Current:

Leader (1850-1860), 30th March 1850, Edition 1 of 1, Page 7, March 30, 1850.] ®f)e &*afr£r* 7

Page 7
Page 7
7 of 24

On this page

  • Text (6)
  • Transcript

    • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

      Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

      A Puseyite Rfcusant Ptt^Tlfivaran A X Ua...

      _Jhurch and the law are openly at war with each other _, _^ or some years past the . Reverend Mr . James has ept the neighbourhood of Leigh in a state of con- inual ferment , by his adherence to those canons of he church which are generally deemed obsolete , Lmong other rules which he considers it his duty to nforce is one relating to marriage , which he refuses o celebrate unless the parties claiming his services iave been . cantomed < £ have _expressed a desire to e S _v * -n A i te T _2 ? S abor _^ ve attempts on the part f the Bishop of Manchester to moderate the zeal of lie reverend gentleman on these points , certain of Lis parishioners resolved to bring the case to trial in court of law , in order to ascertain whether he , as a lergyman of the Established Church , could defy the aw with impunity . The charge upon which Mr . ames was brought up was for having " unlawfully efused to marry Henry Pisher and Ann Hardman , n the production of the certificate of the _superin- _enden _Registrar of _thedto in which the | had ; _iveii the requisite notices , and complied with the orms of the act of Parliament . Ine defendant , _rho had surrendered to his bail , pleaded " Not _xuilty . " In stating the case for the prosecution , he Attorney-General for the County Palatine ex- dained that it was one of very great importance , nasmuch as the decision of it might tend to settle onscientious scruples entertained by the defendant md other clergymen as to the course they ought to > _ursue lie related how Mr James had _refused to narry Pisher and Anne Hardman named , on the ; round that they had not been asked in church , and lad not been confirmed . The superintendent- egistrar , having given evidence as to the fact that , he proper legal forms had been complied with , and hat notice was read at three weekly meetings of the _> oor-law guardians , the judge , Mr . Baron Alder- on , took occasion to find fault with the mode of niblishing marriages at guardian meetings . He aid : _~ " ' Is the guardian meeting a public meeting ? May verybody go there ? '—Witness : * No . '—The Judge : How is a father to know when his child is going to narry ? ' 'The marriage noticp-book is open to the iublic at all proper hours . ' 'Yes , that is if a father _nows his child is going to marry—knows what is true— e may go there ; but how is a father to know his child 3 going to marry ? ' 'I am not able to answer that uekion . ' 'No , nor anybody else . The banns were ublished that all people should know . This is one of tie evils of change . ' " The counsel for the defence contended that Mr . ames had committed no legal offence ; he was bound y the canons and by thl rubric , and . if he were rrnn < r his offence if anv was _cognisable in the _Tn' * _£ f , ° _™ _r" _^! " -iW _^ _Vt _T a ! n 3 w 5 fht cclesiastical courts . By the ancient law of the _ihurch , the communion was required to be admi- istered at the marriage ceremony ; and although le rubric added " or at the first opportunity after leir marriage , " this still presupposed a certain egreeof fitness in the parties to receive the com- ranion ; and this the parties were not , as they were ving in a state of fornication . He thought it was ueto members of the church that their scruples _, , i , i i _, n _^ _-. _^^^^ a „„ _,,, nn ocs + u _~ c , _n n _f _n + i , _~~ < , _„ _,. + ., lould be respected as well as those of other _secta- f 1 ' V n ? fr _oZ _^ _t _onTr _, _lfnlorfZfn 1 _^ 1 id religious freedom to compel clergymen , against leir consciences and against the canons which they ere bound to obey , to celebrate one of the church's tost sacred rites to persons who were unfit to receive lem . In summing up . Baron _Alderson said : "As at present advised , he was strongly of opinion iat this was a matter solely of ecclesiastical cognisance , id if he were to act on his opinion now he should direct i acquittal , but if so he should deprive the parties of e opportunity of raising the question . In order there- re to raise the question he must act contrary to his inion , and direct them to find the prisoner guilty , and wrong he could be set right by a superior court . With spect to the objections , they were such as ought to be served , but he should confine them to those which the ¦ fondant took at the time he refused to marry . The sal objections raised he should also reserve . " The fury then found the defendant Guilty , and he as bound over in his own recognisance to appear id receive iud _^ ment when called upon ta _roccivo j _augment _wnon coneu upon .

      March 30, 1850.] ®F)E &*Afr£R* 7

      March 30 , 1850 . ] _® f ) _e _&* afr £ r * 7

      , ~ ,, . , , . ., -R, . . Onmondny A Dep...

