Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-29

This procedure il, however. contrary to that
which has. so far | can learn, ALWAYS been
followed in ecclesiastical courts where the
appellant has been permitted to dispose of his
tlme ana present his case, opening and closing
his argument in the manner which commended
itself to his best judgment within the limit of
time fixed by the court, and especially has this
been done under our book of discipline. wherein
section 90 provides in subsection Q that the
parties shall be heard, the appellant opening
and closing
In asserting to this suggestion Of the judicial
committee the appellants. to prevent the cstab-
lishment of precedent which might work TO
the disadvantage of parties in other cases OF ap-
peal, call attention 10 the matter. now and pub
hcly, so that the facts may appear upon the
stenographic record of the judicial proceedings.
showing Its exceptional character. and that
a stipulation as to order of proceedings in a
single case should not be quoted or establish a
precedent contrary to the direct, affirmative.
constitutional right Of appellants. under section
~ OF the book of discipline. to open and close
the argument and as they may think best.
80 as not TO break in upon or interfere with
Or. Lampes opening argument, will now
cite as briefly as possible the authorities and so
much OF the record as will be used by the
appellants in their argument to support the
appeal and the specification of errors alleged.
Here Col. McCook went on TO give in detail
the references to the passages cited as contain
ing matter relevant 20 the case. These pas
saSes were in DIR. Briggs writings as well IN
the official records of the case. the original
charges and specifications. the famous inaugu-
raj address, minutes OF the pres5ytery, &c. Con-
tinuing. he said:
Il shall not take the time of the court to read
any OF these citations at this time but they
may be read and will be referred to from time
10 time during the argument. In this way the
appellants hope or expect to use but little more
than one-half of the time assigned 10 them. DIR.
Lampe will now present the appellants opening
argument"
| Col McCook had been reading his statement
but a few minutes when DIR. Briggs arose and
objected to his reference TO the printed docu-
rnent which had been prepared by the appel
lants as 1.-THE printed record He said that il
was in no sense the official record in the case.
! Col McCook acknowledged this point and
/ thereafter in his address spoke of 1.-THE docu'
ment which has been circulated among the
members of the assembly as the printed doc
ument."
/ Upon the conclusion of Col. McCook's ad
I dress, which was in the nature of statcmen'
/ of the course to be pursued bv the prosecution
/ Rev. Joseph J. Lampe, DID,, of the prosecut
ing committee then took the floor and made
| the argument.
DIR. Lanpe's Argument.
Dr. I.ampe said: In accordance with section
| IS Of the book of discipline, the appellant;
assign five grounds OF appeal, viz. Irresularity
in the proceedings of the presbytery of New
/ York; receiving improper and declining &c
| receive important testimony; manifestation Of
prejudice in the conduct of the case; and mis-
take or injustice ia the decision.
DR.. Lampe argued at some length to show
the iIreguarity OF proceedings in lower iudica
tory, holding that the changes that were stricken
out should have been entertained. and that tes-
tImony was irregularly admitted.