The New York Herald Newspaper, November 1, 1855, Page 2

2 HAPORTANT CRIMINAL TRIAL IN VIRGINIA. Murder of a Wife by her Husband m a Fit of Jealousy—A Catholic Pricet Called upon te Reveal in Evidence the Secrets of tae Cenfessional—His Refasal, and Decision ef the Court in his Fevor—Conviction and Sentence of the Prisoner for the Miver Of- Bence of Mansloughter. SPECIAL REPORT FOR THE NEW YORK HERALD. Ricumonp, Va., Oct. 20, 1855. A case involving points of unusual interest and novelty has closed this evening, in the Superior Court of this e@ty, Judge John A. Meredith presiding, A man named Jobn Cronin, a storekeeper in this city, was tried for the wurder of his wife, having inflicted upon her, on the ‘th of last month, injuries which led to miscarriage and wedsequent death, ‘The cause of this treatment was her detection in adul- ‘terous cobabitation witha man named Thos. Byron, who, te avoid the vengeance of the aggrieved husband, had immediately quit the city, For some days after the @eourrence the injured woman seemed compara- ‘tively well, and it was not till she had given Dirth to a stillborn child, which was aboud ‘Whe sixth day, that she manifested any alarming symp- toms. She lingered until the 13th inst., and up to the woment of her death made the most solemn asseverations efinnocence in regard to the charge of adultery made against her by her husband. ‘The case commenced on Saturday morning, and con- tinued until this evening. ‘The first witnesses examined were Doctors Gavenzel and Beale, of this city, both of whom testified that the weman came by her death from a rapture of the spleen, x, more directly, inflammation of the stomach, which Wed to abortion. The rupture, which they stated to be the origin of the malady, was produced by a violent blow ta the region of the spleen externally, the nature of the ‘wound or contusion indicating that it waa inflicted by ‘the point of a stick, or something of that circumference. Edward McSweeney, brother of the deceased, was next examined. He said, that on the night of the 28th of September, while at the house of his brother-in- Jaw, (the prisoner, ) an alarm of fire was given, whereupon he and the prisoner started up and ran in the direction ‘the tolling of the bell indicated the fre to be. They as- eertained, however, before proceeding far, that the alarm false, 5 ained at the priouer's ure wath about, $0 erciecc et night, when he left for his boarding house; he retired to bed soon after getting there. In about an hour or two His trom, Zin aleop, eid’ bo wanted’ Non at his hans pops: eR want at his house: ith as little delay as ible, and Jott with the prisoner; upon entering the steect he Prisoner) remarked to pry “Tam + me oe ever; I caught Margaret (meaning in the back- house with 31 tad her to say : about would be silent upon the matter.” He Qwitness) and the prisoner then proceeded to the house, ‘and entering the bedroom found the wife there; both commenced talking upon the subject of the oped r the interchange of some ery, vents Se - ener struck her; she ran int an Bedroom, occupied by boarders, and ‘pon one of beds on her’ face, and the prisoner followed her, and through the in- terposition of on» of the fora, who. cy peng fae ge "part quiet was restored. three—that is, prisoner, wife ana himself, ,) again returned to the room whence she fled, and there ee after a few more angry expressions, she ‘was struck by the prisoner and knocked j Pee she re- mained motionless tor a minute or two, and then arose ‘ami sat upon the bed. The prisoner remarked that he would go and kill Byron, and immediately rushed down stairs, He (witness) followed, and, going into the stroet, ebeerved a Yriend of Byron’s, and called upon him to ome in, else the prisoner would murder m. He then went for the watchman, and upon his retarn— ay abont three-quarters of an hour absent—he found ‘the deceased in the street; she was forced or out Dy the {incised ‘and compelled to take refuge in a neigh- Ouse. ‘Mies Mary King testified that she attended her for several @eys during her illncss; she observed several bruises ‘upon her person; there was one on the back of her head, and some bruises on the neck, as if from severe throt- 0, eat deal about a bruise ember sido; beard Mr. Cronin (the prisoner) say, in Breeence of his wife, that sho was innocent, and that he ‘would make proclamation of that fact in the public pa- Lariat Mf phe would consent to livewith him; she he wise) ip that if she recovered she never would, and ‘Mf sho , he would be the canse of her death. Two other female witnesses testified to the fact of her deing cast Out of doors by the prisoner at a late hour on ‘the night in questien. ‘The case for the prosecution closed here. “QA witness, named Campbell, a boarder in the Cronin, testified ‘to much the same facts given in evdence by the prismer’s brother- law, with the addition heme] - ms 5 yn Leora ty “hnabana (the prisQhe); his presence, le was being Spbraiied with Br oonduct, that Byron the door of the backhouse open whilé sne was in he said that the door opened out and not fn, and ‘not be forced without much difficulty. Mayo, Mayor of the city, testified that on the last month, the day upon which the prisoner was him for examination upon the charge, the deceased that while in bed on the night of the 28th, she was ved by the touch of some person, whom she dis- eovered, upon close observation, to be this Byron; she erdered him to leave the room, remarking: ‘‘What would wy husband think if he saw you in this room?” He did eave; in a moment or two after she went down stairs and observed Byron seated upon one of the steps; she passed him and went into the water closet or backhouse; while there this man, Byron, attempted to force in thedoor, and it was then her husband came up; he (witness) dis- ‘of the case by requiring the prisoner togive security Bkeep the peace; he did not on that occasion obsorve hat she was pregoant, but did in a few days after, upon seein nis residence ; it was hia knowledge of feet that induced him. upon hearing of her death, to or- @er the Coroner to hold an inquest upon hor ; he belleved @ warrant was issued for the arrest of Byron, but he, it ed, evaded the pursuit of the officers. . John Teeling, oman Catholic curate of this city, was pext examined, by Mr. John H. Gilmer, counsel for the prisoner. He anid: I have seen the prisoner at the Bar ; to the best of my knowledge I saw him at the Hust- {ings court, and believe I bad previously seen him at the Jhouse where I attetitied the deceased (Mrs. Cronin); at east, I saw a person represented to. me as Mr. Cronin at ‘@ house on Fifth street, said to be the house of that per- oan ; I was called to see a sick lady in that house, in my be gs! as & Roman Catholic priest. you? TE Gilmer—Did that woman make any declaration to ‘Witness cannot say that she made the declaration to myoelf in particular ; she made a declaration tn the pre- gence of her