Chicago Daily Tribune Newspaper, April 21, 1874, Page 2

2 1 THIE CHICAGO DAILY TRIBUNE: TUESDAY, APRITL 21, 1874, PROF. SWING. Reassembling of the Presbytery. Two Reports Submitted on the Charges. The Majority Want Them a Liitle in Detail, A Few Minor Charges Also Suggested. Q After Discussion, the Reports Ave Recommitted. 5 And Finally & Harmonious Conclu- sion Renched, 4 Prof, Swing Is Unable to Aftend, and Designates Mr. Noyes as Counsels A Motion to Strike Out Lalrd Colller as a Witness Not Agreed To. Prof. Patton Explains Regard. ing Mrs. Collier. And on His Motion that Specification is Amended. The Revised Speciileations Will Be Sub- mitted This Morning. Tho Chicago Presbytery lLeld an gjourned meeting in tho Second Prosbytorian Church, corner of Twentieth street and Michignn avenue, yostorday morning, for the purposo of hoaring and consldering tho roport of the Judicial Cotn- mittoe in rolation to the obarges proferred by Prof. Patton agoinst Prof. Bwing, The Modeta- ton, the Rov. Arthur Mitchell, occupied the chaiv. TUERE WERE PRESENT, in addition to about 100 spoctators, the Rova. I, W. Patterson, L. J. Halsey, A. Swazoy, I, L. Tatton, J. MoLeod, W. X. Downs, J. M. Faris, W. AL Blackburn, E. W. Batrett, — Downs, G, C. Noyces, W. Forayth, W. I. Wood, John Covert, E. R. Dovis, E. L. Hurd, W. Drobston, J. H. Trowbiidge, J. H. Walker, M. M. Wakeman, A, H. Demn, J. T. 3Mathows, P, Car- den, 0. L. Thompson, D. 8. Johnson, C. Wisner, D. J. Burrill, A, E. Kittridge, Glen Wood, L. I, Reid, Jacob Post, E. H, Curtis, Bon E. 8, Ely, and Eldors James Otis, J. 8. Gould, J. M, Horton, 0. H. Leo, Elijoh Smith, J. E. Fay, Tuthill King, Goorgo H. Frost, F. A. Rid- dle, and J. D. Wallaco, of Chicago; A. L. Winno, Evanston; H. A, Hopkius, Hyde Park; 8. B. Willisms, Hightand Park; D. R. Holt, Loke Forest; J. A, Spring, Manteno; J. Caldwell, Kenwood; R. E. Barber, Joliet Contral; J. II, Tulburt, Maywood; A. M. Moerrill, Reunion ; Androw Drysdallo, Englewood. 'THE REPORT ON THOSE ONARGES. After prayor, tho Moderator said tho first bus- inoes was tho presentation of the report of the Judicial Committeo. Mr. Donn remarked that the Committeo wore in an adjoining room, and wero not quite ready to report, 5 » Tho Committee camo in at this moment, and the Modorator told Mr, Patterson, the Chair- man, that the roport had been called for, and wslod if it was ready for prosontation. £ A DIFFEBENCE OF OPINION, Dr. Patterson—I rogrot to sny, Mr. Moderator, that the Committoo wore not able to ngreo en- tirely on the roport. Two members held one view in rogard to the charges, and the third hold another view, go that it will bo necessary for the majority to present a report which seems to thom most in accordance with tho principles of our book and of the Genoral Assembly, and also the justico of the church, and then a minor- ity report on some points will bo presonted by #ho ottior momber. * THE MAJORITY REPORT. I will now read tho majority roport : Tho Judiclary Comumlttec, to whom was referred the papor coutaining tho chargos snd specifications of D'rof, ¥\, L, Patton againet iho Rov, David Swing, re- port us Tolldwa : {1 now introduco o point, which, until wo heard tho minority report, wo had, for tho ‘sake of unapinily, thought it might bo woll to waive,] TREVIOUS BTEPS REQUIRED. First—Tho charges bofora tho Presbytery aro mot taken up by this body on the ground of cominol fame, but aro allged by an Individual sccuser, In tho Bovk of Discipline, Obap, 3, Sec, 3, It s clorly implied that anindividusl accusor fs bound to take the previous steps precoribed by our Lord in