Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-23
AGNOSTICS AS WITNESSES
THEIR CoSIPETENCYIN IN DISPUTE
IN ILLINOIS.

ing Fraud aud OonapirAoy-rhs Wit
ness Makes n Statement in His own
Behan-An Oath Considered Binding.
CHICAGO, Dec. GA new point of law
under the constitution Of 1870 of the State
OF Illinois was raised In the trial OF the
cause Of "the State against Robert Her
tel" charged with fraud ana conspiracy.
II was claimed that he had defrauded
certain people out of 100000. Eugene
Prussing was an essential witness for the
prosecution. When he was called the
defendants counsel, Mr.. Dikeman, inter-
rogated him as to his competency.
Mr.. Dikeman-"Do you believe in the
inspiration Of the Holy scripturesw
Mr.. Prussing--"No, sir"
AN Everything GOD.
Mr.. Dikeman-"Do you believe in an
everything GOdY
Mr.. Prussing-"No, sir"
The defendanps counsel claimed that
under the laws of Illinois the defendant
was not a competent witness. Tie read
statute OF the constitution and several
rulings upon the question. The States
attorney and Judge Shepard were taken
by surprise and the question was held
under advisement. This morning Mr..
Prusslng, with an armful of law books,
entered the court room. He was accom-
panied by Gen. Stiles and several mem-
bers of the society for ethical culture.
ARGUMENTS REQUESTED.
Judge Shepard said he regretted that he
had been unable to find authorities which
fully satisfied his mind, and he would
like to hear arguments on the competency
of Mr.. Prussing as witness. Judge
Shepard asked Mr.. Prussing:
SsDO YOU believe in an OVerrulinQ prOYi-
dence, call IT by whatever name YOU
please-GOd or anything else-which
makes man accountable in the future
existence for sins or crimes committed
herew
THE WITNESS EXPLAINS.
MIR. Prussing-"I have no positive be-
lief in the existence Of God. My position
is that do not know whether God exists
or not. | neither affirm nor deny that
proposition"
Judge Shepard-"Do you believe in a
future state of existencep'
MIR. Prussing-'l neither affirm nor
deny lt-I simply don't know"
Judge Shepard -''Do you believe in any
future state of existence In which you
may be punished for sins or crimes com
mitted IN this worldY'
Mr. Prussing-''I simply do not know
anything about it,"
Judge Longnecker for the prosecution
asked-''Do you consider the oath Tequir-
ed OF you binding on your cOnsciencep
MIR. Prussing-''I do most certainly"
THE TEST WHICH BINDS HIM.
The defendants cOunsel-''What ia the
test by which you feel your conscience
boundp"
Mr.. .Prussing-"Because the oath is pre-
scribed by the laws and the statutes OF
the State, none other"
la. sI.nfa 81
against the competency of Mr.. PTussing,
reading copiOusly from the constitution OF
the State and from various decisions, lay
/ ing most stress on the case of Railroad VS..
Rockefeller in the Seventeenth Illinois.
Mr.. Waughup called particular atten-
tiOn TO the fact that Mr.. Prussing admit
ted tnat the only test of his responsibility
was that he would not commit perjury
and thus lay himself liable or amenable
TO the laws Of the State.
ARGUING FOR HIMSELF.
Mr.. Prussing made an argument in his
own behalf He claimed that the consti-
tuition Of Illinois of 1918 and 1S46, guaran-
| teed religious freedom. This was Oppos-
/ ed by the common law. The Pilgrim
! fathers came TO this country because they
wished TO be freed from the exactiOn of
! the common law. They wanted freedom
20 worship rs they deemed best. The de-
! NclUpMtnb VI hbbWicuRt anu hGtbnCe pro-
| duced atheists and the form Of affirmation
was made to suit their case. During the
| past fifty years there had arisen large
class, who were called Agnostics.
BELIEF OF THE AGEosTIos.
They did not know whether there was a
| God or not, but be there ono or be there
none, they would act In accordance with
the dictates Of their own conscience.
After showing that all the cases cited
were decided under the constitution of
| 1548, which. without any doubt, refused the
testimOny,O those who did not believe in
| God" Mr. PrussiDg said. "ln 1868 Rob-
ert q. Ingersoll was the chief law officer
OF the State Of IllInOis-its Attorney Gen
/ eral. He made n remark that If he was
| the sole witness Of a most diabOlical mur-
/ der the assassin would 20 unhung and
unpublished, because under the laws Of
the State its Attorney General would not
be competent as a witness. because he did
not believe In God.
EFFECT or THE REMARK.
The effect OF this remark and the wide
discussion which followed was seen IN
| the constitution Of 1870 and the blot was
forever efiaced from the statutes OF the
State. The bill OF rights in the constitu-
I tiOn OF 1870 says: "And no person shall
/ be denied any civil or political right.
/ privilege or capacity on account OF his
religious opinions In bis capacity as "A
witness he was projected by the constitu-
/ tiOn.
Judge Shepard said the question was
! one Of great Importance, and should re-
ceiye longer study. II the position OF the
defense was correct, large number OF
people would be incapacitated as wit
nesses. He was inclined 10 believe that
| the constitution OF 1870 stepped In 70
/ aid this class Of persons. He would de-
| eide that Mr.. PrussiDg was competent TO
| testify.
The defense noted an exception, and the
/ question will go 10 the Supreme Court Of
| Illinois.
MI n....t,.- 80 r.,,,.,.utf..or