husband and myself, or at least the person ted as her husband, Ter, Gilmer--What was that dectarationt Witness—che declared, as well as I can remember, that she bad never known any man but her husband since their marriage; or, in other words, she denied having had connection with the individoal mentioned in connec- tion with the charge made against her by her basba:d, ax anybody else. Mr. Gilmer—Why did she make that declaration in your presence? ‘Witness—I don’t know whet prompted her to do so at that moment; were several persons in the room ‘when she was about to make that declara’ but upon her saying ‘I confess’”’—a term which in my church ry t signflication—i ordered her to stop, amd com- ‘all to leave the room except the husband; she then loved her hands together and uttered the denial which 1 have detailed; whether she addressed herself to me or to her husband I will not say Positively. Mr. Gilmer—Did I understand you as having regarded the words * I camfess”’ in a sacramental sense, or a# pre- fatory to a declaration of something sacred, not proper te be heard by those present ? Witnesr—I rey them in that {nstance as intro- ductory to a declaration which she was about to make to me of something appertaining to the charge made against her by her husband, which, however, I deemed it im- proper that all should hear; I did not regard the words fan used in a sacramental sense. Mr, Gilmer—Did you not say to her ‘‘stop,”” when’she waa about to make her statement, and when she uttered the words I confers’? ag believe ao, ‘Gitmer—Did you address her as her priest? did not do so, as her father confessor; at ional wo allow no person to be present excopt tn langonge unintelligible Yo. ie priest in thet in uninte! jin we og Ce pe wo Pde pend) ty no other Snstance is a thir nm present. Me cinee Wa ae etone ores he da tF my other acting ina civil capacity; the other a #cra- ‘Mr. Gilmer—If in her sacramental confession LE Md he admitted her guilt in hundred instances, could she, tion made to her husband in your pre- fossion, and made stato- had been there submitted? which ively wets she on abe ly me it ‘and have even contradicted in her declaration statements made at iy = you, in ‘that involved tion to me in my civil ‘an to any declaration no matter what the ame 9 to inculpate the prisoner, I it. ot Pit oon, ‘aid abe Bot at the confessions, wy Tapaces ng heath hands, declare to you ma can say nothing, and will state my reasons oo. ’ ‘Was about to caplain way 38 was be oral confessional, w' . re. i E E , WAS Biated at Marmaduke Johnson, counsel for the marked ‘po foundation death oF dissolution, which could make Eadie = td “ay Of soars declaration war made ote i the prisoner present when she made re oe int wan confection. Mr, Teeling—The presence of w third person, at much a NEW YORK HERALD, THURSDAY, NOVEMBER 1, 1855. time, ie only allowable in the single instance to which I bave already referred, when the language of the pesitent is anin' ‘ible to the confessor, which, of course, ren- dere the aid of an interpreter indispensable. Mr, Joboson—Even though the witness was not a Catholic priest it would be my duty to warn him against administration of that sacrament is concerned, you ate not only notto infer that the party was in danger and under a sense of approaching death or im; nes jssolu- thon, but you are te infer the contrary. The o. fy signiti- cation implied in the performance of this ceremony is that the person is sick, and so afllicted as that death may answering this juestion. [tis more than hear- | ensue, however remote that event may be, As to sbsolu- seg tealimony, which, of conrse, ia not admissible, tion, that cam be had at any time. “And so with sacra. nootrt | unierstand yo meg dimen gant awed prance gg Members of the Romish Charch fre 2 priest in perfect nealth to make it, her other declaration. . Then, cin oo far an the priest and. there ceremonies aro Mr. Gilmer—I want to know from the witness whether oncerned, signify be {s not aware of her having made a declaration of her | st Ie davon, and shall ace whether to the situation of tha-w>- her husband ? by ir, can only apeak of made to | man forms a foundation for the introdaction of her decia- me abstract my capacity 08 father confessor, I say ration asa dying declaration. He says, he was asked that abstract from that she made no declaration to me ther if she wae in any great danger. He inquired ing ber in the least degree; I can say of | wi she asked thit question. She answe: what her in her confession to me usa | because if she th sho was, sho would send for the minister of the Catholic Church, Psst, Be re t sho bad better doso, since she Mr. Gilmer—The question is before the Court. It any upon the matéer. Now, sir, stopping Court: what grounds do you put this question? here for the present, I submit that it was the most pru- Mr. G. here entered into a statement of facta and cir- | dent.and appropriete reply that the Doctor could make, tended he supposing hat he bi did have, in his own mind, any apprebension of immediate or approsching dissolu- 1) use it is impossible that he could have been certain of the prolongation of a life to any particular period. It must have been contrary to his inion that point of dation is formed for the introduction of her declaration, Court—I did not understand her to say that these | that foundation would be entirely removed by the further statements were made in the absence of the wife. statement of Dr. G., that he aid nothing to her regard- Mr. Gilmer—In one instance the statement was made | ing her condition, but was, on the contrary, studiously in presence of the wife; bat I understood the witness to | cautious not to say anything that would impress ber say that, in other instances, statements of the same na- | with the belief that she was in ig ad work ture were made in her upon her mind a sense of impen solution. If he ‘T misunderstood the witness, then; and I ask Ghitol vonl Lave seen woe: he not only did no: bs to diaregard such te: a do so, but was strictly careful not to insinuate anything . ‘was again called and examined, that had a tendency to produce such an impression. Mr. Gilmer—When you saw Mrs. Cronin, what was her | You bave his statement er that she raid nothing condition ? which indicated a sense in ber own mind of impending appeared to be very sick. dissolution. Now, sir, these are the premises which are Mr. Gilmer—Was she not in apprehension of imme- | defined before us. The law lays down eee ee diate death? of this sense of approaching dissolution doey Witness—I do not remember whether she made any | not appear from the actual tion of the parties, SET cn ann a to ine ted sls was, th all the surrounding circumstances may tend to a Sue you teil her she was in danger of Sabnre wank eee Oe nee must a some way or other, ly t- ‘Witness—I don’t remember. matively. It is not incumbent upon the commonwealth Mr. Gilmer—You say she appeared to be