THE CONINGHAM DIVORCE CASE.

Otago Daily Times, Issue 11917, 15 December 1900, Page 2

THE CONINGHAM DIVORCE CASE.

CARDINAL MORAN AS A WITNESS. EVIDENCE FOR PETITIONER CONTINUED. The divorce case Coningham v. Coningham, in which the co-respondent is the Rev. Dr Denis Francis O'Haran, was resumed at Sydney on.the sth inst.. before Mr Justice G.B. Simpson and a special jury of 12. The crowd which gathered in front of the Supreme Court was as great as ever, and all available space in the court room allotted lo the public was taxed to the utmost. Again complaints were made of interference by the crowds in the street. The respondent corrected a statement she had made with reference to the lane between the cathedral and the Cardinal's Hall, explaining that she had misunderstood the entrance which Mr Want was referring to. Cross-examined by Mr Want, she said she did not give her husband all the dates he had asked about. She gave him some. The respondent, further cross-examined as to her life in Brisbane, said that it was not true that while she was living in Brisbane during her husband's absence in' England some of the gentlemen whose names had been handed to her on the previous day were in the habit of going in and put all night. Mrs Bone lived with witness's mother while the petitioner was in England, but the gentlemen mentioned had never come in at all times of the day or night. Mr Justice Simpson: Did any man?— No. No man ever visited me, your Honor. The respondent then stated that she had assisted in the production of a passion play at the Cardinal's Hall during the Australian Fair, but had not taken any part in the game of living chess. Mr Want: Now, I ask you again, don't you know that the room in which the ladies lobe at the cathedral leads directly to the Cardinal's Hall by a large door?— Yes; I told you that yesterday. Mr Justice Simpson: That is where they robe for the processions?— Yes, your Honor. Had the co-respondent his vestments on on tho occasions you mentioned?— No. Had he any surplice on on any of the occasions you have spoken of?— No. JEr Want: Was thei co-respondent not with the Cardinal from beginning to end?— No. Is it not a fact that instead of his having an aversion to the child Vincent, he was paying more attention to it than to the other?— Certainly not. Did he nurse the child: No reply. After some further evidence as to the service at the cathedral, Mr Justice Simpson asked: "On tho second occasion to which you referred yesterday was the co-respondent back in time to robe the Cardinal? Witness: Yes. You parted, you said, and where did you go?—To see the procession. Where were you when the procession started? —At the door of the College street entrance. How long were you at the door before the procession commenced?— About a quarter of an hour. Was there time for Dr O'Haran to robe the Cardinal?— Yes. Did you see the Cardinal robed that night?— No. I did not. This completed the cross-examination of the respondent, who was then re-examined by the petitioner. She slated that sho had been introduced to Cardinal Moran and Mr T. M. Slattery by the co-respondent. She called on Dr O'Haran during her husband's absence in Queensland with reference to haying the baby christened. Since the petition had been served she had not spoken to the co-respon-dent personally, but had had a conversation with him through the telephone about a week after receiving the petition. The Petitioner: What was the conversation? ,-I told him I had received something from my husband. He replied, " What is it?" I answered, " Can't you guesf—a petition," and he merely exclaimed " Oh." Mr Justice Simpson : Was that all that took place?—l said, " I must see you; let me know when I can see you." He replied, "No, I. will first see counsel," and he asked me to send him mv address. I replied, " Very, well." That was all that took place. Further questioned as to the petitioner's visits to Mrs Bray's, at Park road, Moore Park, the respondent said the petitioner came to see Arthur, his son. In the room there were two small beds put together as one, and a three-quarter bedstead. Her husband slept in the three-quarter bed with the boy Arthur, and she and the two other children slept .in the other bed. During her illness at Stanmore. Dr Chenhall attended her, as well hb Dr Marshall. She took, medicine to fry and prevent her threatened illness before Dr Marshall was called in. The Respondent (continuing) said that Father Fauhy knew of her condition some 11 years ago in Brisbane. He refused to marry her to a man whose name was marked on a piece of paper. The Petitioner: Why did Father Fauhv .refuse to marry you? * : Mr Justice Simpson: You can't ask that. The Respondent (continuing) said that when she first kept company with the man referred to in Brisbane ehe was 16 years of age, and had just left the convent school at Plymouth. She was then living with her sister. She had never from the birth of her child in 1887 till her marriage been guilty of any misconduct. She was never away from her mother's home during 1892. Her mother did not allow nyoue to visit her except (he petitioner. She never had a conversation with Mrs Cox regarding a certain event. In reply to Mr Want, the Respondent said that she did not find (lie telephone suddenly rung off while she was speaking to tlm eoresoondenf. She rang the instrument off herself. Notiocly was with her at the telephone while she was speaking to the co-respondonl. After the telephone conversation she wrote one letter to Dr O'Haran. She did not know whether her husband also wrote to the corespondent, but she heard him say he would do so. She knew a man named Exton. with whom her husband now lived. She believed Exton called at her lodgings two mornings, but slio did not Bee him. She gave orders three days ago she would see no one. . The respondent was then allowed to leave the witness-box. The Petitioner informed the court that he, had repeatedly tried lo serve a. subpn'iia on a cerlain female witness, but had not succeeded. The names O r James Langton and Mi«s Hennessy were called without eliciting any response. Cardinal Moran was also called, but without response. Mr Justice Simpson said: Tf Cardinal Moran has been, subpoenaed, and does not attend, I sha^l send a warrant for'his apprehension, and I will not hesitate for a minute. That information may be conveyed to him by some of his friends, or it may not. If a subpo?na has been served'in a proper way, and he is likely to give material evidence, I will issue a warrant for his apprehension. Other witnesses were nailed, but did not. reply to tlieir name?. Mr Want explained that, the witnews had been sent for. and the judge remarked that if their explanations were not satisfactory steps would be taken to punish them. Eliza Hennessy, an attendant at the. Cathedral, then entered the box. She declared that she had never seen respondent before, and was for a. time doubtful as to having ecr.n ; petitioner. She was sure she never saw the ,' resocmdnnl in company with Dr O'Haran or ' Father Cregan. She had never had anything to do with the removal of a couch from the, waiting room lo the office, or vice versa, but she mended a blind in the office with Laneton two voars a<ro. Neither the co-respondent nor Father Cregan had spoken to her about ' the case, but Langton bad asked her if she ; had got a subpoena. There was a couch in Dr O'Haran's private office and also in the waiting room. Witness had frequently seen ladies go into the office with nrio?ts between 7 and 9 o'clock at night, but had never seen the respondent there. Both conches wero changed about two years ago. and the window blinds were repaired about the same time. She was on duty at the presbytery from 6 in the morninz to lmlf-past 10 at night, but was occasionally absent at church, at confession, and at oth»r times. Friday night was a busy time at (he cathedrnl. The Petitioner asked Hint the evidence of the witness should not be published in the meantime, but Mr Justice Simpson refused to make an order.

