In the report of that case the plaintiff's counsel informed the court that Mr. Justice Buller had recently tried on circuit a case ("R v. Sparkes") and that the prisoner, in that case, was a "papist" and that it came out at the trial that he had made a confession of his capital crime to a protestant clergyman. This confession had been received in evidence by the judge and the prisoner was convicted and executed. The Catholic Encyclopedia contends that it is "obvious" that neither of the parties could have regarded the confession as sacramental. Lord Kenyon said that he would have paused before admitting such evidence, adding