The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-14
TALNAGE BEFORE THE SYNOD.
The Verdict of the Brooklyn PreSby-
terry 10 Be Reviewed.
A Rather Lively Session OF Pres
byterian Clergymen.

in Dr. Crosbys Church in Clinton street. and elected
Dr. G. H. Taylor moderator and DR.. o. d. st. John
| temporary clerk In view of the meeting OF the
! Synod of Long Island in Jamaica next Monday. and
the review of Dr. Talmage's trial by that body on
the appeal of the prosecution in the case. an inn
portant discussion in the Presbytery. Omit
ting technicalities, the discussion elected these
facts At the time of the trial In the spring COM
| mittee. of which the Rev. Mr.. Peck chair
| man. appointed to obtain the signatures OF
several witnesses that action to conform to
the requirements of the book Of discipline of the
| Presbyterian Church. This committee has failed up
to the present to do this 1t could not be done at
the time because the testimony was taken by stem
ographer and could not be written out for signature
The summer coming on sent many witnesses and
members OF the Presbytery out of the city. that
nothing attempted by the committee. At the
close of the trial also and when the Presbytery
quilted DIR. Tamage, an appeal was taken to the
Synod and a committee. of which DR.. Spear
counsel for Or. Talmage the triaD is
chairman, was appointed to defend the action of
the Presbytery before the higher court. The stated
clerk Rev. j. Milton Greene. by resolution first
ordered" to place the records of the Pres byery in
trial in the hands of Dr. Spears committee This
he declined to do, on the grounds that |. was dis
courteous to order him and that the constitution
forbade him put the records beyond the reach of
each and every member of the Presbytery who de-
sired to examine them. He then requested
to put them in charge of the librarian Of the Mer-
camille Library. where they have remained open to
the inspection of the Presbytery. On the approval
yesterday of the minutes of two meetings held in
July Dr. Spear entered his protest against what he
called assumption of the clerk that he the
custodian Of the records against the order OF the
Presbytery The clerk. he held. is only the servant
| of that body There is deficiency" he said. Gin
| % %l,ot$ al fhnn oh Nhoe
| have not yet supplied, though tho treasurer has
borrowed the money and paid the.debt" Among
the items OF expense in that case, as stated by the
trcasurers report. was S1.17O paid to the stenog-
rapher $40 for the prosecuting committee STA for
the jauitor, $50 for the sexton of the church and
SIS 26 for stationery. or total of s1.4Os But
there other items of expense which 1t Is said
aggregated $4,000 The minutes were APP
| proved notwithstanding DR.. Spears protest.
MR. CROsDy's EXTRA JUDICIAL ACTION.
When the report of Mr. peck's signature commit
called for he had none to present except his
failure, indicated above. Dr. Spear then asked
the Presbytery to adopt minute which should go
with the record to the Synod 1t stated that the
Presbytery had appointed the committee on
signatures OF Witnesses. that the committee
had failed to perform this duty. that it
is physically impossible before the
meeting of synod to obtain the signatures
Of witnesses and that therefore the go be-
fore that body. If at ALL without this Formally; that
in this neglect there was intention to disregard
the rule of the book of discipline the Presbytery
feels it duty to state the fact without excuse or
apology this failure. The Doctor said the Pres
bytery was liable to censure by Synod for this fail
ure to comply with mandatory rule He would not
argue before the Presbytery the question whether
the testimony be- brought before Synod without
the signature OF witnesses as he expected to argue
that in another place.
Dr. Crosby excused himself for not placing the
records in Mr.. Pecks committees hands because he
was using them IN preparing the appeal. Inc pros
ecurion's witnesses ready to sign. and he was
anna zed when he returned from his vacation aud
went to the library to find that the testimony had
not been signed. He therefore undertook the task,
of tho Witnesses for the prosecution and he had no
doubt the rest could be obtained before next Mon
dy. "And." he added lit will be very shabby ex-
for this Presbyery to say 1t physical i'm
possibility to do what is perfectly feasible
Dr. Spear chastity -Bywhat authority did Mr. Crosby
take upon himself to represent this body in what Is
purely judicial functions? Those signatures that he
has obtained more than so many marks in the
sand. The book requires that the testimony shall
be the witnesses in the presence of the Court
i constructivey SO in the presence of commission
appointed by the body, and be signed under the
solemnity as when they gave testimony to which
they subscribe. by what law of elective affinity
then did Mr. Crosby do this service for the
ton and not for tho defence?
A
DIR. Crosby-The rule OF the book Of discipline is
fulfilled by the witness reading that testimony
anywhere and at any time and signing it. There is
analogy for this practice in tho Surroeates Court.
whence testimony is sent all the country for
witnesses to sign. The Presbytery has heard the
testimony aud the witnesses have read it over and
signed it. And IL Mr. Peck's committee can't pro-
cure the other signatures by Monday move for the
appointment of another.
At Mr. Peck's request he was relieved and the Rev.
L. r. Foote appointed to this duty. On Mr.. Nc
Cullaghs motion then DR.. Spears minute was laid
on the table by vote OF IL to 1t. DIR. Spear then
moved that this committee be authorized to admin
lister oashs to the witnesses, well read the
testimony to them before they sign He did not APP
prove OF witnesses taking up and reading the testi
mony themselves, at their own convenience in the
absence of the party to be affected by it. 'This."
SAD he. lis contrary to the book
DI. crosby (sotto voce)-Pshaw!
lr. spear with dignifed contempt)-It is very
courteous for my friend to say ''Pshaw to man of
DR.. Crosby-I am afraid have lost all sense of
courtesy under the force Of the examples have had
DIR. Butler wanted the committee to follow the
| book; its words wise and sufficient.
mountains Of mole hills. They are intimatinD he
said. that there witnesses who would modify
tamper with their testimony. This kind of
forgery. he continued could easily be detected,
seeing that all the writing save the signatures.
is in the hand of the stenographer. He
dr. Van Dyke) had read and signed his own testi-
mony and would not be afraid to 60 before Synod
or General Assembly the order and legality of
such procedure. He never heard of man swearing
to his signature at the time he made 1t, this
motion proposes. If the resolution was adopted it
would throw out all testimony that had not been
signed under the solemnity OF an oath.
PREPARED THE CASE ON IT'S MERITS.
DIR. Spear amazed that "a man OF DIR. Van
Dykes standing and intelligence" should think that
he wanted the signature and not the testimony of
the witnesses sworn to- he had yet to learn that
stenogrAphy had changed fundamental law of the
Presby terrain Church; he prepared to 20 before
the synod of Long Island on the merits OF this ques
tion and If he not reach them there he will be-
fore the Christian public; but ho is not seeking to
throw this out of court, and will be very sorry,
indeed IL IL is thrown out. He is prepared to prove
that the verdict Of Presbytery is q righteous
Mr. williamson thought this very important
matter for upon ii might depend the character OF
member Of the Prosoytery Or. Butler thought the
| was withdrawn by mutual understanding that
! witnesses under the soemnity OF their oath
until their tcstimony-is read to them and signed by
thom. The committee were then ordered to read
the testimony to all witnesses alike and obtain their
signatures, thus making no account OF DR.. Crosbys
labors in this direction.