Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1894-01-11

started for the church; met Wilbur hal
way; didn't measure the distance there th,
elder gets funny againl.
Q.-With books under your ARM No. In m,
hand growing funnerl; one Bible and thre,
hymn books; have them now, and [immensel
funny just herel will let you see them II you
want to.
After the affair. wrote to Lowrie telling
him that II he would apologize for his conduct
towards me l would let the matter drop.
received reply in which this was refused
hence this suit.
John Wilbur took the stand and told sub
stantiaily the same story He brought out the
interesting fact that the elder was TO receive
the munfcent sum Of s85 for his six months
work.
Lewis W. Bunker's testimony was corrobor.
alive. Nina Wilbur testified thst she heard
Tue elder charge her father to tell the trustees
that unless be could occupy the church peace
ably, he wouldn't at all.
For the defense Ira Scammons. w. II
Lowrie, the prisoner, A. Dyer. Harry Grim
minis, X. W. Dyer. A. I. Bunker and ]. ID.
Crimmins were sworn.
Mr.. Bunker testified that be was clerk OF the
church at Eastbrook, and bad been for twenty
years; was second deacon. He repeated the
story OF the trouble substantially as already
given. Garland was not hired BY the church
but by Wilbur, who went around with sub
scription paper. While | didn't wholly APP
prove OF his coming. made no objection, but
at the end OF the six months was satisfied
that, for the good of all, change should be
made. Mr.. Keith was engaged
At the Wednesday evening meeting, after Il
was announced thst Mr.. Keith would preach
on the following Sunday sermon appropriate
to Christmas, Mr.. Wilbur announced Garland.
The church officers, the church at large and
the people generally were indignant; officers
90, together. determined on line of sctIon
and acted upon II.
heard nothing about Garlands intending
to 90 TO church that morning as a listener.
Always treated MIR. Garland as a man, and
he me. I'm h. friend a. far as conscientious
ly can be; hsve known him ,wenty.seven or
twenty eight years; took all reasonable mean,
to inform myself as 10 his character
William b. Campbell was called. sworn. and
testified TO there being on record In the fegistr,
OF deeds. a deed OF the church property to Ger.
tain trustees
W. II. Lowrie, constable aud prisoner.
took the stand. The indignity Of arrest on \
charge OF assault and battery did not appear to
depres~ him at all. lie told the story. and
wound UP by saving he would do the same
thing again II occasion required.
Ira ScsmmOn said Lowrie did hi, duty. .b,,t
b. ft.,st
done. Sentiment In Ea>tbrook towards Broth
er Garland Is not healthy; am not 4 church
member. started once. and hdrs the man
pointing TO Garland who broke me %.
Haven't spoken TO him for twenty-five years.
Q-fou don't like Brother Garland? faint
that. oh, no; PITY the critter Time va.
when I've walked eight miles for twelve sun.
days In succession eigh, miles each way and
-at through two long sermon. without nv
dinner.
The rest OF the witnesses for the defense
corrnborated previous testimony
Judge Redman summed up for the defense,
quoting much lsw and precedent in defense of
the sction Of both trustees and constable Tie
commented favorably upon the character Of
the witnesses, on both sides. the fairnes, OF
the testimony. and the sorrow rather than tn.
bitterness that characterized 1t throughout
To err {, human; all are willing to forgive
once twice, thrice. yes, seven times, bu, " hen
the church ordaiu. u and send. u out 10
preach the gospel, and then find u, guilty Of a
miserable SIN forbearance cease. TO be lrtue
| hANe nothing but pity for thi. man who Is
Obliged 10 say IN one breath that he not oni,
does not live With hi wife. but doesn't support
her-doe,n't even know where she l.. and ia
the next that be I. gospel minister ordained
by Christ Himself TO preach.
Reviewing the -tory a agreed TO by ali the
witnesses. Mr.. Redmsn msde brilliant de-
Tense OF his client, claiming tina, hi. duty was
plain, and that the scton tthe church trustees
on which It was based wa, wise. well-con-
ceIyed and well-e xecuied.
In summing up for The plaintiff Mr.. Mason
said hi. brother attorney could have used hi
talents TO better purpose than IN riiculing hi
client. who had conducted himself a. gentle
man. 1t has been demonstrated that he went to
Ea,tbrook in good faith; did not anticipate
such a reception, and when be discovered the
situation went promptly to work to effect
compromise
Finding the trustee. obdurste, he finally said
he would no, attempt 10 preach, but would go
and listen claim a. law that any man
ha, right TO enter a church so long as he be-
HAYES himself
Garland couldn't be restrained on the a.
sumption that be intended 10 make disturb
ance. Moreover. be went on Mr.. Wilbur.
invitation. We don't csim In this assault
that We were seriously injured. or injured at
all, but that We were humiIiated.
Judge buttons charge was lengthy. The
charge OF assault and battery was OF course
merely nominal; II sustained would be no
more than technical. The real question /. re-
garding the plsn,ifrs right to enter the church
al Eastbrook after he had been directed BY the
trustees not to do 50.
The judge then summarized the story, made
al exhaustive analysis of IL, and concluded as
follows:
The lsw i plain the only question +. Was
unnecessary force used: Considering The sacred
titNthi- man bear- considering the commits
he says-,here WAS no excuse for him to per-
si>t. and more force than was used would
have been justfiable.
The prisoner /. discharged"