The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-10-30
LOCAL MATTERS.

/ L.. -
Cfrenn Coart--Jndgc Meycdith This Court was
occupied for the past days with the ease Of John
Cronin, charged with the murder of his WIFE Marg.
aret We have given in another report of the exam
naon of this ease before the Mayor all the partic-
ulars connected with IL. This party as win he re-
membered, was charged with cruelty beatif,r his
wife ON the night the Goth of last month the slle
ed provocation being suspicion of adultery. she
oeing detected in company of one Thos Byron at
late hour of the night in back house The per
sona injuries inflicted upon her BY Crouin on that
occasion led to abortion, in some four or Ave days
after, and death ensued on tho morning of the 18Th
inst. - : :
The testimony of the physicians. Drs. Beale and
Gavenzel who attended her, as to the immediate
cause of her death, was Inflammation OF the stor-
aeh produced by rupture of the Spleen. ~
me Kew. Mr.. feeling, Catholic Curate of the
Guy, was examined on Saturday last in reference
70 declaration made by the woman previous to
her death. He detailed the particulars Of declar
tion made by her in presence of himself and her
husband, which involved an utter denial upon her
part of the charge made against her by the pris-
oner. He was further questioned by Mr. Gimer
prisoners counsel, as to whether Mrs Cronin dis
closed to him at the confessional the fact of her
having been guilty of adultery with this Byron -
This Mr.. feeling refused to answer, it being a
fundamental tenet of the church of which he Ia
minister to hold all matters disclosed the confes-
sional strictly secret 7< s75 .gszs.fsgt@s4 .
Mr.. JOHNSON, Commonwealth attorney con.
tended that foundation was laid for the admission
man was laboring under that sense of impending
dissolution or approaching death which could con-
stitute 1t dying declaration, in which phase alone
q statement made in the absence of her husband
could be admissible. 2 2 ,s,-E-Tss1 .s-4 T.. = 71
Mr.. GILMER contended that the fact of her having
sent for the priest well the fact of her having
apprehensions, or rather, certainty of premature
delivery, as expressed by her to DIR. Gavenzel
were of themselves proof of the existence of that
sense of impending dissolution or approaching
death, necessary to constitute the declarations dy
ing declaration.
He argued that Catholic priest enjoyed no legal
exemption from the obligation to disclose what is
revealed to him at the confessional and csntended
that in this instance, Mr. Telling ought to be COM
PEELED to answer the question which he put to
him. -., ..s-..z .z.5s-- --.--,.sf
At this stage of the case the Court adjourned on
Saturday evening, the Judge reserving his decision
upon these points until yesterday eo p
The Court met on yesterday at IL o'clock, pursu
ant to adjournment, when Judge Meredith pro-
nounced his opinion upon the matters at issue, an
abstract of which we give. s'= s-l-
With regard to the first point whether the de-
claration of the woman made under such cir
cumstances as constituted 1t dying declaration
The JUDGE reviewed the arguments presented
by Mr.. Glmer upon this issue He showed that
the fact of her having sent for priest not suf
fcent to indicate sense of approaching death
since it was customary with members of the Cath
olic persuasion, testified by Dr. g.. to send for
priest at every stage of Illness upon their first at
tack, as well at advanced stage Of their sick
ness. Nor did he regard the statements of the wo
man in her interview with DR. Gavenzef, upon
which Mr.. Gilmer partly relied to sustain his view
of the character of her declaration, indicative of
that sense of impending dissolution that could rem
der it admissible. The evidence of the Doctor
was that the woman asked him whether he thought
she was in danger ofdying, and he, instead Of max
ing any reply, inquired what her object was in ask
ing that question. She said that she might send
for the priest He told her that she had better do
so, if she had any anxiety upon the matter. He
was cautious, however, not to insinuate anything
from which she might infer a belief upon his part
that she was in danger. Nor did she manifest to
him any apprehension of death. So that nothing
transpired during this interview from which the
existence Of a sense of impending dissolution could
be inferred 4t.- - ..,-.e 81 .rs-r s.
The Judge then referred to the arguments pre-
sented in regard to the obligation of the clergyman
to disclose what was revealed at the confessional
He referred to two cases decided in the English
Courts, in which tho Judges ruled in favor of the
exemption, though the parties, who were Roman
Catholics made the confession to Protestant cler
gymen who did not regard it In a sacramental
sense. The Judges, however, held that 1t was made
in a pententel spirit, and in view of forgiveness
for the sin disclosed and as such should be held
sacred and nvolablc In these cases no obligations
of a religious character rested on the clergymen;
they, as Protestants, not estcemng the confession
spiritual in its nature yet in view of the purpose
for which the disclosure was made, the clergymen
was not required to reveal it, though willing to
do SO. ..a-..<
The Judge referred to a case analogous to the
present one, which was argued before Dewitt
Clinton, in New York, and in which decision in
favor of the exemption of the clergyman from an
obligation to disclose declarations made at the con-
fessional, was made Moreover, he said, that in
this country, where the free exercise of religion Is
tolerated it would be vioatve of its fundamental
law to infringe upon any tenet of any particular
religion and the confessional being held by Catho-
lies of the fundamental tenets of their
church, could not be encroached upon without haz-
arding violation of that law which guaranteed
freedom to all religious persuasions in the exercise
of their duties in that connection. .z. IL.
He presented a series of other considerations
less cogent than these, and concluded with the
opinion that the clergyman was exempt from any
obligation to disclose declaration made to him at
the confessional. The judgment rendered
with that power and ability for which the learned
Judge is remarkable
Mr.. Gilmer, the prisoners counsel, entered a bill
of exception, with view to have these points
tested in the Supreme Court.
About o'clock last night the jury came in with
their verdict finding John Cronin guilty of vol
untary mansIaughter," and assessing his punish
ment at five years imprisonment in the peniten
tiary. The prisoner was sentenced, but execution
of the sentence was postponed in order to give
time to his counsel who has filed bill of excep-
tions.
Horticultural State Fair--Thousands of strangers
have already arrived in the city from different por-
tions of the State and elsewhere to attend tho Ag
ricultural Fair, which will open to-day for mem
bers and to morrow for the accommodation Of the
public. For the better accommodation of visitors
two ticket offices will be opened at the Main street
entrance, and two at the Franklin street gate, 50
that little delay will take place if persons go
prepared with change to pay their way
ON taking stroll ever the grounds yesterday
we were gratifed to find that large number of
thoroughbred, quick and heavy draught horses had
been entered for exhibition, among the first of
which we may name Revenue, Financier, Red
Eye, Voltaire etc, ETC., the first three Of whom
have won most enviable reputation on the turf and
are therefore well known to the public Among
those for quick draught we will mention the cele.
brated trotng stallion Kossuth," the conqucror oi
"Ticonderoga," in a match over the Union Course
Long Island, a few weeks since, and is generally
believed by "horse men" to be one Of the fastest
goers" in the whole country. Indeed, so sanguine
are his friends that he cannot be beaten that they
have offered to match him against any stallion IN
the Union, to go two mile heats to wagons, put hase
yet found noone willing to accept the chahenge,
Kossuth Is by New York Black Hawk, Is OF nne
size good disposition great power and can ont tro'
any Morgan horse now upon the tnrf 2fonng
Clifford owned by Mr. G. II. Rhodes OF Chester
field is pretty little fellow, moves well in harness
Is of good disposition and quite stylish in appear
ance. Morgan Hunter" ownedby Mr.. Parish, ID
.I.n ,~ cll nut mn animal and will attract marked