Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-11-02
CITY AND STATE NEWS.

/ Y,
charged with cruelty beating his wfo On the night uf
the 2th OF September. the alleged provocatun being
suspicion OF adultery, she being detected in company
Of one Thos. Byron, at late hour OF tho night, in
back house. The personal injuries Inflicted upon her
by Croniu OH that occasion led to abortion in some
four five days AFTER and death ensued OH tho morn
| In. of the 18th inst.
The testimony of the physicians, Drs. Beal and
! Gavnzc, who attended her, rs to the immediate
cause of her Ge;ri:, Inflammation ofthc stomach,
| produced by rupture OF the spleen.
The Rev. Mr. Tceling, Catholic Curae Of this city
was examined on Saturday last in reference TO a do
claraOn made by tho woman previous to her death.
| He detailed the particulars OF declaration made BY
her in presence OF himself und her husband which im
volved HI utter denial upon her part Of tho charge
lnads against her by the prisoner. tie was further
questioned by Mf. Giner, prisoners counsel, MS 10
whether Mrs. Crunn disclosed 10 him at the confcs-
suna the :act uf her having bsen guilty vi adultery
with this Byron. This Mr.. feeling refused to an
swer. it being fundamental tener Of the church Of
which he is minister 10 hold tall matters disclosed At
the confessional strictly secret.
| Mr. Johnson, Commemorative Attorney, contend
ed that no foundation lall for the admission Of
such declaration, il not appearing that the
was luborinS under that of impending dissolu
on or approaching death which could constitute it
dying declaration, III which phase alone, statement
made in the absence Of her husband, could be adms
| siia.
! Mr.. Gilmer coT!ended thar the fact OF her having
sent for the priest rs well Us the nct Of her having
apprrhtislons Or rather, certainty OF premature
delivery, n. expressed by ker to DR.. Gavinzel, were
OF themselves proof the existence of TINT sense OF
| impending dissolution or approaching death
sary 10 constitute tho declaration dying declura-
| ton.
lie argued that n Catholic priest enjoyed no legal
exemption from the obligation TO disclose what is IT,
veacd to him at the confessional and contended that
i'll this instance, Mr. feeling ought 20 be compelled to
answer the question which he put to him.
At this stage Of the case the court adjourned oil
Saturday evening, the Judge rescrvng his decision
| upon these points until Monday.
| The Court met on Monday at III o'clock, pursuant
to adjournment, when Judge Meredith pronounced his
opinion upon tho matters al issue, an abstract Of
which give.
With regard to the first point, whothcr the declara-
ton oil the woman was mada under such circumstances
as constituted 1t n d yins declaration.
The Jud2c reviewed the arguments presented by
Mr. Gilmer upon this ;ssue. lie shOwed TIM: the fact
of her having sent for priest not sufficient 10
iudicnte sense OF approaching death, since it
customary with members OF the Catholic persuasion,
as testified by DIR. e.. to send for priest at every
stage Of Illness upon their first attack, we'll a.
all advanced stage of their sickness. Nor did he re-
gard the statements OF the woman in her interview
with DR.. Gavinzel, upon which Mr.. Gilmer partly re-
lied 10 sustain his view of the character OF her decla-
ration, as indicative OF that sense efimpending dsso-
luton thnt could render j; admissible. The evidence
Of the Doctor wns that the woman asked him wheth
er he thought she was in danger Of dying and he iu
steal Of making any reply, inquired what her object
was in asking that question. She said that she might
send for the priest He told her that she had better
do 80, il she had any anxiety upon tho matter. Ho
was cautious, however, not 10 insnuate anything
from which she might infer belief upon his part that
she III danger. Nor did she manifest 10 him any
apprehension OF death. Sc that nothing transpred
during this interview from which the existence Of
se:ise of impending dissolution could be inferred.
The Judge then referred tn the arguments presesi-
ed in regard to tue obligation OF the clergyman ds
cl"se what was revealed az the confessional lie re-
erred to two decided in the Eng!Sh Courts in
which the Judges ruled in favor OF the exemption,
though the parties. who were Roman Catholics made
the confession 10 Protestant ccrgymcn vino did not
reyardit in sacramen!el sense. The Judge, how
ever, held that il mad, IN pcncntIa spirit, md
in view Of forgiveness for III. sin disclosed, and rs
such should be hcld sacred and invioabIe In these
cn.rs no obligations OF religious character rested
the ccrgymen; they, rs Protestans, not esteem.
ing the confession Gs spiritual in its nature, yet III
view Of the purpose for which the disclosure was
made, the clergynGn not required to reveal 1t,
though willing to do so.
The Judge referred to case analogous to the pre-.
sent one, which was argued before Dewitt Clinton,
in New York, aud in which decision in fnvor OF the
exemption of the clergynien from an obligation 10
disclose declarations made at the confessional, was
made. Moreover, he sad, that in this country, where
the Tree exercise of religion is tolerated, It would De
vulative of lis fundamental law To infringe upon any
tenet of any particular religion, and tho confessional
being held by Catholics as one Of the fundamental
tenets of their church. could not be encrosehed upon
without hazarding violation OF that law which guar
antesd freedom to all religious persuasions in the ex-
| ercise OF ther duties in that connection.
| lie presented a series OF other considerations no
less cogen, than these, and concluded with the opn-
ion that the clergyman was exempt from any ooiiga-
,on to disclose declaration made to him at the con.
| icSslonal. The Judgment was rendered with that
power and ability for which the learned Judge is re-
markable.
Mr.. Gimcr, the prisoners counsel, entered bill Of
exception with view TO have these points tested in
the Supreme Court.
About o'clock Monday night the jury came in
with their verdict finding John Cronln guilty OF
"voluntary granddaughter" and assessing his punish
ment at five years imprisonment in the peuont'nry.
The prisoner sentenced, but execution OF the sen
teace postponed in order to give time to his coun
sell who has filed bill OF exceptions.
Scorr's NraBLE GIANT GRAIy Mill, exhibited
at the Agricultural Fair Grounds, by ..essrs. Rob.
bins Blbb Of Baltimore. ia one OF the most novel
and simple contrivances for the accommodation OF
Farmers that can we'll he conceived Of 1t grinds, We
are told, from three TO four bushels OF good meal per
hour with one horse, eectually separating the coarse
from the fne and the bran from both. They are 80
constructed that the internal part of the mill can he
seen when at work exposing to view the unfinished
meal as il rapidly revulves around the grinding cy'
Under. 4 curiosity indeed Of lis kind.
MErRopoLIrAx T.LL.-Wyman, one Of the most
extraordinary Vanr,loquists and Nccromancers in
| the Union, will continue his intcrcsn. exhibitions
u. III @ ,n h o.onr,mods,.J bn ,ives mn ex.
"t ,t;a ~: ar,onn NJ throo o'cork in addition 10
his usunl nightly performances, which begin al NALL
pust 7.
U.RyEss-'The set Of harness and saddlcry depo-
sed at the Mechanics Fair and manufactured by Mr..
SanI : fnt,rciI sur,asscs ANYTHING of the kind W.
i"rn sern. nnd GOES TO prove that our Richmond
.cbanics cannot be excellcd BY those Of any other
ci,v in the Union. Judges nre invited to examine
tbrse ,pccimens, and pronounce upon their merts.
s,ohIa lanes p TYLER was relieved of his watch and
cL,;n hv ,one .l;Ght Of hand fellow while crowding
INTO niayrt,e Hall to ret peep ut the Cadets The
watch was an old silver one and had the initials OF
'N