New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-03-09
THE COURTS.
BISHOP HAREs Defence.


THE PAMPHLET DECLARED LIBELLoUs BY MIR.
HINMAN WRITTEN UNDER A PAINFUL SENSE OF
DUTY.
The trial Of the suit of Samuel ID. Human
against Bishop to S25 as an
alleged libel continued yesterday before Justice Van
Worst, I'm the Supreme Court. Mrs Elizabeth W. Hall
testified that she had received tho pamphlet containing
the alleged libel marked with the initials "W II. H."
Mr. Hnman then testified to having received this from
Mrs. Hall and said that the initials in the hand
writing of Bishop Hare The deposition Of James X. Fra
zer OF Sioux City, Iowa, next read Frazer the
printer who set up the "copy" OF the pamphlet. He
sald he received instruction from Bishop Hare not to
ao" anyone to see the pamphlet and 10 distribute tho
type as soon as the copies had been struck of.
NO other witnesses were called the part Of Mr..
Hinman and stephen p. Nash presented to the Jury
Bishop Hares defence Mr. Nash SAID, in regard % tho
charge which had been made that Bishop Hare had ef
feced his election Bishop by in trigue, that
mad been literally seized upon by the House OF Bishops
for this Office and much against his will, had been sent
to the superintendent Of difficult and in
no way attractive work. Bishop Hare had no
sooner reached his diocese than he heard
charges against Mr. Humans chastity and general
Of life, which came from which COM
manded bis taking notice OF them He spoke TO Mr.. Hin
man Of the charges against him, and at his Mr. Hin
mans request an investigation had before Bishops
Whpple. Clarkson and Hare. The charges could not be
was more rcoced at the result OF the investigation than
Bishop Hare, who himself drew up tie finding OF tho
court So far had Bishop Hare been from macously In
volvng Mr. Hinman I'm the Investigation, using any
improper means TO procure his condemnation,
that he had befriended him throughout the TRIAL This
not the first investigation to which Mr.. Human had
been subjected. He had been tried a charge Of
chastity three years before Bishop Hare went TO Nj
obrara Bishop had also been accused Of deprving
Mr. Human OF his property. There basis TO this
accusation. The Bishop had acted in accordance with
resolution OF the General Convention OF his church.
which placed all the missionary property OF NiObrara in
the sole charge Of the Bishop of the diocese.
When Mr.. Human was suspended as mis-
sionary, he was undoubtedly placed in
Geplorable condition He placed in the position OF
man who had lost his reputation, and with his work
and sphere of work -,
Bishop Hare, Mr. Nash said in no way responsible
for the position in which Mr. Human had laced him
self by his conduct. IL not true that Mr. Hlnman
was entitled to trial before he could be dismissed He
was employed by the year or at will and hen his repl
tatiOn lost whether rightly or Wrongly MS power
of usefulness in missionary work wac gone hIu
BsnOp Hare Obliged to dismiss him, however PAIN
ful the duty might be- II absolutely essential that
the who carrying on the work OF eeVatngths
morals and civilization Of the Indians should them
selves only exhibit correct and moral lives, but
should also be believed TO be correct and moral In their
have abandoned his work II he had been Obliged 10
tain assistants who were not respected or trusted Mr.
Human dismissed, but trial according to the forms
of the church awarded HIM, as far as the
circumstances Of the diocese would permit There were
only twelve cergymen In the diocese they lived at dis
rant and almost nacc sble places; they were inexpcr
eneed such matters, and all these accounts the
trial fell through Mr., Human himseH did everything
i'm his power hinder the speedy termination OF tnc
trial and full ard fair Investigation In the
progress this trial he appealed 10 the church pub
lie" and Published the first libel IN the whole cOntro
yersy Bishop Hare then wrote his pamphlet, when
was directed to his supeTtuTs in Office, IN answer 10 te
aitnck OF Mr. Human He wrote this pamphlet Ii me
performance official duty aud the COMMUNICATION WIS
as priyileged the belOu- speech II Mr. HnHELs at
tornev. Bishop IIares motive In writing the pamphlet
was expressed In the closing sentence OF IT, III which ne
declared duty by him had ever been performed
with such uuWliugncEs ami sOrrUW. IL was done
under overwhelming sense Of duty to his Maker ana
his sacred Office =. 80, -,
The first witness for the defence was Mrs Elizabeth
Hall who had previously examined Ia bchdf 81 the
plaintiff. She testified in substance that she had re-
ceved manuscript form two articles written DJ ME-
Hinmau which she afterward caused 70 be printed
without his knowledge or authority. The cost 81
publication was dcfray ed by her friends The next VII
ness was Dr. living, who said that he had Orered IL
present Board or Missions communication rom
tlr Hnman, which the Board refused 10 hear read
the communication read. The witness also identified
letter wri ten TO him by Mr. Human IN Wuoh tue latter
said wrong had been done him 10y the Boah In retuS-
ing hear his communication He had buih up the
work in kiObraTa and foe eleven years had
the sole legal proprietor OF all the airy prop
erty there. Part Of the property was his own and NJ
cuded his homestead, where his wife lay buried When
Welded tins property TO Bishop Hare IL had been
that he should continue To ENJOY
hi, homestead and his salary. The case VIII be eonti-
ued to-day.