New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-24


NOTEWORTHY TRIALS RECALLED.
Much interest is felt in the trial of the Rev. l.
Dewitt Talmage by the Brooklyn Presbytery,
which will be begun today. The Rev. DIR. Spear
will appear as his counsel Twenty witnesses have
been summoned by the Prosecuting Committee, OF
which the Rev. Arthur Crosby is chairman. Inter
estng information is given in regard to Presbyterian
Church trials, the manner of conducting them and
the law of appeal.
USAGE IN THE PRESBYTERIAN CHURCH.
The Trial Of Mr.. TalnaSe by the Brooklyn
Presbytcry on charges of falsehoOd and deceit will
begin at p to-day. Ii will occupy two and possibly
three weeks About twenty witnesses have been cited
20 appear the part Of the prosecution and IN accord
nnce with the Presbyterian law tlcir names have been
served upon tue defendant II Is impossible TO tell how
many witnesses will be called by the defence. The
Prcsbytery Is composed OF about thirsy-fye or forty
ministers and about thirty elders from the various
churches included the body. These are not all in
Brooklyn, but embrace the Presbyterian Churches on
Staten Island well. Members OF the Presoytery are
not compelled attend the trial continuously in order
90 vote upon tho final issue. but 1t is expected that
one is compelled to be absent he Will iamiliarizo HIM
self with the testimony before voting.
The Rev. Dr. Samuel y. Spear who was requested by
Mr. Tamage of the recent meetings ~ the Pres
bytery appear his counsel has consented to do So
although thought at first tnat his health would not
labor The Prosecuting Committee is composed OF the
Rev Arthur Crosby Of the Second Church, aud tho Rev
Archibald McCuagh, of the Ross street Church Both
these clorgymen are unfamiliar with proceedings OF this
kind Mr. Crosby, who is nephew OF the Rev. Dr.
Howard Crosby stated recently that 10 was in novel
position 9s chairman OF this committee for he had never
even witnessed a church trial Active preparations for
the trial have making by both parties and unless
some unexpected delay shOnd occur, the examination
OF witucssc will b. begun to-day.
In view of the trial OF Mr. Talmage. much interest is
felt in the manner in which an ecclesiastical trial is
conducted The Rev. DR.. Henry J. Van Dyke. OF the
Clinton street Presbyterian Church, Brooklyn, who is
thoroughly cOnyersant with PRESBYTERIAN law and
usage gave recently to TRIBUNE reporter the follow
ing facts about the methods OF conducting trial OF this
kind:
"a tria in the Presbyterian Churchs similar in many
respects to o trial in the civil courts When charges
have been preferred against man he is in tho same
condition Is who is indicted BY the grand jury
Administer sueec to tria by the sbyt~ry with when
he is connected and layman by the Session OF the
church Of which he is member ana In
both cases appeal be taken to higher church court
One can appeal from the Session to The Presbytcry from
the Presbycry to the Synod aid from the synod to the
General Assembly, Just can be carried from the
Supreme Court to the General Term and thence TO the
Court Of Appeals. Our law however, was established
long before the Court OF Appeals.
In the Presbytery the moderator acts rs n presiding
u
dence is admitted and other evidence excluded but the
moderator decides upon every question it arises,
subject however TO appeal 10 tho Pcsbytery "a whole
mo l-.rsO1 and the mr.nbrrs OF the Prosecuting
Committee not permit d 20 vote on ne final ISSUE
but the other members Ol thc Iie@iytety Gct
as both judgcs ana jury. The Prosecuting Com
mittce I'm cases OF common fame, acts IN the
same capacity tho States Attorney. ana tho de
PENDANT rs allowed 10 coudu his or 10 employ
as counsel member al the body Professional legal
counsel not allowed O. appear win Tie exception
may be employed by the defendant. II man las no
standing, the Iresbytery appoints some ono to defend
METHOD OF EXAMINATION.
GAN Witnesses arc examined under oath, and tho
form OF the cath is prescribed by the Book Of
Discipline as follows: You soemnly promise. IN the
presence OF the omnscien and heart-Soarchins God,
that you Will declare the truth he whole truth, and
nothing but the truth. according to the best
OF your knowledge. IN the matter In which
you nre called TO witness. you shall answer
1t 70 the great Judge OF quick and dead
The authority OF 8n ecclesiastical body to
administer an oath based upon Hebrews vi, lG An
oath for confirmation end Of all strife There Is
no such ligS with Us as kissing tue bCOk-tha Ia mere
superstition Under the rules husband and wife aro not
compelled to give testimony AGAINST each other, bat
Ssbytr.@r CLurcn however is compcllrd 10 appear
as witness II summoned. If he dsObeys he Is cited
second te aud then he Is warned tina he Will be suS
pended for contumacy II he still refuses he sus-
censurc. whether he Is called for The prosecution
call as witnesses all the Pres'yterians IN Brook
iyn. ami there are about 1000 As to persons
not members OF our church. we can OnF request nom
witnesses; we have no power 10 eompe thtr
ATTENDANCE Witnesses examined first by the party
Introducing them thth they are cusS' 1l.eu ny tt
opposite party, ana afterward any member OF the court
S may %s1 9ed TO- the d.cnds he is 5trd TO
ask any questions tending to MS eXcupaton, and under
tended to him The Testimony is required TO be written
down and is then read to The witness, and usually he
ofixps his signature to IT, This was done long before
stenoraphCrs were heard Of, and IS necessary
In order that the case NAV be reviewed
Inv he v.
Either party appeal case. aud any mom1er OF the
court my cgmfSm o I any ~ tbe Church has Tat
tog can be submitted to the judgment OF tie whole
clurch do not see how larger liberty can De- granted
10 any man. We think that the General Assembly Is
If man is not sasded with the decision of that body,
ali he do to appeal to the Judgment day and wait
AN OPPORTUNITY FOR YINDICAToN.
Gan this talk about prosecuting a man because
charges preferred against him bosh and nonsense
man who Is accused is in better position than one
who is not he gwen opportunity for bis com
plete yindoation. More weight is attached to the
equities If the than TO the technicaliucs Of the law
and IL man depends tcchnicacs lie kills his case
The first step any 10 give to the defendant
copy of the charges and specifications together with
The names of the witnesses be called by the prOsecu
ton and then the prosecution IS not allowed to call any
other witnesses except TO lmpeach the testimony gwen
the other side The defendant mas me auySnSe o.
not Obliged to furnish the names OF ms Witnesses
After tine testimony is all gwen the case is summed
up. defence
The roll called for expressions Of opinion and
every Iueuber OF the PresDytery has rlght tOnake
speech The roll called a second time ana the vote
taken sustaining or not sustaining INC charges
member allowed TO vote to sustain part INT not
the whole Of the charges and specifications com
mittec usually next appointed 10 prepare minute
mist be recorded; IN other words the Jury Is yol!ed
the accused person declared guilty he Is subject To-
admon ion, oeusure, suspension or CxcotnmuhlcatlOn
DR. Van Dyke declined to express any opinion ia
reference To The case of Mr.. TalmGge He said that IL
was impossible state how much ume would be ocGu-
MED by The trial There twenty witnesses for the
irosecuion and III his opinion their examination would
moi consume IuOre than twelve consecutive hours. IAe
trial might De much prolonged by objections ana aru-