The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-01
The Celebrated Case Of Dr.. Briggs
to Como Up for Trial
Soon.
Red Tape In the History OF the
Trial Up to the Present
Time.
Complicated Methods OF Legal Procedure
In tho Church Courts-That Famous
Prosecuting Committee.

| New YoRK. Sept. 30.-After having been
fought back and forth in every ooolesiasti-
cal tribunal with which the Presbyterian
church has provided itself the famous
heresy case Of Prof. Charles A. Briggs, d.
d.. bids fair to onos again assume a proni-
nent poaition in the public eye. TIA reap
pearancs after its retirement of some
months will be made tho first Monday of
the coming month, when the Now York
prssbytery meets, which IL ia expected. will
take some important action in accordance
with tho decision handed down last May by
the general assembly. sustaining the appeal
of the prosecuting committee against the
presby ytery's ruling.
The precise status of this famous case
has nsver been 40 obscure or complicated
since its commencement. Friends of the
doctor will remember the rejoicing which
hailed, last fall. the decision of the New
York presbytery, whom after hearing the
| acoused's demurrer TO the charges made
against him, in which he asserted that they
| insufficient in form and legal effect, the
case against him WAS dismissed. DR..
| Briggs was at that time not required to go
ON in his defence, although fully prepared
to do SO.
The case at that time was considered to
| have ended in victory for the accused, and
so it would have been had not the prose-
| cutting committee, which il sort of socles
| iastical district attorney, taken appeal
from the ruling. In their appeal comes the
| first complication. since they took the case
directly to the general assembly. ignoring
entirely the intermediate jurisdiction Of
the New York synod.
The defendants, in his turn, entered an
| appeal, but regularly, in order of progress
sion, to the synod, protesting against the
| ruling of the New York presbytery to the
| effect that the committee of prosecution
was an original party in the case. Ths
three vital points against which appeal is
| taken are as follows:
First, that the committee which pre-
ferred charges against DR.. Briggs was n
| committee of prosecution, under section
eleven of the revised book of discipline;
second. that this committee was in the
house ON the day in which this citation was
| returnable as an original party; third, that
the committee as an original party was yir-
tnally and practically independent Of the
| presbytery."
| Should this appeal be sustained the
ground will be cut out from under the
prosecutions feet and the case resume the
status of q victory for DR.. Briggs, since, if
il were not an original party, the pr rosecut-
ing committee could not have appealed TO
the general assembly, and so the case would
have remained in statu quo. But the synod
does not meet until the third week in Ooto-
bsr, and this causes the second complica-
tion.
Last May the general assembly, the
highest tribunal in the church, decided to
sustain the prosecuting committee's appeal,
and directed the New York presbytery TO
ma tha an ffinieney nf tho IA
against DR.. Briggs in form and legal effect
This virtually puts the case where it was
after DIR. Briggs demurrer was entered, and
forces the presbytery to put hlm on his de-
fense on this document.
The general assembly also authorized the
prosecuting committee to amend the
charges. without altering their nature.
should the presby terry deem it necessary to
the 'furtherance of justice"
Should any such amendment be made
DR.. Briggs would probably amend his de-
murer, otherwise matters will be returned
to the status of last fall. just when the
trial would take place, however, no one
seemed able yesterday to tell, as in view of
a possible conflict of decisions between the
synod and the general assembly. the pres
bytery would be entirely free to take the
synod's ruling in DR.. Briggs favor. or at the
least rest on its oars while the two higher
tribunals settled their differences.
The committee of prosecution consists of
the Rev. Drs. George w. 4. Birch, Joseph
j. Lamps and. Robert F. Sample and Rul-
ing ELDERS John j. Stevenson and John j.
McCook.
Col John J. MeCook, the leading mem
ber of the prosecuting committee, who pre-
nared all the lapers in the case is expected
from Europe Wednesday, and until ne ar
rives the plans of the committee viii hardly
be definitely formulated.
DR.. Briggs was seen at his residence, I20
aty- 5str laa at ipbt butt
fused to dIacuss the matter further than to
say that as defendant he had TO hold him
self continually in readiness to answer any
summOnp