New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-15
TIE INDOTER CASE EP .iGIIN.
THE FINAL HEARING; BEFORE THE NASSAU
CUrSrTTS COURT AEGl'NrNTS OF COUNSEL"

CUrSrTrS CoI'RT-hE6r NrNTS OF COUNSEL
En,,,p. Ma, u,r. 1t The celebrated .indovcr
case" wll,h IA vai'i. trri,l~ hi> been pending be-
for. tpc >Ipr,.,' Iral coast "f Massachusetts fos
molr th.: thr,' I"t,- 'ti..' MP thi> n"clin, for a
FINAL h"atii-. IN" "i tt' IN ln-t'c> wr:' on the
/ l.i,h. Eleven LAWYERS appeared ter the r*irTtvo
rarr, N interest A f,lN,: !or t'e appellant. Pro
t.,-or f.'"w {. >m''h. there appIrcd cXt'ov-
error Castor. &. T. Eu.~N. Irotc,>nr :. L.
IaltAlp. of tine Yale I~.w >'t'"l. and Ps"f'S>or
pv ~. Dean of ~" t,iWb.t { dr:' Mw school. for
the ir.~;c'> fp.ar,i ''i}'' y. >ntrn. ana Profess
or !. {. Gin. tl !iarN ir'l uN"r,iN Law school.
ard two Of the trustees tlrm>c,c J.er l.. Il. Bishop
and r. II. Russell for TIE visitors. l. A.. : Pro
f,>>or ,my;h. Judge T.. Il. HDar Jais' VA i'.'r't
and 4 H. Wilnlau appeared. There VA, ,'-" a
Tendance Of spectators. incluii@ Anduver p c>."rS
ard students. prominent clrrsymcH Of all drno'i'
tons laANcr, cnensei III the case. and score of
ldl!,s
MIR Russell opened The for ;le appellant. Ills
'h.f Yoln;> were
Tn. decrc Of Tie visitors is null and void be-
cause .n" Of tl,u Rev ~. ii>t, without whose vote
IT,. de- rec e -'iVIl n,t not have bee" passed. had.
after ti, ,,ar..> il. and l!or' tn t"al took
place iorn,! AID repeatedly expressed the opinion
tia, the accused pnt >-'r> We're st!ltv
=. ra,' inc compliments. except DR.. Wilnan. wcN,
no. pnr.i,> having any -nci interest in The seminary
a r,y.. them H., ri.ht 10 become parties NJ the trial
=; The vi.itur, did not psorce! legally. rh'y >hond
have brought the matter first I" the attention oI 'he
fonn,a' IN l. g. the tn 'i"">.
4 l. va, ill.:al Ia dy.ir til" 'int complaint into
tive >rpi'a" 'otipIiiiN>.
D. IL was mnju-t convict Professor Smvth ana
ac1nit The other fnur i"r'"ur when the charges ana
evidence w-rr' dcntntl AGAINST AL
Professor Dwight followed lie urged. among
,hrr tlnc, tlmt na-much ~ o." Andov'r creed
/, silent on tn" subject "f probation after death
and the pr,te>,ors required To promise 10 open
ard interpret the scripture Accounting 7" INC ~
rrht ,.od hall give them" Professor smyth could
not be- lawfully removed for his teachings on 'has
subject.
rh, case for the trustees was opened 10y ITO
t...,r fray Who presented their claims "a come
inf, In, ,,>, ol the ground that tile visitors haa
acted prrmaturrv in trying IN" accuse" PficsS"'''
since the trustees at.Hr had original jiri'n"'ioh !"
u,h ,,.r, Professor Gray made the POINT mat
,h firm, tee, were under the ,taut"> of the seminary
IN. original Board oil Visitors. and had simply dcio-
rd f., the present board certain Of it, own powers.
H., ,t, ,h,r, VA, no puc> ion that the visitors wcro
,,,in. iudciaily IN TRYING the accused Professors
Thi, fact he thought. >hnnld preclude them iFV"
All appeal from their own Judgment
Ccorr, q. shattuck continued ,hc argument for tho
trstoc Mr. S.attuck sam the trustees desired 10
~, sin further ami to show the court that these visit
ors were usurpcI> AMI then to AK the court not o,y
10 declare the decision in Professor smyths case nun
and void but also Ia cnjoin the visitors from dons
ANYTHING not officially delegated t. them ny ",o
statutes Of the founders. In his argument MI 80
tuck referred to the original provision OF t'e i""u
for board Of visitors. made up oi TWO IL. ''o 80
nm, c,crcv man and spoke If the departure tom tas
idcn E,r The sake Of large gifts ana inc naMS .ad
hoard Of two ceriymcn anu one Ia. ma,' ,rst and
, ,I, - wns ' wrong which ought to DO rghe r
SMITH, ca,e merely an i',idcn,; ,, ~" Grand in
gu ,n,.,iitics should 60 I'm IT, prosperous e~'
upon tho lines originally drawn oS ''' ''O