EXTRAORDINARY CASE.

Lyttelton Times, Volume II, Issue 95, 30 October 1852, Page 5

EXTRAORDINARY CASE.

DR. ACHILLI AND DR. NEWMAN.

This action instituted by the Crown against Dr. J. H. Newman of the Oratory, for a libel upon Dr. Achilli, published in a work entitled " Lectures on the Present Position of Catholics in England," came before the Court of Queen's Bench on June 21st, and excited an extraordinary interest. Tire i&hiei parties in the case are well known to oair readers. The one—Dr. Achilli—born in Italy, and educated for the Church, passed through the schools of Lucca, became a Dominican monk, a popish teacher, a church reformer, a prisoner of the Inquisition, and a Protestant exile. The other—Dr. Newman—born in England, also educated for the Church, became in succession a student of Oxford, a Puseyite, and a Papist. Dr. Achilli, assisted by the Evangelical Alliance, now preaches in an Italian Protestant chapel near Golden Square ; Dr. Newman is a priest of the congregation of St. Philip Neri, and a Father of the Oratory of King; William Street, Strand, and Birmingham. The nature of the charges made by Dr. Newman, and the evidence brought forward by him in defence, are of the most extraordinary kind, and their grossness quite prevents us from giving a distinct account of the proceedings. The trial extended over a period of four days. The plea of justification put in by the defendant contained twenty-three particulars, and all the resources of the Roman Catholic church appear to have been placed at the service of Father Newman, to collect evidence against Dr. Achilli, for which purpose the lowest haunts of debauchery and vice were ransacked for witnesses in support of the charges. For the first lime in England a decree of the Inquisition was admitted as evidence; only, however so far as the fact of the existence of such a decree, upon which the jury returned a verdict, of proved ; on all the other twenty-two pleas the jury returned, not proved, thus convicting Father Newman of libel, for which he now awaits the sentence of the Court. The contest between the two rival churches is not calculated to advance the interests of religion or morality. Whilst Protestantism is scandalized by this proceeding, Roman Catholicism has received a signal defeat; not only have her practices and tendencies been exposed, and her secret vices laid bare, but her arrogant pretensions have received a salutary admonition and check. The trial was conducted with great ability on both sides, and the Lord Chief Justice presided with strict impartiality. Dv. Achilli placed himself in the witness-box, and was under examination upwards of seven hours. His wife was also submitted to examination. The Doctor positively denied the charges. On the one side, therefore, there must have been a gross conspiracy extending over half of Italy ; or, on the other, the grossest perjury and profligacy. Dr. Achilli is thus described: —" He is a, plain-featured middle-sized man, about fifty years of age, and his face is strongly Italian. His forehead is low and receding-, his nose prominent, the mouth and the muscles around it full of resolution and courage. He wears a black wig, the hair of which is perfectly straight, and, being close shaved, this wig ones to his appearance a certain air of the conventicle. Yet he retains many traces of the Roman Catholic priest, especially in his bearing, enunciation, and gestures, which have a sort of stealthy grace about them. His eyes are deep set and lustrous, and, with his black hair, dark complexion, and sombre, demure aspect, leave an impression upon the mind ot the observer by no means agreeable, and not readily to be forgotten. Judging of his intellectual powers from his physiognomy and mode of giving evidence, one would be led to say that he was a man of considerable penetr:.ti.>n and cleverness. The questions put. to him by his own counsel he answered wiih great clearness, and in a calm, unwavering, quiet nuunu-r, without any trace of strong excitement, or feelings deeply roused. Sometimes a. slight contemptuous ' smile accompanied las denials oi

opposing evidence, ami once or twice he even seemed to treat points merrily. His general bearing, however, was serious, without any excessive display of anxiety, or much apparent admixture of cant. Yet at certain portions of his examination:1, without losing his self-pos-session, he became more animated. His dark sunken eyes flashed fire as he listened and replied to the questions put. This was particularly the case when cross-examined by Sir Alexander Cockburn on the more material points of the libel, and especially when he was confronted by the Italian women' who had sworn that he debauched them. The effect produced by these meetings was quite dramatic ; the poor women eyeingtheir alleged seducer with half-timid, vet steady glances, while he, his face overcome "for the moment with a slight pallor, turned upon them looks that seemed to pierce them through. Dr. Achilli's manner in the witnessbox considerably diminished the effect of the sanctimonious expression which his singularly fashioned wig gives to his face. He is evidently a man of strong passion and uncommon nerve." In the long interval between the retirement of the jury for the consideration of their verdict and their return-, the learned Chief Justice was off the bench (during a portion of the time evidencing his energy by making- a speech in the House of Lords), the bar was nearly empty, and accordingly it will be readily understood that the whole court become a scene of confusion and indeed uproar. Every corner was thronged ; and those who could not get room in the court endured the risks of suffocation and strangulation in the passages and on the steps leading from Westminster-hall. The people tlius congregated included advocates and enthusiasts on both sides; and having nothing else to do, the temporary neighbours turned their logic on one another, and got up countless controversies, bearing upon the religious points involved in the trial, and leading, of course, to tierce and not sotto voce personalities. There were several Roman Catholic clergymen in the " well" between the bench and the bar; and these reverend gentlemen were injudicious enough to talk polemics with youthful lawyer's nlerks. At length the verdict was given, and tie cheers which greeted it from the majority of those in the Court were taken up in Westminster hall, and for full half an hour after the jury had been dismissed those who had been present at die event remained in excited groups to discuss its significance.