Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-13
FATHER CORRIGAN.s TRIAL.
Disputes Over Preliminary Questions Z
cupy the First Day.

Disputes Over Preliminary Questions DC.
cupy the First Day.
As announced in yesterdays STAR the trial OF
Father Corrigan began at Newark n. J., ct z
O'Clock in the afternoon. At the center of the
long table was Vicar General O'Connor, the
judge On his left was DR.. Burtsell on his
| right, Father s. s. Smith. the prosecutor. Next
to Father Burtsell was Father Corrigan, and
next to Father Smith was Father T. A. Walsh
the notary. The proceedings were conducted
in secret.
The first question brought before the Judge
was as to the secrecy Of the proceedings. II
was the expressed wish of Bishop Wigger that
no statement should be given out for publica-
uon, and that the persons present should
| pledge themselves to silence But when the
oath had been administered to all except Father
Corrigan he refused to bind himself, claiming
that, as the defendant in an ecclesiastical trial
OF countrywide importance. he had right to
express his views and to make known the pro-
ceedings OF the trial. To give effect to his
protest, he asked the privilege of the presence
OF stenographer, and his request was backed
by DIR. Burtsell, but DR.. O'Connor decided to
the contrary. No exception was taken.
Dr Burtsell then. on behalf Of the defendant,
objected to trial before DR.. O'Connor on the
ground that, inasmuch as he was q member of
the bishops household, he must naturally be
more or less biased in his opinions. 1t was
then asked by DIR. Smith that be should make a
written statement of his objections, but he
again declined on the ground of bias, adding,
though that the defense would agree to have
the trial proceed before the Rev. Patrick F.
McSwyney of St. Bridget's Church. Avenue A,
New York
This proposition was overruled and then it
was proposed that Mgr. Dosne, who is a men,
Der OF Bishop Wigger's household, should be
appointed a referee, with DR.. O'Connor, to hear
the evidence of witnesses tomorrow and to re-
port to the regular court on Thursday. This
was agreed to, and also that the objections Of
DIR. Burtsen should be read at the same time,
and that if the two referees cannot agree as to
bias they are to select q third referee. The
report Of the referees will then 60 to Bishop
Wigger and thus the first step in the proceedings
Will be concluded. DR.. Burtsell did not want
to agree to this proposition, but he finally
agreed to it, with TIE privilege that he should
have opportunity Monday to state his objec-
tons in full.
The question of secrecy was then taken I'D,
and Father Corrigan still refused to be bound
by an oath, quoting the propaganda law of
1879. sections Is and 80. DR.. Burtsell said that
section Is referred to witnesses and section so
to officials, and that neither referred to the &C.
cused. and, therefore, Father Corrigan could
not be bound.
long discussion followed this, DR.. Smith
arguing that If evidence produced at the trial
was made public it would work great harm to
the cuurcu III. " tOnnOr t0en SAID, after
careful consideration, that inasmuch as he had
some doubt as to his power to administer the
OATH he would be obliged to refuse to do it,
At the same time he thought he ought to swear
DIR. Burtsell. The latter made vehement pro-
test, saying that such proposition was an in
suit; that his word was accepted everywhere,
and that 1t was not habit on his part to give
information to papers. DIR. Smith filed an ex-
ception to the decision Of the court
The question of Archbishop Satolli presiding
as the judge was discussed at some length. DR..
Smith said that Bishop wigger was satisfied to
have him. but DIR. Burtsell objected. Father
Corrigan then said that. though he had wished
for the presence of Archbishop Satolli as pre-
siding judge, he was satisfied to let the
trial proceed on the present lines During all
this discussion Father Corrigan took yolumin-
GUS notes.
The session was concluded at 430 o'clock,
and when Father Corrigan left the house he
expressed himself as greatly pleased with the
results of the first day.
DIR. Burtsell, who accompanied him, smiled
his acquiescence, and together they went to
Hoboken.
Late last night Father Corripan gave out for
publication letter which he addressed to
Bishop Wigger November q. 1t is apologize
In tone. and concludes: 81 have never had the
intention OF annoying yourself or any one else,
and IL in the discharge of what regarded as an
honest duty toward country and church have
occasloned annoyance by lnadvertence or heat
OF expression, l regret it. l am perfectly will
ing to drop the matter, and l trust that YOU
may be pleased to look at it in the same light"