Evening star., 1896-01-03
Decree Signed Today by Chief JUS
tioe Bingham.
qHE De fACTo VESFRY ENJQINED
Counsel for Defense Says There
Will Be an Appeal.
QUESTION OF COSTS

Chief Justice Bingham today signed the
decree In the suit resulting from the dis
puted election of vestrymen in st. Marks
Protestant Episcopal parish Easter Monday
last The decree, as signed, is in strict ac-
cordance with the opinion rendered by the
court Tuesday last, declaring that the COM
plainants. John P. Torbert, Henry ]. Wy
lie, VIM. T. Kent, Walter II. NARROW, Lex
ious A. Wood, VIM. r. Hillyer, John R.
Keech, Robt. J. Walker, Ira H. Johannes.
and Fredk r. Wallace. do now constitute
the legally elected and qualified vestry of
tie parish. and enjoining the defendants
fre m exercising and asserting any rights
as such.s The defendants were the vestry-
men, headed by Mr.. J. B. Bennett. as
senior warden, who since last Easter have
teen acting as vestrymen and known in the
parish as the de facto vestry.
Before the decree was signed Mr.. VIM. A.
Meloy on behalf of the complainants, and
Mr.. j. Walter Cooksey, representing the
defendants, discussed before the court its
FORM but. with slight alteration, the
form OF the decree, as submitted by Mr..
Meloy, was signed. Mr.. Cooksey objected
tc the decree stating that all Of the COM
platnants were duly elected, on the ground
that the legality Of the election of those
holding over from the election of 1894 was
not such an issue in the case as to require
Justice Bingham remarked that as the
election of the holding-over members of the
vestry had not been questioned, 1t was
proper for the court to declare their elec-
ton legal
The question Of costs also gave rise to
scme discussion, Mr. Cooksey claiming
that the defendants should not be forced
to bear all Of them. Mr. Meloy thought,
however. that they should, claiming that
the defendants had refused all overtures
looking to an arbitration of the question,
thereby compelling the complainants, he
said, to go to 81 eat expense to secure
legal settlement Of the controversy. Chief
Justice Bingham remarked that the case
presented an unfortunate state of affairs,
the question at issue seemingly never hav-
Ing been previously determined here or in
Maryland. He thought it right that the
complainants should recover the taxable
costs in the case, each side to lay, its own
attorneys fees.
Text of the Decree.
He then signed the decree, which was in
the following words:
First, that the complainants do now
constitute the legally elected and qualified
vestry Of st. Marks parish. Protestant
Episcopal. in the District of Columbia, of
whom John p. Torbert and VIM T. Kent
were legally elected to be the church war
dens, and the complainants, John R. Keech,
Ira H. Johannes. Frederick r. Wallace and
Robert ]. Walker. were legally elected
vestrymen at the Easter Monday election
of 1895.
Second, that the defendants, JOS B.
Bennett. Samuel B. Roane, Chas. B. Fonda,
Edwin K. Lundy, Adam Gaddis and Rich
ard j. Earnshaw, be and they are hereby
restrained from exercising and asserting
any rights as the vestry or as members of
the vestry of St. Marks parish, Protestant
Episcopal, in the city Of Washington, by
virtue OF any pretended election in said
parish on Easter Monday, 1895
Third, That the defendants hereinbefore
named discover, account for and pay over
to said complainants all moneys which
have been taken or received by them. or
either of them. or offerings Of the parish
iCrers. or otherwise, I'm any way whatso-
ever. for the use or benefit Of said parish.
ard. furthermore that they do forthwith
snd Mnay to reupn sad aeTs Ts
up to the complainants any and
all books, plate, personal and real
Pre- perty belonging to said Parish which
poss, sion Of or control over; and that for
the purpose Of such discove ry and account
Ing this cause is referred to the auditor of
this court, who shall require said defendants
to attAnd before him ar state such ac-
count and discovery under oath, subject to
cross-examnation and upon such hearing
the parties thereto may produce before the
auditor any witnesses or other testimony
pleper and pertinent to such hearing, upon
which he shal. make report with all con-
veniert speed for the further decree Of this
court.
Fourth. Finally, that the complainants
recover of the defendants hereinbefore
ramed their cocts snd expenses of these
proceedings, to be taxed by the clerk, ex-
cepting attorneys fees, and now have ex-
eouticn therefor"
COntemplates an Appeal.
Mr. Cooksey strongly intimated that the
case would be carried to the Court Of APP
peals by asking the court to fix the amount
of the appeal bond. He suggested s., 600
as the amount, but upon Mr.. Meloy's as
sertion that $1,000 would not cover the ex-
penses of the appeal the court fixed the
amount of the bond at 5000. Mr.. Cook
sey explained to Star reporter that he
could not assent to the decree, as signed,
opinion, be surely carried up to the Court
of Appeals. '~--
A Vestry Meeting.
In accordance with a call from the rector,
the members Of the Torbert or de jure ves-
try assembled at the church last night, but
as the decree had Tot been signed no busi-
ness was transacted. In case an appeal is
taken ana a supersedeas bond filed, 1t is
claimed that the de facto vestry will con-
tinue in Office until the appeal is finally de-
cided, even ii the case ultimately goes
against them. An appeal hence might post
zone a settlement of the trouble in the par
ish until after a new election Is held in
Easter. However, the majority of parti-
sans of both sides express themselves as
most anxious to have peace Some of tine
defendants were of the opinion that there
would be no appeal IL the costs were not
taxed against their side. They held that
they were acting simply as the trustees of