The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-21

Buckey-Dr. Lanahan's counsel-started or with
q slur on The committee, apologetc OF delay caused
by the defence. He then calel attention to the OIL
ca report OF the trial In the Christian Advocate OF
this week, which he desired to correct here The
chair ruled that the Adpoc1te on the basis
as the secular press, and could report the as
the editors pleased. Counsel then asked to be in
formed to prospective rulings OF the chair on Ger.
tain lines or testimony which might be introduced
by the defence. For instance he asked whether
they would be allowed to bring proof In support OF
DR.. Lanahan's former charges or fraId and mis-
management. The chair decided that the ruling
must be given when the point Is raised In evidence
and not in advance.
Mr.. Buckley then asked that inasmuch as the
newspapers had been ruled out yesterday Monday),
he might be allowed to bring living witnesses TO
show the ISLANDERS and vllihcaton heaped upon DR..
Lananan's character by the Church press.
General Runyon remarked that he was willing to
acquit the defence OF any design TO
FORM PUBLIC OPINION
by these prorers and by other things which they
have given to the press and the world. Counsel for
defence HAD admitted that DR.. Lanahan had ignored
the resolution or the Book Committee. passed at
its meeting in February and May, 1870, as fol-
lows:-
Resolved That hereafter II ANYTHING should the
inquiry or investigations such inquiry Or Investigation shah
the Book Concern.
Counsel for defence here got into snarl. They
admitted Dr. Lanahans disregard OF this and other
regulations OF the BOOK Committee, but they were
not able to point to other and more ecirc than
the above.
The chair then asked that the points upon Will Oh
decision Is required be given In writing. Mr.
Buckley then handed In the following
We ask to offer evidence to justify Dr. Lanahan In de-
cnng to regard the restrictions placed by the Book Com
mitiee on the further examination of the books.
To this Mr.. Fancher offered the following In
reply
Compartments counsel object to the oTcr-l. Because
the proprey Of the restrictions Of the Book COMMITTEES
not on trial There Is no Of this dn "GA
ans he %I Dr. the letters Of Dr. Carlton
After some sparrlng between counsel this point
was Withdrawn, and Mr. Buckley next offered evil
dence from the Discipline page 2j2, section Sky,
touching the printing and circulating Of books
tracts, &C.; and also from Emory's History OF the
Discipline page $40. section eight. which explains
the duties and powers OF the assistant agent, under
which they claimed that DR.. Lanahan was justified
In dsregarlng the committees resolutions and re-
strctions.
Counsel for the prosecution objected, when DR..
Lanahan was again put on the stand to testify to
his relations with Mr.. GoodenCugn Objected TO,
and the form OF question changed; but the purpose
remaining the same o further objection was made
when Mr. Buckley relieved his mind OF great loau
in which he insisted that the original charges OF Dr.
Lanahan had never been fully Investigated by this
Book Committee and the defence had q perfect
right TO go over the whole ground, and
IT IS A MONSTROSITY TO OBJECT
to the testimony which they now design to give.
Mr.. Fancher replied that DR.. Lanahan's answer
showed That his application for mandamus was to
enable htm to procure evidence for his defence In
the Goodenough suit Counsel for the prosecution
at the time insisted that this mere pretence
and now the defence declare 'that Is SO, and we
propose to prove our original charges OF fraud &c.n
He contended that such testimony mad.
missible.
The Char sustained the objection.
, Judge Reynolds said they now proposed to show
se wrong state OF amairs In the Concern N sub
hans answer, on page Z, as a Justification OF hrs
appeal to the courts for redress against the senior
agent.
General Runyon asked the defence whether they
pretended that the necessities OF the Concern and OF
DR.. anatan's relation TO IL were such as compelled
HIM to go to the courts. lie understood that the
OF arialrs In the Concern such as TO make
II desirable that DR.. Lanahan should have free
cess To the books upon which there Is now no con-
troversy testimony on this point and on many others
having been gwen yesterday.
Mr.. Buckley insisted that
DR. LANAHAN's NECESSITIES AS A CITIZEN,
minister and man, drove him to the stern duty
OF going to the courts In TINS case.
The char askel that the point for his decision be
reduced TO writing which was done as iOllows:--
We ask to be permitted 10 justify the appeal the civil
appea that the relations Of Dr. Lanahan to the
such that he could not tue which he
needed to have given him by the senior agent.
General kunyon offered the following objec-
tions:-
We object to the proposed evidence bccausc-hs the
witness has already been examined the subjects second
the proposed evidence does not bear upon the
The Chair ruled the objections well TAKEN anu
gave his grounds OF rrelevancy, &c, therefor. Dr.
Pike appealed from the decision, and called for the
yeas and nays, which were taken, as follows:-
YEAs-Reys Woodruff, Van Ceve Bingham, Erwin Raw
and
Rothweiler-6.
Chair sustained.
Counsel then asked to Introduce this evidence IN
der the following resolution previously adopted by
the committee
called Dr. Lanahsn for fraud and mis-
in the administration of the Book Concern
former meeting stated TO the committee that he had nothing
anms that he has further evidences Of fraud and
Resolved That the Book Committee do earnestly reques.
Dr. Lanahan before them all the ia his
the Concern ia we ms9 9' give ss os
full aud thorough investigation.
DR.. Bannister wished the committee TO under. |
sta al that there are two distinct be ore
them First Dr. CarloA's charges against DR.. Lana
nan, and second, Dr. Lanahan's charges OF fraud 4
against the Book Concern
In view OF the misunderstanding arising ont OF
the above resolutions Rev. Mr.. Erwin, the original \
mover offered the following explanatory resolution,
accompanied by some remarSs:-
Resolved, That was part Of purpose asking Dr.
had fraud and Book Concern sh@t
such matters were form part OF tue In
present investigation.
DR.. Bingham and others explained that DR.. Lana
han has over and over again asserted ms charges of
fraud, &C., IN the Concern, aud every time he has
done so the committee has asked him To present
such evidence, but he has never done 1t. Ana this
request was similar to others Tue Chair said he
would decide at future time wnen the frauds &C.,
may be exam ned before the committee. The reso-
luton was adopted. The defence here rested their
case asserting their right, however, to introduce
rebultinx testimony upon any points on which the
prosecution may make IL necessary 10 do 50. Re-
cess.
Afternoon Session.
DIR. Lanahan was asked one question In regard to
the Whereabouts OF Mr.. WATSON WAC, he said, is
travelling as commercial agent and, consequent
ly, lie could not be here.
Mr.. Daniel Denham, the CASHIER OF the Concern
was then called for the prosecution. lie testified !
that ne has held his position for sixteen years or
more, and That he has charge OF bank books cash /
books and pass books in winch salaries are entered,
The witness then testified to Dr. Lanahan's appica-
tons for books for his accountants who we're en-. |