Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 25, 1893)
FHE OMAHA DAILY BEE.mm TWENTY-SECOND YEAR. OMAHA , THURSDAY MORNING ; < MAY 25 , 1893-TWELVE PAGES. . NUMBER 231) ) . ISEIS SUBMITTED | of the Impeached Officials Now Rests with the Supreme Court. 3UMENTS WERE CLOSED YESTERDAY lornoys for the Respondents Oonsumcd the Early Part of the Day , IYWARD AND WEBSTER AT THEIR BEST InU for the Defense Presented in Porsua- BVO ! and Convincing Oratory , ilBERTSON'S ' GREAT EFFORT IN CLOSING sterly Presentation of the Oosa Made on KRY POINT WAS CAREFULLY COVERED foioly WoTOII , Complicity Unlit Fabric of 'Argument for the Conviction of tha Accused Sccnci and InelUenti In the Court lloom. [ MNCOI.X , Neb. , May 24. [ Special Tolo lam to Tnn BKE. ] After nearly four weeks i continuous labor , all of the parties con- ( ctcd with the Impeachment trial of George Hastings , attorney general ; John C. tlcn , secretary of state , and Augustus It jjutnphroy , commissioner of public lands ltd buildings , charged with the neglect of jity nnd the maladministration of their Lpcctlvo offices , are allowed an opportunlly J taking.n rest. | For the first time in the history of the fcato of Nebraska the supreme court sits as fcourt of impeachment , hearing testimony witnesses and the arguments of at- frnoya. Tonight , for the first time in four leeks , the mental strain is relaxed nnd men Vo permitted to give the matter serious and Jioughtful consideration. JTho trial is ended and nojt all that re gains is for the thrco Honorable members : the supreme bench to report their find- J'gs. In doing so they will nuke moro his- Jry * , as the decision will form a precedent Ijr the guidance of future courts. What the leelslon will bo in this case is n matter of licro speculation , and will continue to bo Inch for some time to coino. Owing to great limountot testimony which is before the j'ourt to review , and the largo number of llegal authorities that have been presented , the most hoQoful ones do not look foe nn early Occislon. , Well ritmscil With Their C.tio. The managers of the Impeachment ? and the attorneys upon both sides all declare that they are well satisfied with the pros pects , und each individual Interest points to and sufficient jrcason why victory ) l-puld perch upon Its banner. Thojnnti : and their legal representatives adhere to the Idea that they have made ' a rock ribbed case , leavine no E' : hole , by which any court can find rounds for an acquittal. They claim they lave substantiated every charge In the artl- ten , and that they have made a much tronger case than .was presented to the atnt session of the legislature when that Killed body voted almost solid for Impeach- aont. The attorneys for the respondents , the ifilcluls who are under a cloud , claim that ho state has wholly failed to. make a case , leclarlng that their clients have not been Connected with the commission of any crim inal act ; that the charge of fraud has not con brought homo to them nnd that the ict of willful negligence has not been estab- It AVO8 n flreat As eml > Inpe. J-Tho fact that the closing arguments of Tmtiscl could bo hoard drew the most nota- loaudicnco the court room has hold since f,0 trial began. All the attorneys engaged the case were on hand , of course , nnd in | ldltlon leading legal lights from all parts the state nnd several from neighboring ales were present. The young lawyers ! t graduated from the university and called ( the bar yesterday , occupied n prominent Isition and drank with earnest avidity II the forenslvo lore laid out by IttornoysLamberlson nnd Webslcr , making lontal and scrlploral memoranda of both lie matter and the manner of the learned Imnsol. A largo delegation of the proml- lnt ; citizens of the capital was also present , lad all the employes about the state house , Including the laay stenographers , neglected vliatover official duiics might bo awaiting Ihcir attention , and absorbed through eye nd oar nil that was to bo seen and heard. Court convened nt 0 o'clock , an hour arllur than usual , to allow of tlio argu- ncnls all being concluded today , and each Ido have its mutually agreed on tltuo to peak. There never was a moro attentive audi- nee in any hall of justice. A fall of the irovcrblal pin would have sounded llko itago thunder at any moment ot either scs- Ion. The scene was Impressive to u degree. Che accused officials were all present , sur- oundod by their immediate friends in .yinpathotlo silence. The managers ap- 10 In ted by the legislature were also present , ooklng serious , responsible and modestly oufldcnt. tllnnt Effort ! of Or rut Mlndi. The arguments of counsel were earnest , orenslcully profound and at times brilliant , Attorney John L. Webster made the effort if his professional lifetime ; so say Is ricnds , who arc loud in praise of both Is trgumcnt and his delivery. His clients , too > , expressed their satisfaction with hU plea. And Judge liny ward of Nebraska City , too , fully earned his foe. ' It was 3 o'clock when Mr. Latnbertson began the closing argument for the stale , and for two hours ho hold Judges , counsel and general audience wrapped In oblivion to everything but his summing and presentation of the evidence. It was a a masterly effort , and the court was , if possible , visibly Impressed with his fine reasoning and seemingly Irresistible con clusion. Attorney Ijunbertson displayed inarvulottsly effective judgment In the ar rangement of the various suctions of his ar gument ; he touched on and positively ex hausted every point in the ease and within his J 0 raluutca allotted tlrao , closing on the very clock atrolte , \Vlmt Will tlio Harvest lie ? Much speculation was naturally indulged during Intermission today and after adjourn ment tonight. Most nre of the cognoscenti are agreed that the court cannot vouch a decision before uexl Tuesday at the earliest. Some kVtr that lx necVuwlU paw before Judg- mcnt Is rendered. There arc a few who glvo itac out that should the court find the accused guilty the decision will bo withheld from the press and public for a few days , that Governor Crounse , who will bo apprised of the verdict Immediately It is re ; , may have time In which to appoint men to fill the vacancies that will occur. How 1 do the accused take It ? They and their counsel this evening expressed , so far aswt the voice can , full confidence that they would-no declared not guilty on every article and each specification of every article. Of course ' , this is but natural , just as