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

ensue however remote that event may be- As 10 absoa
mental confession Members Of the Romish Church fro
quenty 90 to the priest in perfect health to make it.
Then sir so Tar the priest and those ceremonies
statement made oy Dr. Gavenze and shah wee whether
not what he said relative to the situation Of
ration dying declaration. He says, he asked
By her 4 she was IN any great danger He inquired
sns s o.vSa sh hs von we %
priest. He replied that she had better do So she
tit any anxiety upon the matte Now, sir, stopping
supposing that he himself did have, in his ovn mind
any apprehension Of immediate approaching dissou
tion because 1t impossible that he could have been
certain Of the proongation Of life to any particular
%st have S s sss a
prevent her from receiving those spiritual consultations
this point Of Doctor Gsv.nsel's statement foun
daon is formed for the introduction Of her declaration,
statement II Dr. G., that he said nothing to her regard
ing her condition but on the contrary studious
cautious not 70 say anythips that would impress her
upon her mind sense Of impending dissolution. II he
did so It would have been wrong and he not only did
do So but strictly careful not to iDsnuae
that had tendency to produce such an impression
You have his statement further that she said nothing
which indicated sense in her own mind Of impending
dssoui,oo Now, sir these are the premises which are
defined before u.s. The law lays down that while the
existence Of this sense Of approaching dissolution does
though all the surrounding circumstances may tend to
contrary conclusion the declaration Is nadmssibe 1t
mativefy. is not Incumbent upon the commonwealth
to show that she not aboring this Of i'm
seeking to present the declaration 10 show that she was
under this impression Now, sir, the premises do not
exist to show it. a. Is manifest upon comparison Of the
from Wharton Mr.. j. read again the referred to-
In the before appears that these ceremonies
signify nothing according to the Catholic Church. as u
is conducted In Virginia elsewhere. They signify
nothing as ground for inference IN regard to the low
administered any inference can be drawn 1t is that
the party is not abong under this Of impending
dissolution find that Is enjoined upon members
OF that church to seek these ut period when
hopes Of exist may receive the physical
benefits which the sacrement Of extreme JUNCTION Is
derstood to confer There many other analogous
cases which might cite in support of my views
but this Is unnecessary, for the principle
under dso
luton or approaching deatha does not APP
Mr.. Telling was again recalled, and in reply to q
question from Mr.. Gilmer, to whether the deceased
made declaration to him in aticuo n,ot said that
abstract from his capacity Roman Catholic minister OF
the sacrament Of penance she did not Hyour question
said he has reference to any statement made to at
the confessional, must decline to answer it,
Mr.. Gimer-Did did not Mrs. Cronin make any
statement to you in driculo niortis?
Witness can only answer with respect to what
said abstract from my capacity as conessor in this
nection, she did not
Mr.. Gimer-Drd you not administer to her extreme
Witness-l administered extreme JUNCTION believing
that she laboing under illness that might end in
death; was incompetent to judge whether not she
was in danger Of immediate DEATH
Mr. Gilmer-Did Mrs. Cronin, in her confession ad-
init TO you that she guilty of ltery with
Witness-I cannot answer that.
The Court ordered this question to be put in writing
IN support Of it, legality Mr. Gilner addressed the
Court at considerable length with view to show that
the question legal one His arguments in the be-
bad IN Thn Cf
per foundation for the introduction Of the womans de-
caration at the confessional dying declaration. In
the circumstance Of her having for the priest
also the appre enons which she mane cd Of premature
discussion Of the obligation the part Of the priest
reveal the declarations at the confessional upon the
subject Of her aduiterous connection with Byron.
Mr.. johnson replied at great length, In argument Of
considerable power, maintaining in the first place that
the proper foundation did exist for the introduction
Of The womans dying declaration, and secondly that
stated to him at the confessional. regret that the
Of this does MOI permit the tito
dresses, is to be published in pamphlet form
Mr. feeling having obtained leave of the Court stated
by Mr.. Gmer as follows 1T is due this honorable
Court to state briefly my for not answering the
questions proposed by the counsel for the defence as to
hesitate to do would argue conempto the majesty
Of the law We're asked any question which could
from knowledge obtained in my civil capacity,
or as private individual and citizen, I should Il
not for moment hesitate-pay. would consider
il my duty to lay before this honorable court all the ev
dence was in ion Of being mindful Of the precep
OF the aposte"Let every soul be subject to higher
powers for there power but from God and those
that ordained by God Therefore he that resiseth
resist purchase camnation to themselves" Rom. xiii
l. But frequircd to answer any question in quality
believe God himself has imposed invioabe and
nal secresy, nm bound to be silent although instant
death were TO be the penalty Of my refusal The ques
the latter capacity, and hence must decline to
it. whilst in 50 doing most respectfully dsclam any iu
tention Of contempt disrespect directly indirectly
TO this court Is Catholic priest ever justified, under
any circumstances, In revealing the secrets OF sa
on earth, civil or ecclesiastical spiritual or temporal
under any circumstances dispense with this
perpetual obligation OF secresy so that we're Pope Plus
ment that he would far abuse his sacred authority
and in the plenitude Of that authority my rst spirit
command me to answer the question proposed, my an
would be TO him what it was to Mr. GilmerI can
say nothing about the matter The law which prohibits
my revealing what learn in sacramenal confession
Catholics believe to be divine and to emanatc from God
himself II Is tenet Of the Catholic church that Christ
instituted the Accommodation more less
Con- forca in deco al Arnenos A. D. 1882 Council Of
Trent, sept canon l. II Is also an article Of Catholic
by Christ for the Remission Of sins committed after bap
hsm-Counc Trent, sept IA, canons l and 0-that sa
Ornamental confession forms an essential and compo
nent part OF this sacrament. Further, that the
obligation Of secresy Is essentially connected
with the divine institution Of confession for If it would
conded to him In confession the divine precept OF
confession would become entirely nugaory and ere is
person who would be willing 10 disclose TO priest
occult sin which could be made public and blacken his
fair fame. Such revelation, If permitted woul be des
tructive OF the divine precept Of confession But
cannot suppose that Christ the Eternal Wisdom Of
Eternal Father would pull down with hand what he
erected with the other and, Catholics believe in
stued sacrameual confession-and for purpose Of
confession secresy absolutely necessarywe conclude
that invioable secrecy Il commanded by Lord In the
obligation Of secresy If then foreeul of
the solemn obligations contracted at my oriination-an
obligation not arising simply from ecclesiastical hut
from q divine law--not from man, but Dire
ly from God-as to answer the question proposed,
should be forever degraded, rendered infamous In 70
eyes the Catholic Church. Stunned by every Catholics
and believe by every honorable man, matter how
far his religious opinions and mine might differ shunIe
and rendered infamous sacrlegious wretch who
frampled his most holy and solemn obligation and
violated the sacred laws Of nature OF his God and OF
] would I've forever deposed from the sacred min
isry, and where the law forms part Of the civil
law, be condemned to perpetual imprisonment in mon-
astery there TO repent during my life the horrid crime
would have had committed And what Il stin more i'm