The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-01


say testimony, which, Of course, is not admissible
Court understand you, Mr.. Giner desiring to offer
the sacramentai confession testimony, in opposition
her other declarau N.
Mr.. 6imer-I want TO know from the witness whether
he Is not Of her having made declaration of her
Mr., Teeline-I only speak Of declarations made "a
me abstract rom my capacity ~ father confessor say
invclvns her in the least degree can say Nothing 1 y
what revealed by her In her confession to me as
minister OF the Catholic Church
Mr. Gimer-The question Il before the Court.
Court-On what grounds do you put this question:
Mr. o. here entered into statement Of facts aud cir
cumstances intended 70 show that the deceased was
under sense Of immediate death impending dssou
ton when she made this declaration. He referred to the
very fact Of her having sent Tor the priest proof
In itself Of the existence Of this Of approac
ing DEATH which "a the foundation for the testi6
sought to be introduced He remarked that
Of the wsman, other than those made Ia Of
husband were offered for instance in the testimony
OF Miss King, who said she heard the prisoner declare his
wifss innocence on different occasions.
COurt-I did not understand her to say that these
statements were made Ia the absence Of the wife,
Mr. Gilmerln one instance the stateme mt was made
say that in other instances statements OF the same
ture were made In her absence.
Ccurt-I misunderstood the witness, then; and ask
the jury to disregard such testimony.
Mr. feeling was again called and examined
Mr. Gilmer-when You saw Mrs. Cronin, what her
Witness-She appeared to be very Sick
Mr.. Giimer-Wss she not in apprehension Of imme-
Witness-I do not remember whether she made any
remark that might lead me to infer that she was.
Mr.. Gilmer-Did you tell her she was in danger Of
desthP
witness-I don't remember.
Mr. Gimer-You say she appeared to be very sick.
witnessshe might have said that she was very sick;
have no recollection Of her having expressed any fear
Of immediate death.
Mr.. Gilmer-Did she not seek interview with you
in view OF approaching deathY
witness-That might be the case; but it does not fol
% to
the first idea got Of this woman being sick was through
Dr. Gavenzel, to whom she expressed desire to see
Bishop McG the doctor called to the Bishop for
that purpose but he beipg engaged with other duties
the time, attended in his stead.
MIR. Gilmer-How often did you visit berY
Witness-About twice or three times am not, in
fact certain to the Of visits paid her. but
am sure OF having visited her more than once
Mr.. Gimer--On which occasion IL that she made
the declaration to you in presence Of her husband?
WitnessI am not certain whether it on the occa
sion OF my first or second visit.
Mr.. Gimer-Md you caution her not to make any
statement Of what transpred at the confessonaor in
other Words to repeat any declaration which she made
witness-I don't know that did.
Mr. Glmer-K she called you, and said-Father TceL
get sbsclution would statement made under those cir
cusances being regarded accessory to the absolu
on be looked upon as sacramena or such as you could
witness-H SGT down and put round my neck what
call STOLE which resembles wide ribbon, and is
gared mark Of jurisdiction anything declared after
that is held to be a sacramental confession.
Mr.. Gilmer-Does not patient to whom you admins
ter extreme JUNCTION feel that It Is administered because
of approaching death9
Witness-Extreme JUNCTION Is administered to persons
who are danger Of DEATH or have some disease which
may produce death, while that result may be remote.
We teach people the improperly Of putting off the
reception of this sacrament to period wnen there is
hope of recovery for attach to 1t efficacy in heal
ing the body to q certain extent.