very sick. Did she so remark? pending dissolution, but itis incumbent upon the partles ‘Witness—She might havo said that she was very sick; | Seeking to present'tbe declaration 1o show that «ee, was Thave no recollection of her having expressed any fear | under this mpreskion. Now, sir, the premises do not of immediate death, exist to show it, as a comparison of the is manifest upon Mr, Gilmer—Did she notseck an interview with you | facts developed in this case and that which I have cited in view of approaching death? from W! Mr. J. read again the case referred to. Witness—That might be the case; but it does not fol- | In the case before you it soe that these ceremonies low that she was in any danger; it is ci with | signify nothing acco the Catholic Church, as 1, rsons to send for a es when they are taken sick; | is conducted in Vi or elsewhere, They signify notbing asa ground for inference fu regard to the low first idea I got of this woman boca page was through Dr. Gay to whom she expressed a desire to see Bishop McGill; the doctor called to see the beget for that purpose, but he being ei with other duties at the time, I attended in his st 5 Mr. Gilmer—How often did you visit her? ‘Witness—About twice or times ; Iam not, in fact, certain as to the number of visits I’ paid her, but am sure of having visited her more than once. Mr. Gilmer—On which occasion was it thatshe mado the declaration to you in presence of her husband? Wit am not certain whether it was on the occa- sion of my first or second visit. Mr, Gilmer—Did you caution her not to make any statement of what transpired at the confessional—or, in other words, to repeat any doolaration which she mide Witnese—I don’t know that I did. Mr. Gilmer—If she called you, and said—‘‘Father Teel- ing, I wish to make a confession betore you, and want to absclution ’’ would a statement made under those cir- cumstances, being regarded as accessory to the absola- tion, be looked upon ss sacramental or such as you could not reveal? Witness—If I sat down and put round my neck what we call a stole, which resembles a wide ribbon, and is re- garded as a rdrk of jurisdiction, any thing declared after t is held to be a sacramental cor lon. conditim of the health of the party to whom they are administered. If any inference can be drawn, it is that the party is not Lapa bey this sense of impending dissolution, for we find that it {s enjoined upon members of that church to seek these sacraments at a period when hopes of recovery exist, that they may receive the physicul benefits which the sacrement of extreme unction is un- derstood to confer. There are many other analagous cases which I might cite in support of my views, but this is unnecessary, for the same principle runs and that is, that it must appear the declarant ma declaration under a sense of impending disso- lution or approaching death—a fact,which does not ap- pear in this case. Mr. Teeling was again recalled, and in reply to a question from Mr. Gilmer, as to whether the deceased made a declaration to him in articulo mortis, said that, abstract from his capacity as Roman Catholic minister of the sacrament of penance, she did not. If your question, eaid he, has reference to any statement made to me at the confessional, I must decline to answer it. Mr. Gilmer—Did or did not Mrs. Cronin make any statement to you in articulo mortis? Witness—I can only answer with respect to what was said abstract from my capaelty as consessor; in this con- nection, she did not. Mr. Gilmer—Did throu; de gi ‘ou not administer to her extreme Mr. Gilmer—Does not @ patient to whom you adminis. | unction in view of impending dissolution? tor extreme unction feel that it is administered because | — Witness—I administered extreme unction delicving of approaching death? that she was laboring under an illness that might end in itnese—Extreme unction is administered to persons | death; Iwas incompetent to judge whether or not she who are in danger of death, or have some disease which was in danger of immediate death may produce death, while ‘that result may be remote. Mrs. Mr. Gilmer—I Cronin, in her confession, aa- We teach our people the etroneleny of putting off the | mitto you that she was guilty of adultery with one reception of this eacrament to a period waen there is no | Thomas Byron? hope of recovery, for we attach to it an efficacy in heal- | Witness—I cannot answer that. the body toa certain extent. The Court ordered this question to be put in writing, ir. Gilmer—Could this woman have received extreme peeeraeer to Mr. Gilmer entering upon his argument unetion at your hands without knowing that yeu admin- | in support of its legality. Mr. Gilmer addressed the that sacrament with « view to speedy dissolu- | Court at considerable length with a view to show that tion? the question was a legal one. His srguments in the be- Witness—The very fact of the doctor having called up- | ginning had reference chiefly to the existence of the pro- on me to visit her® would of itself be suffisient to induce | per foundation for the introduction of the woman’s de- me to administer that sacrament. It would not follow, | claration at the confessional, as a dying declaration. In however, that she was in danger, nor, indeed, am I com: | support ofthis position he relied in a great measure upon petent to j . the circumstance of her having sent for the priest, as Mr. Gilmer—Would you administer extreme unction to } also the appre? ensions which ahe manifoes'ed of prematare "h ‘son? delivery as intimated to Dr, Gavenzel. He also entered upon itogs—Extreme wnction is administered only to ‘8 discunsion of the obligation on the part of the priest to bop ad are very sick, or laboring under a diseaso | reveal the declarations at the confessional upon the that may end in death, rch tn mete) T generally iris Foe acerca connection ay Byron, ‘warn persons against the supposition that every person it, Johnson replied at great an argument of to whom extreme @nction is administered is dying; on considerable power, maintaining fy the first place that the contrary, I tell them théy should receive this sasra- | the proper foundation did not exist for the introduction ment when there are ho} in order that | of he of 3 i woman’s dying declaration, and seconily that no they may res ihe temporal benefits which it confers; : we hold it to obligation rested ey the priest to reveal what was sinful for a priest to defer the admiai stated to him at confessional. J regret that the tration of this sacrament to a hopeless crisis in a1 dangts of this report does not permit the presentation of disease, when he had an opportunity of doing 60 ata | both speeches in full, The whole trial, including the ad- hopes of the recovery of the patient existed. stage w Arenses, is to be published in pamphlet form fr. Gilmer—Did she not confexs to you before she re- | Mr. ‘feeling, having obtained leave of the Court, stated éived absolution