New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-16
HE WROTE FOR McGLYNN
DR. BURTsELL TESTIFIES ABOUT HIS LET.
TER TO ROME

But THE CATHEDRAL TRUSTEES
oBJEcT-THE CASE IN COURT.
John Mcclure was a communicant at ST.
Stephens Roman Catholic Church in Twenty
eiehthst when the Rev. DR.. McGlynn was its
pastor When DR.. McGlynn was communicated
Mcclure and his entire family left the church and
Joined the Anti-Poverty Society. Mcclure died
suddenly at the age Of seventy-three, at meet
ing Of the society in the Academy OF Music on
February 10. On account Of his relations with
Dr. Glynn and the Anti Poverty Society, his lam
ily were not permitted to bury his BODY IN
Calvary Cemetery Thereupon his son and ad-
ministrator, Philip Mcguire, brought suit against
the trustees of ST. Patrick's Cathedral by whom
the cemetery is controlled. for $1,000 damages
and for an Injunction to restrain them from inter
fering with the burial.
On the trial Of the case yesterday in the Su-
prere Court, Special Term, before Justice Beach,
]. II. Post appeared fer the plaintiff and Colonel
George Bliss and T. G. Barry for the trustees
of the Cathedral 1t is set forth in the COM
plaint that the lot in Calvary Cemetery was
purchased by Mcclure in 1870. when his mother
died His son claims that Mr.. Mcclure was
deyout Catholic at the time Of his death and was
entitled to burial in the cemetery.
For the defence il was claimed that MIR. Mcclure
by following DR.. McGlynn had been placed outside
the pale of the Church and had forfeited all rights
which he had a commrn1cant Coionei Dnss
said that all who had espoused the cause OF Dr'
McGlynn were regarded in the same light. Evl-
dence was given to show that the Rev father
Cotton after the death of Mcclure, gave the usuai
certificate that the last sacraments Of the Church
had been administered to him and that upon
nresentation by the undertaken of a deed OF lot
In Calvary Cemetery owned by Mcclure, oruers
were given by the clerk Of the cemetery Ior
the opening OF the grave. The undertaken was
sfperward told that he must see Monsignor Preston
or get q certificate from Father Coiton tlaV
Mcclure was entitled to Christian burial Moi
gcnor Preston said he had nothing 10 90 WIN
the matter, and Father Cotton refused to give
any further certificate, saying that the one ne
had given was in the usual form Inc pouy was
therefore taken to vault IN GreenWoou NelhceoiS
On cross-examination Colonel Bliss asked the
plaintiff whether his father had attehoea ah
as immaterial Colonel Bliss argued that the
question was proper. RE said there was no rlsne
Of burial in Catholic cemetery unless the person
to be buried was member IN ~, g GOO
standing of the Roman CathQ1G Onur Gu
By an ecclesiastical rule DR.. McGlynn.s eA,
meetings or giving the society his countenance.
Mr.. Post contended that Dr. McUyhn tn Th
communication did not anect McGH,re' with or
attempt TO regulate the political sehlll s VI
political conduct of its members. 1t had never Yer
assumed to DO So and MSq ry society
Colonel Bliss replied that he expected 10 prove
his nosition was correct and that the Churcn
AUTHORITIES at Rome had expressly approved tl e
rctusol "a hermit the body of McGulre 10 he pured
in Catholic grounds. The judge allowed the ques-
tion and in was answered in the Affirmative,
The Rev Dr. Richard BurtseH, pastor Oh I In
Church of the Epiphany. next called lie
ideotifed several Latin books OF high autnorlly
in the Church in regard TO the duties OF pastors
toward the members Of their ftockS ana me ruls
i'm regard to allowing Christian burlaL i,e c reau
TRANSACTIONS therefrom. In his opinion, Mcclure
had done nothing in violation OF these r9ies re-
curing that his body should be excluded iroi ron
burial with the rites of the Church. Inc On urcI1
had no control he SAID, of any ones poltIul va
opinions and there was no law or RUE o! .ne
Church forbiddng members 10 attend meeunSS
of the Anti Poverty Society. On cross-eAanlli.,t
tion Or Burtsell said he was IN sympathy WIZ 1
Dr McClvnn and was friend OF ms ne NAV, nau
taken an interest in what DR.. McOlvnn had oohe
all along a.. ,,h
o-Then you acted as his a1viseri Al uia, wiz"
the knowledge Of the Propaganda. made all tne ar
.,,er,ents for him to GO TO Rome when he was sum
nod there but his letter the Propaganda was not
So,ivx,ed Archbishop Corriran had IT. but olo not
soi,ro, q, wrote the letter myself as coming from
M post Objected TO this line of examination
nr Colonel Bliss who responded say tnaI ths
uoan &c himself rebel to the Church. ana IS not
a competent witness TO give testimony do W 'io
At this point the trial was adjourned until TINS
tnorninC