counsel for the state asseverate that they will got a verdict on every count and each clause of every count. But there is another opinion current and expressed. It has been formed by leading lawyers not engaged in the case , who have closely < followed It from beginning to end , and the moro thoughtful of the attentive cltlzctu-y endorse it as the most reasonable. H says that the court will stand two In favnr of conviction nnd ono for acquittal on a nm Jority : of the charges , and thcso the cardinal ones. ones.Messrs. . Berry of Greeloy and Casper and Colton of Butler , the legislature-appointed managers of the case , expressed themselves this evening ns entirely satisfied with the outcome of their work. They think a much stronger case has been made out than was outlined before the legislative investigating committee. These gentlemen have attended to their duties with praiseworthy devotion and energy. flint Quentlon of Jurlmllotlon. The court has not as yet Intimated what disposition it will make of the raised ques tion of jurisdiction in the cases against ox- state olllcials , but it is expected that its reading of the law submitted on the matter will bo given out at the session of court next Tuesday. Humor has it that the judges have decided that the court has jurisdiction in the cases of ex-State Auditor Bcnton and ex-State Treas urer Hill , but that tlio case against ox-At torney General Leeso is without its consid eration. Should this prove to be the decision of the court , friends of General Lccso say ho will waive his right of exemption from examination and Insist on the charges pre ferred against him being brought to trial. llnjrwnrd Lnlcl It to I'nsUcm. With the opening of court this morning Judge Hayward throw himself into the breach , arguing for the respondents. In the start the Judge promised ho would lint spring any briefs upon the court , nor would ho consume n great deal of time. Ho said that ho wanted to thank the court for Its fairness and patience , but owing to his limited time ho would defer the thanks. Getting right down to the merits of his side of the ease the judge read from numerous law books , touching upon Impeachment mat ters. "This case is but the result of passion. " said the Judge , "and the matter was loft to thcso hired attorneys. Wo are to answer the charges because this court has summoned us , though I do not think that this case is well founded : as to what law is , is for your honors to decide ; we are not hero by tlio command of the people ; not here by the legislature , but wo are hero be cause the board of managers is prosecut ing us ; the people of the state loft this case six months ago. Wo are not hero to answer to whether George II. Hastings is fit to be attorney general ; every line in the charge of corruption is against the Board of Public Lands and Buildings ; no act is against us as men. We are hero to answer the charges filed against these men ns a board. Not a line is not hero to show that ono of thcso men voted for any of the coal or stone bills ; not a line of testimony shows what bills any particular J man voted for. Wo stand upon ono fact , and that is , that they must prove an un- lawlul I act , which they have not done ; they must show an unlawful intent. " In support of this theory Judge Hayward read at length from the American and En glish reports. "To Impeach a public official for the wrong ful net of a subordinate , orfor an error of judg ment made in office , would endanger the public safety of every official in the land. For my part I I would rather see the country fall than to see an innocent man punished ; impeach ment is llko Damocles' sword , hung up to crush the guilty , but of it the innocent can have 1t 1 no fears. Does a man erect a derrick to t crush a bug ? Have railed to Prove Guilt. "Wo claim that Impeachment Is a criminal proceeding , for Is it not a punishment tore- mo vo a man from oftlco and forever brand him as a criminal ? Did any of thcso respondents over receive any of that cell house money ? Not a dollar. If thcro was fraud at the in stitutions , ami these respondents know nothing about It , can they bo held respon sible ? Wo contend not ; for Itjnust bo shown that there was a criminal intent and not a word of testimony has been adduced to show that these gentlemen were aware of the commission of fraud at any of the state In stitutions ; it would bo monstrous for ono not guilty of crime to be convicted of felony. "Wo submit that , having found the arti cles , the managers must bring the proof to substantiate each charge. The legislature know that these gentlemen were tlio mem bers of nine boards ; it know that tluy had offices , which they must watch ; it know that there were appropriations aggregating $900,000 to look after and dis. burse ; Mr. Hastings had 1155 cases to look after and carry through the courts ; Mr. Humphrey had more public work to care for Ihan any human being could perform ; Mr. Allen , the people of the stale and every man within the hearing of my voice knows , was overworked. This is the point wo make : When the legislature of 18U1 appropriated , MO.OOO for this cell house It was well under stood that a superintendent would bo em ployed and that the work should bo by the day. Thcro Is no testimony to show lhat Dorgau was not competent and honest ; the only charge is that ho was the agent of Moshor and paid $1 per day when ho could have cot the labor for 40 cents per day if ho had not been the agent of the prison contractor. Wo say that that proposition is false , and that that labor could not have been hired for less than tl per day ; ho chargea the slalo Iho same price lhat outsiders had always been charged. They claim that the stale was de frauded , but to show this they must show that the labor was not worth the price paid , Now , I contend that the testimony shows that the mun were worth moro than $1 pel- day , and as n result tha state got moro than it paid for. What kind of men did Dorgan select I" Dorcnu' * Conduct Dnfcnilecl. "All of the masons , the strongest and best men , is conclusive evidence , that tlio labor was worth moro than It cost. The buying of stone , If Dorgan paid too much 1. was not the fault of these gentlemen , as ho was the superintendent and was supposed to know prices ; ho bad been the super intendent before and never was thcra a word said against his honor and abil U ity. They harp about his being paid $50 per ) month ; to look after the building dia not re quire all of his thno and ho did this because ho was being paid part of his salary by some onoclso ; there is not a word to show that Dorgan divided any profit with At wood ; ill fact , the testimony simply shows that Dor gan paid only the market price for the stono. Xook swears that ho had his clerk wrllo D.to loiter quoting prices , but there Is nothing to show that Dorgan over received the letter. Tlio fads crop out that the prices were fair and that many of the witnesses did not know what they were talking about. Mr. Bul lock b > venrs that ho sold this ! ! 