The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-09

ioi HlhtiOH upon my suuyCSb az iHulNet
how grave, that ho receives i'll his pro-
fessional capacity. Confessions madc to
priest IN the confessional arc consider.
cd as not made TO thopricst himgelf-in
his personal capucity-but 10 tho Deity
whom he represents in theory. II 10
truo IL required tho adoptlonol Il statute
to cover the question oil y clergyman
acting in his ecclesiastical character
though not In confessional. The theory
Is tho same
81 cannot now recall single instance
in which priest has brokcn the seal OF
tho confessional. The Church OF Rome,
II SCENE, has provided u penalty for
such serious act on tho part OF Its
priests, though do not'know what 1t Is.
"Of course you will SEQ that II 10
necessary for tho priest TO be acting in
his representative CapaCity-tlat Is, |
might committee MI offence and nc.
knowledge it ito u priest, not knowing
him to DO such, or ho might learn OF 1t
in his individual capacity, in which case
his testimony should be received. The
same information conveyed TO him IN
his capacity rs n spiritual adviser or
confcssor would be considered sacred
"Ant legally tho relations OF the
priest and tho man who confesses arc
now identical with those existing be-
tween lawyer and client" YAK
IN ACCORD WITH POPULAR SENTIMENT.
4 A lawyer, no matter in what capacity
he may be employed, is not permitted
10 disgorgo communications made to
him by his client in tho course Of pro-
iesslonal relations. Tho privilege bo-
longs to tho cliont. It commences tho
moment tho relation OF attorney and
client is formed, and continues forever
thereafter. Tho professional relation
between lawyer and clients peculiar
+ Some years ago an English advocate
Of high reputo, assigned by the court to
defend criminal charged with murder,
declined to defend him, upon the ground
that hc had told the lawyer he was
guilty. The counsel was severely rcpri-
manded for this breach OF confidence,
and proceedings 70 disbar. him were d.
rectcd to be instituted. This advocate
never pleaded another cause, and his
sin was looked upon as objectionable.
This may seem strange, but not in view
OF the fact that the communication
made to the advocate was under the
seal OF professional. secrecy, which the
advocate had no right to break. Apris.
oncr may plead guilty to any minor
crime, but in cases OF felony, involving
the death penalty, the practice Of The
courts is not to receive q plea OF guilty.
Human life cannot be- consented away.
There must be n trial and n verdictof
hio peers before human life can be
taken. This has been the practice Tor
many years, and is in accord with pop
ular sentiment.
"As the the prisoner cannot consent
away his lie by;a plea OF guilty, it was
an objectionable sin for his professional
conidant TO state that which the law
would not permit the prisoner to Flate.
"Just SO is it with the priest and pen
itent.
"Just as sacred, also; though no moro
so i'll law, is tie, relation ofaTphysi-
clan and patient. You may remember
the famous Burdoll murder case and
the Cunningham bogus baby. DR.. Mott
was called upon to attend the woman
in her supposed confinement. lie dis
covered the fraud, informed the police,
and the attemptsto foist n bogus heir rs
the claimant to the Burdell estate was
frustrated The doctors testimony was
taken, in the interest OF public justice
and to punish crime, but the medical
fraternity never took kindly to DR.. Mott
after that. He was called upon by them
to account for his aunprofcssional con-
duct, and nothing but the vigorous sup
port OF the press, his age and high stand
ing in the profession saved him from
censurc and condemnation by the fra
ternity.
"All who know the old doctor know
that he was thesoul Of honor, incapable
OF doing dishohorabIc. act, and I refer
to the incidentmGrely to show how SEN
sitive the professions are on the subject
OF exposing confidence bestowed in
them"
no GRAvEE oFFEEsE.
Iasked Father Mclean, rcctor5of St.
Peters Church, whether his attention
had ever been called to IN instance OF
the violation OF the confcssional's sccre-
cy by a priest. lie replied that he had
never heard ofsuch ., case and did not
believe there was any record,of such a
betrayal, To the: question what pun.
ishment the Church prescribed in such
an instance, he answered that he could
not tell.
"The factis,' he went on, "I don't
know that my mind has ever given a
thought to that subject In: general
terms l should say thatt the priest who
could SO far renounce his sacred calling
and character as to violate the conf
dcnccs Of the pcnilcnt i'll confessional,
would BIO ipso jacio deprived Of his offices
and silcnced. In our country and in
these times that is the most severe pun
ishmcnt that%could besvisited upon a
priest. You must know thatSthe priest
acts i'll confessional as the servant OF
God, to whom Christ has given power
to absolve the pcnitcnt from his sins"
Nov that you have called my atten-
ton to the subject" continued Father
Mclean, 81 remember long time ago
to have read a, story-an Invention
laid in Ireland, that bears upon this
very question. According to the story
the murderer OF man went to his
priest, who was the brother OF the vic
tim, and confessed his crime. Hero
was the situation: In his personal ca
pacity the priest knew nothing and
could do nothing i'll the matter, yet be-
fore him was the murderer OF one OF his
own flesh and blood. Thestory went on
that this priest, on some prctcxt or
other, induced the criminal to walk with
him, and led the way past tho spot
where the decd was committed. Here
the murderer, still in his own mind re-
garding tho priest az his spiritual adj