The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-27
HOLDING FAST TO THE LAW.
4 sHiRp DEB.f7E IBOUT Evidence IN
DE HITT TILMIGE'S TRIIL.

Dr. 1nlmngc aud the Christian at Work.
At about twcnty minutes past Yesterday
afternoon. when Moderator Ludlow's gravel fell
in the Second Presbyterian Church in brooklyn
the nny Proshytcrs who 0re trying the Rcv r.
Do Witt Vulmagc on charges VI fulsehood and
deceit were in their reserved seats in the centre
part ot the house. and all about them was n
parcrre OF millinery. which was kept in restless
motion as the trial grew interesting The
gallery rail was irngcd on two sides OF tho
rectanglc with womens faces. The throng
however was greatly diminished by the door
keepers. who closed tho inside doors after the
seats on the inside were apparently filed The
outside doors remained open. and the throng
struggled within sight of the Prcsbytcrs. the
noise made causing 50 much confusion that
threats Of holding the session with closed doors
began to be freely made The clerk read his
minutes from n tiny note book, and then the
Moderator announced tho order that he had
given, SO Ms to diminish the throng
Clerk Greene said that 1t cost from 900 to $40
n day to run tho trial. and So day more for
extra ianitors.
The Moderator said he had made the rule Tn
the interest Of the public as it would prevent
what Otherwise seemed inevitable. namely the
sitting with closed doors. Ono brother asked II
It hadn't occurred to any Of the brethren that
they could have the police guard the entrances
who's to uay for il ?" asked another
In tho rear Of tho Prcsbytcrs sat a largo num-
Der Of visiting clcrgymen. and in one corner Of
the room was \ party Of lawyers.
Mr. Ephnet Remington's examination az a
witness was continued. The Rev. Arthur Cros-
by conducted the examination. reading most
OF his questions from note book. \ leading
question. one referring 20 hcarsay testimony.
or TO the Witnesses opinions. instantly brought
IL.
his feet with uplifted finger and an objection.
Mr.. Remington is middle-aced. with bright
and piercing brown eyes. black whlskers turn
INK gray. and black hair. Continuing his tcs-
timony Ms to DR.. Talmages leaving the Chris
han al Work. he said:
/ never wrote to DIR. Talmngc in the fall Of
1876 asking him not TO go. / said that unless
he would be satisfied with much smaller
salary. which l really was paying. he might as
well write his valedictory. 1 told him that the
expense upon me was greater than could bear
and | could not continue to sustnn the expenses
nlone. told him that he had not enlisted any
Of his friends in the support OF the paper as
had hoped. and my adopting his suggestion in
getting Mr.. b. r. Corwin as publisher and his
tDr Talmagesl failure TO comply with the con-
dtion he named at the time had increased my
BURDEN lsTr. Remington testified on Tuesday
that Dr. Talmage said that II Mr.. Corwin did
not make the paper successful DR.. Talmnge
would serve the Christian at Work year for
noihinGl
Q-Had you any reason 10 suppose that Dr.
Tamage was not going TO leave in the fall. A..
1had The publisher whom we had engaged at
Dr. Talmage's suggestion had made shortly
prior 10 his leaving tho paper-had made or
attempted TO make-R five years lease Of prem
ises TO be occupied Tor the publication Of the
paper; Ihat was IL the spring OF 1876. re-
ceived circular from Mr. Dicainson-A circu-
lar Tor the new ysar-containing DR.. Talmuge's
name rs one Of the editors. and. remembering
what Dr. Talmage had written 10 me from Mon
treal. wrote TO Mr.. Dickinson 10 see DR.. Tai
mage. so that We would not be making prom
ises We could no. fuh and / wanted TO see il
Mr.. Dickinson wrote me that he had seen DR..
Talmage. and that DR.. Tamage had no change
Mr. Crosby offered an interview with DR..
Talmage published in a New York paper on
made By DR.. Talmage As there had been no
denial oil this. and similar interviews. from DR..
view as prma facie evidence that Dr. Talmage
made the ayerments in i SO as TO throw upon
him the burden OF proof that he did not make
them. or ~ least 70 obtain from him an explicit
denial under oath. DR.. Tamage should say
that he did not make these ayerments. or
he would stand before the world as
having acted in 2 dishoporable and de-
the application Of the rules Of evidence. when
obtain In the civil courts. would get the PresbY
terry INTO lheAtFlchDlt CONFUSION. lNlS course
might be in the interest Of the defence but il
certainly was not in the interest OF the truth.
The rules 81 evidence were not made for such
case as this. There was no such crime as
falsehood and deceit known 10 the law. The
desire OF the Prcsbytery was TO get at the facts.
and the members could Judge OF the relevancy
OF the evidence after IL was introduced. as well
as the opposing counsel could determine the
fact before 1t was admitted. He offered three
newspaper reports OF interviews with Dir. Tai
mage. published respectively in the World
Eagle. and 7fiJtne on Oct. u. ii, and II. 1876
nFnnOGul a
looked upon II almost ms joke. very much like
that Of the. other counsel for the prosecution
thr. McCullaghl when he asked: Can m ac-
cnsed party ask that the indictment against him
b. qugsshed r. That was Joke. too. Laugh
teri The rules OF evidence were founded on
common law which was founded on the COM
mon sense OF ages.
the rules 81 evidence, which are recognized
wherever the English language Is spoken.
These exclude hearsay testimony. He there
Tore ruled out the newspaper articles that Mr..
.Mrcrosby appealed from the Moderator's de-
cision. The Presbytery by vote Of IS TO IL re-
fused 10 sustain the appeal. The Moderator
then announced his decis On rs that Of the body
Dr.. Van Dyke gave notice that he would
ton OF the Presbytery and that he
would couple the protest With a complaint
sequenty explained that he did this to put him
sell right on {he record IL 4, case there was an
common law" he said 20 the reporter. we fol-
low the old Justnian code"
ness of the company WINS largely increased
under DR.. Tamage's editorial management. /
frequently spoke with DR.. Talmage relative %
the sale Of the paper ] made him aware that
desired 10 sell out the paper AT DR., Talmage's
invitation went TO his use one evening. and
there met Mr.. Haock. whom DR.. Talinage said
he desired to have me see with reference 10 the
sale OF the paper Dr. Talmage excused the
absence OF other gentlemen, AS ! expected TO
meet more thun one person. We discussed the
proposed sale Of the paper. the value. g.. The
interview occurred in March, 1873. but | could
not say positively rs 70 the dnte or whether il
was before or after Mr.. CorWiu's withdrawal.
Mr.. Halock afterward purchased the puper.
Tho sale was cousummated on oct II 1876.
The paper could not have been legally sold
without the consent u the trustees and that
consent was obtained on the day Of the sain or
Just before. had no reason 10 suppose Tint
the sale Of the paper 10 Mr. Haork would
prove dispensing 70 Or. YAlmage had the
contrary feeling Mr.. Hallock expected that
DIR. Idlmage would remain.
DR.. LudiOW-Mns that negotiation made on
tho assumption that DR.. Talmage understood
Mr.. Remington-Mr Hallock said that he ex-
pected that Dr. Taimnge would remain.
Mr.. Crosby said he would prove that Dr.
TalmHge knew Of this negotiation between Mr..
Bennington and Mr. HallOck.
Mr.. ReminetOn-I did not attempt 10 sell Mr..
Talmnges services with the paper. | asked
Nr. HAliOck II the sale Of the paper depended
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