The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-26
The P1oseeatiea Accused q Cnitttag
Vital Facts In Appeal Decumsnss-
AeCook speaks for Prosecusion.

as ihat OF Prof- Briggs, advising the gen.
eral assembly as TO what action it should
take in such case, was irregular and un-
precedented in ecclesiastical procedure;
that the proper way for presby;eries TO in-
huence pending cases - through their
respective commissioners on the floor OF
the general assembly.
The assembly then resolved itself into .
court and Prof. Briggs resumed his speech
In defense of the action Of the New York
presbytery in his case. and in opposition
to entertaining an appeal therefrom. After
briefly restating the points made yester-
day, DR.. Briggs said, in part:
The fresbytery Of New York, the largest in
the Presbyterian church, after long ana patient
consideration of the merits OF the case. gave =
verdict OF acquittal. Would the general assem-
bly, be willing TO give the same amount of time
and patience and consideration TO the merits OF
the case If an appeal be entertained? II you
override al the provisions Of the constitution
and msxims OF the civil law usages, civil and
ecclesiastical. in order 10 entertain al appeal
and then rpsh TO hasty decision, you will
strike deadly blow at the constitution aud dis
cipline OF the Presbyterian church.
Prof Briggs then reviewed the history
Of the case through the various stages in
the p-esbytery and general assembly. and
continued:
The general assembly cannot entertain this mp
pea! without doing violence to the sense Of right
which is exhibited in the constitution OF cur
country, In the maxims OF common law, in the
statutes OF our common wealth aud the practice
OF our civil courts: without establishing an
entirely new and dangerous precedent In
ecclesiastical law. without doing grave
injustice to the defendant and to the
presbytery OF New York and without un.
dermining public confidence in the equity of
Presbyterian discipline. II not this too heavy =
cost to pay for the sake of securing the con-
dcmnstion OF one man. however Objectionable
he may be? IL 1t not too great q strain to put
upon the constitution In order to gain q de.
cision on questions Of doctrine which may be
more clearly and satisfactorily defined by the
procedure prescribed in the form OF govern
mcnts Common law lays down this funda.'
mental principle. which applies to this case IL
to any: 1t 10 for the public good tina, there be
an end to litigation.
The general assembly cannot take the case
under consideration. The matter Is in tho
hands OF the synod OF New York. That synod
has thrown its shield over the defendant, and
will protect not only him but ls own rights In
the hearing OF tho case. without having Its jurs-
diction interie,ed with rsshly BY this assembly.
II was bad policy for the church to have inter
venng courts ove.leaped. II the assembly en-
have departed, and those who have thus sue.
cceded In breaking down the preceden: will
drive coach and four through the breaches in
tho palace OF Justice II tho assembly should
decide to come to q fnal decision on the deci-
sion OF the New York presbytery. il would
not yet be q fnai decision, for tho de-
fendant prcsbytery and synod could not
accept il as either constitutional or valid &,
fore the decision could be made II would be
necessary 10 the interests OF common sense and
common justice to have the interiocutory nd
peals passed upon. These are in the hands OF
the New York synod, and IL is attended to
brush aside all these in the effort to bring the
matter TO \ speedy conclusion, when the time
saved could not b, more than q year Here, in
the capital OF the nation, it Is being attempted
TO override some OF the commonest principles
of law in order to crafty the vain ambition OF
these prosecutors.
At one time during the morning pages
began TO distribute among the commits
sioners copies of pamphlet upon the
legal standing of the prosecuting COM
mittce. DIR. Thomas Z. Hall. Of Chicago,
complained of this, saying the attention
of the commissioners was being diverted
from the address by this Interruption, and
the moderator ordered the boys to cease.
\; 1928 DR.. Briggs yielded the floor on
motion To adjourn, having occupied three
hours and fifty-two minutes.
After several announcements. including
the appointment of q judicial commission
to hear the complaints OF J. ]. McCook
and others agains. the New York synod,
the assembly took recess until 30 D. m,
After recess. DR.. Briggs spoke bitterly
about the OMISSION from the brief of the
prosecutors of the questions put to him TO
h..t ,ts ;, o01 -
said: What right had these appellants 10
omit such matters as they pleased from
the official or seini-oslicial document ?"
lie wished To make an explicit den al OF
the charge that he had preached doctrines
agains the fundamental doctrines Of the
church. Il affirm that | believe" he
sad. turning with outsiretched hands To
the audience. 'the lfoIy Scriptures to be
the work 81 God.
Irifgs then made on appeal TIA. the
case might so . Ihe synod OF New York
and closed as follows:
!. taas were done re would ak. in the solu
ton Of ihc ease, AMI then II Il were sent hack
- the resi genera assembly, h. would shiaie
hy IL decision. " aateyCr II atsht be lie re-
GREETED 81 IA hal .sil anything that had css1..t
tF3uhle ~ me caarrn- IL had taurht for
twenty years 81 the alsn Tneo. axlcat semi
nary. aad q. all TIE persons ,1ai had n,,ea
taught by him. he cAslIsuz 4 ANY OF ,aer1 In
sAv ns hal taught them saythluS that Ia in
tcs.erea WITH The true discharge OF taesr hoiv
astc.
u. Briggs concluded has aI,!ress A. : Ia
o'clock, and o. he ;ook his seat a wave al
applause ran over the rear of the caurri,
shsch evoke! All indignant rebuke IRON,
Ihe moderator. Then Cd. Mct COX tee.n
shc closing arSuaseat TO- he rrosecfl,3,,
committee IN >Appot; 81, 5he rccommeu In
''oa that tAc appeal tr cnterta nei A.
most at tae opening Dr. briggs MAJ.
s'spscd - correct a m; he elaine! - l.. d.
a.lssIatemeur. Moderator Craty sal :,
ifT;gss mat lie L4I hera Allowed ,.,-
hoArs aad hat without ia,s~rt,u,,a,,
t5al NcCook heard d 81. ia-ourl, ., ,,t,.,,.,
objection, aIi thai Briggs should alioa
Mctoo1 Ia - on N lac s. r2a. wav.
fhe history # the case 4 various sta-e.
was recitea by Col McCook ari ,he -
u.aF,ty of the severa! steps nrulIv man.
lssaea. t'ol. MeCook SAID:
1roAs weight has been elyea The .sehniens
svs;.ezs Fs.sss! "a the .ntevsst - II s,.-.f.
za.: be,ea 90 tSs claus u t:se F4fts s,n.,,4
-ae'si % tae constitution rs! tae Unit. ste
N ss@a-! aay eersea b a~I tsr t-e .s,u..
S~''e u he swic~ 80 ~ : -pa~:g of l5Is aua
a IL aAs aeas' 3aErui-.ss,.v c..tr,s., ts.r
a 4aIeas tsoEa I4s NIX \ "a s,--. es;r-, v.s,-,t
+ ~0c tss sgsgss. sess $500 -sstastsesI lie. +s
c-r,.s.}F 3 rs.5e. .+s.ls ia Ars~rao-is.., 80.
81. Is 'egGa 'sscc+etsAs3scai lie ,eefa. Z, haze
ga 4st,i &c E..s.ss 80 s3rae These Az ns..
si-ss'a@1 SFe-ee~41ass s=vo.vlag PERIL 30 life -
..H g ~ app see. lacy are Proceeding t. ess-
soseS sT7irscs, ~ FsiAes - determine whether
: S>' 'Fse' aAs hSSa ass @tAisei IL al is In.