The Washington times., 1924-05-28
TO TAKE
HERESY CASE
To COURTS
Threatens Appeal to State it
Church Decides Case
Against Him.
Continued from First Page0

forty-five minutes.
The temper Of the court today
was distinctly toward applying an
acceleration to the trial. The denial
Of all Sharts' motions was regarded
as foregone conclusion.
STARTS argued his motions on the
basis Of common law as practiced In
the courts Of Ohio. The indictment
and charges against Bishop Brown,
he said, would not stand up for Il
minute in court Of equity.
THE ordinary common criminal
is surrounded by legal safeguards"
said STARTS. Here we have none"
The bishops judges listened atten-
lively, but 1t was apparent they
considered It all a waste Of time.
STARTS threw the definite threat
Of an appeal to the civil courts into
the proceedings today.
In attacking the presentment for
it's lack Of definiteness. STARTS said
Bishop Brown could not prepare an
adequate defense unless 1t was
shown wherein Bishop Browns writ.
ings collided with the doctrines Of
the church.
1T remind this court" said STARTS,
that civil courts have been known
to prevent even ecclesiastical courts
from doing an injustice"
Defense Outlined.
A comprehensive outline Of the
defense was given to the court by
Attorney STARTS, and this held their
interest.
He declared that Bishop Brown
would show that any number Of
Scriptural passages and situations
are now accepted by the church st.
self only III a symbolical sense.
"And hope" he said. shaking
his finger at the solemn bishops,
that we can persuade you gentle
men to take this stand here for in
terrogation as to the literalness Of
your own beliefs.
I'VE will further show that the
church interprets many passages
and incidents Of the Bible now diff.
ferently than it did at the time of
the adoption of the apostles and
Nicene creeds. So much for literal
ness"
The strenuous manner in which
counsel for Bishop Brown sought
to throw out the whole proceedings
on technicalities, was explained by
Bishop Brown as follows:
Precedent Is Sought.
:"While this trial actually is a
battle over theological beliefs, we
are making every attempt, by Gre
ating precedent; to make the trial of
churchmen for symbolic interpreta-
ton of apprenticeship passages in
the Bible impossible.
sNThA 3dnn 80 vN1Vkk;nn vNaavn ~
trial for what he thinks or says be-
longs to the unthinking middle ages.
Il believe we have outgrown this
procedure. and our aim il to make
this the last heresy trial In church
history"
STARTS waxed eloquent with re-
gard to the duty that devolved on
the court to see that Bishop
Brown got q fair DEAL"
There is no more heinous crime
the crime Of heresy with which
my client is charged" said STARTS.
Charges Church Guilt.
why, gentlemen. as / have sat
here in this hall, I have closed my
eyes and imagined / could hear
the cracking Of the flames at
Smithfield, where in olden days
hundreds were tied to a stake and
burned to death for this very
crime.
This church has been guilty Of
that, may it please you. am a
member Of this church, my father
died in it. I have many tender
memories Of this church-but that
does not blind to the fact that this
church has been guilty Of many a
brutal murder with the fagot and
the stake while priests stood around
chanting their invocations to God.
why is it not done today? Be-
cause, gentlemen, out there beyond
the confines Of this hall Is great
army of agnostics, unbelievers, half
believers, who have learned there Is
such "a thing as not taking your
religion too seriously"
Pleas Are Denied.
When STARTS finished his argu-
ment, Bishop Murray polled the
bishops, and STARTS motion for a
was unanimously denied.
He then renewed his motion for
permission to interrogate members
Of the court as to their prejudice
or partisanship toward Bishop
Brown.
Bishop Murray similarly over
ruled this motion.
A similar fate met STARTS motion
to Quash the whole presentment-
the decision in each case being
unanimous.
May Invoke Civil Courts.
, Counsel for the accused bishop said
today If the decision goes against
Bishop Brown in the present court
Of nine bishops they will take re-
course to the injunction powers Of
the civil tribunals, and thus once
more bring into conflict the legisla-
tive powers of the church and state.
Bishop Brown denies the divinity
of Christ; he doubts that Christ over
existed in a corporal sense; he re-
CARDS the story Of creation in Gen
esis and the other miracles related
In the Old and New Testaments as
fables; and yet he says he 10 as
devout q Christian today, facing trial
for heresy, as he was forty years
ago when ordained In his priest
hood. a~.
II really love the symbolism of a
Jesus Christ" he said today, his eyes
on the stained glass window OF hts
trial room, where the figure of the
Saviour with arms outstretched
looked down upon this strange court
room scene. ITO me, looking back
ward over the vista of nearly half
q. century in the service of the
church. Christ and Santa Claus and
Uncle Sam are all the same. None
Of them actually existed.
Yet they represent the things I
1AhnHA-ipa EhGx E0pC1anRk ~ thai