Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-07-28
CHICAGO.
Church TroubIes I'm Court.


CHICAGO, July 27.-At 10 o'clock thI
morning the court room was crowded Il
hear arguments on the motion to dissolve
the Injunction lately issued by Judg'
Jamison, to arrest proceedings In th'
Ecelesiastical Court, convened for trying
Rev. G. L. Cheney. s. Corning Judd aDd
w. c. GoWdy appeared for the Ecelesiss
teal court, and Messrs. Fuller, Rich and
Thompson for Mr.. Cheney.
Mr.. Fuller on behalf of the complainant
made q motion for continuance of the case
until q future day, and based his motion
on the ground that the answer Of respond
ents had not been fled until yesterday
afternoon, and that the answer was accom-
panied by an affidavit of Bishop White
house, all of which on such short notice
the complainant had not had time to meet.
Mr. Fuller read his own stfidavit setting
cut the above facts, and that the ailega-
items contained in the answer OF Rev. Dr.
Chase and other respondents, In some re-
specls, we're untrue. That, II time was
given him, witnesses could be produced
by whom it could be proved that one ofth
defendants who is one of the assessors in
the ecclesiastical trial, had expressed an
opinion as to the guilt of MIR. Cheney
which allegation was denied in the answer
of respondent filed yesterday.
MIR. FulIer further asked leave of the
curt 10 file supplemental and amended
bill. The court denied the application for
continuance. On the question of filing a
supplemental and amended bill, the court
said that if after hearing upon the origi-
nal bill and answer, il was inducive to the
rights of the parties, he would allow them
TO be fled without prejudice to the in
junction.
Judge Jamison also announced that he
had ordered Injunction TO issue upon a
reading of the bill and without notice upon
representations made TO him. That if no.
tice was given to the Ecclesiastical Court
such proceedings might have been had by
that body, in the way of hurrying these
trials TO q conclusion, az would be Of ire
parable injury to Mr.. Cheney and the de-
signs and effect of the injunction eVaded.
Mr.. Judd, in support OF the motion for
the dissolution of the injunction, entered
into an elaborate argument. Taking up the
ayerments of the bill he denied the aver
ment Of material injury and made allega-
tions as TO the growth and development Of
Christ Church under Mr.. Cheney's care.
The counsel RndeaVored to ridicule By
quoting the well known quotation as the
moving cause of averment, "Whoso blow
eth not his own horn the same shall not be
blown,'' and affirmed that blind justice
would unsheathe her swotd for the humble
curate in his cottage as well as for rector
who expands himself 10 Il church of pala-
tial proportions.
The counsel insisted that a civil court
had no authority 10 interfere with an
ecclesiastical tribunal, and if it had that
the bill was not sufficient to warrant the
present proceedings. He also insisted that
the proceedings were all regular ON their
face. That ample justice had been
done That the strictest impsrtiality
had been shown, and leaving the
narrow ground of technical canonlcal
restriction asserted in broad terms, that
whether the proceedings were in fact can
onical or not, the bishop had in his own
person the inherent right of discipline
irresnective of and above all csnons Be-
fore Mr.. Judd concluded, the court ad-
iourned until o'clock. At 2 o'clock the
court met, and Mr.. Judd, counsel for tie
assessors, resumed his argument, and
finished at O'clock.
He was followed by Mr.. Thompson, in
behalf of Mr.. Cheney, who spoke for an
hour, and WAS followed by Mr.. Fuller,
who had not finished when the court ad,
journed.
The argument will be continued to-
morrow, and will probably last nearly all
day.