Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-05-05
MORE TROUBLE In CHURCH
THE DELIWIRE CRY EI'fSGOF.l
LIANS CONF INTO THE COUHI.
The Chancellor Issues An order
Restraining the RectOr's Party
from Interfering.

Special Correspondence Of state journal
DOVER, April 27.-Messrs. Bates Il Hal-
rinston filed to-day before Chancellor Sauls-
bury bill of injunction in the case of Christ
Church Of Delaware City and others, against
Row Henry l.. Phillips. rector of said church,
and others. The Chancellor granted ali order
restraining the Rev. Henry Il. Phillips, l;ey.
kensey j. Stewart, and the parties who
claimed to be yestry IN Phillips interest,
from i'll any way interfering with the church
property or entering the church, except iur
the purpose of attending divine service. and
directed rule TO issue to show cause why an
injunction should not be granted. The hear
ing under the rule was liked for May 9Th.
WHAT THEY ASKED FOR.
The parties named Ill the application for AN
injunction are Christ Church OF Delaware
City, Il corporation of tho State OF Delaware
Joseph 5. Dunlap, Peter Kline, Arthur
COlburn, Charles u. Ash, George f. Brady
Charles Kirby, Andrew r. Mitchell and
Nicholas q. Price, wardens and vestrymen OF
said church, petitioners, vs. Rev. Henry T..
Phillips, Rev. kensey Johns Stewart, Everett
VonCuhn, Clayton VonCulin, Isaac Hunter
Mark NJ. Kirby and Henry Bigger.
The petitioners set forth: Fmst-That
Christ Church was duly organized under Il
legislative act of incorporation, and admitted
| to union with the Protestant Episcopal
Church Ill the Diocese OF Delaware i'll accord
ance with the provisions OF the constitution
and the caiIons thereof.
SecCnd-rhat OH Easter Monday, April
| 18th, an annual election was duly and resu-
| larly held i'll said church at which the petit
TONERS were duly and legally elected vestry-
men for u period OF one year that ilnine-
| diately after said election they organized by
choosing Joseph 5. Dunlap as Senior Warden,
| Peter Kline as Junior Warden and Charles q.
Ash as Secretary and that the petitioners
are in every way legally entitled to the charge
| and control OF the church property aud the
| regulation of all its temporal concerns.
| lhird-Ihat Henry Il. Phillips was formerly
rector Of said churcn that differences having
| arisen between the said Phillips and the
| former vestry, said differences were duly re-
| ferred to bishop Lee for settlement, ana the
| Bishop, acting under the counsel and advice
| OF the standing committee and Ill pursuance
| of the canonB of the church, did, on tue Esd
| OF March, pronounce and determine that the
| pastoral connection between the sald Phillips
| and the said Christ Church should cease and
| determine at IL p. III. of April 18th, 1881,
| Easter Sunday, and did notify the said
| Phillips and the said vestry of such decision,
| by virtue OF which the SAID Philips did cease
to be rector OF sand church and the said
| Joseph 5. Dunlap became presiding officer OF
| the vestry.
Fourth-That the said Phillips not regard
ing the Bishops decree, neglected and
refused to surrender to the vestry such
property and records of the church as are i'll
his possession, and that he, with the Other
defendants, did unlawiully enter into said
church, against the consent OF the yestry, and
| attempted to interfere with, prevent and dis
| turb the election of the vestry by the quail
| fled voters of the church and did and still
| does threaten to unlawfully and forciDlv take
| and hold possession of the church and to per.
| form services therein against the consent OF
| the legally elected vestry that the said
Phillips and Stewart did on Easter Monday
| unlawiully attempt to hold divine service
| there, without the consent OF the authorities
thereof and for the purpose Of interrupting
the election then being held and that the
| said defendants or some one of them did .e-
| move the locks from certain doors OF the
| church, bar the doors by which the congre'
| cation are accustomed to enter, retain the
Key of the vestry room and have prevented
the choir from entering the church that, the
said Phillips having refused 10 comply with
the arbitration OF the Bishop and having
undertaken to hold service Ill derogation ol
hls authority, the Bishop did, on the 10th 0l
| April, duly Issue an Inhibition against SAID
Phillips which was duly served upon him OIL
the 2lst of April.
Fifth-rhat after the inhibition, the de
PENDANTS entered into combination for the
|
to nulhiy the same, and did pretend to holt
an election for yestrymen which WAS i'll NJ
respects illegal, unauthorized and void.
SIxth--lhat the petitioners did unanilnousl,
and with the approval OF the bishop reques
the Rev. John W. Kaye TO olliclate i'll til,
church on Sunday, April 2ith, but the SAT-
Stewart refused to permit him to olliciate
| Wherefore, the petitioners pray:
First--lhat the defendants be directed Il
fully and truly answer this bill OF complaint
Second-Ihat the said Phillips and Stewar
be restrained from performing any minis
terlal act or function Ill said church or parish
from interfering III any manner with th'
church building or other property OF the con
gregatlon, and from going into the church
except as ordinary attendants on DIVINE
worship; and, that II preliminary injunction
may Issue to restrain the defendants, thei
agents and servants, III like manner, until TIL
further order of the Chancellor.
Third-That the petitioners may have suel
further or other relief rs the nature Of TIL
case may require.
Fourth-Ihat subpnnas may issue for tn
appearance of the defendants before tn
Chancellor
A FEW WORDS.
The trouble between the rector and hi
party and the rest of his congregation is on
of long standing. Most of the members an,
attendants OF the church wished to get rid o
Mr.. Phillips, but he refused and still refuse
to go. On Easter Monday the annual election
for the yestrymen was held III the church II
the midst OF u scene Of wild disorder, reseul
bling in smaller degree the Republican loy
feast held at this place Dover) last summer
Both factions claimed to elect set OF vestry
men, the Phillips men holding their election
first. While the other election was Ill plo
gress, the rector ond DR.. Stewart entered tn
chancel and proceeded, without robing a
usual, to celebrate divine service, thus inter
rupting the election. After this followed
harangue from the pulpit. Harsh word
were banded and All officer was called in I
preserve the peace.
Subsequently, Rev. j. W. Kaye was invite
to conduct the services and he appeared thcr
last sunday for that purpose. The treatmel
which he met with was fully reported in la