New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-27
WARSZAWIAK CONVICTION
GENERAL ASSEMBLY REvERsEs NEW
YORK SYNOD.
CASE PUT BACK WHERE TT wAs-sTRoNG
ANrI-PoLYGAMY Neutrality-suspicious.
OF MGIFFERT CASE.
my TELEGRAPH TO THE rRIBuSR.l


again Tomorrow The Judicial Commission reversed
the judgment OF the Synod Of New-York In that
part which remanded the case 10 the lower courts
with instructions TO retry Warszawia upon amend
ed charges including the use OF moneys contributed
for missionary purposes. The Commission declared
that the Synod had constitutional right to In
struct the Presbytery to instruct the Fifth Avenue
Church session 10 retry Warszawak upon charges
relative to his moral character which were not
involved in the original charge. Otherwise the
judgment stands and the Synod is now directed 10
proceed with the case according 10 the methods
and requirements OF the constitution The appeal
OF warsza WAX against the New-York Presbytery
dismissed. on the ground that the Presbytery
properly declined to carry out the Synods instruc-
ton while the appeal In the Assembly was pending.
This delays the matter until the meeting of the
Synod In October when the case will be exactly
where 1t a year ago before the Synod re-
manded the Warszawiak was convicted by
the Fifth Avenue Church session the Presbytery
sustained the judgment and appeal was taken
10 the Synod Both WarsZa WAX and. his counsel.
Dr. James c. Patterson. OF New York declare that
the decision is victory for him. Sas B. Brownell.
OF the Filth Avenue Church is confident that 1t Is
victory for the prosecution which ne represents.
and every member OF the Assembly who knows
anything about the declares that IT is victory
for the General Assembly 1t would be difficult TO
imagine decision which would please many op-
posing interests.
NO CHANCE FOR COUNSEL TO BE HEARD.
DR.. Patterson in the Assembly to-day and
pleaded for opportunity TO speak. but looking
him straight in the eye. DR.. Sampe, a tellow-Pres-
byter asked II in utter ignorance OF the fact:
Are you a Commissioner"
Il am not" replied DR.. Patterson but am the
counsel for Mr.. Wsrszawiak and have been so
recognized by the judicial Commission"
you cannot be heard without permission OF the
House" said the Moderator.
II move that We adjourn" said Dr. w. p. Put
nam. Of Logansport. Ind.
The motion was seconded and with Or. Patter-
son still beseeching for the privilege Of speaking
his haggard face more appealing even than his
plantive voice. the motion was carried, and the
Commissioners went dinner. not one OF the coo
men moving that his counsel be heard In behalf OF
Mr.. Wsrszawiak.
The memorial from the Fifth Avenue Church
session. asking that the case be remanded Tor
new trial together with protest from minority
Of the session. was returned by the COMMISSION
10 the Assembly to be dealt with as In Its WISDOM
Il might deem best. The paper was referred 70 'he
Judica, Committee. OF which DR.. Mchioon IS
chairman and DR.. Patterson and his client are
hoping tonight that Dr. McKibbin will recommend
that the be sent to the session over the heao
OF the SYNOD and the Presbytery: but 1t may be
said on good authority that they will be disap-
nolnted when the Assembly meets tomorrow morn
ing.
Among the important actions taken by the Cen
eral Assembly to-day was the adoption OF reso-
luton calling upon Congress to expei brishai" H.
Roberts from the House OF Representatives. on
tho ground that he is an avowed polygamist. and
calling unon Congress TO secure the passage OF a
amendment making polygamy
crime and declaring that only monosamic "i
rage is legal. The Assembly adopted WIN srea.
enthusiasm the resolutions, which were presence
by Dr. Wallace Radcliffe. Some one caied io'
tha anffr
ANT1-POIYGAMY RESOLUTIONS.
These are the resolutions.
Whereas The election OF Brigham II Kooer's "
,-tsh an avowed polygamist 10 the House Of Rep
resentaves OF the LVlth Congress mas mas, ths Nor
mon leaders sim living in P9Ssg SsSgs. r smd
in defiance Of the laws and constitution OF t"e '
u whereas. The teaching and practice OF polysamy
is demorazing to society. and destruc'ifr - }nst
Fundamental principles upon Wifn our Tssts and
Wberess In view Of the past history Of the con-
test over the practice OF polygamy the HOUSE tpssa 01
y fPoberts 70 have voice in its councils without
in effect sanctloning the practice Of poiygamy AMI,
nant power in Utah making II Impossible to es
terminate poyssmG9,Es this General
Assembly representing rs Presbyterles over ,,uV
ministers and 500 local chHgcnef T does here
BY most respectfully and most earnestly can upon
every Representative IN me Nv bsnst ali Honorable
mans me 70 secure the prompt expulsion OF the said
Brigham H. Roberts OF Utah from the no o,so Oh
OF the National Constitution In Article l. Sectlon
bos f Gongress may determine the rules Of
proceedings, punish its members for disorderIy pc
havlor and with the concurrence Of two-thirds'
expe a member"
This Assembly does also hereby most respectfully
nd most earnestly call upon every member OF the
Senate and House OF Representatives TO use his
utmost endeavor and TO exhaust an nonora ape
10 secure action by the ~ I'm congress pro-
posing an amendment to the National Constitution.
and ne SANE 20 Inc o be mono mo-
gamic. and making poygamy ana poIygamous co,
crime against the United States. punishable by Sc
we're penalties including Acknowledgement and dis
qualification 10 vote. hold any office Of honor
or emoument under the United States or in any
State or Territory thereof .- . ,,o
voter in our various local churches throughout the
land to use his utmost endeayor and to exhaust all
tive Of his district and Senators OF his State the
earnest desire OF their constituents for the ex-
adoption OF a constitutional amendment which will
effectually put stop to the practice OF pSlysamy
sure the said Senators and Representatives Of the
moral support and hearty co-o2eration OF N every
from the disgrace and curse Of polygamy
The last remaining Board. that which builds
churches and parsonages. was represented to-day
by Its secretary. Or f. y. White. OF New-York
Excellent work has been done during the year.
This is one OF the boards which never reports a
debt II considers itself merely an agency Of the
Church. and only uses the money which the
Church supplies The Freedmens Committee re-
ported pledges toward its debt agg-egating SSso.
The McGiffert case did not come up to-day and
the Commissioners congratulsting themselves
that their unanimous and decisive action Yesterday
will make peace In the Church. The impression
has gained ground here that DR.. McGinert con-
templates withdrawal from the Presbyterian min,
!stry in order to unite with the Congregationai
body "A man who can stand for such con.
demnatory deverances as the Assembly gave iast
Vsar and this year does need heresy trial in
addition" said member Of the Assembly To-Day
s'Ue is already condemned and In justice 10 MN
self not 10 speak OF the peace OF the Church, ne
should quietly and quickly seek a home In another
fold
"HOCHS" FOR GERMAN SINGERS.