The San Francisco call., 1896-01-22
American Patriot. 1t lays Peter C. Yorke on
the shelf:
PETER YoRKE KNOCKED OUT.
THE SUBJECT-MATTE OF HIS CHALLENGE Al
READY SETTLED BY AN AMERICAN
COURT.
And Sworn to as Correct by Roman Catholic
Bishop.

Satan, it may not be out of place to publish
the following for the benefit of your readers.
| see no good TO be accomplished in the Kew.
Mr.. Ross taking up the gauntlet thrown uoWn
by Peter C.. with pull-back string attached 10
it. The subject matters therein mentioned In
the challenge have already been proven TO De
correct in statement before a legal court and
sworn to py no less person than Roman
Catholic Bishop IN authority, and are now
matter of court record and there preserved
forever.
In 1882 a copy of the Kankakee Times, pub
lished at Kankakee Illinois, came TO San Fran
cisco, whicn contained a communication over
the signature of Nox Populi. On learning
the name of the author of the eommuni-
cation, correspondence vas opened with him,
and it was learned that he was an eminent
lawyer of that place, the Hon. stephen r.
Moore who also was Notary Public. In his
letters in reply, bearing date of May Is and
June g. 1882. ne said:
You ask 'SNhat Judge was upon the bench at
the time the suit brought (you mean triaD
when Bishop Foley WAS required 10 translate from
the works OF st. Thomas Aqunas and st. Liguori?
Who were Chiniqny's attorneys, etc.,"
ou ask me to give you the facts in regard to the
examination of Bishop Foley when we made him
make the tranSlations.
We knew that he was the head of authority of
the Church of Illinois. We knew that he would
not dare deny the authority of the books bind
ing on the church. II Mr. Chiniquy would swear
70 the BOOKS being authority, it would be denied by
all Catholics, when they could not deny it when
the proof came from the Bishop.
We wanted to show, also, that it was authority
IN the church to-day, as well at the time they
were published This could only be done by fore
ing the Bishop to Q a witness. We knew he would
so away from the jurisdiction Of the court, he
could not be served with process, if he knew what
we wanted our statute allows any person whether
oIficer or not 10 q subpoena, We got the
process. and IN my possession on the evening be-
fore the trial, and ! took the evening train for
Chicago, found friend in Chicago TO go with
me. knew mat II sent up my name he would
refuse TO see me. Ny friend sent up his card with
O'Clock at night. After long delay, he came
to the library. He was much astonished
when he saw me, and looked at his
cardt TO assure himself that no mistake had oc-
CURED. introduced my friend, who politely read
the process commanding him to appear upon the
next day at Kankakee and testify i'll the case, at
the same time rendering him his witness fees, be-
ing cents mile and 81 for the days services
He Indignantly refused the money and declared he
would not attend. lie thought the courts had no
power over him. He recognized no authority but
the authority of the church | assured him that
he do as he thought best; but he must take
the conseQ uences. II would be contest between
him and the court, and had never seen the court
fail to enforce the orders OF the court.
He sent for the attorney for his diocese, Hon. B.
G.. Caulteld, and after the interview he had no
difficulty in concluding to obey the process Of the
court.
Judge Charles II. Wood was on the bench, Judge
William Osgood formerly associate counsel with
Lincoln and Paddock and myself
When Bishop Foley went on the witness-StRnd
we wanted Judge Ossood to handle him, but he de-
cEned- had my subject well in hand and
quite familiar with the original and after he made
few attempts to evade me he came down TO the
work and made good witness. He never forgave
me for it, however. He really felt that h high
position had been lowered. 1t was the first Tine
that any lawyer had done such q thing.
have the honor to be, very respectfully, your
obedlent servant, STEPHEN r. MOORE.
The following is his communication referred
to, published in the Kankakee Times.
THE CHURCH OF ROME AND LIBERTY OF CON-
SCIENCE.
In one of your past issues you told your readers
that the Rev. Mr.. Cniniquy had gained the long
and formidable lawsuit instituted by the Roman
Catholic Bishop to dispossess him and his people
Vpt
given any particulars about the startling reyela-
lions the Bishop had to make before the conrt in
reference TO the st-exsting laws of the Church OF
Rome against those whom they call .'heretics.