5-ccnt stone for the Omaha postofflco itu 48 cents per cubic foot , showing that the stone was worth all that It cost the stale. Tito rubble came from tlio Cedar Creek quarry und was worth much moro than the Nomahu county quarry. Why , that stone was so good lhat from It was cut most all of [ the ashler work for the south wallof thoccll house , and we say that f 18 or CJO per car was as cheap as that stone could bo got out of the quarry. The building is worth every dollar that U cost Uio stato. The board told Dorgan to go down llicro and build a' good cell house. Did ho do thlst Kvcry witness swore that It wat > a good building , notwith standing the fact that a state witness swore that the building was worth but J1U.OOO. How did they do this ? By omitting the figures on many things that are there and by figuring the ashler work as common rubble , which every pen > em knows U not worth anything like us much , They lumped lh work aud material , which In n measure accounted for the wide swear- 1 ng ; of the state's architects. No man has assailed ; the charges for lumber. Iron or tin upon the roof , but they devote their atten tion to the rock ; he paid f0,212 for labor , and every word of testimony shows that it was worth what It cost. Much of Amenity HnhtlitK , "Thero has been no temper shown In this trial and I am sorry that Judge Doano used the word 'larceny , ' when ho was making his argument last night. I looked In his eyes at the time nnd I think ho was sorry for what ho said. Thc.prlson contractor said that ho was . willing to put In eighty cells and It was known that the old cells were twenty years behind the times ; the only way to learn about the new cells was to go from stnto to state and "co the latest Improve ments ; no man who contemplates building a f 10,000 residence would think of commencing the residence without going from city to city looking at plans. "I contend that the board had n perfect right in using the ( TiOO for this purpose ; General Hastings advised this expenditure from the cell house fund , nnd in doing so ho navised In a perfect legal manner. Itlght hero I want to say that it comes with poor grace from the gentlemen to stand up nnd charge larceny when they are using up $33.33 : ) of our money eacli day to prosecute this caso. It Is mighty small to bring articles of impeachment because the board gave Elder Howe $200 to pay his ex penses in attending that prison congress , and It Is a dlsgraco that It stands upon this record. Not Iteipoimlblo for Stealing. "Regarding the coal at the asylum , they charge us with negligence. The auditor should examine every claim before he draws his warrant , and the laws of the state make It his duty to do so. The most that Is claimed is that the board Is to assist the auditor ; the board has no authority to pass upon claims without the authority of the auditor and secretary of state. The bills wore turned over to the auditor that ho might examine into their correctness. It follows that all that the respondents have done has been to assist the auditor : even if it is outside of their duty to audit claims , the crime cannot bo charged to the re spondents. The bookkeeper and the steward at the asylum have passed the bills and sent them up. Before any crime can be charged to the respondents it must be shown that they acted corruptly ; negligently will not do in'this case ; they base the negligence upon the fact that the bills were so largo that , they should have challenged attention. Let us see , these bills eamo up from the officials at the asylum , all appointees of the governor , and were certified as being cor rect. Wo show that thcro is no proof of stealing coal and the proof upon the subject is not sufllcicnt to convict a man of assault and battery before a country Justice ot the peace. On the contrary , everything shows that the Institution was being run carefully and in an economical manner. What moro can we do than to do our best , for that is all that a man can do and all that Is expected of him ? A critical ex amination of the iigurcs shows an absurdity , or that they put a man on the stand who was willing to swear to anything. The man who went out and hunted up the slime , offer ing It for sale , now comes before thn court and asks us to believe the story. This testi mony Is not worthy of consideration ; it should bo brushed aside and should not bo considered for a moment. It Is not 1uat that these respondents should go out of this court with the brand of Cain upon their foreheads - heads that they aad their children must bear forever. " John 1 Webster's Defense. At the conclusion of Judge Hay ward's re marks , John L. Webster addressed the court. He said : "May it please your hono'rs I have come to the stage where I have performed my last duties to thcso respondents. They have been honored by the people of this state , who chose them to 1111 these honorable de partments ; they came ttierc by the same pro cess that elevated your honorable selves to this high tribunal. "So far not one word has dropped from any witness to show that these gentlemen have been guiltyof corruption. No man was over found guilty unless there was some corrupt and vile purpose in what ho did ; what is this ? Simply an investigation as to whether there was fraud at the asylum or whether Dorian paid too much for stone , n mere accounting , which should have gone to u referee ; if there are persons who defrauded the state , ut the asylum , your grand Jury Is for that purpose , but I say stay the hand when the dragnet is sent out to bring in the men of honor and standing ; tlicre has been nothing said against these men ; wo have cross-examined , but simply to show that thcso men hod no connection with the fraud , if there were any. any."How stands this casat These men were elected by the people , and statu hero with no charge against them as officials to the positions to which they were elected ; there Is no charge that individually any of them committed crime. Because it is claimed that