The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1893-09-02

RISH ST ND RID 81
GUS body to which he belongs. The
Church Of England, not recognizing the
Sacrament Of Penance and the sacred
obligation Of confession, does not claim
protection for it's confessing penitent or
immunity on the part of the clergyman
who receives such confession, from the
obligation of giving testimony when
called on by the court. The confidence
reposed in him by the penitent is there
fore non professional and as such is not
protected by the law. II the Church of
England claimed for it's penitents and
clergymen the protection of the sacra-
mental seal the ritualist clergyman
would have had a ground of defense; but
this not being the case he had none.
In this country the question of profess
sional confidence and secrecy has been
settled byseveral decisions in regard to
priests, lawyers and physicians. None
of these is bound by law to reveal Sc
crets he has received professionally. The
first decision was given in the case of
Father Kohlman. De Witt Clinton was
his counsel when he was imprisoned for
contempt of court for not revealing on
the witness stand secrets be had heard
in the confessional. The ultimate deci-
sion was that he was not guilty of con-
tempt for refusing to answer. The case
of physician was decided in like man
ner by vote of the Illinois State Sen
ate, before which the case was brought.
He was asked by the president Of the
senate the same question that he had re-
fused to answer in court. He refused to
answer it, and the question was raised,
was he guilty of contempt of the senate?
And it was decided by majority that
he was not"
In speaking of the decision, the Rev.
J. Havens Richards, president of George
town University, says that it is the first
time to his knowledge that the question
of confidential testimony has been raised
in the case Of Protestant minister, al
though he remembers one case of a
Catholic priest in. New York, one in Vir-
ginia and one in Pennsylvania in which
the clergymen refused to testify concern
ing matters revealed to them in corfes-
sion and were imprisoned for their con-
tumacy. In each case the Supreme
Courts OF the three States mentioned re-
yersed the decisions of the lower courts
and set the priests at liberty. He also
mentions the case of Canon Kellar, of
Youghall, Ireland, who was imprisoned,
not for refusing to give information OBJ
tanned in the confessional, but for abso-
lutely declining to answer questions re-
lating to matters copfded to him as an
arbitrator by the tenants on the Ponsonby
estate. Father Kellar went to prison be-
fore he would divnlge confidential COM
munications of a secular nature, and he
would willingly ascend the scafold and
die Def re testitying to the secret revela-
lions made to him in the sacramental
tribunal by penitent The information
was not given to him in his sacerdotal
capacity, and yet he went to prison a
term and served his sentence cheerfully.
As we stated in our previous article on
! this topic the seal of the confessional has
ever been kept iuviolable by even sus-
pended priests like the notorious Chini-
guy and Hyacinthe. History does not
record q single instance of it's violation
by innumerable priests in all ages and
nations, and not one of them has availed
himself of the knowledge obtained
through confession to exercise political
or any other undue influence. The priest
is bound by the most sacred obligation
to make no use whatever of the knowl
edge thus acquired outside of the con-
fessional itself. A short time ago the
papers related that man who had stolen
money went to confession to priest IN
some part of France and gave him the
ill-gotten funds. Being afraid that he
was detected the thief went Immediately
to the authorities and accused the priest
of stealing the money. On being arrested
the money was found in bis possession.
The thief appeared as the prosecuting
witness, and the innocent man was COLI
victed on his false testimony. The priest
was found guilty and sentenced to long
term of imprisonment which he bore
patiently for conscience sake In Irish
history it is related that murderer in the
confessional declared that he had killed
the priests own brother. SO confident
was the criminal that the priest would
keep the secret that he had no hesitation
in confessing the preparation Of the
bloody deed. Some time afterward, so