CHURCH LOAN DISPUTE

Hawera Star, Volume LI, 3 June 1932, Page 6

CHURCH LOAN DISPUTE

OUOTATION OF CANON LAW BISHOP GIVES EVIDENCE COURT DECISION RESERVED. (By Telegraph—Press Association.)

WELLINGTON, June 2. In the defence in the case in which Thomas Campbell is seeking the recovery of £3500 (an alleged loan from Campbell to his son, the parish priest, for the building of . a church) from the Roman Catholic Church in the Auckland diocese, Bishop Liston quoted from the canon law, decree 170: “Since unhappy experience proves that some priests, either by negligence or too much haste, or for the sake of enriching their relatives, burden themselves seriously with debts to the great detriment of their neighbour and the scandal of the faithful, we prohibit in future any parish priest from knowingly burdening himself with a debt of more than £3O without the express permission of the bishop, given in writing. We prohibit, moreover, any priests whatever from contracting debts in the name of the Church or for the sake of the Church without permission being given in writing.” Another Canon stated that a priest who did receive moneys on loan or deposit without the written permission of the bishop was bound to make it clear to the lenders that the bishop of the diocese contracted no obligation whatever to meet those debts.

Bishop Liston said that Bishop Cleary was most careful to conform to the canon law and he could not imagine him giving a loose permission to borrow money.

BOOKS NOT COAIPLETE, Father Henry Joseph Herring, who succeeded Father Campbell as parish priest at Whangarei, said that when he took over the parish the books were not handed to him; they were taken away by Father Campbell to be written up, and they were not complete when returned. If a satisfactory account were rendered of all moneys received by Father Campbell in connection with the building, of., the new church he would be prepared to place the position before his parishioners. Replying to counsel for the plaintiff, Father Herring said he had formulated no specific charge against Father Campbell. “As a matter of fact you are the source of these charges against Father Campbell?” “I think he is the source himself.”

“If the land and buildings cost £13,500 there is no foundation for any of your accusations and harges, is there?”

“It seems to me that begs the whole question.”

Air. Justice MacGregor: Oh, try and be frank, Mr. Herring.,

Counsel for the plaintiff asked the witness to try and answer a simple question directly and not to dodge. After counsel had referred to various figures Father Herring said lie realised that over £13,300 was accounted foT.

Counsel: And the whole of the charges against Father Campbell go if that is so?

Father Herring: He could not conjure the money from the four winds of heaven. I fail to see the consequence. NO PROOF OF EMBEZZLEMENT. Replying to another question Father Herring said he had no proof that Father Campbell had “embezzled” the money. ,

I David Kennedy, Provincial. of the Marist Order in New Zealand, produced a oopy of a letter from Father Campbell to him. It was dated May 24', 1931. He did not know where the original was; it had been misplaced in i some way. Replying to counsel for the plaintiff the witness said it was his opinion that if the money had been paid into the church funds it should be repaid to Campbell. __ In answer to counsel for the defence Kennedy said he considered it was the obligation of the parish to pay back the money, and as church property was vested in the bishop he understood the bishop was responsible. Counsel addressed the court at considerable length. Counsel for the defendant said the church was prepared to admit liability for the debt if it was satisfied that the parish accounts were put in order.

SUM NOT ACCOUNTED FOR. There appeared to be £2500 unaccounted for, and other irregularities were apparent. The Bishop, as well as being governed by canon law, was also governed by the law of the country. It was impossible for the bishop to admit the liability of the church for a debt not legally’ incurred. Action should have been taken against the parish, not the bishop. Counsel discussed the suggested inadmissibility of letters from Bishop Cleary to Father Campbell. ,

i Counsel for the planitiff said that [if the arguments of opposing counsel I were sound this unfortunate man had no hope of recovery of the £3500 he had lent to the church. The parish had no soul, while all the assets and funds pf the parish were vested in the bishop. The question of what Father Campbell might have done or did not do while he was the parish priest at; Whangarei did not affect the plaintiff’s rights. While insinuations and veiled charges had been brought against Father Campbell no evidence had been tendered to prove he had mishandled or misappropriated the funds of the parish. The sorry spectacle had been witnessed of bishop and priest washing their dirty linen in the court on subjects which had nothing whatever to do with the case.

His Honour said he would take time to consider his judgment.

} (By J. H. Claridge.) I : ] I read with considerable interest the I article by Mr. F. J. Oakes, published >in the “Star” of May 24. As 1 was a playing member of the Rawer a Band for nine years from its inception, perhaps 1 can speak with some knowledge of the early days of the band. J agree with Mr. Oakes that “our band” was something to be reckoned with in the ’eighties. Mr. Oakes has correctly mentioned the names of some of the members of the first band, but he has evidently forgotten others. Besides the names given by him there were I William Douglas (horn), F. Beechey (bass), H. Smith (horn), and J. Claridge (baritone). The first bandmaster was. Mr. Barney McGovern, an old soldier from Wanganui, who played the piccolo. After some months Barney ! was replaced by Mr. W. Sinclair (tor- | net), a very fine player. Then followed J Mr. G. Hunter, who worked for Mr. ,F. Cudby. The band was really formed !as an adjunct to the volunteer corps, organised when Te Whiti, the Maori prophet, was “playing up” and threatening to do all sorts of mischief. The present drill shed (or “drill "hall,” as I we proudly called it), near the AngliI can church, was erected by the Atkin- ! son Government to accommodate the volunteers. The first captain of _ this body (100 strong) was the late Felix McGuire, who gave the company a glorious supper the night of his election. Before the drill-shed was finished the band practised in th e to a n hall (later the Opera House). 'Hie instruments were vested in the Town Board, and Mr. W. H. K. Wauklyu, town clerk,, took considerable interest in the band, frequently attending the practices. The band marched out the volunteers on parade nights and wore ■ similar uniforms. Some of the band ?members had “musical ears,” notaoly I Messrs Smith, Hood, Cudby, Smart ! and Douglas; some hadn’t—the lady I whom I afterwards married used to declare that I spoilt the others byplaying “flat.” The Hon. John Bryce , was Native Minister at the time, and our volunteer company, under command of Captain. A. Trimble and headed by the band, was one day ordered to march on Pariliaka. There vas great excitement in Haw-era village; men and women embraced, and some even wept. When we got as> far as Otakeho, however, an official order sent us back home. Yes, we had fine times in the ’eighties; there was always some attraction for the residents, though the town was perhaps only an eighth of its present size.