Mr.. Gilmer-Could this woman have received extreme
JUNCTION at your hands without knowing that ysu admin
etered that sacrament with view to her speedy dssou
ton2
witnesThe very fact of the doctor having called up
me to visit her would Of itself be suf ,ent to induce
to administer that sacrament. 1t would not follow,
however, that she was In danger nor, indeed am COM
Mr.. GimeI-would you administer extreme JUNCTION to
WitpW.-Extreme JUNCTION is administered only to
persons who very SICK laboring under disease
that may end in death, however remote; generally
warn persons against the superstition that every person
the tel em s
ment when there hopes Of recovery in order that
they may reap the temporal benefits which it confcrs;
hold It to be sinful for priest to defer the admins
ration of this sacrament to hopeless crisis In any
disease when he had opportunity Of doing SO at a
stage when hopes the recovery the patient existed
Mr. Gmer-Did she not confess to you before she re-
SeiSed absouton what contradictory, rather the
reverse o. the statement made to you in presence Of her
husbandY
Witress--I cannot answer that question.
CourtAny declaration made by her in the absence Of
her husband II inadmissible.
Mr.. Gimer here contended that he laid the fonnda-
ton to Justify the admission Of any declaration which
she may have made at the confessional as dying de-
claration. The Court seemed to be of contrary opin
Mr. Gilmer, addressing Mr.. Telling again-yhen this
made her confession to you did she not that
she for you administer extreme JUNCTION TO her
from an apprehension that she about to dies
Witncss-I don't remember.
Mr.. Gimer-Dd you not at the time Of administering
this sacrament admonish her that death was approach
ingy ,,... ,... 80 ,.,or...;o, =, n,v,n, Ann. no.
do not recolect that performed that ceremony
but take it for granted did, i being my duty. -.
Mr. Glmerbd you not tell her that she was very III
WtDessI do not recollect did not in fact know the
nature Of her disease, and merely presumed she
sick, from the fact Of her having sent for me.
Mr. Gimer--Did she tell you she sent for your
Wituess-I don't remember; but she seemed rs 1t she
ir G,mer-Dd the deceased admit to you at my
time under any circumstances, that she was guilty Of
adultery
witness--Abstract from my capacity as sacramen.al
conessor ehe said nothing involving herself IN gnit Of
that character; she denied her guilt have already
stated In presence OF her husband and myself; any
statement made in her sacramcnta confession whether
nculpatory or cxculpetory OF the prisoner, au
not at liberty 10 reveal Dr. Gavenzei here sent
for to ascertain him whether not she induced
TO send for the priest from sense Of approaching
deatbp
The doctor having arrived, questioned upon this
point. The amount of his testimony that the
merely asked him If she should not send for tho
priest and he replied that II she had any desire she had
better do he did not nsnuate to her any opinion OF
he able to infer that she had herself any apprehension Of
immediate DEATH further than was implied In her wish to
have the priest sent for He snd however, that was
customary with many Of the Catholic persuasion 70 send
for the priest upon their FIRST illness.
Mr. VIM Taylor Recorder ofthis city next summon
cd for examination. His testimony consisted merely of
statements made by the prisoner and his wife apart
| from each other. This was declared inadmissihle.
Mr. elmer briefly addressed the Court, conteuding
that the testimony Of Dr. Gavengel conclusive OF the
existence on part Of the prisoners wife Of that
Of approaching death which would justify the introduc
ton Of her caraon at the confessional dying de-
ciaration.
The Court inferred that the DOCTORS testimony showed
nothing thai would justify such conclusion
Mr.. johnson, Commemorative Attorney, said-H was
TO be remembered that absoluton granted at any
time either the Of DEATH In health accor ling
to the disposition Of the psnent. Extreme JUNCTION is
administered not when the party Is under sense Of i'm
pending dissolution but, dnd on the contrary that
that they admonished not TO postpone s reception
to period whom there is hope OF recovery Comics
sions made az all tines and Catholics 60 to priests
when in the enjoyment Of perfect health About absou
ton nothing Is said In this instance. Then have the
testimony Of pr. Gavenzel 70 the state of health
| in which this party was, and regarded herself 10
b, and from that II IL evident that the declara-
ton, Whatever II may be- made In the absence
Of that Of impending dissolution which