what was contradictory, or rather the ; his reasons for not answering the questions put to him reverse or the statement made to you in presence of her by Mr. Gilmer, as follows :—It is due to this honorable husband? Court to state briefly my reasons for not anawering the Witness—I cannot answer that question. questions proposed by the counsel for the defence, as, to Court—Any declaration made by her in the absence of | hesitate to do so, would argue a contempt for the majesty her husband 1s inadmissible, of the law. Were J asked any question which J could Mr. Gilmer here contended that he laid the founda- | answer from knowledge obtained in my civil capacity, tion to justify the admission of any declaration which | or us a private individual and citizen, 1 she she may have made at the confessional, as a dying de- | not for a moment hesitate—nay, more; J would consider claration. The Court seemed to be of a contrary opin- | it my duty to lay before this h.norable court all the evi. ion. dence I was in possesion of, being mindful of the precept Mr. Gilmer, addressing Mr. Teeling again—WVhen this } of the apostie—“Let every soul be subject to higher ‘wornan made her confession to you did she not say that | powers, for there is no power but from God, and those she gent for you to administer extreme unction to Ler, | that are ordained by God. Therefore, he that ‘resisteth from an apprehension that she was about to die? the power, resisteth the ordinances of God; and they that ‘Witness—I don’t remember. resist, purchas* damnation to themselves.”? Rom. xiii. Mr. Gilmer—Did you not at the time of administering | 1,2. "But itrequired to answer any question in quality this sacrament admonish her that death was approach- | of Catholic minister of the sacrament of penance, where I believe God himself has imposed an inviolable and eter- nal gecresy, Iam bound to be silent, although instant 5 ing? Witmens—1 have no recollection of having done se; 1 o not even reoollect that I performed that ceremony, | death were to bo the penalty of my refusal. The ques- but take it for granted I did, it being my duty. tlon proposed by the counsel for the defence affects me in Mr. Gilmer—Did you not fell ber that she was very ill? | the latter capacity, and hence! must decline to answer Witness—I do not recollect; I did not in fact know the nature of her disease, and merely prosumed she was sick, from the fact of her having sent for me. Mr. Gilmer—Did she tell you she sent for you? Witness—I don’t remember; but she seemed as if she expected me. r. Gilmer—Did the deceased admit to you at any bine or under any circumstances, that she was guilty of adultery? ‘Witnoss—Abstract from my capacity as sacramental contessor rhe said nothing involving herself im guilt of that character; she denied her guilt, ax I have aiready stated, in presence of her husband and myself; any statement made in her sacramental confession, whether inculpatery or | exculpatory of | the pristoner, 1 am not at liberty to reveal; Dr. Gavensel was here sent for, to ascertain from him whether or not ahe was induced to a for the priest from a sense of approaching death? The doctor having arrived, was questioned upon this point. The amount of his testimony was. that the wo- man merely asked him if she should nov send for tho [neo and he regted that if she had any desire she had tter do so; he did not insinuate to her any opinion of it, whilst in se doing I most respectfully disclaim aay in- tention of contempt or disrespect, directly or indirectly, to this court. Isa Catholic priest ever justified, undec apy circumstances, in revealing the secrets’ of sa cramental confession I answer no; that no power on earth, civil or ecclesiastical, spicitaal or temporal, can ever, under any circumstances, dispense with this perpetual ‘obligation of secresy; so that were Pope Pius be Ninth in this Court. and iT ean suppose for a mo- ment that he would so far abuse his sacred authority, and in the plenttade of that authority, ax my frst spirit val superior en earth, should request, admonish and command me to answer the question ie] d, my an- swer would be to him what it was to Mr. Gilmer—{ can say nothing about the matter. The law which prohibits my revealing what I learn in a sacramental confession, Catholics belfeve to be divine, and to emanate from God himself, It is » tenet of the Catholic chifrch. that Christ instituted the seven sacraments—neither more nor less. Con florent in decreto ad Armenos, A.D. 1439, Council of Trent, sept. 6, canon 1, ‘It is also an article of Catholic faith that penance is one of these sacraments, instituted by Christ for the retission of sins committed after bap- tism—Council Trent, sept. 14, canons 1 and 6—that sa- his own respecting the danger ef ber condition, nor was | cramental confession an essential and compo- he able to infer that she h ot apprehension of | nent Omid of this sacrament. Further, that the immediate death, further than was implied in her wish to | obligat of secresy is essential connected have the priest sent for. He said, however, that it was | with the divine institution of confession; for if it would customary with many of the Catholic persuasion to send | be lawful for a Catholic priest n any case to reveal what for the priest upon their first illness. was confided to him in confession, the divine precept of Mr. Win. Taylor, Recorder of this city,was nextsummon. | confession would become entirely nugatory, and tere is jest an eo his . Such a revelation, if permitted, woul | be des- tructivo ot the divine precept of, jon. But as 7 cannot suppose that Christ, the Eternal Wisdom of tne Eternal Father, would pull’ down with one hand what he erected with the other, and, as we Catholios believe, in- stituted sacramental confession—and for wae purpose of confession vecreay is absolutely necessary—we conclude thet inviolable secrery is commanded by our Lord in the obligation of secresy. If I were then so far forgetful of the solemn obligations contracted at my ordination—o7 obligation not arising simply from ecclesiattcal, bint from a divine law—not from man, but diro. - God—an to answer the question proposed, infamous in tho ly from Y should be forever boo render eyes of the Catholic Church, shunned by every Catholic, and I believe by every honorable man, no matter how far his Lg Be meme and mine might differ; ahunn«t and rendered as a sacrilegious wretch who trampled on his most holy and solemn obligation, and violated the sacred laws of nature, of his God, and of et for examination, His testimony consisted merely of statements made by the prisoner and his wife apact from each other. This was declared inadrateslble, Mr, Gilmer briefly addressed the Court, contending that the testimony of Dr. Gaveneel was conclusive of the existence on the part of the prisoner’s wife of that sense of approaching death which would justify the introduc- Hon of her de ration at the confessional as a