ALLEGED LOAN.

Waikato Times, Volume 111, Issue 18653, 3 June 1932, Page 7

ALLEGED LOAN.

FOR ERECTION OF CHURCH. CASE FOR THE DEFENOE. BISHOP LISTON’S EVIDENCEWELLINGTON, Thursday. In defence, in the case in whioh Thomas Campbell is seeking the recovery of £ISOO from the Roman Catholic Church, Auckland Diocese, Bishop Liston quoted from the canon law decree 180 as follows Since unhappy experience proves that some priests, either by negligence or too much haste, or for 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 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 these debts. Dr. Liston said Bishop Cleary was 'most careful to conform to canon law, and he could not imagine him giving loose permission to borrow money. Dr. Liston Cross-examined. Counsel for the defence: It has been suggested that no disciplinary action has been taken against Lather Campbell. Is that so? Dr. Liston said he succeeded to the Auokland diocese in December, 1929, and Father Campbell was not then in Whangarei. “ I have communicated to the provincial of his order all I know about this,” he added. Replying to counsel for plaintiff, Dr. Liston said that until It was definitely / shown the Church should meet it he repudiated all liability for the loan, as head of the Roman Catholic Church In Auckland. He did not dispute that the Church In Whangarei had had £3500 from Mr Campbell. Counsel: Assuming—just assuming —there Is a liability to pay the £3500, is anybody in the Roman Gatholio Church liable to repay it? Bishop Liston: Yes, the parish, assuming everything is perfectly correct.

Counsel: Putting it quite bluntly, you come Into this Court suggesting misconduct against Father Campbell through your counsel, don’t you? Dr. Liston: To us it Is clear that Father Campbell muddled parish moneys and has not accounted for them even after a lapse of years.

No Proof of Responsibility. Counsel:,And is that the sole reason why you, as head of the Church in Auckland, refuse to pay this sura of , money to a third party?—Oh, no. 1 ■<have had no proof yet that 1 am responsible for it. Ur. Liston said he understood Father Campbell was now assistant to the parish priest in Blenheim. Counsel for Plaintiff: Believing that he has misapplied parish moneys, have you taken any steps to have him removed from that office? The Bishop: I consider it would be improper for me to take any steps until this matter Is cleared up. Heplying to further questions, Dr. Liston said he hud not heard of Father Campbell having been brought before any ecclesiastical court. Counsel for Plaintiff: As head of the Roman Catholic Church in Auckland, do you approve of that Church seeking to take advantage of a legal technicality to avoid liability?—l am fully entitled to use every legal means to decide whether there is liability. Counsel: Are you content to take refugo behind a technical defence apart from any meritorious defence? —Yes, I am entitled to do that. Evidence was also given by Father Henry Joseph Herring, who succeeded Father Campbell as parish priest at Whangarel. He said that when he took over, the parish books were not banded to him. They were taken away by Father Campbell to be written up, but they were not complete when they were returned. The parish was not a wealthy one. Without considering any additional burden, it required a supreme effort to carry on. If a satisfactory account was rendered of all money received .by Father Campbell In connection with the building of the new church, he would be prepared to place the position before his parishioners. Counsel: If the land and buildings cost £13,500, there is no foundation for any of your accusations and charges, is there?—lt seems to me that begs the whole question. His Honour: Oh, try ;yid be frank, Mr Herring. Counsel for plaintiff suggested that \every penny was accounted for if the land and buildings cost £13,500. Witness: If the figures show that, I am ready to admit it. After counsel had referred to various figures, Father Herring said lie realised that over £13,300 was accounted for, David Kennedy, provincial of the IMarlst Order in New Zealand, said it I was his opinion that if the money i had been paid into the'church funds it should be repaid to Mr Campbell. f •! In answer to counsel for the de- . fenoe Dr. Kennedy said he considered It was an obligation of the parish to pay back the money, and as the church property was vested in the bishop he understood the bishop was responsible. Addresses by Counsel. Counsel for defendant said the church was prepared to admit liability for the debt if it was satisfied the parish accounts were put in order. There appeared to be £2500 unaccounted for. Other irregularities were apparent. It was impossible for tlio bishop to admit liability of the church for debt not legally incurred. Action should have been taken against the parish, not the bishop. Counsel for plaintiff said if the arguments for the defence were sound then this unfortunate man had no hope of recovering the £3500 lie lent the church. A parish had no soul, while all 'assets and funds of a parish were vested m the bishop. The question of what Father Campbell might have done or did not do while parish priest at Whangarei did not affect the plaintiff's rights. While insinuations and veiled charges had been brought jfgainst Father Campbell no evidence been tendered to prove lie mis-

handleil nr misappropriated funds of the parish. A sorry spectacle had hern witnessed of a bishop and a priest washing Iheir dirty linen In the Court on subjects which had nothing whatever In do with the ease. Ills Honour said he would take time to consider His Judgment.