c j Cross-examined, Witness said that she had .. never seen anything wrong about the eathe- [_ dral, and lliero was nothing unusual in seeing ladies about the offices. The couch in Dr ' O'Haran's room was used by other priests as :• well. It could not be used as a couch, as -, books were always piled upon it. She had j never seen the couch when it was not covered T with books. 1 Cardinal Moran then entered the witness ' box. He explained that the reason he was not ') present when liis name was called was that ho received a letter on Monday morning s stating- that lie would not lie required. That was from Mr Moss, a solicitor in the case, but 1 that morning he had received a note from the s petitioner staling that lie wanted him as a 1 witness. He had no notion of treating the r court with disrespect, and begged to apoloe BisoWitness wns examined by the petitioner. f He said that Dr O'Harnn was administrator 5 and master of ceremonies at the cathedral, f If lie were absent after half-past 7 witness t would notice it. The Bishop has his own t duties to attend to, and it would be impossible for Dr O'Haran to be absent without the Bishop noticing the irregularity. He could not bo absent without witness seeing that , there was something going wrong. Dr I OTlnran had never made an excuse about being ill. As a matter of fact, he had never been absent for a single day. Mr Justice Simpson: Is it possible for the master of ceremonies to be absent till ten minutes to 8 o'clock?— Yes. as regards the matter of the procession, but not as regards vespers. The Petitioner: During vespers what part does Dr O'Haran take?—He is generally seated at my side. It is quite impossible, is it not, for him to be absent at times?—l do not remember a single instance. I cannot speak of possibility, ■ but during two years I do not remember a . ; single case. I i During vespers is the co-respnndent always ' under your observation?— Not always. He is backwards and forwards. ■ Mr Justice Simpson: Ts this correct?—l i do not remember during the last two years a i single instance of his being absent from my : side during vespers. I Cardinal Moran: I said, "He takes his place at my side: then lie is backwards and forwards to perform different ceremonies during vespers and during the procession." He has a number of duties to perform during ' vespers and during the procession. Co-re-spondent had continued his duties up to the present time. Thanks be to God, he had ; never introduced Mrs Coningham to witness. Witness had never seen her." The respondent then stepped forward, and Cardinal Moran said that she had never been introduced to him. Thousands of ladies were introduced to him on occasions, but he was certain the respondent had not been introduced to him on any special occasion. , The Petitioner: You don't remember the respondent's name in connection with the Passion Play?—l do not. I Have you ever seen the co-respondent with ty respondent.?—l tell you I have not. I don't remember him telling mo lie was ill on one Friday. He did not say so. . Have you ever had complaints of the corespondent's r.ptions?—l have had no complaints of immorality. I did not say that.—l say I have had no complaints. Has (he co-respondent sole charge of the presbytery?—As administrator he lias charge, but there are assistants and other priests. Are there any nights when the- presbytery isn't lnipy? Don't priests go out?— They have always duties to perform, sick calls, and so on. They are generally in fit 9 o'clock. Don't people frequently call there?— They do up till 3or 10 o'clock at night. Sometime:; they have to lie turned out. Cross-examined by Mr Watt.—Dr O'Haran has been under my observance for 16 years, and T have had no complaints as to immorality or anything of the kind during the . whole of that time. Mr Want: You generally conduct the services on the first Sunday of'the month?— Yes. I was absent but twice. I Can you fix JuH' 3. 1898?— I can. I have a reason to remember it. Dr O'Haran leaves your side when you send him?— Yes, I don't remember him over i being absent from his post. I He lias to be present when vestments are being handed to you?