Daily British Whig (1850), 14 Nov 1917, p. 11

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x THE DAILY BRITISH WHIG, WEDNESDAY, NOVEMBER 14, 1917. iat SYMPTOMS? THE BASIL-SPRATT CASE Pains in the Back or Sides, Constant Headaches, Swollen Joints, Urinary | Troubles, Stone or Gravel? You will ; find the remedy in the box below -- | PAGE ELEVEN BUY VICTORY Fresh from the Gardens | struck for the cast, this preliminary {took but : minutes. Following {is a list of the twelve men, chosen {to listen to the evidence and render Trellis, Flower Borders, Railin Gates, Wire Guards, Baskets ag every rer ption of wire goods manu. factured Partridge & Sons. Crescent Wire Works, Kingston. x Phone 880. ==you must keep your stom- ach well, your liver active, the bowels regular, and your blood pure. Your physical condition nds on the health of these organs. When anything goes wrong just tak Just take a few dosés of Beecham's Pills and aveid any serious illness. ey are a fine corrective and & tonic for the system, and a great help in maintaining good ealth. A single box will prove the remedial value of | BEEIHAM'S PILLS . i . ¢ ~~ Largest Sale of Any Medicine in the World, everywhere. In boxes, 25. BUY VICTORY BONDS J. R. B. Gage, 254 Montreal St. "Ranks with the Strongest' HUDSON BAY Insurance Company FIRB INSURANCE Oe OTR EAL de. PERCY ). QUINN, h Branch, Terento 'W. H. GODWIN & SONS FOUR DOCTORS "DISAGREED Features of the Case. bishop Spratt and Mother a most sensational na the management of th the-Lake orphanige. Sister Basil declared charges were never investigated. ment was nothing more than brutai; that they were not even kept clean that on some occasions they wer put to bed with nothing but a crust of bread to eat; t} t there was mis- management of internal affairs; that thousands of dollars were squander- on the money that was the property of the poor; that there was no regard of the members of the order; that in waste of money, in that a steam heating plant which had been satis- factory in every way, had been pulled out and another system installed, to give work to a nephew of the Mother Superior; that children were some- times put to sleep on hard wood floors, and many other charges. 'Further, Sister Basil declared that under the constitution, slie was call- ed upon to make such a report on the condition of affairs, and that on one occasion the Archbishop appealed to her not to write to Rome saying that he would do something for her. Plaintiff replied that she was not seeking an office, but simply wanted to do her duty, and desired things .to be conducted as they should be conducted, Sister Basil declared that her let- ter of protest to Rome was sent as a result.of her charges not being in- vestigated, Her letter was mailed on Sept. 13th, 1916, amd that the at- tempt at abduction was made on the night following the sending of her letter to Rome. Plaintiff also told the story of the assault made on her, and the at- tempt to take her off to an insane asylum in Montreal. She said she told the sisters and Constable John Naylon, that she was not insane, and pleaded with them not to take her away. 'Under oath, she swore that Constable Naylon broke into her room, at 10 o'clock at might, when she was about to retire; and grab- bing hold of her, gagged her when she screamed and that with the as- sistance of some of the Sisters and chauffeur, was taken into an auto- mobile. The proposed trip to the railway station was interrupted by the appearance of Father Mea at the main entrance of the institution, just as the party was ready to drive off. Plaintiff was on the stand for a couple of hours and her e nee had not been completed when court ad- journed at 7 p.m. until 9.30 o'clock Wednesday morning. Counsel for the defence moved for the striking out of certain para- graphs in the statement - of claim, aiid there was quite a lengthy are gument over this, but his Lordship waived 'his ruling on the point at this stage deciding that he would be guided by the evidence later on. Mr. McCarthy, for the defence, stated that while the Roman Catholic had no power to do an net gomplain- od of. In all, there were nine defen dants, and a good deal of the state- ment of claim would be both embar- rassing and prejudicial. Pants of the ¢laim would be apvlicable to some, and not to others. The corpor- ation of the diocese could not take part in the acts as alleged. Mr, Tilley, for the plaintiff, stated that this was the first time he had ever heard an application made to dismiss certain things from the re- iz 4 Beh Hi Mary : Francis Regis and made charges of | the issues that were raised , regarding | i-Marys-of- | that hig tain statements would be embarrass-| control of a Mother Superior and the; , There | Plaintiff declared that among other] things, that the children at the or-|to phanage were being treated like lit- tle animals; that