mr ade til ells yii i^pliou ( ituin ai : piiiiui and till i; II una I >^ iiilaiit.- iiited li 11U11IL-: IS li;fi 11 I ■ K i at 12 o'clock, on the 2gth of the u-me monlh, he will be exccn muiiicatid inn.c jro ivnc, that is, that his exccn n.unicatien will have relation back to the 15ih April. In support of this document the Rev. Mr. Connolly is pro- duced, who is high authority, being Vicar Ge- neral of the diocess of Halifax, and versed in the usages of hisChurch^-and he says clearly and distinctly that . is in due form— that it ia both a monition and a contingeut excommuni- cation, to take effect by the lapi-e of lime therein named — that one monition only is re- qnired — and that one reason only need be as- signed in it, and that reason the Bifchop ne(d not furnish tK« proof frtr, moral certainty being all thai is requisite. On the other hand the document is controvejted by the plaintiff ; he says the document is incomplete— it is either a monition or an excommunition, but cannot be both ; if a monition there is no excrmmnnica- tion— if an excommunication then there is no monition. He says first, that the document bears inten.al evidence of its being inccmplete, as to both characters, — Isf, becauss in it the Bishop says 'in the future tense) he uill pro- ceed by censure to cut him d!', wh.Vss he re- tract, by the 28th day of the monlh, whereas, ntm constat, he did not retract by that time. 2nd, because by the last clause he calls it only " an admonilion,'" and holds out hupes of par- don. 3d, because it is not authenticated by the Bishop's hand and seal. 4th, because there is appended to it a certificate of its hav- ing taken effect, under the hand and seal of the Diocesan,* though not proved — ncverlhe- les.s it showed that the authorities of St. Ma- ry's considered it incomplete without other for- malities than those contained in it. It is fur- ther argued that it can only be a monition, be- cause it assumes the guilt of the plaintifl',— as- signed no time for hearing, and, therefore cannot be an exccmmunication, because il-it would be to puiiisii Carten unheard. i»eveiai law books liavo also been cited to show tl.;,i, the down Law requires a man to be heard be- fiirc he is eoiKkiniiid. The necessity ci Ihii is denied by Mr. Connolly, and assteullv niain- taiiud by the other side- and iieilioi'itv lias been quoted to prove that it luiiher is nor ever can be sound law, because it is not in acecii - dance with the jirinciples if lusliee. I!ui theio is one book bearinf; on lhi'M.|i«(i whiib lias not been referii d to bv < jthi r side. \\\ read '.lint I'esliis told Kn;g .A;;rippa that Felix had h ft a man in bonds ilure wlioni the ( l,i, C priests wished him to deiivi r iiji lor exeeiilien, but that lie tiil<) ;!i( m it was iiot according to INmian Law that anv man shonKl seT'cr until he lir^t knew w hat w ;'.s and saw bis accusers I"; llegiil ai'aii.st bilii, Ic 111 e, w l.ii li is gOiKl law bcariiis on (his point tl:;,t wili j,, i i ..■ i2H) dispateJ. Su^h are thf ronflicii.i^ olaims ;i;i.l ■ rgiiment* of liie partios. I repeit th i the question of regularity and formality of pro. eel- inp;s is what you are first to decide ; if every thing it correft there ma''t be a verdict for the defendant,— but a« that document asks us to give our ^ mction to a practice repugnant to our Laws, contrary to the spirit of our jurispru- dence and nth^r ruh's of evidence adopted by our courts, and tiie conseijuences are no less thin denial of tlij rights of burial and Chris- tian fellowship with his countrymen and co- religionists, you o'lght to be w>.'ll assured th:it you are warranted in saying s.) ; — on tho other haml. If Mr. Carten, in your opinion, has been irregularly (and illegally according to Roiinn Cateolic views) exp>lled, the verdict nnust be in hi^ favour, with large damages, for the injury su>.tained by him, as I have already stated, is very great. In the Church sense hi iniy be sai I to ba n^ Roman Catholic, but in ci.nmon pirlance it is .\n abase of terms to say he 13 not oae,in hsart, in ere jd, in sympathy, in a