New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-10
TROUBLE OYER WARSZA WAX
CONFLICT IN THE SESSION OF THE
FIFTH AVENUE CHURCH.
THE MAJORITY VOTES TO DISMISS THE CHARGES
AND RESTORE HIM TO THE COMMUNICATIVE
MINORITY COMPLAINS TO THE PRES

AND RESTORE HIM TO THE COMMUNICATIVE
MINORITY COMPLAINS TO THE PRES
BYTERY.
Fresh trouble has broken out in the fif'h
Avenue Presbyterian Church arising from the
Warszawiak case majority of the members
OF the Session of the church. after discussioh
lasting until a late hour last night, passed
series OF resolutions 6ismissing the charges
against Warszawiak and restoring him to the
communion of the church 'as member IN Sood
and regular standing" A minority of the Ses-
sion not only opposed the restoration OF the
Jewish convert to membership in the Presby-
terian Church. but maintained that, as the case
was still in the General Assembly. the Session
was without Jurisdiction and had power 10
dismiss the charges. Thus the dissension
which nearly two years ago. led to the with
drawal from the church of several OF the most
influential Of the congregation. which was the
cause of the late DR. Halls resignation after
ministry Of thirty years and which members
of the church do not hesitate to say helped to
hasten his death seems likely to be renewed
again with as great bitterness ever.
The motives OF the action taken by the ma
jority last night are. 1t ascertained. twofold
The first was a feeling of dissatisfaction that
the Synod. at its meeting in Troy in october
last, should have referred the matter back to
the General Assembly on what were thought to
be trivial grounds. thereby unduly prolonging
the settlement of the whole thing. and the sec
ond was desire to remove the dispute from the
church in order to facilitate the selection of
new pastor It has all along been felt that 1t
would be unfair to any minister to bring him
into the pulpit while the WarsZawiak cloud
hung over the church Hence the action OF the
session last night 1t now, however. becomes
question as to whether the decision of the ses-
sion will stan !.
1t is the opinion Of some people versed III the
law OF the Presbyterian Church that inasmuch
as the case is now in the General Assembly the
session cannot at the present time resolve ITSELF
into judiciary
In order better to understand the point at
issue. it may he explained that the case IS SUD-
stantially as follows Charges were originally
made against Warszawiak in the Session on
grounds affecting his fitness for the Gospel min
istry Judgment was rendered against hifn' ana
that Judgment was affirmed by the Presbytery.
Warszawiak appealed 10 the Synod on the
Ground among others that judgment was rem
fered against him without an opportunity peihs
given to him TO be heard The Synod sustained
the apppal, but the iren'Tdl <tSScihpiS' "'''~
unfolding this decision. remanded the case back
TO the Synod for the purpose OF the case peins
proceeded with according to the methods and re-
auirements of the constitution. or, IN other
words ordering that the charges against Wars
zawiak should be tried with proper procedure
The SYNOD in October last decided that the de-
liverance of the General Assembly was 'suscep-
tible of several interpretations" and asked for
bofOrp going ahead
with the trial.
This meant that nothing further could be done
until the General Assembly met next May The
majority Of the session of the church thought
this was unduly proonging the affair, and last
night they took the matter into their own hands
end sought TO settle it then and there by dis
missing the charges against Warszawiak. But
according to people qualified to interpret the
PRESBYTERIAN law the action of the Synod has
not restored the case to the session. They say
that the Synod being in doubt as TO the exact
meaning Of the General Assembly. referred the
case back for instructions, and that 1t is now
in the General Assembly.
TIE question was warmly debated last night.
After the meeting Samuel b. Scheffelin, con-
slstent defender of Warszaviak, stated the case
for the majority when he said that the session
had power to act. and that the Synod and Cen
eral Assembly had kept the case alive by
quibbling questions that boy might nave
decided.
Silas B. Brownell. who has always considered
Warszawiak guilty Of the charges brought
against him, in reply to an inquiry as TO the
Jurisdiction Of the session, made the following
written statement The majority of the Session
think the is not In the General Assembly
The minority think it is The majority voted TO
dismiss the charges. and the minority have COM
planned TO the Presbytery
The resolutions passed last night by a vote, it
Is said of to 3 after reciting the charges
brought against Warszawiak proceeded;
Whereas The witnesses named in this speci-
fcaton TO support the charges except some who
were called at the former trial - prove formal mat
ters not touching the charge of eambling): our
Church Except possibly one). and some Of them
are not even adherents to any form OF Christian
faith. and therefore are not sucn mat unquailheu
credence should be given them. ana
Whereas The former trial and subsequent pro.
irritation and n detrimcnt to kindly. brotherly
Christian feeling in the Church, ara detfment eit
10 the advancement OF Chrsts Kingdom In our
Resolyed. That It is the judgment Of this court
that a retral of Hermann Warszawiak upon the
charges heretofore preferred against him would
NOT result I'm any good or to the purity OF the
Church. but on the contrary would dssur4 th the
peace and unity OF the cohsleEd'io" an" Va Nic
OHulSniS RsniySed That the said charges be and they
hereby are dismissed. and that Hermann Warsza-
WAX be and hereby is restored to the Communion
OF this church as member IN good ana regular
standing.
The members of the session declined to say
whether or not in accordance with the custom
Of the church the finding would be read from
the pulpit next Sunday. but in view OF the
complaint to be entered by the minority to the
presbytery IL is thought probable that the public
announcement will be held back for the present.
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MANHATTAN LAWYER BADLY BEATEN.