at times the treat- The Plaintiff In the Witness Box--Makes Startling |r. J. Bushell. Charges Regarding the Conduct of St. Mary's- of-the-Lake Orphanage --The Opposing Counsel Clash on Several Points. ! Letters read showing that Sister | be guilty of the acts charged. Mary 'Basil had complained to Arch-| Mr. € Every- thing in of claim | would the statement be material as the i would show Mr. McCarthy claimed that cer- {ing and prejudice the trial. p were in all nine defendants. Some applicable some of the defendants, and not | to others, The corporation could not jake part in the acts for the reason | that it was & land-owning corpora- fon. While it had the power to hold and and mortgages it had no power 0 act as had been complaineg of, { Mr. Tilley said this was he first ttime he had heard of an application | made to alter a record. . If granted, {of tile evidence would be ed, while the Sisters lived in luxury |it would mean depriving the oppor-|three years. In | tunity to try. | Mr. McCarthy cited several para- jfout. In letters parties had been | this action For instance, com- | plaint was made about the election of a Mother Superior. The court had nothing to do with reports sent to | the Mother Superior. It was not fot this gourt to determine just what rules and regulations should be set out for an institution of this kind | Certain charges had been | against the Mother Superior about | | management, but these could not bel { disposed 'of in court. |the court to say whether the Mother | Superior was guilty or not. | alleged admissions had been record- {ed.. If there were irregularities they {should be dealt with by Rome. The court should simply try the charges of assault. Many of the paragraphs in the statement of claim were re- corded events, leading up te the charge of assault, and were irreve- lent. If allowed to remain, it ap- peared to him as if evidence was be- ing secured in an improper manner. It was like having a back door way of admitting evidence. Statements had been made as to what Father Mea' said 5 the thauffeur. The: lat- ter was not a party in the action, and he strongly objected. Father Mea Was not a party in the action, and he therefore strongly objected. Then again, the conversation of Constable Naylon - over the telephone was brought in. This had nothing to do with the charge of assault. Com- plaint was made as to some things which occurred at Belleville. The people alleged ta have taken part in an assault there were not parties to trial. The pleadings should be reform: ed and directed against the party sued for damages. And who was re- sponsible for the damages? This had not been specified. It could not be supposed that the police constable or a doctor on the case would have any- thing to do with this. Deprived of Rights, Mr. Tilley said that the case of the plaintiff, as shown by the pleadings, was that she, a member of the com- munity, was entitled and in duty bound, to make certain a report on what she believed to be improper conditions exisiting in the order. Plaintiff made these charges to the Mother Superior verbally and subse- quently repeated these charges to the Archbishop. She got no satis- faction. Then she made a written report in which she accused the Archbishop of being under the influence of the Mother Superior. © 'She gave rea- sons for her belief that the Arch- bishop was under the influence of the Mother Superior. This reflected on the, Archbishop and the Mother Su- perior and a conspiracy to deprive the plaintiff from exercising all her rights and privileges as a ber of 'the community was planned When an attempt was made to abduct her. This was done for the purpose of be- Hitting her charges and so she would not be listened to as a sensible per- son, but regarded as being a person of unsound mind, Continuing, Mr. Pilley stated that the plaintiff had for twenty-nine years been a member of the order, and as a result would be left penni- less. He could not see how one sin- gle allegation could be struck out. The defence had been put in, there had been an examination on both sides and evidence had been taken on both sides by the commission. He felt that objection was being taken simply be- cause the facts of the case had been stated too elaborately. After all had béén said on the matter from both sides, the judge said he would not do anything at this stage, but would be governed by the evidence as it was proceeded with. : : The Jury Selected. The selection of a jury was then] with, but owing to the jury had been Tilley remarked that counsel] ment of claim. 2 : {for the plaintiff was present to try| opening that, in this action, parties made | Mother Superior, and asked for an It was not for | exist as she reported them. 2 Td Hay, Pittsburgh; = Wil- : of the finest Tea-producing counts y in B ORE {liam Fisher, Portsmouth; Byron Gor- the world. {don, Kingston; Edwin Lawson, King- ston; Thomas Power, Kingston; An- gus Orr, Kingston; N. H, Pittsburgh; J. M McLean, | Blake, Loughboro; | Bath Road; A. E.