The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-25


nte or alleviate his offence Tho Second speci1-
cation refers to various times at which DR..
,%t If sivcs NO d"t"y and dos not Inform p HIM Of
the month or the year in whi IA single ono oi
these various times Is to De found. 1t fails to
furnish the defence any suggestion or hint on |
til" question Of time, and hence gives no oppor- |
tunity to disprovo tho charge by proving IN |
The fourth specification contains two propo- |
stions connected that the second is not intel
ligiblc except 10y reference to the first Tho |
crime. then. MS here charged against Dr. Tai. |
mage. consists in falsely accusing Hathaway ~ |
dishonest practices, or in DENYING that he had |
falsely thus accused him. or in both. This eN- |
lausis the possible imuOrt 81 the Language.
You must first nscrriain whether Hathaway il |
innocent NJ the charge OF dishonest practices. |
Before YOU convict DIR. Talmagc. you must vir-
tuav try and clear the character OF Hathaway,
rnd then you must penetrate tho very soul OF
DR. Talmagrs thoughts when he accused him.
| and Ind that he did not speak MS he thought
every view of the Specialization. and added:
Now. Mr.. Moderator, let me assure you IN all
sohrrnrss that am not playing any system OF
gymnastics over or attempting 90 drive coHch
and four through, the language ot the fourth
| specification. | nm dealing with tho language
Just MS il il written in the citation. The sprcih
! cation carries its death warrant upon its very
| face. aud does not present to this court atra-
| bic issue. such charge II presented TO civil
| tribunal. would BE- pitched overheard in two
! minutes. limit tho preliminary motion to
| these specifications, ns the counsel FOR Or;
| Tnlmnge have decided not to insist upon all
his rights IN the outset" .--,.,
| history Of the charges against Dr. Tamagr,
| and said thnt last spring he framed rcsou-
! ton. which he intended to Introduce in the
| Preshytcrv appointing n committee to confer
| with DR.. Tamage on the subject of the common
rumor then rXtaut. and a member ot tho Pros
| bytrry to whom ho communicated his design
| spoke TO Dr; Talmngr, and mo latter conlrrrrd
| Dr. Trniime@en ndded The speaier' TO bring
the question up on his own motion. and !
would move that he be- allowed to select his own
| committee. DR.. Tnlmagc. however. would not
| consent then on the ground that tp bring the
matter w would do harm to the church work
then in progress. and So let the matter drop
| This wiutcr, however, when tue charges we're
made anew involving alleged ialeehoods against
became Migrant. and were forced home to the
minds of many members Of the Prcsbytery. and
jrct before the Presbytery. The question of
Limitation. he averred. cannot be raised 10 the
first specification. because. although the acts
nre more than one year old and therefore they
are hevond the statute ~ Limitation. yet they
have become nagrRnt recently. and therefore
press upon tho notice Of the Preslytery. The
| charges may be rather indrnult". hut they are
the work Of five members Of the presbytery who
gave the subject careful consideration inc
prosecution did not fear the examination OF
NJ Hathaway i, Seemeh to thf spessdseT 'n nat
cnsed Mr. Hathaway ana then lh9t he denied lea
proved two falschoods instead Of one. " II Dr.,
can. D." said Mr. Crosby,
Dr. Spear said that DIR. Talmage did not in
tend to skuik behind techn icalities 60 escape
exposure or conceal guilt. He rebuSei any N
wished. however that DR.. Tnlmagc should. in
the event of his conviction have some proper
basis of an appcal to higher court.
Moderator Ludlow said that he decided in
refpren. to tn first. second ana fourth specin-
cations dat thay All mad IN them violation II
legged aci. more than year old. The discipline
said distinctly that in cases of scandal process
a Hts' committed. ~" Tho rule added. pio-
yded that the act had not recent
Offensive. The Prcshytery could not make a
matter fragrant. and then cite an accus al person
to APPEAR for trial because the matter has be-
come fragrant The waiver Of the accused 70
all objection to technicalities cannot extend the
iugisdcton OF TIE court to az inquiry d i2r,
its own law When they stepped outside Of the
jurisdiction they gave the accused man basis
sirAble 10 have the matter settled in the Brook
: lyn Prcshyiery. The Moderator. therefore.
lions named in Dir. Spears resolution;
A. soon as the Moderator was seated. DIR. Van
: Talmagc was first Recognized by DR.. Ludlow.
