Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1909-05-05
CHANCELLOR HEARS BOTH
sides DOVER CHURCH FIGHT
DECISION WITHHELD IN THE FIGHT
FOR OWNERSHIP M. E. CHURCH
RidgeleY and Jones Represent the Great
Methodist Church and Hughes and
Hutton the Dover Trustees.

Chancellor Nicholson Withheld his
decision in the controversy between
the Wilmington Conference and the
trustees of Wesley Church, Dover,
at the conclusion of argument in the
case held at Dover, Saturday after
noon. Lawyer Ridgely, for the Con-
ference, closed by urging an immedi
ate preliminary injunction for the
opening of the locked church and par
sonage to the COnferenc appointed,
Rev. E. L. Hoffecker. care you
all through, gentlemen asked the
Chancellor, and upon being answeree
in the affirmative, he gathered up his
books and walked out after directing
that the pile of books used by counsel
be removed to the judiciary room. 1t
is said the decision will not be forth
coming for a fortnight, because of the
Importance of the case. The hearing
of the Court of Chancery was a re-
markable one. Two grounds of COM
plants were alleged by the three COM
plants who have sided with the Con-
ference and permitted their names to
be used to bring the desired adiudi-
cation-Trustees William Salisbury
and William S. Hannah, and Church
Member George w. Tebo, the latter
claiming that he is locked out of the
church where he is wont to worship.
First, the complainants petitioned for
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the nine trustees to open the church
doors to Rev Edmond L. Hoffecker.
the regularly appointed pastor of the
church, sent here by the the Milford
session of the Wilmington Conference.
Second, the petitioners prayed the
court to set aside cretain deed con-
veying the property for a debt of 500
to William j. Benson and wife, who
conveyed it back to the trustees with
the Methodist Episcopal trust clause
eliminated. The grounds of this claim
were that the deed was made and ex-
ecuted without the consent of Rev. S.
M. Morgan, whose consent as district
superintendent was necessary accord
ing to the laws, rules and church
polity of The Methodist Episcopal
Church of the United States of
America.
RidgelY and Jones For Conference
Henry Ridgely. of Dover, and
Frank M. Jones, of Georgetown, re-
presented the compliments and cited
a great number of legal opinions.
Some English laws, where the civil
government refused to interfere with
the operations of ecclesiastical organ
izations were freely cited. A star
case, however, seemed to be the
contest held few years ago over the
Methodist Church at Merchant yille,
N j., in which the Conference got
possession and installed it's locked-out
preacher by a decision of the courts.
In submitting their prayers, the COM
plainants presented the affidavit of
David H. Moore, one of the bishops
of the Methodist Church taken at
Wheeling, West Virginia, swearing
that he had appointed Rev. Edmond
L. Hoffecker pastor of Wesley Church
in accordance with the discipline and
church polity of the Methodist Epis-
copal Church. Similar affidavits were
read from the following: Alpheus S.
Mowbray, district superintendent of
Wilmington district; Robert K
Stephenson, district superintent of
Easton district; Stephen NJ. Morgan,
district superintendent of Dover dis
trict, and George P. Jones, district
superintendent of the Salisbury dis
trict. Affidavits that the church had
always conformed to the Methodist
rules were submitted by Edward
Haman. IS years a member; Thomas
G. Roe, q years a member, and
Richard S. Adams, years presiding
elder of the Dover district. The
compliments dwelt with great en-
phasis on the claims that the congre-
cation had admitted its connection
and liability to the Methodist Epis-
copal Church by commissioning dele
gates and sending them out to partic-
ipate in the law-making bodies of
the church, the lay electoral with the
General Conference of said church.
Huges and Hutton Represent Church
Ex-Secretary of State James H.
Hughes and John B. Hutton, the lat
ter an attorney for the recent Della
ware Legislature, represented the
seven respondents and the congrega-
ton. They had surprise in store
for the comlainants in the form of a
mysterious old deed executed by Mr..
Gooden, part owner Of the realty.
The respodennts also had some strong
English decisions to support their
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