dying de. a n. The Court inferred that the doctor’s testimony showed nothing that would justify such conclusion. Mr. Johnson, Commonwealth's Attorney, said:—It was to be remembered that absolution was granted at any time, either on the eve of death, or in health, accorting to the disposition of the penitent. Extreme unction is administered, not when the party is under a sense of im- pending dissolntion, but, we dnd, on the contrary, that that toa are admont not to tpone ita reception when there is no Legs ar roecreehs Confea- sions are made at all times, and Catholics go to priests when in the enjoyment of perfect health. About absolu- condemned to nal imprisonment in - packed glint ment 8 mun- , there to a the horrid crime I ould hae hod commatited. “hak what iserll oct toe would make it admissible. principles of law | portant than all, I would violate the dictates of my con- upon thi subject are clear and distinct. It must ap- | science, that stubborn monitor whose voice would forever the whisper to my soul black and dire 1 t endeavor to smother its cry, but sll my attempts would only add strength to its térrible reproaches and warn- Ge eseroge, be. punusbed forever by the Cor pan! e nal and offended Deity. = erty ro borg unde sno of AL. made when was under a sense of inn disso- inthe; etherwiee, no _ ition is laid for Tes totcodee. ited @ case from Wharton on it was shown that a declaration made by a party ander a sense of 3] death or of a just impe! Lo was inadmissible, be- io ed Hy poo Ral pd my Li vie iy of sal ex le aA Ld juestion Ed menting Searactem anne | mas, hime tees wr o> gat ber ex . pa Se cain ies ctine ict ot | Dap he ler dnctibe, 1 pall receive Tt wit reapeee ‘was listened to with the utmost atten- eburch, under a sense of approaching death, or im- ‘ om ns! cl tion, "Tt evidently,exelted a great deal of astonishment in dissolution, which of course gave to the declara- the force that might have rendered it edmissi- | the Court. and yet we find, because of the expression The deciéion of the Judge occupied considerable time ‘boy of uttered subdsequently, | in its delivery, and is therefore too long to present in . But {in the case | full. 1 shall, if necessary, furnish a fall report of it. He decided, in the first ce, that ne foundation was laid for the introduction of the statement of the woman aga dying declaration, and reviewed the testimony of Dr. Gavenzel and Mr. Teeling, which wero the most nee issolution to this it, to nhow that a sense of $1; or eda death which could constitute Le declara- o 5 ity ‘as to the condition of the health of the party. Mr. Teeling was examined as to the circum stances under which the sacrament of extreme unction was administered. said that it could not be admin- | tion a dying declaration did not exist. He therefore pose al aren RES J atl gan d ruled the presentation of a decleration, made under ander a disease which might Ln fatal at a period how- | such cirew This rule necesaartl; ever remote; confession and absolution were given atany | obviated ony necessity te exact from Mr, Teel the 7 to him at the con . Ye Mr. pene me! Hep it ia obvious that mothing as to the condition of the declarant ix inferrable from the to mee upon it. He went very fully fact thatthe priest was sent for, or that he administered | into thia question, to ions made the all the ceremonies peculiar to the Romish Charch. As in of a somewhat similar character. te thesacrament of extreme unction, it is Inid down by wo two , in which de- ila to | clarations made by Catholies to Protestant ministers were the ablest theological writers, that if administer it antil the case of the tions onmmer nope. lena, having had it in his power todo #o while there were etill hopes, he ie guilly of a rim; #0 that wo far ae the held to be ssible, though the clergymen, not ing the confession as sacramental, were willing to ‘lose al) that wae communicated to them. The con- fessions were ag made in u penl‘ential spirit, in the hope of fos ness for the tins disclosed, and hence sacred. though in the estimation of the ¢ ergymen, by no means sacramental. He said he regarded any infringe ment upon the tenets of any religious denomination as a violation of the fundamental law, which guaraatevs perfect freedom to all classes in the exercise of their reti- gious éutier. To encroach upon the contes which was well understood to be tenet in the Catholic choreh, the Bill of Rights as it is applicable to that church. In viow of these circumstances, as woll as a series of other eonsiderations connected with thi+ subject, he felt wo hesitation i ruling that a priest eo joys @ pr ¢xemption from revealing what is com- pst to him at te oontecslocsl The court was crowded to excess during the delivery of this decision. Never, probably, waa a judgment rendered in this court or in this city, which excited more interest, or was lotenad to Wish tare attention, In fast, the court room was uring o hearing ‘the entire case. The counsel for the prisoner ente @ bill of ex- tions to the Judge’s decision, with a view to have the points tested in the Court of Appeals. Both counsel then addressed the jury—Mr. Gilmer for the prisoner, Mr. Johnson for the Commonwealth. ‘After a lucid charge from the learned Judge, the care was given to the jury, and at a late hour they, returned to the court room and rendered a verdiet of ‘ guilty of voluntary mansleughter,’’ subjecting the mer to imprisonment for five years in the itent » The ccupsel having filed a of exceptions, execution of the sentence will by pean to allow time to take the case before the Court of Appeals. would bs to ignore ‘The Epidemic at Norfolk. OUR NORFOLK CORRESPONDENCE. NorPoug, Oct. 29, 1855. While I am writing martial music is falling upon my ear, Ithas been many a long and weary day since such sounds greeted me, And what is the cause even now? Death has been at work, and a member of the fire depart- ment has fallen, The ‘United’ fire company has just passed me. I counted twenty-six, all of whom werein unt” form. Death bas dealt lightly with this company; but now they have been called to pay the last tribute to a deceased member. His name was Floyd. The epidemic of Norfolk has at length ceased, and though cases constantly occur, they are among those who return to unopened houses, and to these there would be danger, even though ice had gathered on our rivers suffi cient to bear a horse and team, Three women were found aday or two since lying on one bed sick of fever. The house in which they had gone had rematned closed until they opened it, Our thoroughfares are once more thronged with our people pre] for the winter. Not & boat but Teed Pigs jp ‘of those who have been absent from their hearthstonos for three long and gloomy months. Happy will they be to know the time for return is come—in my humble opinion fully ccme, though some think not. fe have halice » littie, and frost in quantities. For three or four days the weather