- feel very thankful said Dr. Tslmage
for the counsel hayo been permitted to re-
tain on this subject. II seems " me that they
! | have proved conclusively that this Presbytery
has no right to go Geyond one year on MS i,
4 | terian ministers all over this land protest. nG
against the outrageous violation Of church law
,. am glad ecclesiastical law Is on our side ms you
{. MIR Moderator. have decided but in the naln'
of the Lord Jesus Christ whose am aud WHO
:. / serve. demand an inquiry into all the speci
4 ncntions and the matters contained In them
Ts6a 40 ru teG that mas Is in that bpo 1 sup
y pose wake up in the dead OF nigh
10 stDn frst To- decide whether they came in tn
front way or In the back way, M from Tue Gel
IS lnr or down from the sky-loi,. The only lues
ri ton for me is howto put my hands on the as
Is sassins' throats and put them out II Is know
- the world over that an attempt mas been mad
ii 10 assass nato my character. and daggers hny
,r been lifted 20 do H. All want 10 know now u
: who are the assnssins. Then down with a
er when am Interested II is the court Of pub
l. lie opinion. No man can be indifferent To- IN
n oP'n nsaf1 I The Jury is imp3neiec
OF and want all the facts 10 come out before then
In TN have the facts come out either through tn
ms brooklyn Presbyterian the Kings County Gran
II. Jury. | want somehow 10 haye TINS Lrst SPEC
nnGIoh ri IN me- s W96Sc uhI made MO mistake.
nd simply took the Preseaauton that every III"
he In c"neinding Dr. TalmAge said that II
ih, would adopt a suggestion the Moderator Ia
SSss made in his speech in reference TO- Inc Drop,
ne way TO bring out the matters IN the SPECIFIC;
of | tions excluded. and after this trial he woul
nst avail himssli OF that privilege;
cd Of the Moderator the law by which he a
e' aumed TO amend the specifications and que
'eSlr upon rules OF order The Moderator said Tia
ct he would permit no criticism o. NJ conIuc'
by exclaimed that the Moderator WINS not the coul
~. DR.. Van Dyke still called for the chapter a.
eI. section Of the law: The Moderator deil,nea
&c. right SO 10 decide must furnish the law in su
.Sf 'Dr. Van Dyke-wm you allow me to
~ that?
Elm The Moderator-No. sir. not now
Dr. Van Dyke-I thought not.
Eel Half n dozen members OF the Presbytery d.
are gan eXctedy to declaim against the ModeT
es' tors construction OF his authority, II
me Moderator said that any brother had right
"" appeal from his decision. Brother Hasey
ged appealed. but in the excitement the appeal
forgotten. The Moderator said that he ct
az tainly regarded himself as having the right
"be decide the question. and he considered mat
de- was acting AS n presiding Judge. and that
nh had a right to enuncinte decision on the ley
D. Of the law, subject to the appeal OF any meml
lice DR.. Butler said that the Moderator positi
Sne was entirely unsustainable. and II the MOO
It rator So ruled. II other brethren would lon h
r Of he DR. Butsrl would protest against i. SIEVE
are brethren announced that they would Join
~ Butler. - e.,
rem Dr.. Van Dyke said that the Moderator. b
ioi rendered an usurped decision. lCries OF {
pon derl"" Orderr1 He had assumed the auth,
lar, fly OF r Chief Justice and he had reduced q
ised Court Of Jesus Christ TO mere jury to take
md law from him.
, SeS Mr. Willard sld that the defendant had be
D be called upon to plead. and he had pleaded to
nper jurisdiction Of the court. The Moderator. 81