The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-21
The Tying Trial-An Interesting Case.

The New York correspondent of the Phila.
delphia Ledger writing under date OF Saturday
last says:
The very positive, announcement, by the
steamer Palmyra, at this port to-day, that the
Bishop of Oxford has openly gone over to the
Roman Catholic Church, is making great
breeze among the Episcopalians- some o1
whom are unwilling to credit it. The author
ity for the statement, you will observe is pri-
vate letter, said to have been written by the
Bishop himself, 10 friend in Cork. So posi-
tive are some OF the Roman Catholic clergy
here Of the truth OF the story, that am In
formed they will refer to it in their pulpits to-
morrow.
This incident imparts new interest to the
contest going on in this diocese of the Episco-
psl Church, between the so-called "Oxford'
party, and the Evangelical churchmen, as de-
veloped in the Tying trial.
The courtroom this morning Fourth day.,
was throngcd to excess, and many persons, OF
both sexes, as on yesterday, had to 20 away,
unable TO obtain sitting or standing room.
Most of the forenoon was occupied by MIR. Nash,
counsel for the prosecution.
In summing up the case, he contended that
the charges against the respondent had been
fully proved. Even his own witnesses had con-
6rmed the fact that an intrusion had taken
place. and that, too, against the express p:o-
test of the incumbents of both churches. The
words OF the Saviour, upon which counsel for
the other side had laid so much stress, "Preach
the Gospel to every creature, was net given to
every man, but to Christ's chosen witnesses,
who had been with him, and saw oil he did.
The command was given to them; and, by con-
sequence to their successors-but to none
others. That command, therefore, was to be
interpreted in o limited sense.
The learned gentleman, then at great
length, went into an elaborate exposition OF
the canon law, and defined what was meant by
parish limitations. The whole teld of canons,
be said, were all in harmony, and one could
not be disturbed without marring the whole.
In conclusion, Mr.. Nash said, if it were de-
sirable to procure modification OF the canons
so as to allow of the larger liberty for which
the respondent was craving, the legitimate
way would be to send delegates to the General
Convention, to show the reasons for that
change, leaving the result with that body.
Courtlandt Parker, Esq, OF New Jersey, fo!-
lowed for the defence. He contended that Mr.
Tying had done nothing deserving OF censure.
He had only preached the Gospel. His only
crime was that he had not the consent Of the
Rev. DR.. Stubbs or the Rev. DR.. Boggs-two
gentlemen who had committed great ecclesi-
astical blunder. If these reverend gentlemen
had assisted, instead Of opposing. MIR. Tying,
possibly the whole Of that Methodist congre-
CATION in New Brunswick would have been
brought into what they considered the true
fold
This was the first time that q clergyman had
ever been put on trial for violation OF the
canon in question. The canon, however, was
not violated if it was correctly interpreted.
The fact is, the canon was made IN order 70
prevent persons encroachlng on the limited
salaries of clergymen and any Interpretation
differing from that would stultify the Church
The gospel should be preached everywhere
and no one could OF should prohibit it.
Various precedents were quoted and authorl
ties referred to to maintain the position thai
the respondent had done nothing calling fol
ecclesiastical censure. The following is uer'
botim:
sDoes a minister violate canon if be
breaches, or lectures, or prays before q pool
sufferer in railroad car, or in an almshouse, Q
ceedings are always opened with prayer, or ir
his (counsels) own family? And will 1t be con
tended that every time q minister reads prayer
in New Brunswick he must get the permission
of Messrs. Stubs and Boggs? GGreat laugh
teri Why, certainly not. And in that case be
had better pray extemporaneously. Laugh.
ter
Counsel also put the case in this light:
Suppose brother to be sick in New Bruins
/ wick. and you are asked to 90 and see him
must YOU run all over the city to find Stubbs ant
Boggs? [Great laughter.]
COUNSEL don't wonder at the laughter.
Tta President-Nor either, sir, but would
like little order.
Counsellor suppose you have Methodist
sister about to be married, and you are asked
to oficiate, must you run all over to find Stubbs
and Boggs? [Laughter.] The whole thing il
absurd.
MIR. Parker occupied the fsor for moIe thai
two hours, and. like Mr.. Nash, who preceded
him, enlisted the unbroken attention OF tn.
auditory. The court then adjourned unit
Tuesday morning last.