Evening journal., 1917-02-17


down. tho Revs. DR.. Robert Watt, Dis
trict superintendent; George w. Daw-
son. OF Asbury Church; John l.. John
son, of Scott Church, and the Rev
Mr. Cooke being the only ministers
! Mr Cooke make no statement in the
court following the reading of the
! opinions by the judge Several preach
ers arrived too late to get into the
courtroom 20 hear the opinion read.
Judge Churchman gave considerable
thought and research 10 the prepare
tion OF his decision. In the trespass
case II covered thirty typewriter
pages, and in the disorderly conduct
case ten pages
Authorities by the score are cited
and quoted from by Judge Churchman
in the trespass case. dealing with the
principle OF separation OF church and
State in the administration OF church
affairs and government. Altogether
the judge set forth LAG cases and au-
thorues, all OF which he had read
and from many OF which he had
quoted, bearing on the legal question
involved in the Cooke case.
Judge Churchman's decision in the
trespass case is as follows:
state Of Delaware VS.. Rev. George A.
Cooke. No. 1872, January term,
1917 CTrespass)
Information.
The information charges that the
defendants on the twenty-eighth day
Of January, A. ID. 1917, with force and
arms, did unlawfully commit a nui-
sance. to wit: Did wilfully trespass
on the property Of the Wesley Metho-
dist Episcopal Church, situate at the
corner of Linden and South Jackson
streets, Wilmington, Delaware, against
the form of the Act OF the General AS
sembly in such case made and pro-
yided, and against the peace anu dig
nifty of the State.
Statute.
"The statute under which this infor-
nation is filed is known as Section
4767 (Sec. 40, Chapter 1870, and reads
as follows.
Whoever shall wilfully enter into,
upon. OF trespass upon tho ways, lands
or premises Of another In this State,
shall be guilty OF nuisance. Any
constable or. other conservator OF the
peace, the owner or occupier OF such
ways, lands or premises, his agent or
employe, or any other person or per-
sons whom he, or any OF them may
call to their or his assistance. shall
have authority TO arrest such offender,
either with or without warrant,
either upon the premises, or I'm i'm
mediate flight therefrom, and If with
| warrant, then at any place, and take
him before a justice of the peace, or
municipal court OF a city, in the
i county where the offense is COM
\ mltted; such Justice Of the peace or
municipal court Is hereby authorized
70 hear and determine every such
case in summary manner. and II he
shall find such person guilty of the
charge, shall, for each offense, impose
fine OF not more than 1--WE dollars
and costs. Tho persons so found
guilty may also be held in recogni
zance with. good security 10 keep thu
peace, and not 20 trespass for on'
year, IN tho penal sum of one hundred
dollars. n the fine and costs arc no
paid, or rocognizance not given wher
recoenizance is required. the justice
or municipal court shall commit sucf
offender TO the county prison or work
house. for a term not exceeding
thirty days All prosecutions, pro
coodings and costs, whore not hereil
otherwise directed. shall be the same
as in other criminal cases before such
Justices Of the peace and municipal
court
Contention Of the State.
"The state OF Delaware through It's
deputy Encouragement, contends
that the Rev. George A. Cooke. the dc
PENDANT at the bar, who heretofore
had been suspended from all minister
ial and church privileges in the
Methodist Episcopal Church by the
} duly constituted authorities OF that
church. in conducting the religious
services Of tho day named, at the
place named. as a minister Of The
Methodist Episcopal Church, wa'
guilty OF trespass under the law o.
this state.
Defendants Contention.
"The defendant contends that thu
church trial, or investigation, was in
valid and void because:
"(a) The investigating committee
or trial body, was not presided owe
bv the proper person under the law
of the Methodist Church.
/
conducted according to the rules an
y laws of tho Methodist Episcops
s Church.
4 "(c) The trial body did not hay
l, jurisdiction.
= "(d) The trial was maliciou
| prosecution or persecution.
: "(e) That the verdict or finding q
the committee. which sat as a Jury
a the investigation, was secured by ur
: lawful means.
a "C) That there was fraud in Oh
judicial court Of the church.
S "(g) That the accused was wrong
+ fully ruled on the witness stand.
r ON That the accused was not pei
n mitted to interrogate the members {
the committee. who sat as a jury !
Z the investigation, in respect TO certai
I matters; and
g "m That the ruling Of tho chair
: man Of the committee az the investiga
ton were unfair in certain respect
The Facts.
"All the facts which are necessar
to consider for the determination G
/, this cause, are admitted and are a
: follows:
|, The accused was a Methodist min
r lister Of the Wilmington Annual Cor
q ference. in charge Of the Wesle
/ Methodist Episcopal Church, locate
l. at Linden and South Jackson street.
/ in the city of Wilmington, and ha
/ acted as such minister for humble
Of years Cer.ain troubles arose
that church. as a result OF which Ger
~ Z