The herald., 1895-10-12
BY a Unanimous Decision of
the. Presbytery
THE GREAT TRIAL ENDED
Opening Of the Proceedings Against the
Westminster Elders
Verdict and Sentence in the Toward Case
Rendered and Appes!su From-Ths
Proceedings In Detail

dination vows, was resumed by the pres
bytery OF Los Angeles in the Second Pres
byterian church at East Los Angeles at
O'Clock yesterday morning, Moderator
WiIliell Thomson presiding.
H. T. Gordon was recalled to the wit
ness stand, but before opening the exam
nation he was allowed to make a state.
ment concerning certain answers
given by him on direct examination on
the previous day.
Mr.. Gordon was then asked: Did you
see anything or hear anything at the time
OF the conference with the committee
previously alluded to which would have
tendency to provoke replies and state
ments which man would not ordinarily
make? The question was answered in
the affirmative, but was stricken out
on motion OF the prosecution.
On REORGANIZATION the witness was
asked If he were not under charges te-
fore the judicatory which was obi eoted
to and sustained, and further argued by
the prosecuting committee, with view
to weakening the testimony of the wit
ness. on the ground that his was inter-
ested in the result of the trial.
The Rev. Mr.. Howard during the pro-
gress of the trial. in answer to an OBJ
lection Iaised to question put to wit
ness. stated briefly the line of defense he
was endeavofing to set up.
1t rested mainly on two propositions,
viz: First-That the ordination vow did
not compel him to submit 20 an act of
prebytery which was in excess OF its
jurisdiction. He had pledged himself to
obedience only when presbytery was
plainly acting within the rules and regu-
lations laid down in the form of govern
ment. He maintain ed that the action of
presbytery in deciding the First Presby-
terrain church an incorporated body, and
in constituting the Westminster church
as well as placing him as pastor over
Westminster without the pro cedure pre-
scribed by the law of the church, was
unconstitutional, illegal and, therefore,
void, and that for this reason was not
binding on him. Secondly-He held that
the vow of ordination could not bind
him to any action at variance with the
law of God and the highest exercise of
his conscience. He stated, in this con-
nection. that tho law of God plainly for
babe the jeopardizing of anothers rights,
the hearing OF fass witnesses and the I'M
lawful forfeiture of anothers property
interests. He averred that he had been
advised by eminent legal counsel that
to submit to the action of presbytery dis.
solving the old First church an constr
tuting new church and creating new
pastoral relation would endanger the
property rights of those who wished TO
remain memb ers of the old First, and
ko1 T.: Al.
that might imperIl the rights would
BIZ an infraction of the law Of God, and
In violation Of his own conscience. ITO
this step, he claimed, his ordination
vow did not compel him.
P. D. Young, on the part of the judica-
tory, asked question relating to the
reasons given by the Rev. Howard for not
desiring the division of the First church.
The question was objected to, as it
brought out facts relative to the issue of
the establishment of the Yves minister
church and had no bearing on the ques-
ton at issue. The objection was sus-
tanned.
J. H. Stewart of Redlands requested
permission to interrogate the witness "if
the prosecution would permit" and was
called down by the moderator, who in
sisted that the form of Iresuming that
The next witness called for the defense
was Judge ]. W. Mckinley. He testified
to having advised the defendant IN mat
tiers pertaining to the legal phases OF the
question. but was then cut short by an
objection interposed by the prosecution,
and retired without giving further testi-
mony.
II. g. Wiley WAS next called to the
stand and asked whether he was present
at prayer nesting in the First church
previous to. the meeting of the committee
OF the presbytery. He was not allow ed
to answer and was Withdrawn.
d. X. Brearley followed and testified
5ubstah TALLY as the first witnesses of the
defense, denying all of the alleged viola
ton OF church discipline charged by the
prosecution: AS to the temper of the
committee Mr.. Brearley said in his opln-
ion it was very much against the repre-
sentatives of the First church.
Exceptions we're taken to his statement
OF opinion and he was directed to con-
fac himself to a statement Of facts, cit
exhibited an adverse temper. Obeying
the suggestion, witness said that the Rev.
Williell Thomson showed such temper.
He was promptly squelcbed by Mr.. Thorn
con. who used his authority as moderator
TO overrule the question: A running fire
OF questions and objections was kept up
upon the subject of the temper OF the
meeting, and the fact was brought out
that the gentlemen OF the cloth had
lively time upon the occasion of the
Deetlng referred to.
R.H. Hartley arose and stated las chair
man OF the committee that he regretted
that such an impression should be Great
ca, and requested further questioning of
ebe witnesses. The prosecution did not
pc lit TO do 70, and Mr.. Brearley was re-
Ureu to make way for John X. H offmann.
His testimony was principally upon
the points brought out by previous wit.
nesses, Yelnting to the statements made
by Mr.. Howard, outlining his attitude
toward the Presbytery and their action
In dividing the First church.
He testified further that Mr.. Howard
had never advised his CONGREGATION to
become an independents church. but had
always manifested an attitude favorable
to she church, offering repeatedly to stand
out OF the way himself II his vresence
would estrange the church from the Pres.
bytery.
J.C. Salisbury next testified for the de-
tense, stating that ne was present at the
conference Of the Presbytery committee
with the pastor and elders OF the First
church and heard and participated in the
meeting. In all the particulars relating
to that conference his testimony was SUBJ
TALLY the same as previously given.
The routine of the repetition OF former
questions was varied by an appeal taken
W the defense to ruling of the modera-
tor. In putting the question Of the ap-
peal from the decision, the reverend
moderator prefaced the question by
statement aside that the matter Was al