      , ~ _,, _. , , . ., _-r _, . . _OnMondny a deputation waiteclupon the Registrar- oncral , at _Somerset-house , with a memorial numc- „ _,, „ ! „ .. _7 v » = ™* n ,. o n _«^ f _Mh nii ™ i _'» _vorjn _. _ic usly signed by JJisPcnters ana Catholics in various _irts of the country , praying him to use his influence Lth Government to procure the abrogation of that » uso of the Marriage Act which requires seven ys' notice to bo given before a license can be ob- inert from a Superintendent-Registrar , and also of it flmi « sf » whinh « ninin « tho _rnulinn- such notices at clause which enjoins the rcaclin Buch notices lore boards ot guardians , or hanging them up in c _register-o Hco of tho district , in those cases where e _snarnage is by . license . In n letter to one of tho ntlemcn composing the deputation , the Registrar- _anorul says he agrees with them m the opinion that tices of marriagoa which are to be by license ought it to be lead before the boards of guardians , and ho ould call Sir George Grey ' s attention to the point , 1 1

      Tjt7e'Pt^Tt'ptr\Xt Nn R»Nvtm<At T>T/^Ttt...

      TJT _7 _e'PT _^ _TT'PTr _\ _xT _nn r _» nvTm < AT T > T _/^ TTT 1 ci _lUj _^ iiiij 11 U _2 N Ul < _UUJNJUtjrAL . _lCHjiiirs . The question of how fax the rules of the Roman . itholic Church , touching marriage , can be made to I

      Tjt7e'Pt^Tt'ptr\Xt Nn R»Nvtm<At T>T/^Ttt...

      overrule the law of England was decided in the negative , last Saturday , in the Court of Arches , The case was that of the Rev . Pierce Conelly , of Albury , Surrey , formerly a clergyman of the _JSpis- copal Church of America , against his wife , who became a nun some years ago , and wishes to continue so . The marriage of the parties took place in 1831 at Philadelphia , according to the rites of the United States _Episcopal _Churched the _fruiti _/ t _^ n _^ was five children , three of whom are alive . The rev . gentleman and his wife lived together until 1835 , when they agreed to embrace the Roman Catholic faith , and took the necessary steps for admission into that church , with a view to Mr . Conelly ' s becoming a Roman Catholic priest , in pursuance of which object they both took a vow of perpetual chastity . Mr . Conelly then proceeded to Rome , and in July * 1843 , returned to America , where he was reioined bv his wife , and they continued to live _together until April , 1844 , in tlJ same house but stifl observing their vow , preparatory to a decree of separation being obtained , which would not only allow Mr . Conelly to take holy orders in the Church of Rome , but also permit his wife to enter a convent as a nun . On a petition being presented to Pope Gregory XVI ., the cardinal's vicar-general pronounced a sentence which was said to have the effect of a decree of sepa- ration , soon after which Mrs . Conolly entered the convent of the Sacred Heart , at Rome , and her hus- band assumed the ecclesiastical dress . He was after- wards ordained a priest , and m May , 1846 , came to England , and became chaplain to the Earl of Shrews- bury . Mrs . Conelly also came to England and founded a community of religious women at Derby , That community afterwards removed to Hastings , and Mrs . Conelly was now its superioress . In order to qualify her for the office it became necessary she should take vows of poverty and obedience , and accordingly , in December 1847 , she did so , and also renewed her vow of chastity . The Rev . Mr . Co- nelly made no objection at first to her taking the vows , but he afterwards entered a protest against her doing so , on the ground that he would be liable for any debts she might incur . In January , 1848 , he went to Hastings and demanded an interview with _his wife , which , however , was declined on her part , whereupon the present proceedings were instituted ! The _case-w-m _hrono-ht unrW thp _nntiro of _tVir > _fVmvt % ? _aSw £ _iSnvimhU _? , « t _S ? p _£ _? _w _««\ _S _rf S _? l _^ h f _™ No m _^\ Ust > w * _Jen * w _* s P _leaded on behalf of the wife that a husband and wife might la _y tul . lv separate by mutual consent , m order to ente * i nto rell gi ° _" s orders and that such separation must be approved of and allowed by the Pope . This was _s _^ ed to have all the force of a legal sentence of separation , and was pleaded as the law applicable to _^ The cour t did not think the question at all determinea bv thefact . No cases had been cited to _^ _owThat laws whichwere peculiar to one state were _^^^^^ _^^" _(^^^ nU _^ lt _^ _"eces _^ sarily taicen not ceot by other countries . It was not sufficient that such was the law of Rome ; it ou _^ ht J ° , be show . n _^ such law had been received f nd _*?** U P O _* ln this kingdom . It was not to the law of Home the court was to look for the rights , duties , and obligations arising from the marriage Wkh _^ _^ qu _£ tion it would look to the la _^ s of England alone . What were those laws ? Q undoubtedlv the _livinc _toother of the nar- _£ " e . _^ e _^ ere not _L _^ * " _*• _™* _J _^ t w * o P t ™ i " ip _« Qn _^ e _ff %° _™ _% _** _°£ eI _^ . \ he * T _* _. ? 5 _^ 8 Pense Vlth _^ L O ? . ga _^ _™ _S _^ Z X _^ _tL _™ S ? T contr !} cVu se P ara . ti ? n , on the contrary , must be attended by a judicial sentence . _bir _**¦• J * * ust » in delivering judgment , said it had heen urged that , although the court might not con- Rider the facts pleaded in the allegation on behalf of Mrs . Conelly a bar to the suit , yet , considering the situation in which the lady was placed , and the vows she had taken , the court might hold its hand , and not compel her to break then ? by enforcing the sen- ff > llpp _TVi p _lpirnpd inrW _siirl _ihnt the _alW « tinn _^"« ? V , _O i 5 _£ i ? f 5 _^ t _, II _Jl ? _™« _J _^ Ll _?„ t £ _E _£ h must be rejected , as there was nothing in it which ought to bar the suit of Mr . Conelly . } . P roctor . _^ _^^ f ° * Mrs C _™ _£ } j _> , _^ aVe notice ot appeal to the Privy Council . " This , " ac- cording to the English Churchman , " was evidently for th r » nurwoso of _civin _^ Mrs Conellv the onnor- J _^ _i _^^^ _n ' ?\ o _^^ Continent " fo ? _during the _^ unuy oi escaping to ino _^ onxinont , ioi _, ammf , ine continuance ot the appeal , the sentence of the Arches n . _„„„„„ „ -i _r _* c _^^^ a _^ a tt _« _, i * _i _« i _, _>« _«^ Court is necessarily suspended . Had there been no _ff _^ the _n ° ° _^ . J _^ _gment would have been ih at ¥ r 8 < Conelly would have been served with an Injuction _, admonishing her to return to her husband ; and ' m casf . of disobedience she would have been pronounced in contempt , and have been incarcerated . *

