CLAIM AGAINST BISHOP

Rotorua Morning Post, Volume 2, Issue 243, 3 June 1932, Page 5

CLAIM AGAINST BISHOP

(Press Assn. —

REFUND OF LOAN CHARGE. AGAINST FORMER PARIS H PRIEST BY DEFENCE DECISION RESERVED

By Telegraph — Copyright.)

WELLINGTON, ^Thursday. The case in which Thomas Campbell is claiming a refund of £3500 with interest, from Dr. Liston, RomanCatholic Bishop of Auckland, it be*ing alleged that the money was advanced as a loan for the erection of' a Roman Catholie— church at Whangarei, was- continued to-day in the Supreme Court before Mr. Justice McGregor. -■"** • • - In evidence, Father Henry Josepli Ilerring, who succeeded Father Campbell as parishr priest at Whangarei, said that when he took -over the parish, the boolcs were not handed to him ; they were taken away by Father Campbell to be written up, bfit they were not complete when returned, If a satisfactory account was rendered of all money receivedby Father Campbell in connection with the building of the new church, he would be prepared to plaCe the position before his parishoners. No Specific Charges Replying to counsel for plaintiff, Father Herring said he had fotmulated no specific charge against Father Campbell. Counsel: As a matter of fact you are the source of these charges against Father Campbell. ' ' Witness: Not at all. I think he i& the source himself. Counsel: If the land and building cost £13,500, there is no foundaUon for any of your aeeusations aftd . charges is there? Witness: It seems to me that that makes the whole question. Try and Be Frank His Honour: Oh, try aild be frank, Father Herring. • ' Counsel foi plaintiff asked witftess to try and answer simple quCstions directly and not try and dodge. After counsel refe'ried to various figures Father Herring said he realised that over £13,300 was ahcouiited for. Counsel: The whole of the charges against Father Campbell go if that is so. He could not conjure "the moiiey from the four winds of heaven. Witness: I fail to see.. Replyin'g to another question, Father Herring said he had no proof that Father Campbell had "embez'zled" any money. David Kennedy, provincial of the Marist Order in New Zealahd, produced a copy of a letter from Father Campbell to him, dated May 24, 1931. He did not know where the original was. It had been misplaeed somewhere. Replying counsel for plaintiff, witsaid he was of the opihi on that *f the money had been paid into the church funds, it should bh repaid to plaintiff. Ahswering counsel for the defence, Dr. Kennedy Said he considered it was an obligatioii of the parish to pay back the money, and if the church property was "vested in the Bishop, he understood the Bishop was responsible. Coimsel's Addresses Couhsel addressed the Court at considerable length. Counsel for defendant said that the church was preisred to admit liability for the debt :x it was satisfied that the Parish aclounts were put in order. There apoeared to be £2500 unaehounted for md other irregularities were apparcnt. The Bishop, as Well as being ?overned by Canon law was also governed by the law of the country-. It was impossible for the Bishop to admit liability of the church. The ac--,ion should have been taken against the parish, not against the Bishop. Counsel discussed the inadmissibility of letters to Bishop Cleary by Father Campbell. Position of Parish Counsel for plaintiff said that if fche arguments of his learned friend were sound, then this unfortunate man had no hope if recovering thd £3500 lent to the church, blit the parish had no soul while the assets and the funds of the parish were' vested in the Bishop. The question of what Father Campbell might have done or did do while parish priest at Whangarei did not affect the plaintiff's rights. While insinuations and veiled charges had been brought against Father Campbell, no evidence h'hd been tendered that he had misha'iidled or misappropriated the funds' of the parish. A sorry spectacle had befen witnessed of a Bishop and a priest * washing their dirty linen in Court oh subjects which had nothing whatever to do with the case. His Honour said he would take time to consider his judgnient.