The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-23
PHOENIX MCCARTHY.

OPENING OF NEW TRIAL IN THE CASE OF
THE ACCUSED PAsToR--A LEGAL BATTLE.
The tria. of tho Row. Charles +. Mccarthy b the
State Committee on Fellowship, Ordination and Dis
cipline OF the Univorsast Church began yester-
day morning It will be remembered that upon tho
return from Europe OF the Rev. Mr. e. q. Swootscr
Of the Blocker Street Church. charges OF unmr.
istcrial conduct wore preferred against tho Rov.
Mr. Mccarthy, who had charge OF tho flock during It's
PASTORS absence. Mr.. Mccarthy regarded these
charges blackmail and their ulterancc as SANDER
ous When the Committee on Fellowship, Ordination
and Discipline first tried him last January, Mr.. Nc
Carhy not hesitate say that should any beous
words be uttered against him by ANY OF the wit
ncsscs called for tho prosecution ho would bring the
parties before the civil courts to answer for
their conduct Tho committee at this threat held
long consultation, which resulted In breaking on
abruptly the proceedings OF the trial. Then, several
days AFTER without having concluded the gation
OF the charges, they disfellowshppcd Mr.. Mccarthy
from the brotherhood Of the unversast Church. The
latter nj brought TOO matter before the courts
and u few weeks ago mandamns was granted CON-
pciling tho committee TO restore Mr. Mccarthy 10 TEL
lowshp on the ground that no had not had air trial.
lie was, therefore, rensated, aud the second trial
begun yesterday. As an appendix 10 tho former
Mr. Mccarthy brings suit the supreme Court against
M swcclscr Tor libel, claiming $4,000 damages
Proceedings yesterday morning were opened in the
basement of the Beecker Street Univsrsast Church.
There were present Mcssrs Swectscr and Mccarthy,
the Rev Drs. Eben Fisher and Gilman Gunnisop Rev
Mr. Boardman and Mr.. Y. g. Lippincott, just a quo
OF the committee. DIR. Forester, IRON Newark,
also present. and double audience In the shape
OF members Of the rival congreg the Ameri
can Free Church and the Bleeckcr street Unycrsast
Church Tho latter separated into different groups and
glared at each other across the ROOM Dr.. Fisher
appointed chaiEnan OF the oinmittce and Gilman Gun
Dison clerk
Mr.. Mccarthy OPENS THE HALL.
After the committee all ready Mr. Mccarthy
started them by an unexpected plea OF nonJurisdic-
tion tacr part AZ preliminary question, he SAID
he had TO raise The objection that tho members VI The
committee had no authority to Try him a second t!mo
Mr. Swectser's charges. There already
charges against committee preferred ac-
cordlng rules Of the State Convention unjust
and partial conduct. There were many present ready
10 testify the this Partially and ipJusticc
lie characterized their attempt TO try him a second
ume indecent and unjust Another objection Was
that the members OF the committee were Dcom potent
try him according to the rules OF thor organi-
zation. Mr. Mccarthy then called their attention to
report OF tho general and state on.ions by.
laws, article IL, section ., which road AS ioliows-
any proceeding instituted under should
be maaesy improper Tor any ioember o. members on tue
tSereo is reason OF r 10 any Of the n"ries con
ccncd or from other cause whatever thcm tho remain
powers and duties Of The or he com
msbs one Or more disipseres,sa persons as Tue eass
may require VII, shall Tor the purposes Of the parenlar
above.
Mr. Mccarthy argued that the members OF the CON-
mttec were disqualified from trying him. II
proper for them 10 do SO second time after having
been ordered to change their decision once by Tho
supreme Court and while charges pending against
them Such action, In the face OF . rule which an-
ticpated the difficulty and provided Tor IT, was inde-
cent No Judge IN any court would consider IL becom
Tug Of him 10 try again case In which Of his
former decisions had been set aside. The committee
should have tho taste 10 decline 10 Try the case, and
order some competent tribunal 10 DO established Mr..
Mccarthy hoped that the committee would do this and
him the trouble Of again appealing 10 tho courts
and having their decision reversed
Al tho conclusion OF this argument tho members OF
the committee held "a long consultation. once or
twice Mr.. Swcetser conferred with Mr.. Mccarthy
noticing protested against thoir consulting with his
accuser. Finding the nut presented by Mr. Mccarthy
TOO hard for them 70 crack at the committee
cared the session adjourned Till ten o'clock this
morning