The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-12

SECOND Day. Precesdins..'

~~~~~~~~~~>~~~~~--~-~-~-~
Second Days ProceedinGs.'
The ecclesiastical court convened try Rev. Stephen
II. Tyng Jr, for preaching in Methodist church in
New Jersey in alleged violation Of Of the canons OF
the Episcopal Church resumed its sitting o'clock
yesterday morning, at the chapel Of ST. Peters church,
West Twentieth street. Accused and his counsel and
the prosecutor and his counsel promptly in attend
snce Of the members OF the court and so WAS
Q largo crowd, comprising many ladies, who showed
great interest In the proceedings
Dr. Beach, President OF the COURT announced on tho
opening of the court that the letter sought DO offered
evidence on Monday could not be received.
Rev. Dr. Stubs, the presenter, or, In other words,
the complainant In the case placed the witnoss
stand. About 1870 he installed rector OF Christ
church, in New Brunswick N. j. and had been rector
there from that time to the present. during last July
he was several times Of Princeton; he wrote the letter
served by the sexton, Mr. Howell upon the respondent
in Trinity church rectory Primo eton; no believed he
prepared two copies of that letter. OF which ne gave
to Mr.. Howell and the other retained He identified the
letter shown one Of the copies OF this letter. which
letter was hereupon received evidence and read
PRINCETON, July H. 1867.
The Rev. STEPHEN II. TYING. Jr,:
ng BY the Rev Edwsrd BGgs p D. a9m aS f. seen s
would daaIass sunday next New fors
Bishop e The diocese BE s 10 Nc % T0a
a the 20
y dssITs % H prsssTvs say
OF the Church and promote concord among brethren
''A'A"' 0S'' 90 '''' '"'''' ALFRED f. STUBS
To give moro Authenticity to the letter the certificate
OF the sexton was endorsed on IL as follows
New BRUNSWICK, July Ia 1867.
hereby certify tina. BY drseoa q The rector Dr. s1p lbs
saw copy of the letter above written delivered Into the
ROBERT HOWELL, sexton.
Witness resumng-There were two servces-one at
at half past ten NJ and one at haf-past four r NJ
in Christ church Sunday, July IA, 1867 Rev. Alfred
b. Baker Of Trinity church, Princeton ohcated thero
Episcopal church IN New Brunswick, ST. John
the Evang list under the pastoral care Of the Rev. Dr.
Boggs; tits free church, and was originally chapel
stated he was famer with the canons OF the Epis
copA Church, he made out as far as practicable, List
OF adult persons in his care.
O. Why did you not include in that list those persons
who attended St. James' Methodist church !?
Mr.. Nash. counsel for the presenter, objected
Mr.. Fullerton, counsel for Mr. Tying, who was con-
Quoting the examination, stated that the object of
the question show that according 10 tho practice
Of Dr. stubbs and according to the proper n'erprea,
church not within the euro OF DR.. Slubbs and con-
sequeny that there had been violation Of any canon
BY Mr. lying. Applause which the court tried ~ VAN
O. DO you know OF your own knowledge whether per-
mission was given by DR. Boggs TO tho Rev MT. Baker
to preach in Christ church, New Brunswick while Dir.
Tyns was preaching in 3d. Jamcs church, A. know
permission deuled HIM
Mr. Fullerton That is not an answer to my question
The question was repeated. A. know he had .acit
permission. iIaughter)
MIR Fulerton-ihat is no answer TO my question; ana
he repeated the question kgain. A. heard no verbal
permission gwen.
MI. Fullorton-Now you are coming to the point
ask you now do you know OF any written permission
being gwen 7 A. do not.
Mr. Fulerton-Then il you do not know OF any writ
ten Or yerba! permission being Eyen then now 40 you
canon given to Rev. Mi. Baker to preach In Christ
church July II, 1857. at the same Time W. lying vas
preaching In It James church 7 A. don't know
Mr. Nash insisted that both the question and answer
Irrelevant.