bas been steady cold, and the only sickness pre- vailing to any extent is billious and intermittant fever. Thir Prevaile to agreat extent among those who have been living in the country. The murder in Portsmouth creates considerable excite- ment, and many rumors relative to the cause are afloat. though none definite. One is that the man wanted to get married, and his son told him that he had better wait until his mother was coldin the grave; this enraged him to such an extent as caused him to kill the boy. Another is that the boy had robbed him, (which is true,) but whether this caused the act 1 do not know. The weather continues cool. have been three deaths—Mr. Floyd and two children (orphans), names unknown, NORFOLK. FINANCIAL AND COMMERCIAL. MONEY MARKET. Wepnespay, Oct. 31-6 P. M. The stock market to-day is no better. The disposition to contract still continues, and prices are readily acoepted which a few days ago would have been considerol a mon- strous sacrifice, Gentlemen will sleep sounder, however, on their diminished stock, notwithstanding their antici” pated profits have diminished with their decreased lia- bilities. If the market rises, they will console themselves with the profits on what they have left, and if it falls, they will be thankful that they took the prudent course. It is not at all impossible but that the apparent sacri- fices submitted to to-day may be looked back upon thirty days hence, as most excellent sales, It requires a bol! man—not to say a feolish one—to load up to the extent of his margins in times like these. When the financial affairs of the world are in a settled state, calculations for the future may be made with some de- gree of accuracy; but at present it cannot be done. Europe is engaged in a tremendous struggle for su premacy—the East with the West. Whatever the in. genuity of man can devise to give advantage to the one ste or the other, is adopted, without regard to cost. A suspicion prevails that Russia has added a new article to her system of tactics—an assault upon the finances of her foes. By certain sacrifices, Russia can make a drain cf gold from the banks of France and England, which the mansgers of those institutions are powerless to prevent except by closing their doors, By similar sacrifices, England or Frauce might, in a single day, sweep our banks of their paltry eleven millions, as easily a hey have swept the city of its stock of flour. It ia con- ended, in fact, that the $630,000 of specie sent out by the Atlantic to-day is in violation of the laws of trade. Reasoning from the price of bills, the conclusion would have been established at once that no specie would go to- day. Another weck and there may be five times the amount shipped, and with bills at the same time selling at slower figure. Aguin, we repeat, it is the time to curtail liabilities, to take in sail and wait fora steadier wind. Prices at the first board varied from the corresponding board of yesterday, as follows :—Illinois Central 7’s ad- vanced \;Cumberland, 34; Erie, %; Vanama, 1; Read- ing, 144; Michigan Southern, 14; Cleveland and Tolede> 1. Michigan Central declined 34. At the second board they were about the aame, closing dull and with a Yownward tendency. Sales of New York Central were made at 8734 and 88; some odd lots were offered after the board at 87. The interest maturing 1st of November on the bonds of the Junction (Ohio) Railroad, also on the bonds of Hu rom county, (Ohio,) will be paid at the office of the Cleveland and Toledo Railroad Company, No. 18 William atreet. : Mr. Albert &. Nicolay’s regular semi-wpekly auction sale of stocks: and "bonds will take place to-morrow (Thursday,) at 1234 o'clock, at the Merchants’ Exchange. ‘The statement of business at the United States Assay Office at New York, for the month ending Oct. 31, is as follows:— Deposits of gold— Foreign coins. $3,000 Foreign bullion, 21,000 United States bull Br. Mint bars $230,000). ‘3,628,000 Deposits of silver— ‘oreign coins. ‘ Foreign bulliot 3. 9,00 United states bullion (contained in GO) eee eer aeo at Lake Superior ‘native silver Total deposite— bag is “— $3,005,704 Gold bars stamped. ........ + 1,897,711 The following table exhibits the operations at the office of the Assistant Treasurer of the United States, New York, for the month ending October 31, 1855:— AssetantT TREASURER’S Orrice—Recmirts axD Donvras- wns NTH. October 1, 1855, by balance ,...46s+s+04++487)159,077 55 a th 4,964,490 67 Total. ..cersereeeerrerces eceyeceee eee S11,614,158 12 Payments— Post office drafts... Balance October 31, 1855. Balance cr. disbursing ao’ta. Receipts during the month Increase in October, 1855........ $914,376 52 Balance er., bullion and expense account for Assay OffiC@.... ccc ccceceseueseeesee 8,080,576 31 Fine bars received during the month... ,. $1,837,711 97 Total....... + $4,897,287 28 Payments in ootn, + $688,023 98 bad in fine bars... « 2,167,101 48 2,855,195 46 Coin in hand in Assay Me # = “pu, 708 208 Fine bara in Asssy 9002, ballon and fine sil. 1 2 0 ver in Asesy Office......... 1,722, 924,890 80 Totals. .ssesseeececereneres eeeeueer++819/005,107 76 We are informed that the New York and Erie and New York Centra) Railroads have settles their diftculties, aad are about to raise theis rates for the transportation of freight. It is high time they did so. For the last two years they have been carrying freight for less than cost. Tt hos had the effect to swell their gross receipts, but the increased net profits have heen nothing. This is one of the deceptive features cf the New York Central Railroad. The belief is almoat universal that the profits of that road actually increased from year to year up to the time of the consolidation and apparently up to the present day, and must continue to incresse for many years tocome, This iso mistake. New York Central net receipts culminated with the price of the stock about the time of the con- | $10000 Ia State 5's.bi solidation, From that timo to this, the stock bas gradu | 10000 1110 RR be.b60 ally settled down, and the net receipts have not in- | 190%, 0, 80-55-45. creased one dollar, 200 But, lest the statement that the Central’s immense freighting business has been done for nothing, may be attributed to “ Wall street rascality,” we quote a fow paragraphs from the State Engineer’s last report:— SECOND BOARD. 