The Newtown bee., 1891-06-26
NEwTowN, JUNE 20, 1891.
WESTPORT.
THE JONES MARVIN QUO wARRANTo.

When the famous Marvin quo
warranto case, to determine the lawful
officers of Christ church parish, was
heard by Judge Thayer at the Superior
court room in Bridgeport, Tuesday morn
ing, witnesses and many ladies and gen.
tlemen interested in the case filled the
court room to overlooking. When Judge
Thayer called the case, Col III. w. r..
Hoyt Of Stamford, counsel for Mr. Mar
vim, the Hyde party, wished to have the
case continued, because his health was
not good and because Lawyer f. M.
assisting him in the case, was unable to
be present. Goodwin Stoddard, of coun-
sci for Mr. Jones and those who desire to
have Mr. Hyde removed, objected and af-
ter the matter had been argued at some
length, Judge Thayer ordered the case to
go on. Mr. Jones holds the office of clerk
because of what he and his adherents
consider legal election held at an adj
journed parish meeting, April 6, 1891
and with him are other officers of the
church, Wardens, E. II. Nash, O. |.
Jones; vestry, G. III. Jones, H. <. Sher-
wood, J. b. Fitch, Lloyd Nash, George
futile, Charles l.. Wilson, Charles Fable,
George A. barrow, Thomas Hill; treas
urer, III. K. Sherwood. Mr. Jones sue
ceeded himself as clerk and retained the
books. Mr. Marvin holds that he is clerk
by virtue of an election held after Mr.
Jones and his party had left the annual
meeting. The action is to try the title
to the office of clerk, as most important.
Two of the principal witnesses on the
Jones side were Mr. Jones himself, who
was first called, and Lloyd Nash, whose
testimony could not be taken because he
has been very sick with diphtheria. The
Jones faction had long since engaged E..
l.. Wells of Southport rs counsel and he
had associated with him j. b. Klein of
DeForest e Klein and Goodwin Stoddard
of Stoddard, Bishop 81 Shelton. Col
Hoyt alone conducted the case for Mr.
Marvin in the morning, though aided by
Rev Mr. Hyde and ex-State Attorney
Olmstead appeared openly in the case
and cross-examined at great length. The
drift of the Marvin side, as brought out
by the cross-examinations during the
day, appeared to be that Mr. Hyde did
not, as alleged, arbitrarily refuse, when
chairman Of the annual meeting, to rec
ognize members of the parish as such !;
that they were not such, having habitu-
ally absented themselves from the church
for a year or more. This, however, is
proceeding under the law of New York
State. Previous to the Introduction of
testimony, there was a long discussion
between the lawyers, at the conclusion
of which Judge Thayer took occasion to
remark that if the bishop and standing
committee of the church, the ecclesiasti-
cal court, did not see fit to decide the
case brought before them until after the
civil courts had passed upon it, decis-
ion ought to be given here as soon as
possible; but the proper place for the
matter was with the authorities of the
church.
Charles Ii. Jones' Was chosen clerk of
Christ church parish in 1890 and have
since exercised the duties of that office.
1.-THE record book was identified, but OBJ
jected to by Col Hoyt, who claimed that
Mr. Jones was not the clerk; that, as the
memoranda of the last meeting had not
been approved, they could not be consid
cred records. 1t was allowed by Judge
Thayer and an exception noted. The
minutes of the meeting at which Mr.
Jones was chosen clerk, April Z, 1890,
were referred to, also those of March 80,
1891. The last were read by Mr. Stod-
dard and provided for the appointment
of committee to wait upon the bishop
and request that the pastoral relations
between the rector and the parish be sew
cred. There were Is present at the an
nual meeting when motion to adjourn
for one week, declared by the chair lost
s to 3, was declared by the clerk carried
II to 6. Twelve were present at the adj
journed meeting, when the officers were
elected. Was not present at the annual
meeting when it was adjourned by the
rector. The minutes of that meeting
were destroyed, the next morning, after
hey had been written up. No one was
hen present, save sick wife. No sug-
gestion had ever been made to me re-
garding the minutes. The motion by II.
E. Sherwood was to adjourn the meeting
Tor one week; until April 6. Did not
.hink that o. l. Jones moved to adjourn,
hat Mr TT xyIa him pf
hat he said, ''Mr Sherwood, you make
notion" Mr. Jones was declared out of
order when he seconded the motion. 1t
is not true that Mr. Sherwood's motion
was without date. Mr. Hyde declared
he motion lost to 3, while. / said that it
was carried IL to 6. / do not know that
IN appeal was taken, but the result of
;he vote was doubted; yet it was not put
The second time. l declared the vote by
virtue of my Office as clerk of the meet
ng. While doing up my books, prepar-
itory to leaving the room, some one NOV
ed to elect clerk and the tellers prepar-
ed ballots. The chairman announced
hat w. Ii. Marvin was elected, s to 3.
was lcaFihS VIC ioohh Wiohouo my Doohs
but almost Immediately returned and OBJ
tanned them. The meeting was not adj
ourned by the chairman while / was
present. Mr. Marvin did not at once oc-
cupy the chair vacated; did not take or
it while was out of the room
Tor moment. No objection was made
1t the meetings to the list of ID members
read by the rector, nor was there object
on to the list of six read by me, save to
Mr. Fable and that was at once with
irawn. ron the redirect, Mr. Jones
identified roll of membership offered in
evidence, on which were the signatures
II the members Of the church, April IA,
1884. In 1886, four names were added.