as a board they passed erroneous Judgment , they should bo removed from office , but for the first time in my life did I over hear that you could Impeach a public body for what it did as a legislative body. I need not stop further to debate that , for from the llrst no such thing has over boon heard of ; there is no such case in history. Ciuno Tlir.inth Moshor's Mlilortuno. "If Mosher's bank hod not failed , I don't t think you would have heard of this im peachment ; it has been suggested that this state was in tha same.condition as in 1870 , when the constitution was adopted ; the managers have gone back to compare these dates with this ; when wo got up to 1880 wo had but 400,000 people and now wo have moro than 1,000,000 , which necessitated moro and larger Institutions ; wo stand on a par with the other states of the union ; with this rapid progression every man hero ought to feel rroud instead of scandalizing the state by saying that the asylum had been robbed , and charging the robbing to men who were without any such knowledge. Dorsnn's Olowlny Character. "What is this cell house matter ? Simply an indictment of W. II , Dorgau , I venture that hi all of Iha charges against Dorgan there is nothing to show the corruption of any state olllccr. When ho was appointed superintendent of the cell house , he stood as u man unimpeachable in character , and we are to try this case as the condition existed then ; we arc to try thcso men in the light of the existence of things then ; there is but ono charge against Dorgan , and that Is that ho represented the prison contractors. Even the managers put Dorgun on as a trust worthy witness , a man creditable , whoso testimony the court should consider. Can they now impose upon this court by saying that Dorgan was a criminal and a thief > Before he left rj the witness - ness stand they proved that ho never received a single dollar of that cell house fund for his own purpose. No testi mony shows that these respondents ever received n dollar of that money , but we sat hero yesterday and heard It said that thcro was a divide. "Tho managers cnargc that these re spondents willfully appointed this man to oftlco that fraud might be accomplished , and that is what thcso managers have been culled upon to prove , but which they have not dono. "Upon the value of the cell house wo brought intelligent men , men whoso testi mony would carry with It the conviction of honesty and ability. I ask your honors to Judge this case upon the clearness with which these men offered their evi dence. Every polnt _ upon which the court expects to docldo against the respondents must' bo proven beyond a reasonable doubt. The managers propose to impeach Hastings because ho did not know the value of stone ; they propose to impeach Allen because ho did not know the value of labor and Hum phrey because ho was not an architect. Be cause they took u pittance to expend in in forming themselves the proposition is to Impeach them for that , when a man was elected as land commissioner , were they voting for a man to look after a cell house , or for a man to look after 4,000,000 acres of s'.ate lands ! When they were voting for Hastings , were they electing a man 19 buy stone , or were they electing a man to look after the laws of the state ? Took the Money Illclitfullr. Tlte state board in the appropriation of the IN THE CASEiOF DR , BRIGGS Arguments Made Yesterday Before the Prcs- bjtorian General Assembly , DR. BIRCH OPENS FOR THE PROSECUTION Itrpty of the Doctor In Ills Own DcfeiiRC Intercut Tnken lit the I'rococdlnc * Salt Lnlco Will Not act tlio Collogu. WASHIJJOTOX , D. C. , May 21. Foreign missions is a subject which is not likely to provoke any heretical utterances , so the general speculators were not so much inter ested in this morning's session of the general assembly as in these of the afternoon scs- scsslon , when the assembly sat as n high court to consider the appeal in the Brlggs case. Still the members of the assembly seemed to have a dcei ) interest in the subJect - Ject of foreign missions , the work in which the church has spent over $ l,000,000vdurlng the past year. Close attention was paid to the reports a they were read and the stirring speeches that followed were ap plauded. The assembly got through a good deal of worlUn the morning. Crowded the Church. The order for the afternoon was the Briggs case , and the assembly Is now to de vote Itself to that , if it abides by Its decision of yesterday , until It Is finally settled. The second day's proceedings In the considera tion of the case passed off quietly. An audi ence that tested the 'capacity the church gathered to hear the arguments , many of the ladles remaining in the galleries from early morning throughout the day. The full membership of the prosecuting committee of the New York presbytery were present , and Prof. Brlggs was sustained by the immediate presence of Dr. H. C. Frazicr of Newark , a trustee of Union seminary ; Prof. Francis Brown of ttifa faculty of the semi nary , and Judge S..M , Cutchcon of Detroit. Before the afternoon session closed Dr. Birch had concluded his opening address in support of the report of the Judicial commit tee , recommending that the appeal be enter tained , and Prof. Brlggs had occupied ono and n half of the five hours which ho said were necessary in which to rnako his reply and to protest against entertaining the ap peal. The pulpit and * space in front were re served for the officers of the assembly , parties to the case , chairmen of the various committees in connection with the meeting of the assembly , ex-mouerators and ciders over 80 years of nge. The last live pews in the body of the church were given over to visitors , clertrymbn preferred , and the gal lery to the ladles , who-wore not ndmittcd to the main floor. A small detail of police were present to aid the ushers in carrying out thcso arrangements. Docllneil S.xlt T.nlto's Offer. The committee pn aid to colleges recommended that the proposition of Arthur Brown to donatolOO acres of land at Salt Lake City as a slto for the location of Westminster college hi Utah , bo respectfully declined , and the report was adopted. The report of the committee on foreign missions stated that an effowt would bo made tills year to raise ? l,2oOOOtX At the aftqrnoon se'sslo'n Moderator Craig convened the assembly as a court. Ilev. George D. Baker , chairman , reported that the Judicial commitlco unanimously recommended - mended that the prosecuting conimiltco be allowed one hour