The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-03-01
HElRD 81 JUDGE BURKE.
The Moss Faeficn Does not Own
the Christian Ckarrh.



--couzt xsse.-
The Christian charrh sqnabh,se wss
aired in ffss dizsries snarf yesterday
afternoon. whrn The Application IL
Rey X. n. Moss. g. e. Bennessies. q.
&C. Moss. xad G. 81. Sesv. vho claim 70
be trustees 81 the First Christian
church. Fer an injunction restraining
n l. B4er, John James. Fl. o. ShGey,
who claim 10 be esaers. and A. A. o.
born. 4 H. Walker. Samuel Denny
and M. A. Higgins, who claim 10 be
deacons Of the same church. from IN
terfering with the worship OF petition
ers. Was argsaed before Judge Burke.
The arguments Of counsel and read
ing of zffzdavits and counter afkdaFiEs
consumed the entire afternoon Elder
Moss and his small band Of aiherenls
SAT near their attorney, Mr.. W. An
drews. while the other fAerion 81 the
church militant was present in NUM-
hers large snd mostly feminine 10 en-
courage their counsel. Mr.. Osborn, OF
Osborn Il Dyer.
The stories tod by the two sides IA
their complaints, answers, aftsdavsfs.
etc., are widely al variance with each
other. and may be briefly told - fol-
i0ws. a
The Moss faction claim that dis
sef1sion occurred IN the church some
time last fail when Mr.. Moss demand
ed payment OF so arrearageS in
salary. he claimed thai he had been
promised $500 per year, $50 OF which
remained unpaid 4 large majority
OF the congregation claimed that he
was only promised 500 per rear. and
rs that amount had been paid him
they refused 20 allow his claim for ar
rsarages. In December, ISIS. Mr.
Moss resigned ON condition that ne
should get his oack pay: but as the
majority still refused 10 pay him, be
continued preaching. Then split
occurred in The congregation, and on
the evening OF February q the Moss
faction were. denied the Use 81 tie
church for 8 prayer meeting. TIE
Moss faction also claim that tiley
have a deed to the First Church OF
Christ, 70 the land donated by samuel
Denny, on which the church haiiding
stands.
The afIidavits for the defense pas
another face on the question. how
ever. MeSsrs. III. O. shuey. NJ. l..
Baer and NJ. J. Hill. OF the new board
Of trustees, and John James clam in
their ailidasits that they heard Mr..
Moss say that he would resign when
| ever his congregation wanted him 70
Il a
isse. and that on the 18th OF that
month his resignation was read 70 and
accepted BY the church; that tae pas
tor is not elseted Tor any specified
time, and that no one who refuses 10
can he q member of the church
Mr.. Samuel Denny, in an affidavit,
denies that the First Church OF Chris
has deed TO the church property. lie
states that he donated the land to the
church, thea unincorDoFated, In April.
/ 1883, and has contributed twu-tnirsis
OF the value of the church property
which is estimated at $3.50. while the
entire Moss faction has not contribIt-
ed over $50 He also depcses that on
December - be vas denled admission
To the church; that Mr.. Moss is no
longer pastor; that the Moss party
does not number more than Is or -
while the majority OF the congTega.
ton, numbering 81, Is opposed 20 The n.
The affidavit os NJ l.. Baer. D. III.
/, nunham, john Patterson, Samuel
/ Denny. and fourteen others, is 10 the
effect that Rev Moss and his father
have caused aIl the trouble by insist
ing that tue church should ne gov
erned against the principles laid taHEs
by Alexander CaTnpheil. fouasser Of
/ the sect that Mr., MSS resignation
vas absolute and unconditional, and
i that tae major ity Only net in the y
NJ. G.. A. hall 10 avoia the trouble that
would have occurred had they insisted
upon their rights.
! According 10 the affidavit Of II @,
| Shuey, NJ. A. Higgins. and John
james, the first dlsafiection OF the
church with It's pastor appeared Ab0uf
/ September /. 1883, when they deter
mined TO secure man with better
qualifications for the plsce: that Mr.
/ Moss soon after rendered his resigna-
/ ton, which was accepted December
! 10Th, that atshe annual meeting of
the church held December u, Mr..
/ Moss, who was in the chair, refused 10
entertain motion 10 increase the
number OF officers. and that when Mr.,
John pattersoa was elected chairman
in place of Mr.. Moss, the Moss faction
surrounded the chair to prevent him
/ from taking tae position by force; that
| o. c. Moss seized him roughly, decia r
ing that he should never take the
chair. and &. NJ. Neff ilourished his
cane menaeingiy, while others OF the
Moss party turned out the lights. The
affidavit, after setting forth these and
other grievances At length. goes on to
+ say that an effort ans made to have
the dissentiou compromised by arbi-
I tratlon, which was refused. Then
Messrs- James. Baer. and Shaey.
were elected elders. and Aessrs. 0s-
born, Walker. Dengy, and Higgins
deacons. Rev. Moss adherents refus-
ing 10 vote, holding the election 20 be
void. Since tina. time Mr.. Moss has
j insisted on tsing pastor, and Messrs.
Benedict. Neif, and o. c. Moss trns-
/ tees, contrary 10 the wishes oil the ma
joriEy OF the church.
Judge Barke. after Iisteaing to the
arguments of counsel and hearing the
aitidavits. said he was satisfied that
/ the majority of the members did not
want Mr.. Mess for pastor. and he
would, therefore, deny the restr aiming
order.
This gives possession OF the church
property 70 the anti Moss party. which
/ is now incorporated under the name
OF the First Christian Church of
Seattle. The congregation viii send
away after preacher ol ability, now
that the matter Is settled, and. 10 use
the words of one OK the uccessfui iifi-
giants, proceed 10 worship God &C.
! coriing 10 law.
wEckgRsHAa's SENTENCE,
IL is now certainty that Judge
{ Wiekersham viii nes he sentenced II
the present term OF coart. as Judge
Burke yesterday granted the arrest oi
Judgment and extension og time asked
by the attorneys for preparing a
motion for q new trial As this
motion cannot be prepaFed within tive
weeks the matter viii 20 over 10 The
MAY term OF court, when the motion
will be filed and argued. Judge Wick
ershsm WAS IN court yesterday with
his two bonsiSmen. Alexander Wicker
sham. his father. and Dir. Fred g.
Miller, af Tacoma. who entered into
EecognIxance il the sum Of $500 for
his appearance a. court on the Erst
day oi next term and from day Ia day