Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-27

NEW YORK, November 27.-Edward M.
Shepard. who defended DIR. Algernon S.
Crapsey, gave out a statement yesterday
with regard to the heresy case. He says.
among other things, that the membership
of the Protestant Episcopal Church in
this country has been slowly dwindling
since 1880, and that it is likely to keep on
dwindling while there prevails policy like
that of Bishop Walker
Mr.. Shepard says also that he told DR..
Crapsey that the court of reviews de-
cision would never hold If appealed to a
civil court. DR.. Crapsey, 1t is stated, re-
fused to act upon this suggestion. although
there was cited to him Bishop Scar
boroughs deposition of the Rev. Mr.. Jen-
nings, which was held void by the supreme
court of New Jersey some years ago.
Referring to DR.. Crapsey's letter to Bish-
op Walker, in which the rector formally
renounced the ministry, Mr.. Shepard said
Mr.. shepard's Statement.
"Dr. Crapsey's Counsel first learned Of
his letter to Bishop Walker after its prep
aration, and when he told them that his
conclusion to send it was unalterable.
nevertheless pointed out to him that he
had, with many others, Inexperienced
the scope of the decision of the court of
review. Although the high standing of
it's members might have given weight to
their conclusion, If they had reached one,
on the really great questions in the case,
the fact was that they had absolutely
refused to deal With any of those cues
tons. Their judgment included no con-
domination whatever of what DR.. Crapsey
had done. The prevailing majority of the
court at Batavia were relatively mex
perienced, and young men unknown to
ha oh %lo
review represented the seven dioceses of
New York and New Jersey and included
really representative men. Nevertheless,
the higher court decides that the lower
nounce the church's mind upon spiritual
or literal Interpretation and announce the
limits of its federation and it's policy as
to intellectual liberty.
For Judge Andrews and DR.. Hunting
ton and their associates it was permitted
so they decided-to deal only with lesser
and lower questions of formal procedure
questions such as arise, thousand OF
them, every day in civil courts in suits
for rent or the price of goods. This anom-
alous situation they say. may be re-
gretted,' and they suggest that the possess
sion by the lower court of so great and
absolutely unrestrained power as they
exercised In the Crapsey case should serve
as an admonition for considerate and eau
tious procedure 1 wish, indeed. that the
admonition had been before the Batavia
court.
Rulings Of Review Court.
Upon the rulings of the court Of re-
view, such as they were, Dr.. Crapsey' s
counsel, who are lawyers, could form an
opinion better than he. I told him my
belief that the decision was wrong, and If
tested would not stand; that. according
to the canons, he was entitled to a stay
until the actual esta blishment OF the final
~ Of q
stitution of the church: that upon two
points at least, which Mr.. Perkins and
had argued, the judgment would be held
void by civil court precisely as Bishop
scarborough's deposition Of the Rev. Mr.
Jennings several years ago had been heio
void by the supreme court OF New Jersey.
But DR.. Crapsey peremptorily rejected
the idea Of appeal to civil court. even
church had found itself powerless to deal
with the only question of real moment
nevertheless the action of his clerical breth-
rem In the lower court had, for the world at
large. been sustained, and his personal for
tunes should, he said, abide by the decision,
right or wrong. The cause of intellectual
honesty and free study had been opened to
the church. and he would not hinder IT by
further personal controversy.
I'm retiring from a case to which l, like
nv associate, Mr.. Perkins, came solely to
serve what we believed to be the true prin-
ciples and traditions and the noble future
broader and farther seeing wisdom has not
prevailed, and that our ecclesiastical au-
thorities have. for the time, decided that 1t
is to be sect and one of the lesser sects
in the United States. In the year 1890, ac
cordng to Whitaker's almanac, the COM
municants of the Protestant Episcopal
Church numbered IA per cent of the popu-
lation of the country, and today numbered
IL per cent. However great it's wealth in
New York and a few of the larger cities,
the church must, of course, remain of this
relatively small and dwindling Importance
while there prevails a policy like that Of
Bishop Walker
Bishop the Prosecutor.
1.-THE court held that, technically the bishop
was not a prosecutor, but every one knows
that he was the real prosecutor. Neverthe-
less l concede his sincerity. Whether he
now thinks that what he has done was for
the good of the church, I am not sure. 1
am entirely sure that he so felt at the be-
ginning. However narrow and short-sighted
the view of duty held by him and those
with him, they at least believe strongly and
act upon their belief. And, as Thomas Car
lyle prea ched, strong, honest belief of itself
signifies much for mankind.
II have far more respect for their conduct
in this matter than 1 have for that of the
senior bishop of New York in the attack
which he has seen fit to make upon DR..
Crapsey. While the cause was still under
judicial consideration, and while every con-
sideration of fairness made it proper for
one in his responsible place to be silent
upon it, he told his clergy in unmistakable
fashion, though resorting to the device OF
not mentioning a name, that DR.. Crapseys
motive had been a sordid desire to hold on
to the money revenues of his place.
This false and Indecent imputation
comes from a bishop who has. for many
years, been conspicuously Indifferent to
preaching In his own diocese, more heret-
ical than DR.. Crapsey's was deemed to be-
The imputation deserves. and I believe it
will receive, moral contempt from every
right thinking man who knows Of 1t.
DIR. Crapsey has not, ever since he en-
tered the ministry, lived with the rich he
is not served today by butler and Sec
ond man and footman and a coachman;
he is not one of the chief figures at the din
nf raci1ra