The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-05-31

| cutting committee before any proceedings
were had under their appointment, DIR.
Briggs arose and said
May / ask a question Y
| Col McCook-"Y may interrupt me
as often as you please"
Moderator Craig-"Dr. Briggs. allowed
you to speak four and half hours without
interruption
DIR. BriRgs-"I wanted to correct a mis-
statement"
Moderator Craig-"Col. McCook heard
| you throughout without objection, a.
| though he might have challenged many
OF your statements. Now, let him 90 on
10 the same way. That is only fair and
proper"
Dr. Briggs-"It is understood then, that
do not consent to the incorporation of
any misstatement."
Moderator Craig-"Certainly. And |
| do not suppose that Col. McCOok gave his
assent to a score OF things you said, but he
bore them well. Col McCook will pro-
ceed."
In beginning his argument, Col. Nc
Cook asserted that all the preliminary
| questions involved in the case We're res
adIudicata, having been discussed and de-
termined by the general assembly of 1882.
Speaking to DIR. Briggs claim that the
matter appealed from by the prosecu-
ting committee was not final judgment
OF the presbyterY, Col. McCOok said:
"lf thot be so. then Prof. briggs has not
been acquitted of the charge brought
against him."
Col. McCook's Argument
The history of the case in its various
stages was recited by Col McCook, and
the regularity OF the several steps firmly
maintained. COL McCook said:
Great weight has been given to a technical
| question raised IN the interest OF the appellee
and OF delay based upon g clause contained in
| the fifth amendments to the constitution of the
United States. which is as follows:
Nor shall any person be subject for the same
ofiense to be twice put in jeopardy of life or
| limb.
1t has been claimed that this constitutional
! provision prevents an appeal from the final
| judgment OF the presbytery of New York in
thiscase. and that such appeal would place
| the appellee's ecclesiastical lie" In jeopardy
second time. This is some what
| ingenious. but Inappropriate of the term
eecleslaStlesl Ilte." Ii seems TO have con-
fused the minds OF some SIS to the character Of
| the proceedings under the book of discipline.
| These are not criminal proceedings involving
peril to the life or limb OF the appellee. They
| are proceedings TO lnforee q contract, or rather
| TO determine whether the contract has been
shown that the appe lee has not maintained
the contract in oil its integrity, the loss of his
"ecclesiasticAI life" would mean ply the loss
| OF the benefits which he at one time enjoyed
under the contract which he had broken In
the constitution provision was mainly designed
to prevent a second punishment for the same
| crime or misdemeanoT, whereas, in this case,
no punishment having been inflicted upon the
appellee the constitutional provision is not to
| be invoked.
The Evening Session.
At 4:30, after having spoken an hour
and twenty minutes, Col McCook yielded
for a motion to adjourn until o'clock.
At the evening session Col. McCook con-
tinued his speech and considered the plea
that an acquittsl by lower court bars the
right of appeals, asserted that SUCH clai m
lie not true in fact nor sound law. He dis
cussed the operation OF the law in church
trials ana the provisions of the church con-
stituton on appeals 1t was also regular,
the speaker maintained, for the appeals
to be taken direct from the presbytery to
the general assembly and such a proceed
ing is not in derogation, either OF the
rights or dignity of the intervening synod.
In conclusion Col McCook said there
were special reasons why this appeal
should be received by the assembly with
out having first been taken to the synod of
New York.
l. The appeal relsted to doctrines which are
absolutely Fundamental to our system.
2. The case is fully ripe for final judgement
by this assembly.
| 3. 1t is imperatively necessary that a final
decision in this case be reached at the earliest
possible date. This is requisite alike for the
purity and peace and the prosperity and use
fullness OF the church.
| 4 in "a nafr 10 n
OF the ordination vow of every minister, elder
and deacon in church; it involves what
they may believe and teach the faith of the
church under the terms of that vow.
5. Great and 1ides spread injury Is certain to
come from protracted delay.
Ii the doctrines presented by Prof. Briggs be
erroneous, as We verify believe then through
delay, "heretical opinions sure to gain
ground" and our church will be affected in
juriOusly through the continuance of 'uncer.
teinty and doubt and OF suspicion and strife.
Report ON sunday Closing.
At the opening of the afternoon session
of the general assembly DR.. Craig stated
that the committee appointed to visit At
torney-General Olney had done so during
the noon recess and had to report that the
committee was most corteously received
by the Encouragement, whe assured the
committee that himself and the district
attorney in Chicago. who was in the city
Yesterday, were watching the Sunday
closing matter with the greatest care, in
order TO see that the u. s. laws should be
strictly enforced regarding the closing OF
the fair on Sunday, and he desired the
cor mittee TO say to the assembly that the
government would take proper measures
for the protection OF its rights.
Baptists at Denver.
DENVER. May 24.-The bsptists own
this town today. Since last night and UP
to noon today fully four hundred more
delegates have arrived. Everywhere the
colors-the purple and the white-are to
be seen. Men about town were amazed
this morning to see noted confidence
man and gambler plotting party OF del
egates to their destination and at the same
time taking great pains to point out every
object of interest. Later an acquaintance
took the liberty to ieer at him for this and
narrowly escaped thrashing. 81 want