The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-14
NOT LIFTED HIGH ENOUGH.
THE DEBT THAT KIMBILL HELPED
THE TABFRNA CHE RAISE
a Verdict H. Directed for Mr.. GeIaton on tho
Ground that nii the Bcst was not Covered
-GIns by Married W omen and Innsnts.

-GIrts by Married W omen aad Ian.nts.
Dcacons. elders, ccrgymon, politicians.
md church members struggled for good stand
ing room in Justice Bcynoldss court room in
Brooklyn yesterday 10 watch the conclusion Of
tho suit Of cx-Tru-toc W. j. Ocston agninsttho
trustees of the Brooklyn Tabernacle 10 recover
81 400 advanced by him as Treasurer. tho pay-
mont Of which was refused until Mr. OcAton
paid his 81 600 subscription toward the church
debt Mr. Oclsion avcrrcd tina; tho conditions
under which he subscribed the VI 900 had not
been complied with that the subscription had
been Obtained under false prctenscs that whore
the pastor announced that Henry =. Emore
tnpw accommodated from the Tabernacle for
immoraticsl had given $1,000. tho truth was
that MIR Elmorc Ind made the subscription on
tho condition that ho should have three years
60 nay It in that whore Mr. Kmball believing
the avermcnts Of tho Rev. +. Dewitt Talmagc
announced that the whole debt did not exceed
$4,000. the truth there was an indebted
ness thon OF t97 s0S.O6; that ut tho time OF a
jubilee over tho canccing of the debt, there
were valid and sUbsisting mortgages on the
very building IN which tho scene was enacted
amounting to 100000; aud that there are now
due and unpaid debts OF the Tabernacle
amounting to $4,000.
ID. +. Wells. c. ID. Wynkoop. and Alexander
Mclean testified. yesterday. that the subscrip-
Alpn linus WtIt uos phlh'u WIN hpuIlOuh huD-
scriptions They verified number Of subscIip-
tions.
The plaintiff. w. ]. Golston. having returned
from q two days absence In Wall street on be-
ing recalled testified that he heard the names
Of married women called out on the morning
and evening Of Feb H. He himself announced
subscriptions in the name OF friend Of the
church." He received subscriptions from an
usher and he banded them up 10 be- called out
from tho platform. Mr.. Geston said that In
eNory case the money he received as treasurer
HO positively swOre that no did not call upon
any one for u subscription.
Major u. II. Corwin the Superintendent OF tho
Sunday school. explained that the organ the
proceeds Of the sale OF which was claimed ~
part OF the assets toward paying tho church
debt. was q present to the church from Jardno
a Sons. after the OLD Tahernaclc was burned.
1t was given To- the Indies fair for the benefit OF
q fund to rebuild the church. When the Sun
day school subscriptions were made. the wit
ness subseribcd $500 for the teachers who were
absent. They did not authorize him TO sub.
scribe for thom. 1t wns publicly announced
that the sunday schools were To- have four years
AT the conclusion OF Mr. Corwin's testimony
tho deiendants counsel rested. and Justice
Reynolds reverted TO tho legal point in the case
which he suggested on the day before. namely.
rs to tho validity Of the subscriptions made by
Sunday school classes. married women and
MIR. A. W. Tenney. for the Tabernacle. argued
that the plaintiff had waived his right 10 hold to
this point by collecting and using the sulsrrip-
tions made in payment of his own indebted
ness. He was not in position to taka adyan-
tage OF that to which he was party. Further
more. as "a trustee. he had on March g. with
other trustees. voted TO go on and soil Ell other
anc further subscriptions. and completely TO
Judge Reynolds said that one Of tho conditions
announced by Mr. kimhall was that the whole
amount Of the debt, viii h wns i725oO should he
provided Tor and covered. or that none OF the
PENDANT must show that this condition had beet
complied with. or must show waiver on the
part Of the plaintiff Of the church's compliance
taft - off La
Lay College and the sunday school "a u whole.
could not mako LEGAL subs rlp,ions. bat Admit
these are legal subscriptions. innSmurh MS Mr..
kimball had solicited subscriptions from such
subscribed. knowing that subscriptions OF
That Kind Trre cont I'm Ea'fl To- meet ths
solicit subs riptons from married women and
intants. and that class OF subscriptions WIS not
dent Thess sHiscripti6ns were not l,sni The
trustees had the power lodged with them 90 pas -
upon the subscriptions. but they could not say
that the subscriptions, OF married women and
Infants were good subscriptions legally. Tho
Judge added that he had studied hard to fad
something IN the case To- throw the RESPONSE
bilty Of It's decision on the jury. but he could
not overcome the difficulty OF those Illegal sub
scriptous. " But he continued. " If you count
In all OF the subscriptions, both Of married
women and infants and Sunday school c.nsscs.
You don't make W The whole oi the dcDt
Yes we do shouted Mr.. TenueY.
No we don't" said Mr.. Morris
Yes we do, cried Nlr. Tenney again.
Nc we don't said Mr. Morris.
" Oh yes We do sang Mr.. Tenney in a higher
Tho Court then said that at any rate II the
subscriptions 81 the married women and Tho
children were not counted N. the amount would
Mr.. Tenpey road from Mr.. Kimhalrs ,tost.
monV "a follows. " | asked for individual sub
scriptions and also for associated subscriptions
from nssO. iations Of young people. or ~ the
Sabbath school. or OF departments or classes. IN
short. all VINO were accustomed to taAc part in
any OF their Institutional or eyangelistic work
as "A congregations.
md mario women. lLaughtcr.l Idont think
TINT you have shown a con pliHnce with the
against The plsintlr f6r his subscription. You
must now stand on his waiver OF MS right g.
insist on the conditions. He had no right 10 OBJ
struct the prosecution OF the object and II can
not be held That because he received payment
obtaining them. that that takes away any of the
conditions on which he sul- ribed. Therefore
the doctrine Of esiopual cannot be applied here.
Inc question OF consider1tion 1ns not boon
raised in this case, although the Court ~ Ap-
peals has held that any subscription 10 a
literary. charitable, or religious institution
10 not legal unless thcro In considcra-
ton, believe. though that subscriptions
can be taken in such a way so as to make
them legal and that j. BY signing paper. eX-
pressing value received; but there was no such
paper IN this case. | shall hold that there is
nothing for tho jury 70 decide in this case MS the
defendant has not shown such compliance
with the conditions as to make out counter
The Court then directed verdict for the
plalntifi for 81 fi34S, and granted stay Of pro-
ceedlngs pending an appeal, and formally de-
MED a motion for new trial. The jury was
then dismissed and another case was called.
Judgment against the Tabernacle was at once
entered upon behalf Of Mr.. Geston. IL cannot
be collected under the stay Of proceedings; but
the pantif' s counsel said that Mr.. Gelston.
who is a broker, is content with tho invest
ment The Court denied tho plaintiff s counsel
an allowance IN the casc.
The following is the hitherto missing reply TO
the frat Telegram Of the Rev. Y. Do Wit Tai
mage, asking Mr. Hobbs and Jno +. Talmage
his nephew. FOR the $1,000 suhscriutions
BlIrlSoRY, Jan 30 1879
n wiz Tthllys $50 O4fpri shef II s.,iyH, ~ l..
Twenty i've hundred uttermnst fsrthng afford
II you cauuut rssr debt with this amount from u, re-
sponsibitA Will rest ON you, not me JOnS r. 1ALN'rs
KetaIInting ut Law.
very young plaintiff. bright AMI rosy
checked little boy Of yesterday morning
running sround Part II. Of the Marine Court where
Judge Akcr was holding trial torn In October last III
Lnt.