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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) ) .
| 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
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-
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
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
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
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
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.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
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
"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
"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
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
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."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
"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
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
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
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
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
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
Second To thOq\iesUon \ as to the Iner
rancy or truthfulness of the Inspired word.
Third To thp historical validity of the
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
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
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
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
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 ,
Throe IntcrcitliiK Meeting Hclilut Denver
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
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
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.
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
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 ,
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
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.
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
- . , -
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
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
MovemoiiU of OCVMII tttcuinerf , May 24.
At Llwml--Pussed Kussia , from Now
At Brow Head Passed Bovio , from New
At'Brfimen Arrived Stuttgart , 'from
Baltimore.- . . .
At Philadelphia Arrlvcd-Ohio , from Liv
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
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