      Disturbances Nkatl Glasgow. Tuesday La *...

      DISTURBANCES NKATl GLASGOW . Tuesday la * t the _authorlt ics of Ilamilon had to _ai _^ J _^^ _o _^ _o _^ ratcs _rffataMBe ncS Wishaw , and principally inhabited _bj persons employed in _Coltness ironworks . It seems that in _Newmains the poor- rates are levied upon " means and substance , " pressing very heavily upon the _working classes , who consider that it was not intended that they should be brought under the operation of the act . When the officers , however , ap- peared to distrain , the assessment was immediately paid ; but Qn ieavinR they were followed and annoyed by a number of idle boys , one of whom they apprehended . The crowd at this time was considerably increased by tho

      Disturbances Nkatl Glasgow. Tuesday La *...

      addition of the colliers , who _were holding a _meeting relative to the rate of _wages . The prisoner , a drawer in one of the pits , was immediately rescued ; and the officers were hunted to Wishaw , where they took refuge in the _house o { the collector , the crowd continually augmenting and " _the c _^ a , mour exceedinpr anything of the kind since * _i he ' strik _^ s - " . . Tlve sheriff and fiscal , being unable to _disperse t _J e multitude , sent for a detachment of the 4 th _^^^^ _£ _^ b g _^^ _™ _£ _™ rested and conveyed to Hamilton gaol as an example _, The only damage is the breaking of the collector ' s windows .

      The Bridgenobth Murder. ^He Case Of Merc...