25 Mch So&Nr IaRR 90%; 69 do, bs o The present jation in the railway interest ma; be cbidty raises to the diminiched rates of ‘tres ond ry increased expenditure for operating and enlarging the works. thaprocent iow rates Bom tainaten oplaion hat it 1 present: rat a 0] st it was to show to the public large receipta, to ac- omplish which it was necessary to enter into » compe- ition with rival roads and water lines, which was car- CITY TRADE ee ee ae a ere on aie Ost. 319, 8 statement ex) ‘transportion w iy, . hg published reports exhil a Auuus,—25 bbls. pote were sold at 6%c. a ptr iene Te] net profits of the eet was business, ee eed ence Wien, they | 20d closed at about 12%c bbl. ‘hemes @iscovered the error, from {1 ‘their charges to | footed up about 9,000 a 10,000 bbis. common to cempensating rates, by the fear of public opinion and | State af $8 87% 2 90; $0.0 $0 12 for Indiana; $0 00 « legistative interference. $9 28 for Ohio, and common to low grades extra Michi- Upon any given line of railroad there {s a certain ) &t $8 87 8 $8 94. Canadian was firm, with sales of amount of travel and freight, which would, in sny event, 2600 bbls. at $90 $10, Southern was firm, with be transported by it in preference to the water lines. sales of about tad Beebe th Ty wh In almost every case the capacity of a well equipped | mixed to standard brands, and $9 87 a hori single track road, provided with frequent Pptsing placen and extra . Rye flour was elas 06 00 37 a $7 50, and a telegraph for its exclusive use, would be suflicient | Meal—100 bbls. of Jersey, sold at Hens. for the performance of this legitimate business, which, | .,Wi€aT—The market was firmer, with mote doing. if economically conducted, wo the maximum braced a 00, profit which could be and would in most cases of the ample to assure either an immediate or an early profita- white at bie return for the investment, a $l 9%, To divert from other rosds any of this class of business $1 8 a requires a reduction in the charges, which must neces- The mar- sarily be extended further than merely to that about 2c. a 5c. per bushel. which is diverted, and asthe rate of cost of doing tne business cannot be materially diminished, this reduction A hands re-sales—— that is, pda pepabin polling ent rates to arrive, saled pres inthe charges is taken directly from the net profits, | #24 was resold ats profit on the spot. Corn—The and it Fatal ll requires & yee of baainess m4 embraced about 30,000 a 40,000 bushels, Western mixed yield the same amount of profit as was betore | st 94 3sc. @ 96c. The sa’es_ embraced about ‘any reduction in the charges was made. This reduction | 875,000 bushels, at $1 18 for Jotarior, a 8 19 for fair, a is Sometimes continued until no profit whatever ix re- | $1 22 for good quality. Osta ranged 4bc. a 480. for alized. Btate ; ‘were worth 48¢. a 500. ‘The rival road from which the businessis thus diverted | _ Co¥rEr—Keles were light, and prices unchanged ; 60 will soon reduce its cht 4, for the pury of reclaim- ing its business, and feelings of rivalry will thus be en- gendered, which will continue the competition uatil the rates become so evidently unremunerative that conven- tions must be eld to terminate the controversy and es- tablish equitable prices and conditions. Each gaan 4 will then only be restored to ita original poston, wii the diradvantage of having in the meantime pers the public that the lowest prices were sufficiently remu- nerative. ‘The alieged necessity of showing large receipts still ex- ists, and the attempt to maintain Fr ee divercod from rival roads being abandoned, a competition with the water lines is commenced, for the transportation of the heavy and cheap articles of freight, which can only be maintained by rates nearly or quite as low as those charged upem the lakes, rivers and canals, and too low, ag will presently be shown, to give e fair remuneration to the railroad, If the cost of railroad transportation could be deter- some disinterested bales at steady prices. Liver; —To reported, probabl 1,000 bales of cotton were London—t1,600 boxes cheese were ficur at $1. made at $3 65; halves do. at $1 cents. mata Java sold at 14c. ; 49 do. Maracaibo, lotof St. Brgy ey) p.t, The stock of Rio was roughly estimated at La 5 Corrox—P de waiting recei news by the Baltic. The sales were a 1) 9-82d., 5-16d. and 11-324. For flour Havre—Grain was takon at 25 cents, and California—Rates ranged lc., and a of later foreign Sacheed’ fe aes nts were light, pool—Engageme! ae gta et gece the Baltic’s news. ‘or grain |. & was asl though about 10,000: buabel rio shippers’ bags’ at ‘ppers’ le Ewere 1034d., which afforded no criterion of the market. About 8,000 bbls. all the way: HAy.—The market was easy at 0c. 0 7c... with fale mined with tolerable accuraay,, by ate mee and official a1 ity, it wor en to- sales wards the ci on'of somo of tho most sorious evils to | T8OX.—Ranged at $36 60 a $37 20, for Scotch pig, which allusion bas been made. The sophistry of the argument, that it is ever the true | *!d at $165 per 810 interest of the stockholders to increase receipts by carry- | Wa quiet. ing any portion of the business under cost, is too palpad! to merit discussion. The public will always look with distrust upon the management which maintains so falla- cious a doctrine, Moderate sales were maki cash. Crude whale was ‘was at $1 75. Navat Sromm.—A few handred bbls, . COMMON rosin Were » delivered. Spirits of turpentine O1L.—Whole lots English linseed were nominal at 90c. from wore wt Vc. a 92c., Lard oii was firm at 673,c. ‘700. Thereturns of the railroad tions show continued | _ PRoviioxs~—Pork—The market waa more with large additions every year to the construction account of sales of €00 a 800 bbla., including mess at $22 87 a 6, even our oldest and best built roads. The reported in- | 8nd prime at $21 a $21 25. lew was in fair supply. crease of cost during the past year is chiefly in conse- | Sales of 2008 300 bbls. at $950 a $1 quence of an extension of the double track, a larger rman and station facilities for the accommodat of the increased treight trafic. 2 The increase of the eost of the road on the New York and Erie has been twent; i ect during the last two years, and on the Central it has been more than twenty- five per cent during the rame period. ‘The reported earnings and net earnings of these roads have increased a much r centage than the coat of the road: bove stated, while the reported ex- penses of operating have increased by about the same per centage as the earnings. Cuba 7,958 bhds.; Porto Rico, ‘The freight earnings have increased more than the pas- .; Jamaico, 5 St. érotx, senger earnings; but the av receipts per ton per | hhds.; 23,490 boxes and 190 mesa, do, were dull at $16 a $17. SvGars were inactive. The sales bhds. Cuba muscovado at 6c. a mile have been fexs this year than the preceding one, | 10,787 boxes let November in 1 especially on the Central road, although the rates of —The charges have been increased on both roads. The average | prison at 40% a 413¢ cts, receipts per ton per mile for the Jast year were two and one-half cents on the Erie, and a little more than three cents on the Central, while the avera ear on the latter was nearly three and one- he freight tariff has been nearly alike on each of these roads tor the last two years; it is, therefore, evident that the business of the Erie road embraces a larger portion than that of the Central of those articles which vind the least rates, and that the latter road has been pe enkng a much larger proportion of its business at low rates year than formerly. On comparing the psn receipte, expenses, and business of our three principal fre 1t will be seen th tthe passenger business on the Erie is re- ported as giving a net profit of 47 per cent, with an ave- roge charge of one and seven-tenths ceat per passenger per mile; onthe Central a net profit of Mt per cent, and a charge of one and nine-tenths cent; and on the Northern railroad a net profit of two er cent, with an average ebargo of two and seven-eighths cents per passenger more than 9: lerton’s was for re-pucked Chicago, and $17 for count: nd $12 Fi tor mean a5 tor unt ime, ai a Wad si0 bo % Prime mess was quiet at $20 a $24. Lard was steady, with sales of 200 a 300 bbls. at 114%{c # 12c, and kegs at 1a. Butter and cheese, . 