New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-01
THE COURTS.
MR.. MCARTHYS APPEAL TO THE corlpro
HE APPLIES FOR MANDAMUs ~ oRDER To no ~

MR.. MCARTHYS APPEAL TO THE coupro
HE APPI.IEs FOR A MANDAMCs ~ ORDER tn no n.
INsTATED.
The Rev. Charles p. Mccarthy, whose eco,o..
asca trial on charges preferred by the Rev r. C. sa~,
GER or the Bleecker street Univorsalist Church :,
tracted much attention several months aro 80 !.
yesterday TO Judge DOnohue for q writ OF
compel the Committee on Fellowship, Ordination 20
Discipline OF the hew-York state Convention q,
aaists. to reinstate him in fellowship with tia, -,
Richard OGornan read long affidavit OF Mr. McCay.hy'
setting forth the facts from his point Of view
bias ana prejudice the part OF members Of re- g
mittec. and insisting that the evidence TAKEN nc eon
him did not justify any decision against him A@"''
Abner C. Thomas in reply, read aflavi, ~ ry.,,..
+. Lee, the secretary OF the convention stating m, ~
ceedings Of that body, and declaring that the tenn .,
members OF the former Committee Of Feowsbin IA w
plrcd and committee had been appoin,aA -
that Hr McCarthr felt aggrieyed he could anrli s
the United states General Convention OF UuiverssIa 70
Mr. OGOnDan sad he was surprised that 10 me -
or facts on their side, nothing but echnealtes
fered as "a defence To facts showing thai bs ore o.
suffered injustice from personal prejudice thai rbo
was partial, that the Judgment without evJe-aA
that the three charges were wholly unnTorcd ,,enc.
fered nothing bur silence n the Iaw OF the ~ %
was good, the plaintiff had relief except The had
one u an appeal 10 the General Convention 1.ao~y
while the plaintiff deprived OF the power OF snc
ING himself and his eight young children tho rinrv
Judge Donohuo intermptlng his argument asked vbst
right the STATE Convention bad 10 order the coDo,,to
make specific report different from that which bev ~
the conscientious exercise ~ their discretion had aedv
madel ''p
Mr. Thomas replied that the right given bv the Nv
law, which made the acceptance Of report final mt,
the convention should otherwise decide. This gave ~
convention full power over the report. "'
Judge DOnOhue-I sec nothing m the Constitution a.
bylaw authorizing one board 10 direct the other a. .,
what judgment 10 should form. The convention Ind bs
power 10 send back the report and direct the c0al,fs
10 mako another OF further report b. glye rhen,
but 1t had not the power to direct what specific ]
1t should find. That was fatal defect"
Ar ThOmas-I do Lot consider that a controlling poin,
in the case. ''
Judge DDnohue-T DO
b. Thomas argued that this being the act Of the con-
yentl0n, committee Of the n0n could not undo
the work OF us creator and "a mandamus could NOT BE-
compiled with the court had power grant IT, Asdo
from tbis technical ground the NcwY0rk state COnven
Ton or Unyersaiisis ecclesiastical body II had
invaded no eiyil rights Of the reator. IL had deprived
siered was purely ecccsastca-tho withdrawal Of Eel.
loWshp" That was thing beyond the reacG Of a sherG
or VIII OF mandamus. It did not prevent Mr..
Mccarthy from being employed by q church.
IL only subjected tho church employing him
to be cut on from " fellowship" His right 70
preach any doctrine 10 any church which w0ul
employ him not disputed. The convention only de-
ecclesiastical friends. The courts had always refused 10
interfere where the ecclesiastical discipline did in.
yoige an infringement OF civil rights and n IN Tia
the Ic9tOr had lost civil right the convention
the proper ecclesiastical tribunal, and decision q,
to It's jurisdiction vac binding on the court
Al the close OF Nr Thomas argim d. Judg. D0nohue
said there need OF meas In the matter The cour.
could know no religious questions m the matter bl
must examine whether Or not the corporation bad
IN accordance with law. it necessary Tor M
OGOrman 10 reply, bus he would examine Nj. lhJmsss
points before deciding.