New-York tribune., 1879-03-25

that the fourth specification locates the said offence IN
difficulty in understanding these accusatlons yeL so
far far as wO have been able to get at their their
|saS s Ss have we no f5s fdsndnCS in TStn The
Dr. Talmage cannot silently consent that he shai! be
trial court and as such TO Judge, both of the law and
fact, for alleged offences that are eXeinoeG from rom
second the offences which the Court has now no
jurisdiction. move for separate rulings on me IU d
ing items First that specification hrIt may De erif @
from list and dismissed second that t19 ste s ~
rOsal be made Of specification second tIr, t, t"' nm
same disposal be made Of specification iOhrlh' "hi
speaking to tlat notion
Mr.. McCulagh-Is that motion seconded oo,r.
DR. Spear-Tt needs secODdiDg IhlS Is Il court. go,
Mr.. McCulagn-Then rise to point OF orueT w VIII "a
his whole matter as out OF order NY pOlht Vi oIu'
''r Dr. spcar-Mr ENTHUSIASTICALLY
MI. McCullagh-I au speaking ana nave tie nOOI. -
Dr. Sn ar-I au speaking as counsel TO the judge OF
tie Court and no point OF order can DC naoe against
The Moderator-T will hear the poiat of order
Mr.. McCulash-Mr Moderator. at prevonS ineetlng i
and learning that our e!oquIlit p.u'aSi | - !. fbcn
bear upon brought to bear upon H. ana "d' '"'
Tie Moderaior-I must insist the following order
The point before the Court s sha thi TtsoTrJh i ~
hear DR.. spear that point. ,. W.
Dr. spear VIII maEe brief statement gd RooS a0S
Of Discipline in citing NJ, Mr lainSgS nieS,,,opS
@PPeaG PPan yon have read to him the accusatios lie
has sponded declaring his innocence thereof ana AZ
this stage OF The motion ne asks Ii 0T1 70 ~ anv
Mr.. MScmiash-Can an accused party ask that the
Indictment against him be quashedi
Dr Spcar-Ma5t certainly lie can. f.,o
TIE fdcrat0r-I ask the brother II ne asks Iof tue
Mr. McCuliagh-No VIII not insist on it.
DETECTING To VOTES OF COUNSEL.
Dr. Spear here stated again his motion for separate
lnliDgs addressing himself distinctly 20 the moderator
az the presiding judge. The moderator again announced
that he decided the motion be in order, and put the
question of appeal TO the house on rising vote Tie
moment these favor of reversing the decision rose Dr.
Spear exclaimed with some irony The counsel cannot
vote on this question. Two OF the brethren
are up" This reference to Mr.. Crosby and Mr McGnl-
laqh who were their lee greeted win CONSIDER
able laughter gentlemen hastily sat down WIN
dcprecatng gestures. DR.. Van Dyke demanded |here
tins question. Would the counsel show hlm inc me
standing when interrupted by Mr. Crosby 10 sald be
should iEe the question decided rs be was going to
vntn at ali ne wanted to vote or this question.
The moderator decided that counsel cOaid not vote.
Mr.. Crosby at once declared that he appealed from
Dr. Van Dyke insisted that the rule of OF Ter said that
copuse ri could no vote he hnal decision, hut there
was nothing to precude them from voting lu any pre-
miuary current prOcecdinE ana Unless they cou;d
he declared not members the Presbytery they could
Dr. spear IN iurn insisted that counsel should not
vote; tngtcommon sense-pialh oI a,luhS,t cVnio M on
scnselctttrd with as clear pfGprlety rs coha Oe m
dIcated by a thousand books that Counsel stanaing
opposed each other ought not to vote on any question
Mr. Milard said 1t was practically an nntmrortant
The honOrs we're easy mere, ana u couhse OF
ore side V0et, the others would have to-
Nlr Crosby mere Withdrew his appeal, saJ ing nc dd
I'm. incdc.or accordingly put the question of
tanning the app al from The decision Of TIE chair hrG
By rising VOC oi II To- ~ tAe appti wac UI M &
and the moderator announced lbit Ihe "i-licH on t,5
motion to strike out these three specifications cOud
proceed. =.
