The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-27
DR.. CRAPSEY'SDEFENC PUT IN
COUNSEL on ROTH SIDES TO SUM
UP TO-DAY.

y. l., ApTlI S1'-lne lGdl OF
DR.. Crapsey will be shorter than was ex-
pected. The prosecution rested this morn
ing and the defence this afternoon. The
defence would have lasted several days
but for the courts ruling out opinions
which witnesses for the defence were pre-
pared to swear TO, to the effect that DR..
Cfapsey's alleged hereto utteranceS were
not contrary to the doctrines OF the Church.
literally interpreted. Tomorrow morning
at 10 o'clock the summing up will begin.
1t probably will take all day
On Attorney North's advice the court
decided that the prosecution should open,
bat the right to the last word. as IL pro-
vided in the practice in the civil courts,
should be preserved. Several speeches
will be made on zach side. The proseou.
tons speakers will be Attorneys John
Lord O'Brien and Franklin D.. Locke, and
either Judge Sickness or the Rev. Frank
j. Hall. The defence's plan Is to have
Attorney James r. Perkins speak first.
Then the Rev. DR.. Elwood Worcester will
cover the theological phases OF the argu-
ment, and Attorney Edward NJ. Shepard
will make the concluding remarks.
The witnesses whose opinions were
barred from evidence we're the Rev. Joseph
Alexander Leighton, Phi. D.. professor Of
philosophy and chaplain of Hobart College;
the Rev. W. L. Hopes OF Cambridge Springs,
the Rev. Alexis w. Stein Of Fitchburg,
Mass, chaplain OF Columbia University;
the Rev. George Clark, rector of Calvary
Church of Cincinnati; the Rev. John Howard
Melosh OF Holy Trinity, Brooklyn; the Rev.
Charles Henry Babcock of New York,
author Of several works on theology and
history; the Rev. Nelson, rector of Christ's
Church, Cincinnati. and the Rev, DR.. Elwood
Worcester of Emmanuel Church, Boston.
who writes for the church press md pub
ishes a church paper Of his own.
The questions which Attorney Perkins
asked OF each OF them, but which the court
refused TO allow, are as follows:
In your opinion is there anything con-
tanned In the specifications OF the presentment
against DR.. Crapssy which Is contrary TO the
doctrine OF Christ as the Lord hath COM
manded and as the Church hath received the
eame'2
According to the understanding aud practice
Of the Protestant Episcopal Church, are the
passages from the sermons in the book OF
DR., Crapsey within the doctrine and faith,
as the same have been received by said
Church?
According to the understanding and prac-
tice of the Protestant Episcopal Church. are
the passages last referred TO within the doc
trine and faith as the same are held by such
Church?
According to the understanding and prac-
tice Of the Protestant Episcopal Church, is a
presbyter at liberty to preach the things
said or written by DR.. Crapsey. as proved
on this trial. II he be convinced that they are
taught by the Holy Scriptures
Is he at liberty as a pTesbyter 10 preach
the thing " written and said by DIR. Crapsey,
II he believes they are within the meaning,
properly construed, Of the Apostles Greed
and the Nicene Cree1?
To each of these questions Mr.. O'Brien
objected, and the defence took an exception
to the Courts decision in sustaining the OBJ
lection. Judge North, in announcing the
Courts ruling, which was on hisadvice,
said:
THE witness is asked to subst itute his
Judgment or opinion for that Of the Court,
perhaps even for hat Of the church. 1t is
not a question of expert testimony. If this
witness were to testify, no doubt the result
would be that a number OF witnesses, six
or a dozen. would be heard on each side.
In my opinion, this kind Of testimony would
not aid the Court"
After the court adjourned. DR.. Crapsey,
when asked about the exclusion of the evil
dence that the defence wanted to put in,
said:
We simply offered the evidence OF lead
ing clergymen all over the country who are
we'll versed in theology and who nave tes-
tifed that my ~utteranceS were not con-
trary to the creed. The Court in its wisdom
saw what to exclude. l have no complaint
to make. l do not feel that its exclusion
will be injurious to me-
At the opening of court this morning
the letter written by DR.. Crapsey to his
former curate, the Rev. Mr.. Alexander,
was filed with the court by Attorney O'Brien
as Mr.. A~lexander's answer to the ques-
ton whether DIR. Crapsey had asked him
to resign, over which question Mr.. Alex
ander struggled somewhat on the witness
stand Wednesday. The letter does not
quote the word aresign,' BUT plainly tells
him that the parish IS suffering from your
lack of interest in the work, and | believe
the welfare of the church will be promoted
II you seek a new field
The second witness called by the prose-
cution was the Rev. Francis Woodland.
rector Of st. James's Church, Rochester,
He was to tell of a talk that he had with
DIR. Crapsey in February, 1903, in which
the doctor denied the virgin birth, but
MT. PERKINS ODJectbu. n OnB argument
followed on the question whether utter
ances of DR.. Crapsey, other than those
specified in the charges against him, are
competent evidence. The Court finally
excluded the conversation and Mr.. Woodland
excused.
This ruling, which was announced by
Judge North to represent his own judg-
ment independent of bis advice, caused
quite q stir. Everybody or nearly every
body In court seemed to have assumed
that the court, which DR.. Crapsey's counsel
had intimated had necessarily prejudiced
him, would favor the prosecution as far
IS possible.
Mr.. O'Brien called for a Mr.. Cash. who
had been subppnaed but who failed to
appear. He was a former organist OF DR..
Crapsey's church. Mr.. 0'Brien had one
other witness whose testimony was in
tended to corroborate Mr.. Alexander as
to DR.. Crapsey's sermon Of December 81
last.
Mr.. Perkins volunteered that the defence
would put in no testimony on that point,
30 Mr.. O'Brien soon after ~ O'Clock rested
his case.
After twenty minutes recess the de-
fence opened It's case by calling the Rev.
Joseph Alexander leighton Of Geneva
to the stand. He Is professor Of philoso-
ply and chaplain OF Hobart College. He
testified as TO his knowledge Of the authors
Of certain books and letters bearing on
theological subjects and TO the fact 81 their
being members OF the Protestant Episco-
pal Church. The list included the fol-