The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-26
Phoenix Mccarthy Still I'm
der Fire.
SWEETSER BEATEN AT FIVE POINTS.
Oratorical Hotshot from the
Defence.
THE WOMEN MADE TIE TROUBLE.

mittee Fellowship Ordination and Discipline OF the
Uniyersaist Church. The for the prosecution
closed with tho morning session. Much indignation
was manifested Ut Mr.. SwectscP's conduct Ia going
into all the private and family affairs OF Mr. Mccarthy
and exposing his various debts Mr.. Mccarthy de-
ionded himself by saying that Of them had been
paid ana others he unable pay. In the evening
Mr. MCCARTHY opened HE defence against four OF the
mine charges preferred by Mr.. sweetscr the others
having been struck out As unsustained by evidence
THE MORNING RouxDa
Mt Hull was first called for the prosecution Mr.
Mccarthy had told him that tho Nashua people had
made him offer by call but that he could not
accept II as they did not offer him money enough Ho
thought M. Mccarthy used the word ''call" Mr..
swectser then offered In evidence the statement
OF Mr.. Thomas Pearco, President Of the Board or
Trustees Of the Nashua Church, which stated that
while some Of tho people wanted Mr.. Mccarthy for
pastor others did not Therefore the subject was
never put 10 a vote before the Board of Trustees
Mr. shook moved to strike out the eighth Charge on
the ground that II sustained by evidence. The
committee reserved their decision this point sub
ject to their decision to whether the paper had been
sufficiently identified.
Mr. swEETsER's pILyoExr SEARCH
Mr. Sweetsor then proceeded to the ninth and last
charge :-"Fnaliy, l charge him with ncglecting to
pay his debts in this city and elsewhere" In support
OF charge uo produced TWO pliiS, inc nrSt de-
tailed one the second bill for the aggregate amount
with sworn statement attached that had not been
paid. ut is quite important for my purpose that
should be permitted to read them both," said Mr..
Sweetscr "And Is quito important FOR purpose
that you should not" replied Mr.. Shook. From ques-
BY tho committee II elected that Mr. Sweet
had been to Albany for the purpose OF nnding
Mr. McCarthys credtors he had taken the trouble TO
send . notary public TO one Of them to get him 70
make Q statement from others he had obtained
letters The drst was . .grocer's bill, amountingto
$50 20, $40 Of which had boen paid. The items o the
ciaer. Among the items was zone quart Of cider.
81 5Op Dr. SAKE looked up surprised and inquired -
iy that So GIs; one guar ,s Of cider 81 Soc
cider, said Mr.. Shook sThe public will be much in
terested IN the quality of that cider"
Mr.. Shook protested against tho continuation of the
examination OF Mr.. McCarthy's household affairs:
"Oh, let him 60 on" said Mr.. Mccarthy. "Ony
givo him rope enough and he win hang himself with
t. This part Of the proceedings tho that gives
mo the most pleasure, because II characterizes tho
MALICE Of the man. and that's what want to provo In
the Supreme Court
Mr. sweo.ser then produced another bill for carpet
ing % IT, Coal S for IS
the Universaist Church a Albany was read Among
tho items credited was one by amour. Of his b, a.,
two other bills had been assigned. From the account
II appeared that Mr.. Mccarthy owed tho society
.Thcn that bill for 1878 10 and tho other two have
becu paid, y said Dr. SAKE.
II.
"Then, you are wrong,'' said Mt Shook, "n saying
that they were not paid. They were offered with the
that these bills woro not paid--a malicious and
temptible act"
M swee.ssr explained that either Mr.; Mccarthy
owed those bills he owed the society $54 Is, he
An aiidavit WINS mex. read that Mr. Mccarthy had col
loct0d 500 Tor the church in Albany and had appro-
priated II TO buying canary birds Tor himself. This
was found TO be entirely unsupported by evidence.
burst OF Indignation followed this ann ouncement. Mr.
