Evening journal., 1919-10-29
M'ELMOYLE CASE
is REFERRED BACK
0Continued on Page Twenty. ]

&
before the relations Of the pastor can
be dissolved.
DR.. McElmoyle withdrew two Of his
appeals before today, which left but
lone nOint that the Judicial Commission
of Twelve members named yesterday by
synod considered. This was his appeal
from the refusal Of the Presbytery Of
New Castle 10 allow him 20 call the
congregational meeting. His appeals
from action OF the Presbytery. restrict
ing his marriage performances and re-
questing his resignation were both
withdrawn.
The Judicial Commission this morn
ing sustained his appeal as. TO the con-
gregational meeting on the ground that
the Executive Commission, appointed by
the Presbytery OF New Castle, had been
given plenary powers and that com
mission in its report at Berlin recon-
mended the calling Of the congrega-
tional meeting Having been given full
powers, The Judicial Commission held
that the action Of the Executive Com
mission should have been sustained by
the Presbytery.
The Judicial Commission in It's re-
port to the synod today, sustained the
appeal and the synod adopted the re-
port.
The Judicial Commission in It's report
today directed the Presbytery OF New
Castle 10 hold a meeting at the earliest
possible moment to consider the ap-
lpolnling Of a date for the calling OF the
congregational meeting at the Elkton
Church.
Opponents or Or. McElm0yle claim to
see a loophole IN the report for them.
however, They point out that the re-
port says consider" the calling OF
such a meeting and consequently the
Presbytery Is not compelled to call the
meeting. 10 was rumored that the con
gregational meeting viii not be called.
The synod this morning laid on the
table a motion 90 endorse the league
of nations without reservation. 10 was
considered that this was too broad for
action.
The synod by a small majority adopt
ed a-resolutiOn approving the action
OF Congress in passing over the veto OF
the President the prohibition enforce
ment bill The minority objected TO
the implied censure Of the President
in the resolution.
A criticism OF the minutes OF the
stated clerk OF the Presbytery Of New
Castle In the McElmoyle case, as sub
miited by the committee on Presby-
terial minutes this morning, was not
upheld by the Synod.
In case Of infavOrable action by the
Synod OF Baltimore. DR.. John McEl-
m0yle, OF ElktOn. may appeal 10 the
General Assembly.
There was a tension in the atmos-
phere during the afternoon session Of
the Synod OF Baltimore in the Eastern
Presbyterian Church yesterday While
important topics were being discussed
in the open session, members OF the
Presbytery Of Now Castle listened with
, half attention. conscious that the judi
cial commission of twelve men from
the Baltimore and Washington pres
byterles, was wrestling with the Elk
ton church troubles. The commission
convened behind closed doors shortly
after ii.3O O'Clock yesterday morning
continuing with a brief lnlermission
for lunch, until 6 o'clock at night. and
again taking up the problem in the eve
ming
From time 20 time various men were
called before the commission to give
ieilmOny. DR.. McElmoyle. and his legal
representative Judge j 5. Peelle. were
called in. The committee to defend
New Castle presbytery were among
those present before the commission
This committee consists OF Or. T. :
ArmentrOut, Of Lower Brandywine
chairman; the Rev. Floris Ferwerda, Of
Dover: attorney +. Leonard Wales, an
elder OF the Salisbury church. and
Judge w. 5. Prickett. an elder OF Cen
tral Church. Wilmington. Judge Prick
EFT. however, was not attending the
synod The Rev. Charles H. Bohner, OF
Hanover Church. Wilmington, moderator
OF Presbytery OF New Castle, Dr. IT,.
Franklin Smiley, OF West Church. VIII
mingtOn; the Rev Robert Boyle. OF
Salisbury; James Smythe an elder or
Green Hill Church. Wilmington the
Rev. Verbruyck, OF Mlddletown, all OF
whom have served on one OF more OF
The various investigation committees
into the Elkton case, appointed by
Presbyiery Of New Castle, appeared be-
fore the commission.
+, There were a vast amount Of papers
in the case. Dr.. McElmoyle's second
appeal. asking freedom from the pres
bytery's restrictions on his performing
mission to call a congregational meet
ing TO elect new elders was balanced
, by the answer OF the Presbytery. on
: advice Of counsel, Dr.. McElmOyle had
, withdrawn his flr1 appeal against the
request Of the Presbytery for his resig-
nation from the Elkton pastorate.
All the records OF the stated clerk of
the Presbytery Of New Castle were
: submitted to the commission. r. Leon
ard WALES submitted to the commits
sion printed copies OF the testimony
taken by the presbyterial investigating
5, committees. These copies have not been
. made public.
e 10 Is understood that Dr. McElmoyle
= has submitted petition. with Elkton
signatures, asking for transfer Of ih,
= Elkton church to the Baltimore Presby-
i terry. Il is said there would be little
/ likelihood OF such action. as It would
disarrange geographical boundaries Of
the presbyteries, and it would start q
! bad precedent.
II Or. McElmoyle was present yesterday
but none OF his followers. Elders
Henry NJ. Mccullough and W. Stirlln.
Evans. OF the Elkton church. who are
opposed TO Or. McElmoyle's remaining
as pastor. and Mrs. Evans were presen
yesterday. Mr. and Mrs. Evans arrived
in the afternoon. Judge Abercrombie
of the judicial commission, is moder
ator OF the Presbytery Of Baltimore.
Or. McElmoyle has been minister o
the Elkton church for something lik