The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-05-31
Methodist Church Case in New York
SECOND DAY,

U. s. CIRCUIT Court = Judges Nslson and
Belts. Henry B. Basconl and others vs.
George Lane and others.
| This important case was resumed at ten o'clock
this morning Mr.. Lord continued reading ex.
tracts from the Book of Proofs at pages Ga. g. "a
"a, 70, and also from the Debates OF the General
Conference of 1874, pages 22, 90 and "a He also
read the laws of Maryland, prohibiting the manu-.
mission OF slaves within that State and referred to
the written opinions of Judge Key and the Hon.
Mr. Merrlck, on the case of the Rev. Francis A.
Harding which were presented to the Baltimore
Conference which suspended that minister.
| The hev. Dr. Smith, at the request of Mr. Lord,
read the protest OF the minority of the General
Conference against the action Of the majority in
relation to Bishop Andrew.
| Mr.. Lord then read letter from the late Bishon
Bascom, the author of the protest, explaining some
portions OF that document which had been mis-
| construed.
Mr.. Wood, for the defendants, asked that thew
ght mere be permitted to read the reply to the pro-
test, and the counsel for the complainants maxine
no objection It was, with the assent of the Court
/ read by the Rev. DR.. Peck
are no no points upon which the complainants relv
/. fRlows w
Book Concern tal arising from the profits of the
and services of all tie result of the common labors
ences 1t was not chafhers of all the confer
donations. 1t was fund Of earund merely from
the deficiency of compensation for make up
dered, and to provide for those who earn> rem
when they became incapable of labor and for those
who were dependent on them.
2. 1t was distributed by the annual conferences,
but belonged in actual right to the beneiciaries,
and such was, and is, protected by the sixth
restrictive rule.
g. The title of the benefciaries at the time i'm.
mediately before the separation Of the Church into
two parts was perfect, and it cannot be defeated
or forfeited without clear proof Of breach of con
: dton by the benefciaries.
4. Even if a breach of condition by the annua
conferences by whom the fund was to be distrib
utsd could forfeit, there has been forfeiture be
cause the General Conference Of lS44 had thu
power to consent to an amicable division of tn
conferences grave causes touching the genera
/, efficiency of the Church.
5. The General Conference of 1874 did in fac
| and on proper ground, consent to such division I
take effect Immediately, in the choice Of the South
. ern Conferences, and without any condition.
> 6. The General Conference of the Church Sout
!, was duly and properly organized according to tn
plan Of separation and is in every respect as PROF
erly General Conference within its limits tn
| General Conference Of the Church North.
7. The benefcares of the fund in question
- therefore, who belong to the Southern Conference
- did not by the new organization lose any right
~ ~, nor were they disqualified in any manner fro
y claiming their share of the fund; and such cla
y, is appropriately made, through the General 20
~ ference South, which succeeds to the place OF Il
, ns prior General Conference Of the whole church.
NO g. An account should, therefore, be ordered
VS. the proportions Of the profits Of the Book Concer
of according to the numbers in the minutes Of ls4
az. and at the same ratio of the profits since. Ais
ID the capital of the fund should be decreed to be
vded in the same way, and paid over to the col
bt missioners South new trustees, or to proI
re- trustees to be appointed by the Court The prot
in Of the past are to be subject to directions of
he General Conference South whether the fund
nm. main with the present trustees, or to be paid o
on to new trustees.
hat There is such mass of documentary evidel
A. to be read in this case that it will probably occ,
oot the greater part Of the week. No speeches
e.d yet been made by the counsel on either side
! of cept the opening address by Mr.. Lord, and
nat there is no jury, there will be very little room
eloquence. The courtroom, however, contin
,,a to be crowded with spectators.
hev. THIRD DAY.
hip. At the opening Of the Court this morning,
Choate referred to the passages in the Book
ma Proof which he should read from for the defe
hich and the argument for compliments was then c
Al in menced by Mr.. Lord. He said:
,ugh There is a starting point in this controversy
What which we all agreed, and that is that, INN
sse atey prior to the separation, all the superannu
Will and worn-out preachers, their widows orph
cede etc., were entitled to participate in the prof
,oods this Book Concern. 1t may be said that the