Every evening, Wilmington daily commercial., 1921-04-19
McElMOYLE CASE
FIGURES LARGELY
AT PRESBYTERY
Continued from page |

Sirs: As | am charged by the synod or
Baltimore with the duty of representing.
as attorney. the ElSton church In the
matter of the appeal by tho Presby-
terry of New Castle from the action of
the Synod to the General Assembly at
its next meeting. IL is necessary for me
to have access to the books showing the
minutes Of the session and the register
of said church in order TO make suitable
defense.
DR.. Turner modified hts motion. word
attested copy of tho minutes to Judge
Pcelle with notification of where he
might consult the books
Where are the booksT-' Rcv. u.
FrankliD Smiley asked.
I'm fho hands of the Presbytory's
committee on Defense" Rev. J. II. Mill
gan replied
Rev +. II. Moore suggested that the
committee return tho books when II got
therefrom information IL desired
DIR. Smiley said retaining the books
might proionR the case two more years.
DIR. Gilfillan made n substitute motion.
that the committee on defense be in
structed TO allow outside parties in
terested in the case such use OF tho
books as might he eCclosiastically legal
and 10 SO notify Judge Peelle.
Rev. Charles II. Rohner cautioned
against loss of the books and proposed
that they be sent to the clerk of the
General Assembly.
Il am advised that you have not vet
complied with the order or request of
the Synod In returning to the Ellxton
church the books. etc. referred to, and
| now request that YOU return the same
90 the church at once, as otherwise the
case on appeal 70 the General Assembly
will not be ready for consideration or
action by the General Assembly
In case IL is the purpose OF the
Preshytery TO use in any way the min
utcs and testimony taken by the cxccu-
tive commission oC tho Presbytery of
New Castle in tho matter Of the petition
Of the Fslkton church for meeting to
elect elders. then l request that said
minutes and testimony also be returned
or sent 20 said Eikton church that I
may have access thereto in making
proper defense
Yours truly.
IS J. PeelIe.
Attorney for Elkton Church"
Custody Of the Books.
Rev. Joseph Brown Turner moved
that the Presbytery retain tho books
showing minutes and register and send
copy OF the minutes to the Elkton
church
Rev. Joel S. Gilfilan argued that the
books are property Of the Presbytery.
and feared they might not be delivered
70 the clerk OF the General Assembly
next month IL they swere sent TO EIkton
mea nwhile
DIR. Smiley substituted the substitute
by moving that the Progbytery com
rly with Judge Peelle's request.
DR.. MilliEan thought complying with
the request would strengthen the
Presbyterys case before the General
Assembly,
Or. GilhIlan stated the committee on
defense might need the books and added
that the Presbytery might be left in
lurch Il they did not reach the General
Assembly. lie favored giving Judge
PeelIe fun access to the books. but ad-
vised the Presbytery TO safeguard them.
pr Turner remarked that retaining
the books might prejudice the Presby-
tery's case
DR. Gnhllan was undecided as 10
which side the minutes were more val
liable
Rev. r. Alexander Boyle suggested
referring Judge Peelle's letter 70 the
Preshytery's legal representative. who
was absent.
Books 20 be Returned.
DR.. Turner's motion and the two sub
stitutes were withdrawn. after which.
on motion Of Or. Gunllan and with few
a
compliance with the Synod's request
that the books be returned to the Elk
ton church
Records Returned 70 EIkton.
Elder +. Leonard Wales a member
70 the committee on defense. appeared
before the Presbytery and transferred
from the committee to the stated clerk
the minutes and register Of the FIkton
Church which comprised part Of the
record in the McElmoyle case when II
was heard by the Presbytery and the
Synod Of Baltimore. In compliance with
Presbyterial orders. the stated clerk will
return the minutes and register to the
EIkton Church.
win Ask Copy Of Records.
On suggestion of Mr.. Wales the
Presbytery decided TO ask the SYNOD
Tor complete copy of the records con
cerning Synodical action relative to the
dissolution of DR.. McElmoyle's pastroal
relations and the Elkton Church's elec
tion Of elders. which the Presbytery will
use in its appeal TO the General As
The Presbytery began its 107th stated
meeting in Manokin Presbyterian
Church Yesterday afternoon. with Rev.
w. s. kreger. retiring moderator. pre-
siding and 90 members present.
Presbytery Organizes.
After the Presbytery had been con
stitutcd with prayer. Rev. George A
Burslem of the New Brunswick, y. J..
Presbytery, DR.. Hayes Of the Iacka-
wanna. Pa, Presbytery and Rev. Arthur
9. Tibbitt of the Evangelical Christian
Church were invited TO sit as CORE
spending members
For the ensuing year the Presbyte7y
elected officers as follows: Moderator,
Rev. J. Watkins Lacy Of Pocomoke
City; moderator, Elden W. o.
Iankford of Princes Anne stated
clerk and treasurer. Rev. ]. NJ l..
Eckard Of Smyrna; permanent clerk.
Rev. Robert 6. Pitzer Of Delaware City:
temporary clerks. Rev. W. II. Davies Of
Rock and Zion and Rev. William Gibson
of Georgetown. DR.. Mnligan declined
reelection as stated clerk because of