to open its case ; that five hours bo given to Prof. Brlggs , nnd that the committee bo given two hours in which to close , to bo extended if desired , to four hours. As Dr , Brlggs ascended the platform , the quiet of the vast audience was intense. His remarks were but preliminary , and his open ing scntcnco was spoken with a distinctness that penetrated the entire house. "I regret , " said ho , "to come before you in this hot weather with a request for moro time. The Importance of the subject , however - over , requires It , and I glad the committee has conceded it. I will shorten it so far ns I can. My argument on the basis of the printed appeal will consume four and u half hours , and I have allowed my sol f u half hour in which to reply to any argument which I may not have anticipated. " The moderator said : "Tho time Is ac cepted , " and the assembly having given Dr. Briggs all ho had uskcd.Rev. Dr.W. F. Birch , chairman of the prosecuting committee , took the iloor. Dr. Ulrnh's Opening. After touching upon the history of the case Dr. Birch said that the general ns sembly entertained the appeal of the com- mittco on prosecution and sent down n decree creo to the presbytery of New York defining the limits of its llbertywith respect to this ease. The decree of the general assembly ordered the presbytery to try the case upon its merits and give it liberty to amend the indictment in accordance with the general nature of th'o same. Thus the presbytery was free only to examine the charges , weigh testimony \ ! nnd decide to sustain or not sustain. The dccrco of the general assembly was not obeyed by the Now York , prcsbyttry as it transcended its own proper function ns a trial court by recording its unwillingness to express its approval of the critical or theological views which were based ) on the charges. The presbytery acquitted the defendant on the grounds that although ho might deny that Muses wrote the law which the Gentile Christians observed , although thcro were cases where church and reason could do what the bible could not do , enable a man to find Cod , yet that feueli statements did not transgress tha limits of liberty allowed under the constitution of tha Presbyterian church to scholarship and opinion. Wo uio hero to Invoke this supreme court ' to put an end to the dissension nnd disputa L- tion , which the New York presbytery vainly endeavored to silence , first , by the dismissal of the case agalnsl pr. Bnggs , und , second i , by the acquittal of. Dr. Briggs. qualifying both the dismissalttnd the acquittal by the positive disclaimerJof uny approval of the controverted statements of the Inaugural address , as to critical or theological views and wanner of expression. Alleged Krntfiot Ilr. IMggt. The form in whloh * ho final judgment of the presbytery WBI * returned gives the im pression that the > alleged errors of Prof. Briggs were unimportant , and that no essen tial doctrine hud boon * contradicted , There had been a tendency to minimize the full force of the indictment. The errors charged are fundamental. Tha charges relate : First To the queetlon as to the supreme and only authority in matters of faith and practice. j Second To thOq\iesUon \ as to the Iner rancy or truthfulness of the Inspired word. Third To thp historical validity of the Old Testament. Fourth As to tho'fulfillmcut ' of Messianic prediction , a question of supreme import- , once in its bearing upon the view which is taken of the truthfulness of the scripture and of the truthfulness of ( Sod. Fifth , and lastly , there is the doctrine of redemption , concerning which it has been al leged that Prof. Brltrgb' teachings have been ' " especially erroneous nnd hurtful , but which could only bo partially tried in the lower court. Hero is a scries of errors , covering the whole fundamental structure of our faith. It is a question purely doctrinal , and , there fore , of universal importance , so far as Pros- bytcrlanism is concerned. It can bo finally settled by no presbytery or synod , but re quires the decision on the Presbyterian church in Its highest court , A Slight Interruption. In reply to the argument that an appeal cannot bo taken from u verdict of acquittal 1 , Dr. Briggs said that this was equivalent teas a claim that a , part of the church was creator than the whole. "This court knows , " said ho , "that ho who teaches that the power of the general nssembly can bo nullified by the will of a single presbytery lifts the banner of treason against the Pres byterian church. " "With all respect to the accused in this case , " continued Dr. Birch , "I nm ready to say that his personal Interest Is ns noth ing in comparison to the interest of the church In whoso name ho has been teaching. This : question of what really Is Presbyterian doctrine is to bo answered , not for ourselves alone , but for all American Presbyterians , both no\Y and for some years to come , and must bo answered by the whole church. Your appellant , as the spokesman of ttio Presbyterians , beseeches this vcncrablo court to exercise H % authority In a crisis. Tills is so momentous ns to make every plea for a delay of judgment out of order. Thus your honorable body will protect us from what ono of your number , Dr. Horriek John son , has called the peril of a broadness that would empty our souls of conviction and our lives of victory. " Ur. Itrlsc" IMicn to Ilcply. At 3:15 : o'clock Dr. Briggs nrose to reply to the opening of the prosecuting committee and to protest against tlio entertaining of the appeal by the general assembly. Tlio question before the nssembly was not , ho said , whether or not Dr. Briggs' teachings were proper , but whether or not the appeal could bo lawfully entertained. The law of the case at this stage forbids the consideration of its merits and ho expressed - pressed regret that the prosecution had not observed this law. The same law con strained the commissioners or Judges not to consider the controversies In question at this time , but simply to determine tho" legality of the appeal. Dr. Brlggs went on to argue that the form of the appeal was incorrect , nnd thcro were many things in it which must bo re moved before the assembly could entertain it. Ho also pointed out mailers included in tlio appeal , which , ho said , rendered it invalid. Dr. Brlggs asserted in the next place that the final judgment of the presbytery In his case was really declared by the moderator of the Now York presbytery on December 'iO , 181)2 ) , and from that the appeal should be taken , if from any action of the presbytery , nnd not from Uio action of January 0 , 1SW1. Ho was not to bo exposed to the peril that lay in a positive change of composition of the body in the interim , nor put in jeopardy a second time because of a mistake of the court which tried him at a date subsequent to that on which the final judgment was really delivered. "If any man thought these objections were puerile and technical let him put himself in my place. Why should ho waive any of his rights when the prosecu tion was endeavoring to take his ! ecclesias tical life ? " Second Ground for Opposition. The second ground upon which the appellee opposed the entertaining of the appeal , was that It was a well established principle of law that a public prosecutor could not ap peal from a verdict of acquittal. Upon the question of the standing of a minister charged with heresy , Dr. Brlggs said , thcro was no course open but to remain in fellowship with the church until deposed after tiial. A much moro fundamental qucsllon was at stake , said Dr. Bripgs , than any principle of law or doctrine than had yet been discussed. That was , whether the Presoylerian church should bo considered as a merely volun tary religious society , or a church , i csus Christ. It was the civil law of the land 1 , he said , that no man should bo twice tried for the same offense. The New York presbytery , under orders of the general as sembly , tried Dr. Brlges for the crime of heresy 1 and acquitted him. Was the Presby- lorian'church ready lo ignore or violate that well settled principle found , by centuries of observation and experience , to bo. essential to the well being of people without good and sufficient cause ? It was true that the church did not punish a minister in his phy sical being , but to depose a minister , to de prive him of his ecclesiastical life was to in- llict 1 a punishment far moro cruel than that permitted in the ciul courts. Discussed the Law of Appeal. Dr. Brlggs then discussed the law of ap peal. This , ho asserted , rould bo Invoked oulv by parties original to tlio case and ag grieved parties. The new book of discipline did not contain the word aggrieved , he ad mitted , but In spirit the right of appeal was confined to these who were aggrieved. Was a prosecuting committee such an aggrieved .party as to warrant it in appealing from an adverse judgment ? The committee had no vlght of appeal , and an appeal by such a committee coulu not bo entertained by the general assemby without a violation of all church law and precedent. If it were lawful to appeal any case of noc- trine and law brought before the court of the presbytery it would compel the general as sembly to finally dolermlno all these doc trinal nnd legal questions. If this appeal should bo sustained it would become nn un fortunate i precedent , which would bo fol lowed by public prosecutors hereafter , who would in many eases , if not in most eases , magnify their office nnd bring differences of opinion between tlio supreme court of the church and Uio house and establish a now and easy way for ambitious litiganls to se cure authoritative decisions of the general assembly in many matters of faith and morals , of Hfo nnd work , which were now re garded as legitimate mailers of private opin ion , and thus Imperil the constitution by nn unending list of heresy trials and changes in tlio doctrine and law of the Presbyterian church. It was possible that a majority of the gen eral assembly might make an unconstitu tional decision and that there might bo a series of decisions of questions of Doctrine nnd morals in contravention of the doctrinal and ecclesiastical standards. What course should a synod or n presbytery or a minister pursue in such a case ? They might be justi fied in saying , "Wo refuse to submit to the decisions of this unrighteous majority. Wo shall continue to maintain our constitutional rights. " KlRhts of tlio Minority. In the next heresy trial wq look I for a righteous verdict. Unless the high court of the general assembly should act in strict accordance with the strict forms of law and _ upon the constitulion of the church and with the sacred rights of man , us set forth in holy scripture und our national legislation , 11 would bo no rebellion in tlio minority in the church if they con tinued the struggle against unrighteousness and wrong , hoping for hotter times. The general assembly could not lawlully revise or amend the constitution by final judg- ments in heresy trials , The public prosecutors were pushing the Presbyterian church into a very incon sistent and dangerous position. They were endeavoring to secure now definitions of . dogma by final judgment in a heresy trial , when they ought to aim to secure them by ' overtures , in accordance with the provisions of the form of government. The form of government prescribed their paths , not the book of discipline. Dr , Briggs spoke and hour and a half and then yielded to a motion to adjourn , HAl'TIST SOC1UTIKS. Throe IntcrcitliiK Meeting Hclilut Denver Yesterday , DEXVEH , Cole , , May 21. The Baptist Publication - lication society met this morning , After ad dresses of welcome and responses the usual committees were appointed. The board of managers then submitted Its report of its work during the year , showing collections , $ US3OS3 , ; nnd not assets , fJSt.iiS-J. Moro than 85,000,000 copies of books , pamphlets and tracts were printed during the year. Iluptlit Younz People , The afternoon session was devoted to the Baptist Young People's Union of America , nnd on this theme an address , entitled "Tho Pastor's Relation to the Doctrinal Education of the Young In Baptist Churches. " was delivered - livered by Key. Dr. Smith of St. Louis , and still another address , entitled "The Ameri can Baptist Publication Society and the Young People's Union , " by Hov. Philip Ij. Jones of Philadelphia after which a dis- eusslon followed. The discussion proved to bo a lively part of the session. Dr. J. I./ . Wlkms , secretary of the Young People's union , favored considerable liberty , but Hev. THE BEE BULLETIN. irtalhtr/or OmaJiaanA Viclnllu fair ; i'foirliUMng TVmpmifure. 1. Argument ! ! In thn f inpcnrliiurnt Trlnl. rrogrri * of the I'rrnbj termn Mrrtlnc'- MlHAniirl 1'nclllc iprrM : Trulu Itnlibod. 3. Intponclimrnt ArRiiinrntii Comilmlcd. It. town Itaiikor * In Convention. 4. Killtorlitl nnd Comment. B. leitnntn.v'n Mcuro nt the Hie Shoot. DrtnlN of the Mc.irnciti" ll.ittlc. 0 , rinttirlnl mill Cnnmirrclnl Nom. 7. M'irolii I.ocnl Allulr.i. 5. South Omnhn Notvs nnd ( loMlp. 