The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-11-01
DEFIED THE BISHOP
FATHERS MURPHY AND FITZGER
AID EXPELLED THE DIOCESE

Also the Plaintiff In the Case, and the
Sons of the Church Thus Cut on, Assert
| that the Jury was Packed, In Addition
| Case of Erastus Wiman and the Nice
Legal Point InvoIved-Other Cases in
| Court.
| Omaha, Oct 31.-A special to the Bee
from Lincoln says: The long drawn
out fight between Bishop Bonacum and
his priests, which has resulted in the
prelate being in the police court for
criminal libel and the removal of many
priests, was removed today when a
| diocesan court convicted Fathers Fftz-
! gerald and Murphy and expelled them
| from the diocese for defying the bishop.
| The bishop presided and the convicted
men assert that they are the victims OF
a packed jury. The defendants were
| notified to appear for trial by Lincoln
| detective, but refused to accept an ir-
! regular service and did not put in an ap-
/ pearance when the trial was called. Con
I sequently they were found guilty of con-
tumacy and punishment was assessed
as follows:
First-Suspension from the exercise
of all ecclesiastical functions for the
term Of eight weeks, land we forbid any
ecclesiastfc Of whatever rank or dignity
save alone the Roman pontiff or such
| person or persons as may be delegated
! by him-to absolve from the censure
I herein imposed
! Second-Removal from the respective
missions.
Third-A fine of 500 for costs Of court.
/ Fourth-Ordering them to spend six
| of the eight weeks suspension at the
/ retreat of St Joseph Benoit, near Mon
/ treal, Canada, where, in holy medita-
! ton and penance, they shall atone for
| the numerous scandals given to the
clergy and laity of the Lincoln diocese"
/ And, lastly. to pay the expense of the
| journey to and from the retreat.
THEY WILL RESIST.
Both priests are determined TO resist
eviction. They declare they will yield
| no right until fair and impartial hear
| ing of the charges is had and assert that
| the so-called trial is void because the
/ bishop as plaintiff acted as judge in his
own case. The bishop has appealed the
matter to the civil courts. Fitzgerald
; was secretary of the st. Bernard's I'M
! ion, composed Of the priests who pre-
ferred charges against Bishop Bona
cum, and in the course Of his duties
wrote some very warm letters to the
authorities Of the church on diocesan af-
fairs. Bishop Bonacum and Rev. J. G.
! Caraher called at Tecumseh last Satur-
day to take possession of the pastoral
residence and church. MURPHY refused
TO vacate. a similar visit which was
made to Auburn was fruitless. The
Bishop will attempt to force his way in.
PARTNER OR CRIMINAL.
Albany. n. Y, Oct. 31.-The court Of
appeals heard arguments today in the
case of Erastus Wiman, charged by his
late partners in the mercantile agency
of r. G. Dun G. Co., with forgery. The
conviction of Mr.. Wiman under Judge
Inghram year ago last summer, when
ago last summerhawinbsinity
he was sentenced to Sing Sing for five
and a half years, was reversed by the
supreme court at its general term last
February and it was against this decis-
ion thath the district attorney of New
York appealed. Inasmuch as the points
involved relate mainly to what consti-
tutes partnership by participation OF
profits and as there are thousands of
business establishments who have en-
pioyeS thus compensated, the case is
likely to excite wide attention, aside
from the prominence and public service
of Mr.. Wiman. The contention before
the court is divided into two sections,
, first as to the guilt or innocence OF Mr..
Wiman. resting upon his right to sign
and endorse the check in dispute, and
second, as to the errors Of the trial
judge. The first point may b edetermin
ed upon the decision of the question
NJ -
partner in the firm of r. CT. Dun & Co.
OLD RECEIVERS ANSWER.
Seattle, Wash, Oct. 31.-The old re-
oeivers Of the Northern Pacific rail-
road appeared before Judge Hanford in
the United States circuit court for the
district of Washington this morning by
their attorneys, ]. D. Crowley of Taco
ma, Wash, and Adrian II. Jolines.
counsel for the Central Trust company
Of New York, and presented their an
swers to the order Of the court of Oc-
tober 2. requiring them TO appear and
show cause why they should not be
punished for contempt of court for
their failure TO obey a previous order
of the court which required them TO
make report to him of their steward
ship as receivers OF the property. Their
answers was a volumnious one, going
fully into the appointments as receiv-
ers, their recognition of the circuit
court of the eastern district OF Wiscon-
sin as the court OF primary jurisdiction,
to which court their reports had been
made and he filing of their designations
as receivers. They disclaim any in
tention OF not respecting the order of
this court and asked that the order re-
moving them as receivers be revoked
and that in lieu thereof their resigna-
tons be accepted.
Judge Hanford did not grant their
petition, but referred the whole 10 Mas
ter Chancery Eben Smith of this city.
for examination and report, who Is au-
thorized TO require the production Of
the vouchers for expenditures made by
the old receivers. and then hear any OBJ
jections that any parties interested
may see fit 10 make, or to require any
explanation that may be necessary in
order that a proper auditing Of the ac-
counts may be had. Judge Hanford
said that II the reports were on file in
any other court he would not interfere
with the proceedings and records OF
that court so as O require the produc-
ton of the original vouchers. but they
must be submitted 10 the master in
chancery in this court either by copies
or by allowing him TO go where the re-
ports are on file.
ATCHISoN ORGANIZATION.
Chicago. Oct. Silt is said today that
Mr.. Fleming. chairman OF the English
committee Of stockholders, and Mr..
Ludsn. chairman of the Dutch stock
holders committee. are coming 10 this
city TO assist in bringing the deadlock
in the reorganization OF the Atchison
TO an end. II is said that both gentle
ment favor Mr. Jeffrey. but as neither
VIII have vote all they can do is 10
voice their preference. L is s;ill said
that Mr.. Robinson has a safe majority
OF the committee.