New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-17
WHAT rs AGOOD CATHOLIC
INDIFFERENCE OF OPINION ON THAT POINT
EHE REV. DIR. n. L. BUBTsELL CLOSES HIS TEST
MoNy FOR THE M'GUIREs-THE CHURCH
AUTHORITIES DEPEND THEIR POSI-

MoNY FOR THE M'GUIREs-THE CHURCH
AUTHORITIES DEFEND THEIR POSI-
TON AND POLICY.
Tho Special Term Of the Supreme Court II
which Justice Beach presided yesterday. was thronge'
I'll day with people interested In the trial OF the sui
In which Philip MCGUIRE seeks to compel the trustee
Of Calvary Cemetery TO permit him to burr the bodl
Of hts father, John MCGUIRE in the cemetery. Tit
sscxamination Of the Rev. Dr. Richard Ia Burtsel
of the Roman Catholic Church OF the Epiphany, wa
resumed by Colonel Bliss An attempt to go into thu
merits Of the McGlynn was checked by the Judg
on the objection Of Mr. Post This did not satisfy
Colonel Bliss Holding up . copy Of The Standard
he questioned the witness in regard TO an cditoifa
rejecting upon the Archbishop, as follows:
o.-Could . priest such language regarding h
ordinary and yet remain in good standngi An
esain contingencies he would be in excellent standing
This answer was greeted with applause by mem
bers Of the AnttPoverty Society and their friends
which was instantly checked by the officers. The
witness continued his answer TO the question as FOL
lows:
II the priest had 70 believe the statement was
kue and II made about notorious action connected
with him. he would have perfect right TO use expressions
Of that kind where the matter publicly known. he
could remain q Catholic in excellent standing
.o.-You mean, then, that subordinate could accuse
his superior a in which his action remained
unrevoked and unappealed 'front.' All you could prove
that suppose there could be something said
o.-is it in accordance with the law of the Church
appeals be taken to the higher ecclesiastical
euthorityf Alt is
After Mr. Post had put in evidence regulations gov
ernfng Calvary Cemetery at the time of the purchase
of plot by Mcclure, and had amended HIS complaint
by Withdrawing the words in full communion with
the Church. as applied to the decedent he declared
bis case closed.
THE DEFENDANTS CASE
Colonel Bliss opened the case for the defendant
he said the authorities of the Church had felt to DO
their duty, in this TO defend what they believed
to be the policy of the great Church to which
they belonged against this attempt on the part OF
certain persons once Catholics supported by people
who stood Just upon the verge, uncertain as to
whether they Catholics not. He stated that
the defendants expected to prove that MCGUIRE took
his lot the cemetery subject to the condition of his
being Catholic In good standing. The question
whether he was Catholic In good standing was one
to be determined by the ecclesiastical authorities
themselves. Colonel Bliss gave sketch of the
McClynn trouble He said that at the first meetings
held In the basement Of ST. stephens Church language
was used that rarely heard even In the lowest
and most excited political meetings. After their eec-
ton from the church, their meetings were continued
elsewhere. and they became Incorporated as the Anti
Poverty Society. In all their affairs MCGUIRE took
part aiding and counselng, and he died at of
the McGlynn meetings he asserted that the certh-
cato of the DR.. Cotton, which had been put in
evidence by the plaintiff. had been procured by mis-
representation.
Father Cotton was the first witness for the do
fence. He said he wrote the letter certifying that
Mcclure had received the sacrament representa-
tions made to him, and that he had no knowledge as
TO the facts.
When Monsgnor Preston took the stand, he de-
clined upon the Protestant Bible, which was
held him. and took the usual oath with upifted
hand He said he the Viear-Genera of the Arch
of vnpk and at Vicar-C,encral
the Archbishop's alter ego:
o.-semethng like the Presidents Cabinet officers is
he notf Ayes. excepting that he has more power
HE WAS PUBLIC SINNER.
Tho witness stated that under the direction Of the
Archbishop no reused burial to McGures body on the
ground that Mcclure had died a public sinner" AS
such he could not be buried In consecrated ground
The examination proceeded as follows;
o-po you know Dr. Edward NoGlynni Ayes.
Q-whst was the action Of the Archbishop with ref
to DR.. McGlynn?
This question was objected to- but the objection
overruled on the ground that the defence claimed In
the answer that the decedent participated in the Nc
Glynn proceedings In response to this inquiry, the
said that the proceedings in the Of
DR. McGlynn had their inception in the time of Car
ainal McCoskey, TO whom the Project of the Propa-
eanda had written directing him 10 admonlsh DR.. Nc
Gynn discontinue his socalistic utterances. The
witness then repeated the story Of the excommunica-
IL.
follows:
o.-Has any appeal been taksni Al have heard Of
IN appeal and have heard that the appeal heard
and that the Congregation sustained the Archbishop IN
point and threw out the appeal Of DR.. McGlynn
letter in Latin from Cardinal Monaco, Project Of
the Sacred Inquisition, translated by the witness.
In II decision given IN the Of MCGUIRE with
out mentioning his name, sustaining the action Of the
Archbishop Several sections Of ecclesiastical law, as
laid down by the Plenary Council in Baltimore, wero
translated and put in evidence. In reply TO further
questions the witness said that he understood
Catholic in good standing" TO be who had lived
In obedience to his ecclesiastical superors and to the
ordinances Of the Church. The laws required that
Catholic should to communion at least once year
The DEGREES Of the Penary Council were binding on the
Church On ross-examnation the witness said that
he not Doctor Of Divinity.
o.-You took This action In ths Mcclure under
the advice Of the Archbishop3 Al acted at and
the Archbishop the next day The matter came to
ne from the trustees 1t pubic fact that Mcclure
died IN the Academy Of Music. He was public sinner.
COMPLAINING OF LNsoLENcE
Tho witness related that the undertaken and an
ether had called upon him, and he had refused
to have anything to say to them. He did not say to
them that he had already acted They were disposed
to be insolent
o-what did they say that was insocns' Al won't
ben Don't you know that when q man is insoent
he looks insolent and acts insolentlyf
OILS there anything in the written unwriten law
the Church which controls the political opinions Of its
fnembersf A.-There is not
The witness said that the Church law against
doctrines denying the right Of property In land or
anything else He had heard any Of Or. Nc
ClynL's Objectionable speeches
o.-whch is the higher law. the law Of the Church or
that ecclesiastical superior which is the bind
ingi Ale is bound obey his ecclesiastical su-
pefiors they supposed 70 know the law Of
Church better than he.
o-whethsr they are right or wrongf Alright or
wrong.
OILS that your ideas
Az this there was a shout Of approval from the
friends OF DR.. McGynn. The witness made re-
ply Mrs Patrick Martin. called BY Colonel Bliss.