, 1873-06-04
Temperance and Further;
Postponement Of the .: =.
Cheney Case. '. :.
AnsWer Of tho Scandinavian Bank :Re.
cciyor in tho ,Yinslow Dank- =
-~- ruptcy Suit. il i
Alleged Unlawful Taxation Of Rail-
60. roads. and. Commercial !
Enterprises. ,"'
Land Wanted to Open Douglas Avenue
-.-Habeas Corpus Petition IN "
the Criminal Court.

Inc Crlmlnal Court.
The Courts in BricC---Ncw Suits.
THE oHENEY CAsh-A CASE WITH 4 WIDE RANCE.
The Cheney can., up boforo Judge Williams
5estarday morning, having boon act for hoaring for
Monday, tho al june, Inst. Melville ". Fuller,
sci for tho dcfondants, ade application for tho ex-
tonaton Of mo eight monthAfo tho taking of owl
dnco on behalf Of dcfenaans and tho preparation Of
tho for hearing. tnay bo witt 10 state that ut-
dor tho old chRncory practice tho ostdoneo was aI
taken in writing md complainant was ruled to close
Ills ovidonco BY n1ed time, utter which dotenlnnts
aro nao ordorcd to cloao thcr evidence BY Exed tmc
md then the cause WINS set for hcnr1nY hut; by
statute ouaced Some years since, testimony rsy 10
taken in claucory suiis orally boforo thd Court aud,
in consequence 1t u tho practice Of tho Court to set
tho ut somo early day, and, Il The parties cannot
got ready In tho intermediate tic, mud do not ntcna
to call hoir witnesses To +estify orally then to oxond
the time. Thus Judge Wiaus set thoteasc, In entiro
ignorance OF what nature tho rroof wsa going 70 b.
gonco on tho part Of PARTIES In obtai tho ovt-
statement tho truthfuluess Of which, ~ election
eSads es1 b. a Sitting Sa e'p
mauy otflor questions arising upon recoras Aenio
ary and question ArosS a. tn9 r.. Ras
DR.. Cheney ever boon deposod7 The auawer 70 this
question depended npon tho snswcr to another Aes-
t}on: Whether tho Rov. DR.. Cheney had ever wen
euspondod Deca,se tho sentence Of dcpostion WAS
founded upon tho neycrend Doctors datico akSH
from 10 doing On beilan II dofondants il faa.
thor urged Tint tho alleged proceedings Which oai-'
IT, e o
void also, and tho sentence Of depoetion fol wash
lint a TH6hn ~ 1r1{na afaffE
tho United States had powor and auhortty fnhcssnt
n bis oles doposs or suspend any PTeasytcE 9fhs
Notwithstanding the Constitution and Ca1'ons Of the
Church provided fossueh tr!a!; and TINT therefore,
@ Many depositions ] NJ had Seen 0 taEen @ Il til:
easo on behalf Of :, complainants and Tho
boon tuiy occupied In ss1amnng W witnesses call
ed behalf Of tho complainunts to establish the propo
saa as int s ssy tor " s 6saIs o
ARosoo. II thosc Of Council tho
0anons Of tho Protestant Episcopal Church Of tho
United st1tcs that defendants insisted u1 proposed
Rovorend ~ Dean Of Weetsninstcr, ,and
onS United Bshops @nt b, Ss n.y.
Dr.. John Cotton Smith, Rev. Dr. E. A. WaahA
Church ID this country that thoro waa no powor and
authority Inherent n The office Of Bishop to deroso
Thereof tat sach scatonee Of suspcnson pro
s aou9sed d eoatrsry 70 ths oon.t9oa aad oeaoas;
nan hs tut h he oos S
the situation Of tho Anglican Church wan precisely
that Of any oshor religious body, tho Methodsi,
o o ssssd sw Ct
deposteon pronounced upon 9reabyor for disregard
ponslon whero pronounced in violation Of tic written
law Of tho Church that tho presbyter ss only bound
mands tho Bishop s by law Or by ngreenont Of TIC
parties, to impose and that whore trial Is provided
q ao ssaso
Of suspension Or deposition can be lawfully pro-
Reunesd nleas Tie Frssbyter has had trs teaa BY
9ss u 9ss a sfs
as ~ sipfsss
superior occlosinstical governing body whatever that
the congregation of Christ Church has unanimously
enpioy The neS. Dr.. m ohency; that ssis no nor =
G hs t any Of he
minlstraton; thot It represented the rea ownership
Of tho property that cairned TINT tho congrega
ton was Proceeding In violation Of the laws of sho
eosson of he yeal Should b ailossd doisndssts to
mako the!r proof tie premises these points alone
and that 5 Considerable period Should 10 allowed
After tho reading Of The above statement mr. Judd,
coanee! ior complanhntB, argued tha defen4Ana had
VIE when tho blll was Aled, and might hayo taken
thosr dopostlons some time since: He eonosded that
wore found to have been Irregular, upon tbs nherost
s pS%eF 1s % M the RshoR Is abovs STATED To- clssd
IN its allegations ia to what detcudAna intended to
prove.
common law motion for cannuancy, but was aitnrly
an application to the discretion OF tbs Chancellor Tor
more tmo ta whloh to make tho ripe Tor hearing;
for aas' ~ tsat
founded upon the alleged law, Of tho Church that =
Bishops sentence wae binding by Of tho power
saa Il n'ssp .ppszed nhssss sss hs Il s and
ane 81 asa sssss sssn sss 5sS asSS + e.
mater of difficulty Il Tho opinion of tha 0ourhat
taougat thst might b heard and doeidod II
time to 60 % tho aupreme Court at the next session.
e ns q tes
IL 70 bs oSa4ss Il ssy. aas Ssd
oos 9s s b h ,h.t uR
question thoroughly investigated.
~. Judd then suggested that perhaps ho would be
preso thAt to say that witnesses would testify,
nnd at bis suggestion tho nattar went until Mon
Vii VIII Iesssd e ssa spS"on - ss to d.
missions.
.Tnr wrxs1ow nAnRnurror-uAnvxr'g AxBwEn.
3oal o. Harvey, Reoalyor Of tho Scandinavian Bank,
and the Trustee, IN to tho complaint Of nobcrt
bankrupt, admits the bankruptcy Of Winslow, tha
statenena ~ 70 tho organization Of the Boaudnaysn
bauk, etos TINT on tho lath Of July, 1874 Winslow
executed TO Aez, cashier OF tho bank. power Of A.
tosney te coatonta Of which defendant not ablo to
eato that the 18th Of Aaid July aaid Wutow left
ohioago to 60 to Europe. Respondont Is IN
shle to ansuer Is 70 whether siller had tho
management Of tho hnaitn Of said Sylnsiow after
ha 10 left. ua ednits that note cano into his hands
- noceayer executed by Winslow, for s23000, with
coateEas for security for tue pay1uont preof which
ware made payable. but ampy that they came 70 tho
bank ~ tha ordinary souFes of business and thofe-
Wns1ow procured the attachment Of cargo Of rail-
road iron II Montreal by tho bank alleged, but
tho contrary ~n!fr1na that tho bank made large
advances on said Iron In tho ordinary courHa Of