Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-23
AGNoSTcS IN COURT.
AEIETEREsT1EG CASE.


sesss
fBy telegraph 10 the Dispatch.l
CHICAGO, December GA new
point OF law under the Constitution OF
1870 Of the Ststs Of Illinois was raised
IN the trial OF the cause Of the " State
against Robert Heriel," charged with
fraud and conspiracy. Il was claimed
be had defranded certain people o1t Of
$1,000 Eugens Prussing was an es-
sential witness for the prosecution.
When he was called the defendant s
counsel, Dikeman, Intercepted him as
TO his competency.
Dikeman - DO you believe IN the
inspiration Of the Holy Scriptures y
PrussIns mo, ST.
Dikeuiau: - DO you believe IN an
everything God:"
/ Prussing No, SIT"
Defendant counsel claimed that un-
der The laws OF Illinois the defendant
was not q competent witness. lie read
the Statute, the Constitution, and sew
era rulings upon the question.
The States attorney ana Judge Shep-
hard were taken by surprise, and the
( question was held under Amusement.
( This morning PrussIng, with an arm
ful Of lav-books, was II the courtroom.
lie was accompanied by General Stiles
ano several members Of the Society for
Ethical Culture.
Judge Sheppard said be regretted that
be had been unable 70 find authorities
which fully satisfied ms mind, and ne
would like TO hear arguments on the
competency Of Prussing as 3 witness.
Judge Sheppard asked Prussins
" Doyou believe II az overriding Prov
deDce. call il by whatever name You
please. God or anything else. which
makes man accountable II future eX-
isteDce for sins OF crimes committed
here
prussInc Il have no positive belief
II the existence Of God. Ny position
Is that do not know whether God e1-
ISIS OF not neither affirm noT deny
that position
Judge SHEPPARD d" DO Won believe
II a future state Of existence
PTnsslDc j neither affirm nor
deny j; ] simply don't know
Judge Sheppard - Do YOU believe
IN any future state OF existence II
which you may be punished for sins o.;
crimes committed IL this world
Prussing y simply DO not know
anything about it.
Judge Longnecker. foT the prosecu-
tior " Do you consider the OATH re-
quireo OF you binding OF your COB
science
PrussInc " do, most certainly"
Defendant s counsel What Is the
test by which YOU fee your conscience
bound.'
PrussInc Because the oath j. pre-
scfibed hy the law anG Statutes Of the
STATE. None Other.
Counsel for defendant argued against
the competency Of Prussin-, reading
copiously from the Constitution Of the
State. and IRON various decisions. lsv-
InC the most stress upon the case Of
Railroad e.. Eockaielie' IL tn llli-
nois.
Nj. Wsugheys called particular a.
tenuor 70 tie TACT thai PrussInc admit
TED that the only test OF his response
bilIty was thai be would not commit
perjury and thus lay himself liable o.
amenable 10 the law Of the STATE.
Prusslnc made az argumen; or bis
Owl behalf. lie claimed that the Con-
stituuon OF Illinois OF ISIS and Isl.
guaranteed religious freedom This
was opposed by the common Law. The
Pilgrim fathers came to this country
because they wished 70 be freed from
the HxscGOns OF the common law.
They wanted freedom 70 worship
as they deemed best. The DE-
yelopmeut OF knowledge and science /
produced atheists. ano & form OF /
affirmation was made 70 suit their cases. /
During the pas; hfry years therl had |
arisen 3 large class who were called /
AgDosucs. They did no; know whether I,
there wa ,Od OT not but be there |
one, or be there none, they would act II /
accordance with the dictates OF then Owl /
conscience. After showing that a.. the /
cases cited were decided under the on /
sttuuor OF Isl. which without anv I
doubt refused the testimonv OF those I
v ho did no; believe Il God. Prussinc /
saio In 1865 Roberi q. Ingsrsol I
was The chiei law othcer Of the State 4
o. IliiDo.--its Acknowledgement. lie /
made 3 remark tina, Il he wa the sole /
witness o. most diabolical murder the
assassin would e unhung and unpUD-
lshed. because under the laws ~ the
Stale is Attorney-General would not
10 competent a q witness because h
iid not believe II GOD. The effect o.
this remark and the vide discussion
which followed was seen II the Constr
uiioD Of 1870 and the bio; was for
syer tfisced from the statutes OF the
state. The Bill Of Rights ID the Con-
,tituuon OF 1870 SAYS And no per
'oH shall be denied any civil OF poiitl-
al right, privilege, or capacity on a.
,ount Of his religious opinions IL
Dir capacity a. q witness he was pro
ected by the Constitution
Judge Sheppard said the question /
vas one Of great importance and should /
eceiye longer study. Il the position
4 the deisnce was correct. q iarge
lumber Q people would be incapaci-
sted as witnesses. lie was inclined 70
,elieve that the Constitution OF 1870
topped IL 10 aid this class OF persons.
ie would decide that Prassing was
ompeten; 70 testify. The defence
Oted exception, and the question vii
o 10 the Supreme Court Of Illinois.
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