The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-04
0stracizing Rev. c. P. Mccarthy from
the UniverSaliStS' Fold.
sAcREDNEsS OF LEGAL RIGHTS
Moral Offence Of Quoling the Beecher Case in
Clersymanic Quarrel.
BUCCANEERS BULLDOZED.

In the HERALD there was recently published excu-
lively column account OF proceedings Instituted by
Rev. c. r. Mccarthy against the Committee on Discip
Anc Fellowship and Ordination IN which he asks Tor
mandamus directing such committee to rescind Us
ac,sen dsmembering him from the State Convention Of
Universalists and restore him TO full membership IN
ouch organization. The case came up Tor argument
yesterday before Judge Donohue 10 Supreme Court,
Chambcrs, ON an order to show cause why such man
damus should not be granted Accompanying Rev.
Mr. Mccarthy, whose only clerical designation was a
white choker several ladies who evidently evinced
rs much interest in the proceedings as The clerical
gentleman himself Mr.. Herman Shook appeared TOR
Rev Mr. Mccarthy and Mr.. Baccus for the State Board
Mr.. Shook opened the proceedings by stating that
one OF the committees Of the Universalis Church OF
this State is committee on fellowship discipline and
ordination which possesses the power TO Try ana IN
vestigate charges made against clergymen Ihc Rcv.
Ed. G. Swee,ser, pastor OF The third Unversalist
Church Of this city, he stated further, preferred
charges OF uumnstcrial and immoral conduct against
Rev. Mr. Mccarthy, who Immediately notified the
committee OF his readiness to be tried on such charges
The trial was accordingly commenced, and ne went BE-
fore the committee the 29th OF January last During
TOUR sessions OF the COMMITTEE tho trlai was
continued, and in all that time testimony
was taken on behalf OF the accuser but none Oh be.
half OF Rev. Mr.. Mccarthy, such sessions lasting
through three months IL was evident that this CON-
ittee and all engaged conspiracy against Rev.
Mr. Mccarthy ana il became apparent that the nccuser
was making out a very slim and that II would be
Impossible to convict him Of the offences charged.
Inasmuch however, as they had determined on ex-
pcng him any way, the question OF his quit or inno
ccnce becoming OF very small importance power
behind the throne greater than the throne ITSELF
stealthily manipulated this committee TO oriug
about the destruction and disgrace OF Rev. Mr.
Mccarthy. This could not, II seems, be done by
means OF truthful and reliable witnesses, ana accord
y they aa Gg nm sna suit
SANDER libel OF any OF the witnesses appearing
against him. Thor OBJECT was 10 tie his hands ana seal
his lips and then besmear him with mud. The coun-
sci here waxing his statement, In intensely
dramatic style recited the familiar quotation
steal. my are :"
But he that aches from me my good Inn name
And makes me poor indeed
Dropping Shakespeare and coming back TO the
plain matter oi-iact in issue, the counsel charac-
lerlzed the conduct Of the committee as base, mag
nant and contemplate, thousand times more SO be-
cause II came from COMMITTEES OF clergymen who
profess to be followers OF Him who taught TO DO TO
others would be done by. The upsho OF the
matter, continued counsel was that Rev. Mr. Mccarthy
declined to sign the proessed document, and to such
declnation added that he was resolved to prosecute
every person who sandered him.
Judge Donohue here interrupted tho counsel and
he mad heard enough o bis SIDE OF the CASE THIS
Yeiator claimed his legal right 10 prosecute anybody
who slandered him, and for that they suspended him.
He would now hear the other side.
Mr. Baccns said that there was only one member OF
the committee, Rev. c. G. Lippincot represented IN
Judge Donohue-wel, we will hear what Rev. Mr..
LIppin: ott has to say for himself
Mr. Baccus proceeded to give his version of the case
md insisted that under the circumstances mandamus
poud not ISSUE
Judge Donohuc-I want to hear about tho word ''do-
hpquency.''
Mr. Baccus did not pay any heed to this request but
undertook to vindicatc the action oil the committed
He stated the substance Of Mr. Lppncotts affidavit,
setting orh among other things, that account Of
the threats Of libel suits many OF the witnesses were
deferred from telling what they otherwise would nave
told, and further, that when Mr.. Mccarthy was
monstrated with account Of his quibblIng ques-
lions he answered, 'Beecher took Six months Tor his
trial. and think entitled to month at least"
they considered, altogether, his unministc-
rial, and they suspended him.
Judge Donohue SAID that the whole matter en-
braced in NUTSHELL and that the expulsion OF Mr..
Mccarthy for saying he would exercise his legal rights
was evidently illegal
Notwithstanding the above pretty clear intimaton
by Judge Donohue OF his probable decision in the case,
she opposing counsel INDUCED in lengthy summing up
arguments Mr.. Shook said that If this manda-
mus denied that any clergyman would
be dcbarred using the protection the law
throws around him simply because would
not throw himself down and DO trampled upon. He
said he OF the same religious views as the
Rev. Mr. Mccarthy. Judge Donohue said that made no
difference The question had nothing TO do with re-
hgion but simply with legal rights. Alter the papers
bad been passed up TO Judge Dononue tho parties
withdrew from the court room, and IN very earnest
and at times excited manner went the OF
The controversy in the CORRIDOR the ladies' stlli
manning present ard attentivey listening to the
peatcd arguments.