Nebraska advertiser., 1869-07-29


Rev. Chas. Cheney, rector Of ~hrlsts
Church, was fosuns fEifp45
nine this mornfngafter reIlgo exer-
cises. The pf dent announcsd thak
the exceptions aken yee eEdoF aftef
noon by the ns@ ~ Epe aecns
and which ha4 bees for adv
ment at the ou me
ruled.
Mr.. Thompson asked the easOn for
such decision.
MI. Otis thought such Requirement
an unusual proceeding and on his re-
quest the court then prOpOunded the
Question 10 ~ EtEkh2A ~
Rev Charles r Cheney ~ you
guilty OrnOt guilty.
MI. Thompson gailty of what3 IL
Court-Guilty Ofthe charges contained
In the presentment.
Mr. Thompsons the charges me So
incongfnous and imperfeel TINT our
client makes no response to t1is quesS
ton.
Mr.. Otis. Then il accordance with
the proceedings aslaid down in the
cannOns, I would ask the defendant
to be eonsidersd as spreading not guilty
and let it s0abe recorded. Aaa IVA
81 -
Mr.. Thompson. Then ifthe court
be determined to proceed with the
trial we would ask what time the court
viii app0intfor SUCH triaE He then
proceeded to read from the cannon,
which requires that net less than
twenty DAYS be allowed such cases,
that such would but be reasonable.
He held that the time and place now.
be fixed not less than twenty days
from date.
that notice Of the trial shall be served
upon Che person TO be tried with ali
haste, and we are able to show that
theproper drequired notice has been
given the defendant in the present
trial. Ifany further time is required
to Subpoena witnesses, the Bishop
should have been applied to before
or at the opening of the trial. I ask
the court to Overruie the objections.
Mr.. Thompson. We do not com
plainnor have we during the assembly
of this conrt. We are not prepared to
conduct the trial at this time, Isimply
stated what I considered to be the
proper CONSTRUCTION of the cannon as
regards matrers of time. Yesterday it
was stated ingOOd faith that the juris-
diction Ofthis court was not cannonical
and secured by our presbyteTs who sit
as jurors on this case. we then filed
our papers and made our defense of
the protest founding Our argument
upon the decision and opinions of
those men who have been among the
highest authorities in matters of law.
TI0 aOra-oo1 oF AH1 OAL0wR91oE A.,,ko.1
all things lightly, and they were
ignored by the court. We then OBJ
jected TO the specifications and charges
in the same good faith, and in each
and every case we have been metWith
a cold no. wish to ask if we are to
be treated with fairness in this mat
ter. 8s
g Mr.. Otis. I must suggest that the
gentleman is ont of order in accusing
the court of unfairness, but the court
is able to defenditself.
The court after consultation with
the assessors. The court must defend
itself from such language and will be
obliged to call the gentleman to order.
Mr.. Thompson. May it please the
court, nothing disrespeetful was in
tended, and I simply intended to ask
question.
{ After an absence of ten minutes the
court came in, and the President
announced that the objections had
been Overruled, they being considered
insufficient.
Mr.. Fuller arose and said: We
have, up to this time, presented such
objections as we hadtO the jurisdic-
ton and-t0 the various papers that
have been laid before you and the
court of which you are the presiding
until we have reached the
point at which we shall 60 no farther,
] have applied to the superior court
of Chicago for on injHneti0n, which
has been granted, against further
proceedings in this case. We have
determined that if our client WAS
smitten it should not be contrary to
law, and we have been compelled to
pursue this course. The sheriff of
Cook county who is present, will
serve the gentlemen whose
name he will find in the writ.
The Sheriff then proceeded to serve
the writ in due form, his entrance
being greeted with loud and continued
applause, thus giving Unmistakable
of the sympathies of a large
majority of it. AS soon n the Presi-
dent was able to be heard he demand
ed order, and said if such a demon
stration should again occur he would
order the house cleared.
After the injunction had been served
the court retired for consultation, and
in returning shortly after II o'clock
announced that an adjournment
would be had until tomorrow, and
then the court adjourned.