| Kingston; Philip Haffner,! Richard Baiden, Ports-| iW eller { Kingston; | mouth | Asked for Investigation | Following the swearing in of the | {of the diocese of Kingston could not| Jury. Mr. Tilley addressed the mem- | bers, giving a review of the state-! He remarked at the | | were being tried who very seldom | | came to court. He referred to the evidence | YOW taken by the Sisters of Charity, | and said that each member of the! order was under the direction and Archbishop." The Mother Superior { was elected by members of the or- der. This did not mean an individ- ual vote, but a system such as would be explained. The Mother Superior {was elected every three years. Prior ito 1913, the Mother Superior of the {order was Sister Gabriel, whose evi-| {dence would later on be read tq the jury, and who at présent was con- {nected with one of the branch homes {in western Canada. In 1913 Sister {Mary Frances Regis was elected for 1916 she came up { for re-election and was duly elected. {It was the duty of each member of { i for the truth on the part of gome|&raphs he claimed should be struck|the community to make a report on {the institution. It was also the duty one item alone there had been a great | mentioned who were not parties in|of each member to state frankly any charges of improper management. Prior to the election of 1916 when Sister Frances Regis came up for re- election, Sister Basil felt that cer- tain things should be brought to the attention of the Mother Superior. This was in April of the year 1916. She put the matter fairly before the investigation, stating that she would | gladly apologize if conditions did not | But no investigation was held. Archbishop] Certain | gpratt visited the orphanage as was his custom to make such visits. On this particular occasion it was his first visit in four years. It was his duty to see every member of the order and hear directly and ver- bally, any complaints or charges the members might have to make. Sis- ter Basil had an interview with the Archbishop, and gave him an out-| line of what she thought should be done. Her audience with the Arch- bishop was cut short, as His Grace had another appointment. The inter ! view lasted ahout ten minutes, | Next day Sister Basil had another in- terview with the Archbishop, and set forth her charges. This time the! Archbishop was annoyed and again | her interview was cut short. | Then followed the sending of a report to Rome, on the conditions | existing at the orphanage by Sister Basil. A medical certificate was | necessary to have Sister Basil admit- ted to an insane asylum. Dr, Daniel Phelan acted on information of twenty-five years ago. He wrote a letter, but not ene that would war- rant action, but at the best, would act as a cloak. Sister Basil was known to everyone as a person who was not insane. Dr. Phelan was used as the "go between," and ar- ranged for the attendance of a police constable. He called for John Nay- lon, a member of the Roman Cath- olic. church, to assist the sisters in the job of removing Sister Basil. Continuing in his address, Mr. Til- ley told of steps taken to remove Sister Basil from the orphanage at 10 o'clock on the night of Sept. 14th, 1916. The attempt at abduction was made the night following the mail- ing of the letter to Rome by Sister Basil. Sister Basil was about to retire, when a man in plain clothes broke into her room. He had nothing to show that he was a police constable, or that he was an ordinary or even an extraordinary man, tramp, or gentleman. Sister Basil was scantily clad, as she was about to get into her bed, and as the door opened she stepped behind it in terror and called out "tramps." 'The man-then grab= béd hold of her, and placed her on the bed. Later on some of the Sis- ters came in, and when she was dress- ed in old clothes and preparations made for taking her off in an auto- mobile to the railway station, to board a train for Montreal, where she would be placed in an asylum. Sister Basil declared her right to see Father Mea. Under the laws of the order she had a perfect right to do this, as Father Mea was her con- fessor and she had a right to see him when she so desired. She was told that if she remained quiet, she would be allowed to see Father Mea before she was taken away. y Mr. Tilley told of the stop in the proceedings when Father Mex ap- peared on the scene, and in con- clusion said: "The plaintiff is.a woman forty- of rears of age, and outside of this ins ution, she) hae .. Poe! support. eo yeéars in this work, doing good ahd developing her religious life. outcome of the sotditions, it 1 tirely impossible " s y the circumstances there is RR a A A AA A A A 221 BONDS JOKN M. 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