The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-05-04
THE CHICAGO CHURCH CASE.
q .iiIl GA3 i5gse
The Reverend Cheney Once More in
Court.


r.,,,u- CHICAGO, May 8.
Tie Ecclesiastlc Court for the trial oi
Rev. Chas. E. Cheney assembled at the
Episcopal Cathedral this morning, 1t
viii bc remembered that the defendant Is
now nndersdspepsion from his ministerial
functions because OF The omission Of the
word "regenerate" from the baptismal
service, and that the present court assem-
'bles at the call Of the Bishop 70 try Mr.
Cheney for alleged Contumacy and disre'
gard Of tue sentence found by a former
court The presentnient swls read by
Judge Otis, Of the counsel for the prose.
cution. Mr.. MELVILLE Fuller announced
that Geo. W. Thompson, II. D. Rich and
himself appeared for the respondent, and
read paper Ohiecting to the Jurisdiction
of the Court. The paper reviewed the
former proceedings, and considered that
they and the sentence were void, because
conducted by tribunal Of four instead OF
five presbyters. It asserted and pro-
nounced that this was but q proceeding
for contempt and that it was unheard Of
for one court 10 assume the Jurisdiction
to punish the contempt committed against
another; that the Bishop could not punish,
because limited in that regard by the
Diocesan law; 1t adverted to the incon-
sistency OF the ecclesiastical system Of the
church in this country, which permitted q
presbyter to be punished in one diocese,
ior what was not an offense in another,
vel made all sentences binding every.
where. A general objection was enter.
ed 10 the jurisdiction Of tho Court to
try, rcserving, however, all rights Of
the respondent, and not entering his
Appearance for any other purpose. Judge
OTIS claimed that the paper submitted by
Mr.. Fuller could not be entertained, there
being no appearance upon the part Of the
respondent and no qualified appearance
could he taken. Mr.. O. G. Judd, of the
counsel for the prosecution. called atten-
tion 10 the fact that Mr.. Fuller and his
associates were not present upon any
written request from Mr.. Cheney. He
wished the gentlemen to ayow their au-
thority and then enter an unquali-
fed appearance or make none at oil.
Mr.. Fuller declined 10 add to or
| change in any respect the paper present
ed. The Court decided that, as it was
not apparent that the gentlemen who
presented the paper were advocates, and
the proctors appearing at request Of the
respondent, the paper could not bo reCeiv-
ed, Mr.. Fuller then retired from the
room, and Judge Otis read the citation.
MIR. Cheney's name was called three
times, with no response from either him
or any representative. A plea Of guilty
was then entered us provided by the
Canon, and the trial proceeded.
In the affirmative testimony, evidence
was offered TINT Mr.. Cheney, since the
sentence of suspension had been passed
upon him, had OBLIGATED rs President Of
tho Episcopal Church, and had admins
tered Gle sacranents Of Baptism and the
Lords Supper.
Messrs. Otis and Judd made arguments
for the prosecution that Mr.. Cheney was
guilty Of contumacy, and should be de.
graded from the priesthood ..Vf'fnt
The court then adjourned I'll to.morH
row morning, when, In all probability, a
decision will DO rendered.