The New York herald., 1877-11-01
PHOENIX MCCARTHY AGAIN.

ANOTHER PROTEST AGAINST HIS D1sFEILow-
SHIP By THE UNIvERsALIsr CHURCH, AND
APPLICATION FOR A SECOND MANDAMUs.
Rev. Charles p Mccarthy, II not belonging to the
smuscular Christianity" school, certainly has good
deal OF fight in him. shown In his persistent efforts
to be re-esablished minister in good standing in
the Unversalist Church The story OF his ''un-
pleasantness'' with Rev. Z. G. Sweetser, a brother
clergyman of the denomination how 1t resulted
In putting HIM outside pale Of iurther fellowship
how ~ vas reinstxted upon mandamus granted by
Judge Donohue how after being received back the
former charges were revived against him, aud
he again disbarred from any luriher Animation
with the Church has already been told IN The HKRAiD
Mr. McCarhys Christian forbearance rebelicd against
this treatment, and, having once boon successful IN
nvokng the courts he seeks It's interccssion again
In his behalf through another mandamus directing
his reinstatement lengthy argument upon this ap-
pncalon took place yesterday before Judge Donohue,
IN Supreme Court, Chambers. Tho court room was
crowded. tho main part of the spectators stated,
comprising members OF ''thc American Free Church"
over which ne present officiating rs pastor. Mr.
Mccarthy was represented by Richard O'Gorman and
Herman Il. Shook, and tho Cnurch committee oy
Albert O. Thomas ana Edward L. Wilder.
his GREAT GaIEvANcEs.
Preliminary TO tho argument was tho reading OF
aiidavits, beginning with tnat OF Mr. Mccarthy which
M voiuinnousness exceeded the proverbal length OF
the moral he recites the entire story VI his
alleged ministerial grievances, picturns himself
throughout as tho victim OF personal prejudice and
revenge. lie denied that there was any evidence Of
his charging he Blocker street congregation with IN
fuel pr0cliyitics, but admits having denounced the
sentiments OF some members ol that church, one
OF whom denied the resurrection and the othor
tho Ephcsians. To show that other clergymen
o the demon nation are gwen TO speaking their sem
tments as freely as himself there was incorporated
recent book, 'rhe New Departure" JIe stated that
he was still faithful to tho creed Of the Universast
Church. and that there would have been trouble in
but tor the wonderfully ingenious brayng Of
Rev. u. Z. Sweetser In conclusion he pictured the
precarious pecunlary condition OF himself wife and
eight children through being cut aloof from the
Church. Various other uiidavits on his SIDE
submittei, alter which Mr. Thomas pro
first the afidavits Of the Rev. Messrs. A. B Heney,
Troy; 9. W. fomlinson, HUDSON, and II. K. Nye,
Brookyn comprising me presen. Comm,.ise o. Eel
they have power to do any moro than receive aud
report upon application Tor restoration TO the Con-
venten that no civil rights are Withdrawn, and that
an appeal lies 10 the United States Convention. An
affidavit Rev. Mr.. Lee, secretary OF the Conven
tion was also read IN which he states that in COM
munlcaton received from Mr.. Mccarthy the decision
his is pronounced mot honest, but sinister
and unprncplcd one" and that his letter 10 the COM
mttce Dreathes spirit Of contempt and insubordina
tion and that the direction to the committee 10 re-
their decision was made by the Convention unani-
mousy.
The reading OF the afldavits concluded tho counsel
entered upon their arguments. Mr. O'Gorman who
spoke hrs insisted that tho defence nothing but
llmsy technicallty, and tnat from all the facts IN
the case clearly established that Mr. Mccarthy
entitled 10 the mandamus applied for. MIR.
Thomas made lengthy rejoinder conlending that the
disieowsnip OF Mr.. Mccarthy was strictly In accord
with the constitution and bylaws OF The Conven
ton aud right to stand It's religious rights and
select and discard ministers at It's will
QUESTION or AUTHORITY.
''On what authority asked Judge Donohue OF Mr.
Thomas, 'did tho Convention direct the committee to
make second report; to order Other persons 10 make
a finding not their own and report Judgment they
mad not come tof''
s.Ihe Convention adopted the report as their own"
replied Mr.. Thomas.
But whore is tho authority that enablos the state
Board to say You shall hnd particular judgment y
The Convention can accept the report or
der new hearing. they bong the appellate court but
they ordered them to make a particular report"
IL do not consider that controlling point in tho
case
II do, said the Judge, emphatically.
Alter tho close Of the argument. which at times
waxed quito warm udge Donohue said TINT The
thing resolved itssi into the simple question whether
Mr. Mccarthy had been properly excluded Ho asked
the counsel to pass up their briefs, announcing that
he would examine into the and give early de-
ntat..n