0. Mrzlo McKovern'A Sn.l .Sillrldr. Churned Against Clinrlm V. Mo . Oiniilm 1'conlo llr.ir.pnly Hwltidlcd. Storm DnniiiRO In qurliec. 10. Indian Territory rirtnro * . Gro.it 1'aulrn nt tlio l'i t. 11. MlMlnc After Antlutaiii. Among the llccont Hooks. 12. Work of the City Council. Secretary Cnrllulo on tltoTnrin . Now York Uixnkorn rrlRliteuoil. J. J. Parsons of Pennsylvania was fearful of the Influence of the Catholics , or , better speaking , of Catholic priests , whom ho de clared tried to hide the revealed word of God. God.Hov. Hov. Dr. Lawrcneo Wolff of Chicago nut spirit into the general talk by remarking that Baptists must "hump"1 themselves in reaching out after the young people. And this was also the opinion of Dr. Word of St. Louis , but ho thought It hardly necessary to do any "humping , " Dr. Larimer said that as ho lived In Bos ton , ho was not "on to" the humping pro cess , but took it for granted It was n good thing. The speaker was in favor of doc trinal instruction and thought that no sermon should over be preached without doctrine in it. Preachers should not talk but teach. Ho believed in the vquiiR folks , but ho did not want the old folks forgotten. In many ways ho thought the Christian Emlcr.vor Idea too rushing for the people well Into and passing out of the present generation. These folks wanted time to tell their experience and not to simply got up and say " 1 love Jesus , " and then nit down. Kov. L. D. Stiskcop of California talked in much the same strain , but in closincr Hov. Dr. Griffith of Philadelphia insisted that the thing upon which to pin their faith was doctrine. Womrn'8 Homo Mission Society. Members of the Womens Homo Mission society had n long mccling beginning early in tlio morning and lasting until late In the afternoon discussing questions of moment to their society , and to which all news gath erers were excluded. "That story they tell in the far east , In the far west and in the far north nnd south , " said the president at the opening of the evening session , "that it never rains in Colorado must have been a mistake. " And it was , for Denver tonight is enjoying genu ine Now York , Chicago and San Francisco weather. But for nil that there was not even standing room for the people who tried to crowd in the big church. Two addresses "Tho Work of the Ameri can Baptist Publication Society in the West , " by Hev. Milton F. Negus of Minne apolis , nnd "Tho Pioneer Society , " by Dr. Lawrence of Chicago , were listened to and then everybody hastened to Ihcir homes. CUM1IURLAND IMtKSItVTKKIANS. Women Elilcra In the Church ami Otlior Questions I'liHsecl On. LITTLE HOCK , Ark. , May 21. The general assembly of the Cumberland Presbyterians met this morning. The delegates to the last quadrennial meeting of the pau-Pccsby- tcrian council reported their work. The proposition to consolidate the ministerial re- lief and education work was tabled and the resolution abolishing the office of general superintendent of Sunday schools defeated. Tlio deficit in the contingent fund of this assembly is to bo met by collecting GO cents from each church for minutes of the as- sembly. The assessment for the Presby- terian alliitnco was ordered paid. The woman question , which has created such a stir , was settled with little debate this afternoon by adopting the report of the committee to submit two changes in the constitution in the presbytery for action , ono making women eligablo , tlio other pro hibiting. The vote was 175 to C for Uio re port. Churches are asked not to ordain any moro women as elders until the matter is settled by the presbyteries. The question of rotation in eldership was dismissed with out discussion , Strong ground was occupied on Sabbath observance , and especially as re- Jatcdjo ministers and other Christians. The body will adjourn tomorrow. Frcsliyturlnn Allnl4ler4 Moot. PAWJJKB CITV , Neb. , Mny 24. [ Special to THE BEE. ] The presbytery of Nebraska City mot hero Monday in special session anil ex amined Henry N. Dunning , after" which ho was ordained nnd installed as pastor of ( ho Pawnee- City Presbyterian church , Dr. J. D. Countermine of Beatrice preaching the ser mon. T. K. Hunter of Nebraska City charg ing the pastor , and Dr. Sexton of Scward charging the people. The church was decorated - corated with plants anil ( lowers , anil a crowded house indicated the interest of all in the event. The presbytery also licensed A. Sithcrland of Sterling to preach , and took under its cnro us candidates Ulysses G. Lacey of Fulls City , A. W. Comstoclc of Hlckman and B. J. Brethomvcr of Lincoln. Tiio pres bytery adjourned to tncot next Monday even- in ? at Blue Springs to ordnin and Instal D. W. Montgomery in the Presbyterian church thero. _ Evnnccllciil Lutheran Cliiirchni. CANTON , O. , May SI. Thogeneral synod of the Evangelical Lutheran church of the United States of America convened this evening for a session lasting from ten days to two weeks. The most important matter to come up for consideration is the rewriting of Luther's small catechism , n work which has been in progr H for ilvo years and has figured in the last three or four conventions of the synod. The objects in rewriting is to obtain a catechism uniform for all churches , and to supcrcedo the various books now In use by different pastors , Iff S Dull" Clininplou' * NlHj-cr Acquitted by a Coroi ) r' Jury. Dot'OMs , "SV.VO , , May 24--Special [ Tele gram to Till ! BKE.J The coroner's Jury found that Shonsoy killed Dud Champion in self- defense anil that ho was fully Justified In no doing. It has been discovered that Cham pion had a companion while lurking near Ogallala ranch , and many predict that the rustlers have decreed that these of the famous Johnson county invaders who re. main in the country are to bo assassinated this spring If opportunity presents , The coroner's verdict ia endorsed by the pcojilo generally. 