The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1913-06-28
LEGAL DECISION REGARDING THE
SEAL OF CONFESSION.

Just one hundred years ago this
month a remarkable decision was
handed down by De Witt Clinton,
Mayor of New York, which proved a
distinct triumph for the Catholics OF
New York June 14th was the one
hundredth anniversary Of the decision
in the Kohlmann case, which judicial
ly determined the secrecy of auricular
confession in the state of New York.
The case and it's ending make one of
the milestones on the pathway of re-
ligious liberty in America, writes J. G..
Coyle, in the Catholic News.
The Rev. Anthony Kohlmann was a
Jesuit priest. In 1913 he was rector
of st. Peters Church and Vicar Gen
eral of the young Diocese of New
York. Through a commonplace theft
the question of the secrecy of the con-
fessional came before the Court of
General Sessions and resulted in a
memorable decision and a distinct ad-
vance in the position of Catholics be-
fore the law.
James Keating, Catholic merchant,
had been robbed. After one Phillips
and his wife had been arrested for
receiving stolen goods, Heating re-
ceived his property and declined to in
form the police as to the manner of
the return. Under threats of commit
ment to Jail and the exercise of the
full limit of police and judicial power
to enforce disclosure from him,
Keating revealed that his goods had
been restored to him by his pastor,
the Rev. Father Kohlmann. The
priest was summoned to the police
bureau, but declined politely but reso-
lutely to give information as to the
identity of the person or persons from
whom he had received the stolen prop
erty. When the grand jury considered
the evidence of theft against certain
accused persons, Father Kohlmann
summoned to appear before that body,
again refused respectfully to give in.
formation. On testimony from other
witnesses Charles Bradley and Benja
min Brinkerhoff, both negroes, were
indicted for theft and Phillips and his
wife for receiving stolen goods.
The trial began on March 5, 1913
Mayor De Witt Clinton, who ordinarily
would have presided, was absent al
Albany. He was Lieutenant Governor
of the State as well as mayor of the
city. The Hon.. Pierre Vanwyck, with
Aldermen Morse and Vanderbilt, con
stituted the court. Father Kohlmann
summoned as witness, against de
clined to testify anything as to iden
| tity, description or material facts that
would give any clue to the person OF
persons who had made restitution
through him, of the stolen property
The attorney for the defendants OBJ
jected to any attempt to force dis
closure by Father Kohlmann. Viii
liam Sampson, a famous Irish Prot
estant lawyer and former United
| Irishman, spoke as friend of the
court" and declared that not even in
Ireland, where the Catholic religion
had been prescribed, had he ever heard
of an instance where a clergyman had
been called upon to reveal the secrets
of the confessional.
The new District Attorney, Mr.. Gar
denier, was willing to enter plea Of
nolle prosequi against the accused per
sons, which would have permitted the
issue as to the compulsion Of Father
Kohlmann to testify to disappear with
the abandonment of the prosecution Of
the accused. But the trustees OF st
Peters Church deemed the question
of too much Importance to be left un
settled. They, therefore, petitioned the
district attorney to bring the case Of
Phillips and his wife to trial ito the
end that judicial determination may
be had which shall insure to all Cath
olics, in common with the rest oi
mankind, and according to the words
of the Constitution, the free exercise
and enjoyment of their religious pro
| fession and worship This petition
was signed by Dennis Mccarthy, secre