The herald., 1895-10-16
THE ELDERS FOUND GUILTY
Charges Sustained and Session
Dissolved
MONEY is THE REAL ISSUE
Admitted to Be So by Counsel for
the Defense
And Clearly Proven by tho Action Of the
Presbytery-The Case VIII Be
MONEY IS THE REAL ISSUE

tner nearing OF the case Oh cOntumacy
against the elders of Westminster church.
short business session was held be-
fore proceeding with the trial, in which
a committee was appointed to take action
in the matter of establishing in this city
branch Of the board of publication of
the Presby terrain church. Other routine
business was transacted and the body
then rose to sit as a judicatory.
J. G. Salisbury, J. X. Hoffman, H. T.
Gordon and Burt Estes Howard we're
paced OIL the stand and each testified as
before to the main facts of the case, prac-
tically no additional evidence being
brought out.
The charges against the elders involve
the same issues as those governing the
case of Mr.. Howard. Yesterday some
new light was shed on the real motive of
the proceedings which is, as shown by
the entire evidence and the circum
stances leading up to the difficulty, mere
ly desire to get and control the sum of
money coming from the original First
church.
10 fortify themselves In the possession
OF the money in dispute the accused eld-
ers have refused to recognize the authori-
ty of presbytery in severing their church,
claiming that by so doing they would for
This ground they have maintained
strongly from the outset.
On the other handspresbytery has taken
a step in dividing the church, from
which they cannot recede without COM
promising their dignity, and they have
apparently without regard to the evil
uence introduced during the trial or the
real merits of the case.
The unchristian feeling exhibited dur
ing the trial of the Rev. Burt Estes How
ard has now become somewhat modified,
and the proceedings are not interrupted
vita as many sarcastic encounters as in
the beginning. Many members have
withdrawn from the judictory, and gen
eral feeling of WEAKNESS and desire to
finish with bit of dissgreeable business
has settled upon the entire body.
AT the conclusion of the examination of
witnesses recess WAS taken until $50
p. m.
AFTERNOON SESSION
The presbytery reconvened at 1 80 in
judicial session. J. II. Stewart WAS put
on the stand for the purpose OF introduce
ing evidence in rebuttal OF the statements
made by the defense, claiming that the
motives of the presbytery in dividing the
First church were arbitrary and tyranni-
cal. Objections were entered by the de-
tense and overrulsd. Witness said that
SO far as the motives that actuated him
were concerned, they were in every sense
intended for the bost interests of all part.
les to the isue, and furthermore, so far
as he could determine. the same motives
governed the actions of all Nom bers of
the presbytery. With the repetition of
few points previously sworn to, the tax
ing OF testimony was concluded.
The prosecution then declared itself
ready to submit the case without argu-
mi II II rIoip cd fn- bo
defense the right to argue one of two
matters not formerly considered.
Counsel in his argument stated the
position of the elders in refusing to sub
NIT to the orders of the presbytery, show
ing that it was taken solely for the pur-
pose of defending their rights as a civil
corporation. He quoted from the statutes
of California in substantiation of his
position.
At this point Judge Mckinley entered
and communicated to the accused elders
the fact that the civil suit over the funds
before Judge Van Dyke in the superior
court had been decided in favor of the
First church adherents, which fact Mr..
Gordon joyfully announced to the presby-
terry.
In conclusion the speaker said eve
the truth. that the bone OF contention
in tho present difficulty is the money at
stake. The action OF the presbytery in
attempting to coerce the session of tho
First church was governed by the desire
to control the amount then in the treas
urv. And the refusal on our part was to
defend our interests. At that time l
maintained and | still hold that the mat
ter should be settled III the civil courts,
Unfortunate inded it is that it should
have come to this p
William r. Henderson argued the case
tn hn ion,
propositions advanced by opposing
counsel, citing as authority the records of
the general assembly.
This closed the case, and the iudica-
tory went into secret session to deliber-
ate upon verdict.
A VERDICT OF GUILTY.
After remaining out nearly an hour
and a half, the judlcatory returned with
the following verdict:
The presbytery OF Los Angeles having
heard the charge of oontumacy IN violat-
ing the authority and orders the pres
bytery, preferred by the proescting COM
mtittee of this body against ruling elders,
]. C.Salisbury, J. X. Hoffman. H. G.
Wiley, M. N. Avery and II. 7. Gordon,
constituting the session OF the Westmin-
star Presby terrain church of Los Angeles;
and having carefully considered the tes-
timony of both parties, together with the
arguments and explanations which have
been offered. as well by the accused as
by the prosecuting committee, is con-
strained to decide that the said charge
against the sal! ruling elders, CONSTITUTE.
ing the session OF said Westm mister
church, has been fully proved.
The presbytery having diligently con-
sidered the whole Case does hereby unan.
imously judge and determine that the
said session ought to be and hereby is
dissolved.
''The reason for this mild sentence ia
that the presbytery recognize the con-
fusion in the minds Of the several men,
bers of this session as to how hest to OBJ
tain radress Of seeming wrongs and that
they have taken the mistaken and re.
bellious way in this confusion. We
desire to give every possible opportunity
for the members of this dissolved session
TO show their future loyalty to the Pres.
byteran church. and for this, as breth-
rem in Christ, ws will continue to hope
and pray"
(SignedJ ~. W. STEWART.
"ALEXANDER PARKER,
"ROBERT STRONG,
'H. N. BALDWIN.
~. NJ. COYNER."
Fl. T. Gordon as attorney for the de.
Tense filed notice of appeal and re-
quested a stay of execution of the jut g.
inent, which was denied by Moderator
Thomsou