The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-02


Dubuque, Ia, Dec. 1.-The Judgment
of the metropolitan ecclesiastical court
of the Roman church. in the famous
case of Bishop Bonacum of Lincoln.
Neb., against Fathers Fitzgerald and
Murphy of his diocese, was delivered
today. The court finds for the priests
against the bishop ON every point in the
appeal, which was ordered by the prop
uganda at Rome, after Delegate Sa-
TOLL had refused 20 grant one. The
bishop is judged to have been actuated
| by sinister and vindictive motives; to
have published falsehoods, and de-
ceived Cardinal Satolli. The court de-
clares null and void all the sentences
Of the bishop, withdrawing the facul-
ties of the defendant priests, Sentenc-
ing them to do penance in Canada for
| cOntumacy and conGemning them gem
orally. The bishop is condemned to
pay the expenses of the eXonerated
priests and the costs of the trial. TO
pay Father Fitzgerald SS75, and Father
Murphy 1925 as damages, and TO with
draw the priests ne sent to Tecumseh,
Neb-, where Father Murphy is rector
of Saint Ambrose church, and to Au-
burn, Neb., where Father Fitzgerald is
rector of St. JOseph's church. The pay
ments are ordered to be made to the
court within 80 days There is no appeal
from the sentence pronounced.
The troubles in the diocese of Lin
coin began soon after the conservation
OF Bishop BOnacum in November, 1887
The bishops Of the province ignored the
priests of the diocese when it was de-
cided to create a new see, and many
of them regarded the appointment Of
the bishop as void. The next clash
was between the bishop and Father
Kennedy of the cathedral at Lincoln
over erecting a new edifice. Then came
bitter resentment on the part of Hon.
Patrick Egan. President John Fitzger-
aid and other prominent lay league
leaders against the bishops attempt to
stop collections at church doors, con-
forming with an edict from Rome. An
other cause OF dissenSion was the SuS-
pension of Father Walsh, pastor of the
cathedral, because Mrs. Sheedy of LIZ
coin, arrested for completely in her hus-
bands murder in 1891 had alleged that
the priest uttered scandal about the
bishop, after Father Walsh testified
against Mrs. Sheedy.
Then a battle began between bishop
and priests, the former bending every
power to drive all the priests who OPP
posed him from his diocese, and the
latter defending their civil and eccle-
siastical right vigorously. In 1871
Father COrbett of Palmyra, who sub
sequently sued the bishop for libel.
was brought before the diocesan court
to answer charges made by the head
Father William Murphy Of Tecumseh
presided, and the charges against the
Palmyra priest were dismissed. This
made the bishop furious, but on appeal
the lower court was sustained. In 1893
Is priests of the diocese filed a long bill
of charges with Mgr. SatOlli against
their bishop. and the apostolic delegate
came to Omaha He decided that the
case should go to the metropolitan of
the province. and induced the fighting
bishop to sign a truce with the priests,
which the bishop was accused of break
ing This led 10 more trouble and the
Corbett-BOnacum fight in the civil
courts. Father Murphy signed the
charges and Father Fitzgerald became
involved by signing the protest. which
was sent to Mgr. Satolli by the priests
against the bishops alleged violation
of the truce" and threatening to prove
the charges on trial of the injunction
cases in the civil courts. The result
of the protest was that imperative or
ders were sent to Archbishop Hennessy
by the propaganda and Mgr. Satolli
Murphy and Fitzgerald maintained
that the bishop undertook to destroy
them, so that the charges against him.
self could not be revived He sent
them letters of expulsion from the do
cese for failure to pay the diocesan
tax The bishop. went TO the civil
courts to get possession of Father Muir
phys church, but was beaten six times
and threatened accommodation of all
persons who attended their pastors
services.
The metropolitan court trial began
October % in st. Joseph college here.
Archbishop HennesSy abdicated as
Judge in favor of Rev. Peter Abbart OF
Marshal Mich. an authority on can
onical law. Bishop BOnacum was pres
ent only the first day. The prOsecu-
ton was conducted by Rev. Father
Slattery of New Hampton, Ia. and the
defense by Father Fitzpatrick of Du-
buque-