New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-04
CONDUCT OF THE TALMAGE TRIAL.

LAMFSTABLE IGNOBAHCE OF THE JUST MODE or
PRocEDURE-THE RULES GDyERSING PREsDY
TIRAN COURT GROSSLY vGoLArED-THE METHOD
PIEsCaBED By AUTHORITY.
! To the razor Of me Irtbune.
SIR: While the tral of DR.. Tsimaga is
gong Oh before the eec.osasca judcltory winch he
Is amen able less important trIl by newspaper"
IS also ~ process IN both courts there is greater
lack Of geuce information, knowledge as 10 the
iust mode OF procedure than OF fairness and impayt
atty. Your very clever and conscientious reporter
from very pardOnabe ignorance OF the constitution.
], gsatiOn ana Jurisprudence OF the Presbyterian
Church, fails venture TO think, in presenting TO your
readers the OF the trial In proper perspective
The most important pODtin tine proceedings, far
was the rulu ~ tho Moderator wednesday which
led Dr.. Van Dykes protest OF Thursday. Tnat dOcu
IL eut deserved TO given full In your columns and
tho principles 1t hand ed to be put IN the fore
ground For 1t not protest against The exclusion
OF letter, most present seemed 10 think but
acslno, the assumption by III. Moderator Of powers
which oven the General Assembly does not possess. In
Iuiug out "hearsay evidence" as he pleased TO call
it, aud III combining the Pfesbytery 10 the English
mon law rules of evidence DR.. Ludlow tramp.ed
On tho constitution OF the Presbyterian Church. disre
g4rded the plan tenor Of the Book Of Discipline and
traVcrsed the cots. sOns presidents OF neafy
thr-e uuudred Aud the most amazing thing is
tina; he supposed that he deciding point of order
majority Of the PrcsbYtery cqulY uniformed, sus-
taiDcd him. ana there nothing left Dr. Van Dyke but
~ ms protest with reasons protest II made in
respectful language, the PFesDytery is bound
upon mnUtes quo motion is necessary and II remains
for the inspection Of the uicatOies at
thcir annual meeting. No matter what be the re-
suit OF the present trial. the Prcsbytery Of Brooklyn
Will nd when their records up for review before
thc 81 nod and General Assembly, that tboy have by
! tlis act. l3jd Themselves open 10 grave ccnsurc
The Prcsby Church In the Uated States IL "a
well known is the daughter OF tn Kirk OF Scotland,
poe sessng the formulas OF doctrine, the same
mode OF worship tho principles OF order and discI
pine tbs same rules Of urisprudsncs. legal procedure
and evidence Scottish precedents quoted in our
courts ~ English common law precedents and
referred the civil courts Scotch eccieslas ica law
Is naturally the ref ction OF Scotch evil Law, when is
| VIGOROUSLY ased not much Anglo-SaKOn AS on
Roman Law. deriving not from usage but from
tie Pandects Of Justnsn the whole Corpus Jnrs Cvs.
There is consequently analogy between Presby
| Church courts and the civil courts OF England and
| America. The analogy rather with the Scotch.
French and German courts which In their procedure
| continue "a or less modified form the principles
| Of pleading Lard down by the old Roman writer's Now
the occesastic ruo OF evidence is neither
vague nor uncertain hard find out IL is plainly
laid down the Book OF Discipline. eiucdated IN the
Digest Of the Acts Of the General Assembly, and is IN
constant the nearly thousand congregations
| OF the various branches Of the Presbyterian body
That rule simply is 10 hear eyeryt lining that bears
| upon tho subject from accussr, socused OF
dsnterested party the triers themselves OF
not everything Is OF equal value. hut this is borne ~
mind IA reaching the result There Is rule against
heaIssy evidence or against leading questonsi the