The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1890-06-07
ESCHER VS.. ANTI-ESCHER.
The Motion to Dissolvs the Naperville In
junction Heard.

The Motion to Dissolys the Napervilie In
junction Heard.
Judge Smith, Of the appellate court
will hear arguments TO dissolve an IN
junction in the case of Long ct al. V
Brown ct al. This case grew out O
the difficulty existing in the German
Evangelical church at Napervlle IA
an outgrowth Of the Illinois confer
ence.
The real question to be decided il
the validity Of the appointment OF
ministers by the two bodies at the state
conference. The plaintiffs are mem
beers Of the church and make up the
anti Fischer faction and the defendants
are trustees Of the church and are up
holding the minister appointed ny the
conference over which Bishop ESchel
presided
A motion for injunction preventing
the trustees from interfering viii
plaintiffs in using the church was ar
pued before the master in chancery OF
Du Page county and allowed. The
defendants claimed they received ne
notice of this preceding and also avel
the master in chancery is brother to
one Of the solicitors, Richey Il Egcher,
Chicago, and Duncan McDOugall, OF
tawa, represent defendants.
The result Of this argument is or es-
pecial interest to the general public,
as the dissentiOn in the Ottawa church
has not been settled and the result OF
this legal proceeding may produce a
radical change.-SuRdoy Free 1rdder.
The Naperville Evangelical church
disserson was aired before Judge
Smith in the Appellate Court Tues
day. When the matter was taken up
at 2 o'clock "a large number OF the
legal fraternity and dozen or more
members of the Naperville church in
Guiding the trustees occupied the
court room. The question OF jurisdic-
ton was raised at the outset, and
Judge Smith stated he would hear ar
guments by request Of Judge Upton,
which was legal proceeding.
The facts in this proceeding were
explained at some length in the SUN
DAY FREE TRADER and as stated, ar
guments were made yesterday on a
motion to dissolve an injunction re-
straining the fischer faction, that is,
the trustees, from interfering with
Rev. G. j. Frey, the anti Escher min
mister.
Judge Smith suggested that it would
be wise to have the difficulty adjudi-
Gated by some superior church au-
thorlty.
Judge Cody replied by saying that
IA nn @
the Methodist church, and II one
church gets into difficulty it reaches
out farther and takes in all the
churches. If this difficulty was con-
fined to the Naperville church only
a settlement could be easily effected.
But there is an outside influence
which makes this very complex
affair.
Attorney Fischer informed the court
that the main point in answer to bill
Of complainant was the denial of
Bishop Escher's suspension by the
General Conference and that he evaded
an examination on charges preferred.
He also denied the authority of con-
ference held in Chicago April 10 and
held Bishop Escher was the presiding
elder Of the Illinois conference.
Several atfidavits were then intro
duced to show that there was no riot
at the Naperville church on the Sun
day Rev. Frey was ousted. Other
atlidavits were presented to prove that
trouble was averted by Frey and his
friends.
Mr.. Goodrich commenced his argu-
ment in support OF motion to dissolve
at 5 o'clock. He was followed by
Richey & Fischer for defendant and
Judge Cody and A. NJ. Pence for com
plainant Each side had two hours
and arguments were finished at 10
o'clock.
Judge Smith made a decision last
evening in the case. 1t was quite
elaborate, but its points areas follows:
The court continued the injunction,
!. That Bishop Esher was legally
and could not act as bishop.
.. That the Illinois conference
presided over by Elder Byers was the
legal conference, independent Of
Esher was legally suspended
Or not
3. That the Esher conference has
no power to send preacher TO the Ma
perville church and that G. j. Frey is
The legal pastor OF that church, and
Jhe trustees were enjOined from inter-
'ering with his occupation Of the pull
pit.
Miss Carrie WUlcnwebbcr, daughter
If prominent Kane county live stock