      THE BRIDGENOBTH MURDER . _^ he case of Mercy Catherine Newton , which came on _* ° r tr _* a _* at 9 x _* "ri _* _* ast wee _^» _* s altogether one of the most P erplexing with which we have met for many years . _^ ls woman _» as many of ° , ur readers will recollect , was _^ ar ge _j wlt _h _^ _avmR murdered her mother , on the 5 th _2 _^^ _^? £ l _^ i _^ _JZX _™ one could assign any explanation of the mode in which it was accomplished ; nine or even ten suggestions—as strangulation , suffocation , & c , were made , but the evidence failed to confirm any one of them . The question was : did she strangle her mother—and afterwards , throwing oil on the clothes and the sofa where she lay , set fire _f 0 j he _bodv ? or ' wa 8 the fire an accident which ca » sed the death of her mother ? n Jx } ™* w _^ T meT i we ? of . ° P mion that the body l _^ L _^ _Zl _^ i _. _^ e ** £ _^ hS _^& JS _^ been so burnt if the flame had been rendered more intense by a quantity of grease and oil being thrown upon it . At first , the impression was , that the deceased had been thus burnt to death ; but on minuter external examination , it was observed that , with the exception of one small blister , which contained straw-coloured serum , in tne inner side of the right leg , four inches below the knee _» and { ar 1 below the P lac _, e _* here the great burning S _^ bid _^ d _^ _nSk ? f _^^ _~ th _" _^ u _whSTtto injured and uninjured tissues joined , or around that one blister . On the night in question the deceased had not been heard to scream or moan . The medical witnesses all thought that the pain of burning is so great that if alive she must have been in such intense agony that she could not , if she had been strong enough to walk from tne kitchen to the brewhouse , have refrained from screaming , unless under a suicidal determination to refrain from doing so . Hence the belief that the body was burned after death , b u f strengthened by the appearances of the lungs brain , and the black blood in the left auricle of the heart ! which spoke plainly of suffocation . On the other hand , there were no signs of strangulation perceptible on the throat , and the theory for the prosecution was , that the _pnspner smothered her by putting something over her mouth and nostrils , and pressing it so forcibly down as to break and flatten her nose , in the manner above- \ mentioned , and , when she was dead , immediately com- \ _™ nced b _« rni " _8 _h"' But the ™ _* 1 men ' in their post-mortem examination , had not looked at the trachea , j , and internal organs , which would have presented un _> quiVOcal signs if suffocation had been the cause of death and the absence of this evidence , with the absence of any . external marks of strangulation , as of a rope round the neck or fingers on it , made at very dubious whether suffocation really was the cause of death ; and , | if it were actu ally the cause , yet might it not , said the V r \ - I _soner _' s defence / have arisen from -the smoke of the fire J which frightened and then stupefied her , by producing a | spasm of the glottis . And as _* to the presumptive evi- 1 dence of the daughter ' s ill treatment , Mr . Huddlcstone , to show the danger of relying upon such circumstances \ _^ evidence of guilt , drew their attention to the fact that , on a former occasion , the deceased had set fire to the sofa , and if she had been then burned to death , those , expressions and that conduct would have availed as well ' as now to convict her of a crime of which she would j have been beyond all question guiltless . J So thoroughly perplexing is the evidence that , after 1 three post-mortem examinations and ten meetings of I the coroner ' s jury , no agreement could be come to | b _? the J ury _^ _% _?> _, _ISJr _l nn ] L 3 _Ti W I even agree that the prisoner _shoula be put upon her | trial _« However , tried she was at the Spring Assizes , I 1849 and after a two day 8 » trial the jury couid not i agree > and were obliged to be discharged . At the 1 Summer Assizes she was again brought up , and again J the jury were discharged without having agreed upon a _M verdict . She was brought up for the third time on I Thursday , March 23 d . —The prosecution was conducted mi by Mr . / hillimore and Mr . Best , and the defence by Mr . $ y t c a d Mr Xl Kettle IW _Hiiioiesiine _anuwr _. ii , lveun . | fj The prisoner , who is said to be thirty-one years of i | J I looka f _^ dreR 8 ed { half . m y ourni * K puila . j bfo \ Q hw Btatlon y in 15 fe . On the former trials she ex- I hibited t firmneas and composure , and frequently I mado 8 UgKe _, tion 8 to her attorney , but on the present I OCCasion she sat quiet in the dock and appeared to cry i very much , particularly when the witness Mary Corfield , | wa 8 _detailing the expressions fihe had uttered towards her I 1 ! mother , and the mode in which she used to ill-treat her . _>| The jury retired at half . _pnst ton , and returned into 1 court in' _twWty-five minute , ; with a verdict at Not Guilty . 1 By two or three , perhaps four , persons the verdict was I received with plaudits , but by the great body of thn M audience with decorous silence . The prisoner was ordered | to be discharged . ffl If

      ' Fatal Cruelty: The Bidkford Case. £ An...

      ' FATAL CRUELTY : THE _BIDKFORD CASE . £ An Assize case of most tragic interest was tried at | M Exeter , on Friday , last week . Robert Courtis Bird , a M farmer , and Sarah Bird , his wife , were arraigned for tho Jm wilful murder of Mary Ann Parsons , their young servant- _^^ k

  • Citation
    • Leader (1850-1860), March 30, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/ldr_30031850/page/7/