Mr. Fullerton urged tina. the object OF the question
to show Rev. Dr. Stubbs and Rev. DR.. Boags,
and nearly every minister OF the Church. had violated
the canon which III was aegedtRev MT Tying had vio-'
that they had done right and he hoped that when this
court and themselves had passed away from earth
would BIO continued, and that tho ministers OF Jesus
Christ would continue to go and preach the gospel
Mr. Tracy also Of counsel for Mr. Tying urged the ad
instability OF the question and answer, and after him
Mr.. Parker associate counsel continued the argument.
Mr.. Nash made . rebuttng speech, reading from the
Diocesan law In support OF his counter argument.
The President OF the here declared that they
had heard argument enough TO enable Them TO decide
the question before them
Ir. Fullerton said he wished to show that the canon
in question was adopted England centuries ago. and
parishes from any participation in the hes but
intended to debar them from preaching within
After some fifteen minutes consultation, during which
an intermpgng buzz Of masculine and feminine voices
filled room, suggestive OF the intermediate hum or
human voices in theatre between tho acts, the court
announced their decision not 10 receive the question and
answer In evidence Inc basis Of The decision was that
their individual practiccs and that usage was no inter-
probation OF a canon.
Mr. Fullerton stated that he proposed to prove that
the following clergymon:-Rev. Messrs. Franklin,
Baker, HOLMAN, Tying, Goldsboro, Appleton and the
Right Rev. Bishop Southgatc-had preached and Oil.
iuaa af
the city OF New Brunswick without first having OBJ
aned tho express permission required BY The canon for
Mr. Mort objected the offering of such proofs
ground that the acs OF the cergy named were
competent proof Of any general usags ana are rreie
the acts CHARGED IN the proscDtMcnt
Tho President OF the court maintained the objection
under their previous ruling.
Mr. Fullerton now offered to prove that on numerous
occasions since the establishment OF the Episcopal
church in New Brunswick DIR. Stubs, the presenter
complainant had invited nonresident ministers 10 on
cate Christ church, Of which no - the rector with.
having first received the required express permis
sion for that purpose. Dr. Boggs had also done the
Same thing, and II was the genera! usage.
Counsel for the prosecution admitted the usage.
Witness, resumng-Dr Bogss nrst told him Of Mr.
wrote tho letter very early Sunday morning and tho
mistake the date nady cr,ent; he had me, before
this time Rev. Nr. Tyrg in New York, and lad very
pleasant conversation with him. I.aughter.l
Mr. Nash offered in evidence the following letters,
and stated that tue peseniers here closed their case
The Right Rev. wu. IT, oDESBER, ID. D., Bishop OF the
Diocese Of New Jsrscy
RicIr fs.y AND DIAN BIsnop-wc think It duty "a
inform OF violation OF tho laws OF the church which
occurred IN this city on Sunday last tho fourth sunday
after Lent.
ssy sspPsa rypg r Of the dSss, Of New
dist house OF worship known James church without
permission aud against STRANGE intrudng within
our parochis cure and celebrating divine service
the Church presclibes thereby violating canon
twelve, section ak, twenty, title one Of the
Digest, subiectlng himself 20 the penalty for mis-.
dcmeanor under canon three, tito twenty.
We fear that tins offence be ieproved u may be
pcaed 10 the great injury the church In this place. and
therefore lay the before you that you may
such action Ia the a. IA judgment may best pro-
the interests Of the Church.
ALFRED u. srUBBS. Rector OF Christ hurch
EDWARD 10. BoGGs Rector OF he Church OF St John
the Evangelist.
5. '. HOFFMAN. Senior Warden of Christ church.
To EccIrst.srctL Authority or Diocese or NV
IoEk;--
III obedience 70 paragraph Of three, title two
Of tho Digest HEREBY notice that the Rev. stephen IA.
Tyng Jr belonging TO the diocese OF New York. has
Quoted hmself In such the rules II
the troessnt tisc3pt Church. With this exhibit exhibit
the letters appended and marked aud H. conalnin
reasonable ground for presuming its correctness.