The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-25

order. The Moderator asked those who were IN
favor OF sustaining the appeal to rise. Among
cution.
DR.. Spear exclaimed. 1.-THE counsel cannot vote"
DIR. Crosby asked. why notY'
Dr. vandyke also inquired, ..why nots"
The Moderator ruled-"rhe. counsel cannot vote"
Then appeal from your decision on that point"
1t looked though matters would become inex-
tricably confused. when it became apparent that IL
''even up" any way, as there were two of the
counsel on each side, and Or. Crosby withdrew hia
appeal The vote on DIR. McCullough's appeal was
then counted, and the Chair sustained by vote 0f
Ii yeas to 10 nays
CERTAIN cmcUMIocuTIoNs.
Dr.. Spear then proceeded to argue on his motions
to dismiss specifications l, and 4. As there had
been considerable applauding and kissing in the
preceding debate he prefaced his remarks by saying
that he was DESTROYS of neither He claimed that in
addition to the limitation of time, certain of the
specifications we've objectionable. because they failed
20 specify anything. The counsel for the defence
a torch to light them lie asked the clerk to read
specification >, which he did, and then said DR..
Spear:-"It is easy to see no lawyer drew that up.
WHAT'S still verse there is nothing Presbyterian
about that. Haushter.) AT various times That
He published Where did be publishi
In the pulpit, in a book or in the
newspapers? OR allowed to be published by those
closely associated with him. without contradiction
what one ones OF the hundreds or thousands
closely associated with him? Is he guilty OF false
hood because h. did not contradict statements made
by others That entire specification Is unique almost
unique as my friend DR.. Talnage. The fourth
specification contains two proposftions-hrst that
he falsely accused j. W. Hathaway, &c, and second,
that he afterward denied having done so. Having
done whatY Why, denied having falsely accused j.
w. Hathaway. No lawyer drew that up either But
look what must be accomplished in the trial of such
o specification. First. we must try Mr.. Hathaway.
He must be run through this Judicial mill to
find out whether he was falsely accused.
If forced to do this the defence and will intro
duce witnesses to prove that Mr.. Hathaway was not
falsely accused. He must come out OF the mill as
the finest brand OF flour to prove the falsty of the
charges made against him as to the other charges.
am Of the opinion that they ought to be dimissed.
but for the sake of Dr. Ialmase's reputation We do
not ask SO much as that.
DR.. Crosby characterized the remarks Of the de-
fendant's counsel result of ingenuity and inagna-
ton They were there to consider facts, although
the book of discipline about the limitation of time
had supplementary clause which provided that
trials should not take place more than Year
after the commission, "unless the scandal had
become recently hagrant.'' That just what he
claimed in the present instance. This matter had
become recently fragrant DIR. Crosby created much
amusement by an attempt to quote Dr.. Spears
mark that J: W. Hathaway must come out Of the
mill the finest brand of hour. DR.. Crosby's YER
sion was that Mr. Hathaway must come out "a
fair and perfect flower"
DIR. Willard denied that the commission named in
the charges had become recently fragrant, and he
designated the charges India rubber. that would
stretch in any direction"
Dr. Mccullough urged that this part Of the subject
had all been gone over. They were ready to prove
specification after specification.
the Moderator decided to grant the motions strike
specifications /. and 4. on the ground OF hmita-
said the book Of discipline laid down another course
to be pursued in such cases. which was by investig
ton, not by trial.
DIR. rALMAGE CREATES A SENSATION.
Following this decision there was pause of dis
may on the part OF the prosecution. Then, at about
the same moment. Drs. Talmage and Crosby claimed
the right speak. The Moderator gave the floor to
the former and at the first sound of his voice people
in the rear of the house and the galleries stood
10 md haar i'm fca1
very thankful for the efforts of my counsel
in these proceedings. 1t seems to me that they
no right to go beyond the reach Of one year in
framing these charges. Clergymen in all parts of
the country and have heard from great many OF
break down the rules of the Presbyterian
Assembly. For that reason ! am glad this
in the name OF the Lord Jesus Christ, whose ON
and whom serve. say demand to be examined on
all these specifications, whatever they and wher-
ever they reach Suppose you discovered an assassin
in your room-would you stop to inquire whether
he got in at the front door or whether he came
desvor without delay to catch that assassin
to protect the lives of your family. 1t is known all
sassinate my character! (Scnsation Yes the dag
gers unsheathed and don't care whether those
Whether whe they steal in from b:hind Ali want to
know is who they are and where ! can lay hands
upon them! have great respect for this Presby-
terry. OF which am member. but also have re-
spect FOR public opinion. which no man who seeks
public duty in life can afford to disregard Public
opinion Is waiting to know the truth or flsy Ok
through this Presbytery or through the Kings
county Grand Juryl "a prolonged sensation) I
your technicaltes and give eternal justice! After
this trial snail demand the right which the Mode
rator has designated as belonging to me-" Loud
applanse.)
DECISION WITHDRAWN.
DIR. Van Dyke claimed that the Moderator was but
a member OF the Presbytery, chosen to preside to
preserve order, but that he had no right to give
decision on vital point. That must be decided by
vote of the Presbytery. Dr. Talmage cried ''Order'
with several others. and the Moderator de-
ciared that he could not permit the dignity Of
the Chair to be impugned Afterward he asked DE.
Van Dyke to give his authority tor saying tho Mod
orator had not right to decide vital point. This
DIR. Van Dyke chcerfully promised to do. ard was
orator could only decide questions OF order.
The Moderator claimed the right 10 decide all
deal of debate ON both sides OF the issue he agreed to
Withdraw his decision. The motion coming before
the Prcsbytery, and being debatabe, DR.. Van Dyke
got an opportunity OF expressing himself He did
80 In a very comprehensive manner. He endeavored
" show that the action of some of the members Of
the Presbytery had been called disrcputabe by the
deferce He tried to connect DR.. speer with such .
declaration. but the latter denied it. 81 believe
did say he admitted that tho devil had great deal
to do with these proceedings"
DR.. Van Dyke said that. so far as he himself was
concerned he wanted to be heard under oath and to
endure the cross-examination OF Drs. Spear and
DR.. spear said he should like very much to cross
examine DR.. Van Dyke. He would promise him an
entertaining time of IT.
MIR. J. W. Hathaway. referred to in specification
of the charges asked leave to say that he ready
to undergo the trial which Dr. Spear had suggested
necessary.
The motion of DR.. Spear to strike out specin.
cations /. Gnd then voted in
three divisions. The first specification was
sustained by vote of % to IL: the second
by - ~ 10 and the third by ~ to b. Thus debate
OF three hours aud a hall came to no result worth
mentioning. and the trial adjourned till throo
o'clock this afternoon. Before leaving the church
many people crowded around the idol of the Taber-
naclc and shook him warmly by the hand.
NOT UNfRrENDIy I'D rALMA6E.
The following letter. addressed to the Brooklyn
Prcsbytcry, is for the first time made public:-
BnooKlYS. March %. 1879.
To TIE BsooKLyS PgEspyrERy;-
Wo the undersigned beg represent TO honorable
body that have bsen unauthorzediy connected
With the specifications certain charges made
anst the Rev. T. DE Witt faimape By such presenta.
ton of placed IN tine false position OF
witnesses ready to testify wreas just the contrary tho
fact, your committee having been informed that
un wilDg TO appear.
We bog remind your honorable body that difficult
tics with the brooklyn tabernacle In the main
OF questions OF finance. and felt there N
Nj will he pf NV