3 Rice.—Sales of 260 casks were made at 5c. @ 5: embraced 6c. about 300 340. ; 100 do Porto Rico in bond at p. t. and 160 boxes at %o.07%¢.. The stock. of hhds. for the Ist November, 1855, foo as follows:—- "9! 408 "do. ; New Orleans, 855 88 do, Total 11,490; ; against 3,919 hdds., enles reached 400.2 500 bbls. Ohio, and NEW YORK CATTLE MARKET. Wennespar, October 24, 1855. The market opened with s very good supply of beef cattle, and full 10¢. were realized for,good cattle, but ater in the day sellers could not obtain more than 9i¢., and the demand was not very good at that price ; thera was not much activity in the market at any time during the day, and sellers were obliged to conform to the scale +f prices offered by the butchers in order to sell ther cattle at all, Mr. Allerton offered about the best lot we saw; for some of which he obtained 103, cents ; were from Jilinois. We hkewise noticed @ lot of cattle, which were fed in Illinois, but they did not sell for cents. The number on sale to-day 812, and for the week, 2,037—the ‘was not 60 good Cbg hyper itd. wearin t quite a large name § 5, Texus to. at Al- per were f mile, and that the freight business on the first is reported | ber would romats onnold bet ns nee willing to self as giving A pe of G1 per cent, withan average | at prices fixed upon by butchers, ‘will pro! ve charge of two and rix-tenths cents per ton per mile; on | pearly, if not quite, all sold, But of today’ the second a ret profit of 48 per cent, with an average charge of three and seven-tenths cents; and on the third 4 net profit of 54 per cent, with an average of two and one-fourth cents per ton per mile, ‘The character of the business, the grades and other cireumstances of there several roads, do not furnish any Other stock remains abor Do. sufficient reason for theee diterepancies. hh "The actual cost of transportation upon railroads will | be faa probably never be actually determined from their re- Aerhe Forts until they have been run a few years with the | “ng SM Calves, extra. construction seconnt closed, and no money bar. ma rowed. ‘The expenses of operating the road, as stated in the re- ports, are about one and # quarter cent per ton per mile on the Erie, and one and six-tenths cent on the Central; but, as before stated, reports do not show accn- rately the cost of this service, More reliable testimony on this subject is afforded by the recent action of the railroad conventions. At the one held at New Yark, em- pie: the officers of the four great lines between the Atlantic and the Weet, a joint report was submitted the superintendents of the several roads, im whish they state that “experience has proven that the lowest rates at which ordinary freight can be carried to pay interest snd expenses will average about two cents per ton per mile for heavy agricaltural products, three cents for groceries, and four cents for dry goods.” At juent convention of the railroad écmpanies of Ohio and indiana, similar rates rere ae Heer 8 ihe above charges a] ines our oO great lines would yield an average of a little less than three cents per ton per mile; and would serve to show that some of the business done on each of these roads does not even pay ‘interest and ex) ?? Sufficient intormation has been elicited from the rail- roads of this and other States from the actions of the conventions, and from other sourees of information, to were from Ohio, but the greater number State ut as usual, with sales of sheep, 30 cows and calves ana sea fwine, ens Beef cattle, extra quality, per 100 Ibs. a good - $10 00» $10 50 - 9 950 gs *eegess * lol oSSB~ warrant the belief that considerable portion of the 282 frelghting Nip bed done Rs <= bes paenes pene no | 980 Pr at the present rates, wi jue allowance is made large receipts for the week have caused a still wr the increase of capital which it juires for the in- creased wear tad Gopeseialion of Goo worka, ond fer, the: |: nanan nakeeraee een oe occupation of the track to the injury of the other busi- x 3 is i ness, The supply of cows and fealves is very limited, and So much for the past. If we look to the future we eee oe mn ain ee shall see, that with the return of the roads to remune- he promag wy Lacing) chevy Pr paso Tg th nd rative prices, and the return of prices of produce to their bd nen be h as intial Quite og eg were old standard, (the latter soon to come round) freights o4 ws watil their will seek thelr natural channei—the Frie cauel—ape- | Tater by Motrew & Smith, at Browsing’ eee cially when enlarged; that the loeal business, by reason | 110 lambeS348 5 74 sheep and lambs$Z11 00 of the comation of increase of population—in some coun: | §} a i : 6 50 ties along the line an actual decrease—has alss reached | 59 ‘oe oH | its limit; but, most important of all, the competition of } 105 + 400 31 . : 42 00 the great Southern route, to be opened within eighteen in . = 3 337 3 months, with an unbroken gauge from New York to the | "45 * Tho 00 me | Mississippi river, by way of the Jersey Central, Pennsy!l- 0 - 960 F 6 oe vania, Mahoning Valley, &c., through Cleveland. and os : we a bt 4 Chicago, one hundred miles shorter than by the Central | 119 + Sa eae Cbadin: 4 route, mast deduct a very large amount of through buai- $6,171 1 ness from the Central road. A glance at the map is head... 45:47 enough to satisfy any one on this point. Western travel 4 Sold by is not going one hundred miles out of its way to scoom- from modate the New York Central ratlroad, Sold by Baldwin & in few Yo by i memorandum of ‘and lambs $300 09 do. 378 00 do 60 00 6000 do 203 58 5000 do. 60 08 3000 do. 102 26 13000 do 200 18 6000 do. 163 25 5000 do. 1186 50 1000 do. . 171 00 5000 40... 22... 42 00 2000 ‘i $6,733 63 65000 head: ...93 40 41000 Chamberiain’s included 840 cattle at $8 a 5000 rr ar cnitent alee Cie cules == cm 8 660 00; 94 veal calves (live weight,» aoa 1100 The sales at O'Brien's were 28 follows:-022 baeves, 15 Bk 800 sie eee 10 Hi 100 500 87, / 20 100 % nON, ry 50 Cowsand Veal Sheep and 20 700 Caloes, Calves. Lambe, 100 { 20 30 250 2,000 100 10 wu 63 none 150 no ” oe 7,092 100 50 oo a7 = 160 100 — — — » 190 208 ra 16,298