The Irish standard., 1908-05-02
That the Courts Cannot Compel It's Violation
Long Since Became an lndis-
putable Fact.
Historic Case Produced in Which the Princi-
pal Was INDICATED and Precedent
Established.

, answering. and offered as his reasons
for declining to answer in substance
the following:
Were I summoned to give evidence
as private individual Gin which ca
pacity I declare most solemnly that
know nothing relative to the case
before the coult) and to testify from
those ordinary sources of information
from which the witnesses present have
derived theirs, should not for a mo-
ment hesitate, and should even deem
it duty Of conscience to declare what
ever knowledge l have. But
If called upon to testify in quality
of a minister of sacrament, in which
my God himself has enjoined on me a
perpetual and inviolable secrecy,
must declare to this honorable court
that cannot, must not answer any
question that has bearing on the
restitution in question; and that it
would be my duty to prefer instan-
taneous death or any"tcn1pural 1nisfor-
tune rather than disclose the name Of
the penitent in question.
For were I to act otherwise,
should be traitor to by Church, to
my sacred ministry and to my God. In
fine, I should render myself liable to
at dop,po%; f"-S
After giving a statement of the prin-
ciples of religion upon which rest the
inviolability Of the Sacrament Of PEN
ance, of which confession is an essen
tial part, Father Kohlmann went on to
declare:
IF, therefore, I or any other Roman
Catholic priest, which God forbid, and
of which Church history during the
long lapse Of eighteen centuries scarce
ever furnished an example, it, l say,
should SO far forget my sacred minis
try, and become so abandoned as to
reveal, either directly or Indirectly
any part of what has been intrusted
to me in the sacred tribunal of pen
ance, the penalties to whicl, should
thereby subject myself would be these:
II. should forever degrade myself
in the eye of the Catholic Church, and
hesitate not to say in the eye of ev-
cry man of sound principle; the world
would justly esteem me as a base and
unworthy wretch, guilty Of the most
heinous prevarication a priest can pos
sibly perpetuate, in breaking through
the most sacred laws of his God, of
nature, and of his Church.
SO According to the canons of the
Catholic Church ! should be divested
Of my sacredotal character, replaced
in the condition Of a laynan, and for
ever disabled from exercising any Of
my ecclesiastical functions
49, Conformably to the same canons
should deserve to be lodged in close
confinement, shut up between four
walls to do penance during the re-
mainder Of my life.
-. Agreeably to the dictates Of my
conscience. I should render myself
guilty, by such disclosure, of ever
lasting punishment in the life to come
The case was then adjourned until
June H. when opportunity would be
given for argument on the questions.
The counsel appearing on behalf Of
the priest were Messrs. Riker and
Sampson. The district attorney, Mr..
Gardiner, presented the case for the
prosecution-that is, against the claim
of exemption.
The attorney for the prosecution, Mr..
GARDINER, held that punishment can
not take place il witnesses are EXEMPT
from testifying to their knowledge Of
crimes. And by consequent that a
tenet. which makes it religious duty
to conceal this knowledge, thus nec-
essary to the public safety, however it
may be seriously believed by its pro-
fessors. is inconsistent with the pub.
lie welfare.
The closing argument on behalf Of