1'iital Miutit I'n Wreck , FOIIT MADISON , In. , May SJ4 , A wreck occurred on the Fanta Fo about two milci west of Now Boston at 2:30 : p. jn. A freight engine crashed into the California Express westbound , Fireman Sleptuns of the pas senger was scalded to death by escaping steam and the engineer , Andrew Smith , dangerously hurt. The passenger was run ning on time and had thn right of way. Ausulteit I'rolilljltlonlitt. CEIUII lUrins , la. , May 24. [ Special Tele gram to Tim BKE.J George Duggan and George Strong , two of these who Imvo been active In saloon prosecutions in this city , were assaulted by saloonkeeneis today and severely txtaten , "Hoddy" Meyers , one o ( the assailants , was lined f 100 and costs. It lias cuuned quite a sensation and will have a tendency to make the fctilwn war more bitter. BOLD MISSOURI BANDITS Worthy Successors of the James Boys Loot a Missouri Pacific Train , SCENE OF THE JIM CUMMINGS AFFAIR Historic ( Jrounil Clioion for Ono of tli Coolest rrocrnlliiRA of thn Sort Yet Ilecorilnil Amount of the lluoty Not Yet Knoun , ST. TXHTI ? , Mo. , May 21. The westbound Missouri Paclfio passenger train was hold up and robbed thirty miles west of St. Louis tonight by six men. Over $5,000 was secured - cured , the express nml railway officials say. The amount obtained was probably In excess of their estimate. The train which loft St. Louis for Kansas' City.at 8:40 : o'clock reached Paelflo station , twcnty-ilvo miles west , on time and without accident. Here , ns It was afterward learned , n man boarded the train In front of the express car and Immediately behind the tender of the engine. A short j distance the other side of 1'aclllo about n V mile this person climbed over the tender , and holding a revolver to the engineer's head , said : "It will bo d d healthy for you to stop her right now ? " The engineer stopped , the train , ( illicitly llobliml Miu Cur. Five confederates of the robber now ap peared , some getting off the train , the others coming toward the track out of the dark ness from the adjoining Holds. Without any preliminary ceremonies the door of the express - press car was blown open with dynamite. The men , who were unmasked , entered the car , and , going through the express safe , secured about $2r,00 in cash aim a package valued at $3,000 by the Pacific Express company. The engineer was then told to "Go ahead llko 4 h I,1' and "Make " ! , up your lost time. None of the passenger cars were entered. Governor Stone and State Treasurer Stephens were aboard the train and the former at once offered $300 reward for the conviction of each of the bandits. Posses are scouring the country for them and it 1m thought they will soon be captured. xnr.in SOVLS ix j > .ixamt. llrnilcrson Tcopto Promised a Material .Manifestation of tlio I.ord'a DliplcHsuro. HKXIIEUSOX , Neb. , May 24. [ Special to Tun Ben. ] A young German preacher from Rochester , N. Y. , is creating u furore among the people of this town and vicinity. U < V preaches.that the town and community is to bo demolished by a cyclone or fire and brim stone , and tells the young men of the town that their souls are forever lost If "they read Iho daily papers on Sunday. His service last nighteamc ncar ending mn riot , and the further'uso-of the building has been denied him. ' - . , - Marrlcil at OnUlanil. OAKLAND , Neb. , May 21. [ Special Tele gram ? lo Tim Ecu. ] At tlio residence of John r. j Stnuffer loday at 0:80 : a. in. Mr. Fred Sailor of Dannebrog , Neb. , and Miss Ida M. Stauffcr of this plnco were married , Kcv. J. W. Kimmci officiating. The wedding was a very quiet affair , only the relatives of of the bride and groom being present. After the ceremony the bride and groom took the train for Mio World's fair , and upon their return will make their homo in Dannebrog , where Mr. Sailer is in Iho grain business. Miss Stauffcr was ono of Oakland's most popular daughters. Among the relatives from outside cities , present wore : Dr. Sailer and wife of Nor- i \ folk. Dr. and Mrs. Salter of D.innebrog , S. f 5 M. . Slauffcr and wife of Tckamah , Mr. and Mrs. T. J. Slcen of D.iniiobrog , Dr. nnd Mrs. C. S. Minnick of Palmer and Hon. John Stecn of Wahoo. Nelminlta Crop I'riisiioctH ( ! ood. LYONS , Neb. , May 21. [ Special lo Tun Bci- ] This part of the state was visited by drenching rains Sunday night and Monday morning. The ground is thoroughly soaked. Reports from different parts of the county indicate that the hail was .severe in some localities. Fruits and gardens \\cro badly damaged in some places. Small grain was retarded by the hail , but will not bo materially injured. The prospects for a , largo grain crop were never boiler. The stand is good and these late rains wilt glvo it n firm root. lleliron'g Wulor Supply lii nfllcl nt. IlBiiuox , Neb , , May 24. [ Special to TUB BnnJ The water commissioner has served notice upon water consumers that until further notice no more water could no used for lawn purposes , as the water is Insufficient to supply the city's general demand owing to the past dry weather. The city council has ordered Jlvo now wells put down as soon ns possible. It is hoped that this course or to day's heavy rain willbo effective in rescind ing Iho above ordor. I'rrp.irliig for tlio Itnco , CHATIUOK , Nob. , May 24. [ Spcejal Tele gram lo Tins Bnr. . ] Joe Liblek and BUI Campbell , who are lo represent the central part of Colorado in the cowboy rrfco , arrived hero today. They rode from Denver. Miss Kmma llnlehlnnon of Dmiver , who is to go in Iho race , is on her way hero with her line horse. She will arrive Friday , to I'IL'IIUIVO Harmony. Ilisvruicr. , Nob. , May St. [ Special Tote- gram to Tun Bii-J. ] T. Phillips , chiaf o the volunteer fire department , resigned his . position last night. A m-cnt ordjr IssuoJ ' I by him caused much dissatisfaction among , , the members and in order to preserve harmony - W mony In the department Mr , Phillips re- ) ll signed. _ _ p Went Through a hnlnun. , , ; OAicrAMi , Nob. , May ! J4. [ Special Telegram - ' . gram toTiiKBnn. ] Burglars went through * it Pete Young's saloon last night and took all ( , * the small change In the drawer and helped fy themselves to all the liquor tl.oy could ab- iorb. Kntranco was secured by cutting a panel out of a rear door. fJeiK-ral Vuu Wyulc llopelul. NEBIUSKA CTV , Neb , , May ' . ' 4. [ Special Telegram to TUB BBr-.J There has boon no noticeable change in General Van WyoVn condition today. Ho hint eaten well and rcsU'd comfortably and is cheerful and hope- fill. His loft side , however , mill remains helpless. _ _ MovemoiiU of OCVMII tttcuinerf , May 24. At Llwml--Pussed Kussia , from Now York. At Brow Head Passed Bovio , from New At'Brfimen Arrived Stuttgart , 'from Baltimore.- . . . At Philadelphia Arrlvcd-Ohio , from Liv erpool. At Now York Arrived Hhlncland. from Antwerp ; Teutonic , from Liverpool ; N - vada , from Liverpool , Will lioiul JiufTulo. I Bumi.0 , Wyo. , Moy 24. [ Special Tclo gram to Tiu BISE. ] The election loday to bona the city for MO.OOO to construct a water system resulted In a tote ot 234 for and against.