Dr. Sp,ar-Wil you allow one single wCTd Mr..
Mod,raorl The counsel Of, Dr. Iaimaee cannot
Scn,9 now organIzcd as ira court and as sich
judge Of both Of law and fact for alesed ohences mat
aic excluded from such trial 10y the Book OF Discipline
and oduenly ornc which the Court has now
no jurisdiction. / regard these ALLEGED offences as de-
aIGued '9g pom po,ucnt M Srcsioto fbpS arcpmci
object 10 he second specification because IT does not
conform to the rue of the Book Of DiCpnc, Chap A.
See :, which requires that III atCcpthS ,haIg,s 'he
asccrtaiued and stated, IN order thal thc
accused may have v,oDnto an @Pr0rtIgnyt cIdHte hs }s
offences Charges IN the sense o. the book Of Discipline
haye o s% Of Rq'5meP eeG ID prdGe TGa tue %
Indicted party shall be properly informed beforehand
circumstances of the ofence charged against him. tbat
ne NAV know ha, he has meet AMI how to prepare
hi defence. Tie principle Is obviously lust. and DO in
dctmrut is good that violates IT, su'hit lof Eout
ruling that he second specification does ~ the most
ne by reading the second specification - 49,.
tnued " quite that this count in the indct-
nent vas not drawn up by ia"yfr !eTe Is bnt
0 Quite s bS there is absoutdy no PresbYtcra
IL.
ma, in brief ANALYSIS Of this question. You will observe
that II refers to varous times at when Dr. Talmagc
date of any one of these various times. 1t
does not inform him OF the month or year
on time nor opportunity dsprove the charge by PROV
ing On aliD Various times" will catch any man: no
cr"r that it ~ Said that Dr. Tamise published
something" Where did he publish III lis pulpit IL
Who d'd he allow TO publish II ne df not Hmss cdse1
o1 vi m Z "A
scrIbcd as closely associated with Dr: Tamage.
1t certainly includes his wiie ana children E,n Mno
/ should think it might include tne elders of his
cbnrch: very many, IL not all of b7 congregation.
embrace hundrcds-perhaps thousands-Of people:
Now OF Ills entire list, not woman not
ore child, not a LIVING human beng IS named
what do iD he pu6hsal The answer is that he pu6-
shcd or allowed others to publish wilhout contradict
ipg them statements which be knew to be false. or
calculated to give false impression. ..
never before found in an indictment. II Is iust as
unique as my friend Dr. Talmagc. IL gives him no
selves IN respect TO time. place or cont nts;
One thing more. All this mass OF ambiguity charged
against Dr. Taimage relates 10 me defence OF MS aGon
aud statements referred TO IN this eclhcatGn Ihat
say ne The things charged, allowed others TO do
them IN defending bis action, and Di. Talnage
10 the statements which he published, or
allowed Others TO publish, as charged IA thf second
speeficatl"n All iAit Nc learns rs nat tnere
tion were defence OF his withdrawal from The chris
tan WO,E aud certain statements which he made
az charged IN the first spCcllcaton What the latter
aiemtnts were he is not informed any E"re.
CAUsTIC CRITICISM by DIR. SPEAR.
Now, Mr. Moderator have for few days past been
rather closely associated with some OF the people
closely associated with DR.. Talmage We have q! Dech
studying TIE language OF the second specification and
We have all been In the fault. submit fer ruling
that a charge made in such Indefinite language, 80
loaded wiS ambiguity utterly heref Of all nforina
ton as to accused party 10 times places, and cir
cumstarces is absolutely charge at all
in the selsc Of tho Book Of Discipline. IL is