Nothing is more important for every one than to
know precisely what those laws
As / was present when the Roman Catholic
Bishop Foley OF Chicago was ordered to read in
Latin and translate into English those laws have
Kept correct copy Of them and l send it 10 you
with the request 10 publish it.
The Rev. MI Chlnlquy presented the works of
Saint Thomas and Saint Lguori 10 the Bishop,
questing him TO say, under oath, if those works
were or were not among the highest theological
authorities IN the church of Rome all over the
world. After long and serious opposition on the
part OF the Bishop to answer the court having
he (the Bishop was bound TO answer, the Bishop
confessed that these theological works were looked
upon among the highest authorities, and that
they were taught and learned in all the colleges
and universities OF Rome standard works. Then
the Bishop was requested to read in Latin and
translate into English the following laws and
fundamental principles OF action against the here
tics explained by Saints Thomas and l.iguori:
We omit the Latin and give the translation by the
Bishop
An communicated man is deprived of all civil
communication with the faithful IN snch "a way
that il ne is not tolerated they can have no COM
mGncation with him, as 1t is in the following
verse:
1T is forbidden to kiss him, pray with him.
salute him. to eat or do any business with him.
[See Lguori, vo'. TX, page 1872.
Though heretics must not be tolerated because
they deserve it, we must bear them till, by sec
ond admonltlon they may be brought back to the
faith OF the church But those who, after a second
admonltion, remain obstinate In their errors must
not only be eXcommunicated but they must be de-
livered to the secular power 10 be exterminated.
Though the heretics who repent must ALWAYS
be accepted to penance as often as thew have falIen
they must not, in consequence of that, always be
permitted 10 enjoy the benefits of this life :
When they fall again they are admitted to repent,
but the sentence of death must not be removed.
[St. Thomas, vol. iv, paAe OIL
"When man is exeommunicated for his
apoStasy it follows from that very fact that all
those who are his subjects are released from the
obey him." ST. Thomas, vol. ", page ga
The next document OF the church of Rome
brought before the court was the act of the Council
of LSteran, AID. 1915.
We excommuncate and anatbematize every
heresy that exalts itself against the holy orthodox
ana Catholic talth condemnlng ali heretics by
whatever name they may be known-for though
their faces differ they tied together by their
tails. Such condemned 10 be delivered
over 10 the secular powers to receive due punish
ment. II laymen, their goods must be conffscated
If priests they shall he first degraded from THAR
res ective orders and their property applied to the
use of the church in which they have officiated
Secular powers of all ranks and degrees are TO be
ecclesiastical censures TO swear that they will
exert themselves TO the utmost in the defense OF
The faith and eXtirpate all heretics denounced by
the church who shall be found in their territories
And when any person shall assume government
whether ii be spiritual or temporal, he shall be
bound to abide by this decree.
81 If any temporal lord, after having been ad-
monished TO clear his territory Of heretica deprav-
ity, the metropolitan and the bishops OF the
province shall unite in communicating him.
Should be remain contumacous a whole year, the
fact shall be signifed TO the Supreme Pontiff who
will declare his vassals released from that time
and Will bestow his territory on Catholics. TO be
occu pied by them on the condition of exterminat-
ing the heretles and preserving the said territory
in the faith.
Catholics who shall assume the cross for the ex-
termination of heretics shall enjoy the same indul-
gences and be protected by the same privileges as
are granted to those who 90 to the help of the Holy
Land. We do decree, further, that all who may
have dealings with heretics, and especially such as
receive. defend or encourage them, shall be ex-
He shall not be eligible 10 any
public office. He shall not be admitted as a wiz
ness. He shall neither have the power to he
queath his property by will nor succeed TO any in
heritance. He shall not bring any action against
any person, but any one bring an action
against him. Should he be Judge his decision
shall have no force, nor shall any cause be brop pht
before him. Should he be advocate. he shall nor
be allowed TO plead. Should he be lawyer no in
struments made by him shall be held valid but
shall be condemned with their author"
The Roman Catholic Bishop swore that these
laws had never been repealed and that they were
still the laws OF his church. He had to swear that
every year. he was bound under pain OF eternal
damn tiOn TO say IN the presence of (,od and to