Shook denounced this styto OF prosecution out
rage on justice and humanity. He was warmly APP
ulauded. The committee threatened to clear the
room. Mr.. Shock said that when we'll established
rules OF order departed from an audience might
BE- excused for expressing us honest indignation MI
persecution and rcvcngc. private loan OF $50 was
mex. shown to bc still unpaid Mr. Mccarthy here
al called my brother yesterday" said ne, ga man
with moral white liver. now. In the presence Of
preston ana apologize TO him TOR making It, because
though In spirit IL IS true, In letter was offensive"
He then explained that tho liquors and stmulants
mentioned in the grocers bin were purchased Tor his
wio while she was in weak condition TO enable her
greed Tor any wrong expressions be might havo boon
led into Mr. Swectser mado apology. Mr.. Nc.
Carthys debts in this city were next exposed by Mr.
Sweolser. He only found two, both amounting TO
$40 75 Mr.. Mccarthy IN reply 70 the charge Of not
paying his debts, showed that. according to his &C
cusers documents three OF the largest bills alleged to
be unpaid, were paid by the church at Albany. The
others be had not been able to pay for want
OF means. He had large family, and Obliged TO
keep up appearances In Albany. whereas his salary
only 81 500, and nearly 81 900 of that had
been paid fhe committee retired, and after deliber-
s.ing for a few moments, returned End announced
their decision that the evidence on the last charge did
not bear GU. the allegation Of immoral aud unmins:
faith, and no evidence had been adduccd to show that
| Mr. Mccarthy was able to pay them II he had chosen
| TO do This closed the case TOR the prosecution
The session adjourned TIL seven O'Clock when Mr..
Mccarthy was instructed to open his defence the
nrs second sixth and eighth charges the other five
| having been ruled out unsustainod by evidence.
THE EVENING SESSION
Mr. Robert +. Smith appeared at the evening session
and explained that never had denied the resnrrec-
ton OF Christ, had been alleged Mr.. Mccarthy OBJ
jected that Mr. smiths religious opinions nad great
| did not wish the explanation 10 be made then.
Tho comm.tes's decision was then read IN regard
They agreed TO admit IL as genuine, long argument
was then mado BY Mr. shook on notion 70 strike
out the remaining four charges, as tho evidence was
not sufficient sustain them. Mr.. Sweescr he said.
after his return IRON Europe bad been bounding Mr..
Mccarthy, trying TO "snoop out' his debts He then
took up the charges that left one by one, and
| argued that evidence had been brought out
70 prove them and that what had boon produced
in favor OF Mr. Mccarthy. Mr. swce,ser replied
similar manner to show why The motion to strike out
should NOT be granted lie took up the charges ono
sufficiently proved by the article In the HERALD.
IF such article could be published in ono OF the
name nam A Of thea tho accused that Sc. was sun.
mis- snatchng the paper although In that he bad been
misreprcsenied by oil the daily papers, he confessed
! no had been a little 100 quick-lor MT. MCCARTHY.
Dersiye laughter from Mr. McCarthy's friends and
Kisses from the other side.
Mr.. Shook now arose and characterized Mr. Swoctscr
| as 'the great American snntcher" He announced
that sunday would DO the frat anniversary oil the
American Free Churcn, and he invited all persons TO
come over there and see what Christian church was.
The question OF adiournng TIL Monday came up
Mr.. Mccarthy said hc was tired out, and would have
TO prepare opening speech for the defence oil six
hours length lie therefore wanted an adjournment.
Pcrhnps you had better give your opening speech Tor
your anniversary sermon" said Dir. SAKE. smiling
| fGencral
hear the opening part OF Mr.. NcCarthy's speech.
'Out OF 800 PERSONS" SAID Mr. Mccarthy, "oniy
three persons were named who wcro dissatisfied Wild
my preaching and OF those only one has been brought
on the stand. The other two were kept back by my
accuser presumably for tho purpose OF holding his tan
tMr. Swcetscr was az this moment tanning himself J
Tho speaker tkon declared himself the senior OF Mr.
~ s,uaoI cnc