—He is generally present. He may be attending to the procession. It w.is almost impossible for Dr O'Haran to be absent from marshalling the procession. I can say he has never been absent while I have been there. The witness further stated that the Cardinal's Hall opened into the schoolroom, and wns lisrhled up only on procession night?. Patrick Lanaton. sacristan at the cathedral, proved a somewhat amusing witness. He said he had twice taken a message from the respondent to the co-ivsiiondent in the presbytery. Sic told him that it was her bench rent (pew rent) on the first occasion, and on the second occasion she went to witness at the back of the high altar and said that she had come t« see Dr O'Hnran. but found that he had gone to a funeral. R] lo asked what time he would return, and witness said ho did not know to what cemetery the fnnernl wns going. She said she would wait. Slie came back amout half-past 5 o'clock, and asked rr.B to go down with the message to Dr O'Harnn. I saul I did not care to so. Mr Justice Simpson : What happened then? —She said. "It k more in his own way than in mine. I want h>m to try and Ftop this." I said, "And could he do that?" She soid. " I don't know, and I don't know how I will ' The Petitioner: What did yon say?— Well, that settled that. ; Did you lake t'"e message?—l did. i What message did you give; did you go to the presbvtery?—Ye". Wlinl did you say?—l soid Mrs Coningham was in the church and wanted to sen "what did he say ?—He said. " Toll Mrs Coninjrhnm I will not see her." He aUo snid something about it—not even for the sake of the church could he see her. How long ago is Hint?—lt i« between a month and six week? a?o. Have you been a particular friend of Mrs Coningham?—No. Before I was snbpce'iacd ' T heard something about the ease from the respondent. Did she tell you exactly what the case was? —No ; she said she thought you were going to have a case against her. Mr Justice Simpson: What did she say?— ] Well, she came into the church. I was lock- i ing up at the. time, and she asked me if I ' heard anything about herself and Dr O'Haran, ; and T said " No." " Did you ever take any notice," she. said. I said "No. what notice [ would I take of you any more than anyone j else coming to church." "Do yon remember the night." she said. " that, you took me out ( of the church, and brought me in through the sr.eristy?" "We met Dr O'Haran." she says, ■" at the door outside, and Dr O'Haran sa'id, 'That will do, Mr Lanorton, I'll look ' after Mrs Ooniiipham.' He took me round ' by the femhoupe, and out by the gable end of the church, and took me down some steps," she says, "and brought me into the hall, and ' we were intimate there that night." she says. ' —(daughter.) "What!" says I.—(Renewed J laughter.) "Yes, we did." says she. "Well, j if I. knew that." says I, " T'd be Protestant' in ' the morning."—(Loud laughter.) " What re- ; lig-ion would we have then?" says I. "We ' would have the Salvationists," says she, and • that finished her. ' ' Mr Justice Simpson: And did you become Protestant in the- mornine?—No, not yet, ,' your Honor.—(Laughter.) It never happened that T took her through the sacristy. J The Petitioner: Do you mean to tell me i that the lady spoke to you like that?—l do. Witness, in the course of further evidence, said that he had never given up the keys of ; the sacristy to Dr o'Hariin. On the ni<*ht ', of the concert at the cathedral the respondent ■ spoke to him, and asked if he could remember all about " t'iat business." She. asked if ho hud seen hei and Dr O'Harau going , round by the gable end of the church, and he .. replied that he had not. Alterations wero \ marie three or four months ngn to tlie gable ; end and the fernhousc. and there was no wav i round to the Cardinal's Hall till the altoraiions were effected. Before that the fern- , house came within a few feet of the gable , end. and was boardod up. He could not say i if alterations had been made when the re- , ■spondent spoke to him. Only once bad lie , known Dr O'fJaran to be ab?<uit on proce=sion night, and that was when the Cardinal was j; away. He had never snven up the key of ' r the fe.rnliouse to Dr O'Haran. nor had Dr O'Harun ever a=ked for it. Ho had never < noticed any familiarity between Dr O'Haran t and the respondent. The. court then adjourned till the following „ day. ' ■:

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