The native American., 1838-06-16
IMPORTANT DECISION
Before his Honor,
Judge Randall.
William Adams and AL
fred G.. Bird.

vs.. Before his Honor
William an, Adams = R;,a and Al Judge Randall.
This was charge, on tile oath Of John MAJ
seed, that the defendants had conspired to dstur
divine service in the Fourth Presbyterian Churcl
| of Philadelphia. The Alderman before whom
the charge had been made, required the defen
dants to give security for their appearance at thu
Criminal Court. This they refused to do, persist
ing that they had committed no act for which they
should be called upon to answer, and that what
ever improper or criminal had taken place, was
caused by those who brought the prosecution
The defendants thus refusing TO enter bail, the
magistrate made out their commitment. A "Ha-
beas Corpus" was then issued, and the whole
subject underwent an investigation before his
honor, Judge Randall, who, on Saturday last, de.
livered his opinion, that there was no evidence
that the defendants had committed the offence al
lodged in the commitment, and they were accor-
dinghy discharged.
The only witness called in behalf of the defen-
dants was the Rev. VIM. l.. McCalla, the pastor
of the church, and his testimony presents full
statement of the case, and discloses series ol
occurrences not usual, we hope, in any Christian
congregation. Sometime last November, the con-
gregation, at an election held in pursuance to
their charter, elected William H. Adams Zone of
the defendants) clerk: the Board of Trustees sub
sequently authorized Mr.. Adams to call in the
services of Mr. Bird, (the other defendant) to as
him. The selection, by the congregation, of Mr..
Adams, was contrary to the wishes OF the pastor,
who desired the election OF another individual.
Being thus disappointed by the congregation, he
determined to be even with them-and as they
would not choose his singer, lie made up his mind
that they should have no singing. Accordingly
from last November until the fifteenth of April,
when the alleged conspiracy occurred, with one
or two exceptions) there has been no singing on
the Sabbath by that congregation. On the latter
day Mr.. McCalla changed his plan Of proceeding,
and gave out hymn to be sung, having previously
made his arrangements SO that the clerks and the
great body Of his people should be prevented
from joining in the service.
From the formation of the congregation, they
have used Watts Psalms and Hymns, and when
Mr.. McCalla was called to the pastoral care Of
that church, he expressed his satisfaction with
the selection, and desired that it might be con-
tinued. On this day, however, without having
informed the congregation Of his intended change,
and without naming any book, he gave out from
DR.. Alexander's Selection, hymn No. l25, and
without reading the hymn, or any part Of it, as
is usual, he Immediately commenced singing, moi
the hymn he had giuen o,lt, but No. 26l. He
was Joined by the people in .fUe pe,os, to whom
he had previously given copies Of the book; when
the Hymn No. l25 was given out by the pastor,
the clerks and part Of the congregation turned to
hymn No. l25 in Watts Selection, and sang it.
This was, however, different hymn, and oi
different metre from that sung by Mr.. McCalla
considerable discord was produced. The pastol
then commenced praying, but the singing was
continued. He then dismissed the congregation,
but the clerks continued singing until they finished
the hymn. Not the least remarkable of these
singslar occurrences, is, that the pastor should
give out hymn No. l25, and yet sing hymn No.
26l.
To those persons whom he had given the new
books, he had also given strips ofpapcr, contain
ing two rows of numbers, with instructions that
,chen he gaze ont the number that acas in one
ro,D they aoere not to look for that hymn, but
for The hymn The number Of ,otich cas opposite
on the other roan; thus, when he gaze out hymn
No. l25, those acho acre in the secret understood
fhat they accre to sing No. 26l. As might have
been expected, when this evidence was repeated
by the Judge, before crowded court, it gave
rise to considerable merriment, and it is to be
hoped that no similar scene will ever be disclosed
in court of justce.-U. s. Gazette.
CLAIMS ON THE IND1ANs.-A very serious diff