Matthow zvif whetbier {ho offense bo stzfctly privato ornot, Tha pasrago s a5 follows : ¥ Whon auy porson, In arged wit 3 crimey ot by a fndividual or individuals coming forward os ac- sugers, but by general rumor, the pravious ateps pre- seribed by our Lord iu case of private offuses are ot Docessary, but tho proper judicature is bound to take Lnmediato cognizance of the affalr.” . But it doc not appear that the aconser in this cake s taken any privale means to romove the alleged Menses, (] NOT DEFINITE: ENOUGH, Boveral of ko specifications of the prosoculor do nok xeen ta bo sufliciuntly definito and explleit, In Dis- lyliue, Chap, 4, Beo, 5, It 5eald : ¢ 1n order to rene ter an offonto piroper for tho cognizoncs of & jiidica- ‘ory on this ground—the ground of COMmON FUMOR— ihe rumor must specify somo particulur sin or sius," SIMPLIFTING TIINGH, Second—It nppears to the Committco that the grounds of the trisl wonld be greatly simplified, sud, at the snine time, all the points named by the prose- sution would suticiently recelve tho attention of the Prewbytery, by trausferring to/Olargo 2 all tliose speci- Hications under Charge 1, which pertain nore fmme- diately to the alleged unsoundness in the fulth of the aceused, and which, to say the least, bear upon the Beat chirge only in proporifon ns thoy go to sustain the seeond, We therefore recommend that only Bpacl- sationy 1, 2,3, 4, 5, 6, 8, 10, and 17 be retained under Dhargo 1, 'and that Bpectications 7, 9, 10, 11,13, 19, 14, 5, 18, 10, 20, 21, 22, 24, 24, and 25, wnder Charge 1, ba sohistdored only uniler Onrgo 3, * AIAo that Bpecifieas tlons 1, 2, 3, and 4, under Ohurgo 2, bo sustalved, snd that the parsgraph perlaining to the roliauco of the ‘prosecutor ujion the spoclfications undor Chargol for tha support of Chiargo?, bostrickou out, it befng under- stood that the prosecutor may elect under which churgo auy spoctfication ahiull be allegad, "AMENDMENT NECESBANY. In Took of Disciplinc, Ohap. 4, Se0, 8, wo nd the following rulo § “n exbibiting chsrges, tho timo, placo, and cirouin. atunces should, if possiblc, be nsccrtained and ntated, tirat thoe acoused may have an opEm‘lm_nly to paoyo an. slibl, or to oxtenunto or alleviate his offonse.” oMo, in Digost, 1,104, o fud tho folfowlug do- sion } “A, Tho Bynod ordors that all thelr judicaturen sbill for the futuro be irticular)y careful notto re- ceive or Judge of suy chnrges, but such as shall bo wenwonnbly reduced to o apeclaity in the complaint 1add before them,” Blinutes 1770, p, 400, B~ Thero wad i great deflcloncy th tho’ chargea preforred ngainst Oraighead, as it relates to precision, Al charges ?ur lieresy should bo ns definite au possible, The articlo or artcles of faith finpugned should be fpecified, and the words supposed {0 Lo heretiel #hown o bo dn repugnanco to thesy articlos, whollior fho ‘referonco s iade dircetly to the Beripfures ue o Staudard of orthodoxy, or to the Confosslou of Fafll, WWhiit our Ohurch holits to b a sumnary of the doc= trinen of Scripture,"—>inutes 1834, p, 131, "Phe prinoipies mvolved-in botls (oo docisions sooin © t the Cammitleo to bo applicuble in relatiun o the charges, with their specifications, in tho present caso, We, therefore, recominond that tlie churgus bo returu~ od Lo the prosecutor for amenduont, us Tollows : THE OHANGES NEOEBHALRY, Hpecifieation 1, under Chargo 1, to bo_amonded by strilking out th’ words * aud other doetrines,” and ulew ho words * and other sermons,” and by naming o particular sormons aud prusses du which b Mordi'or phrawes complntued of ocour, Hpeetfication 4, uuder Obarge 1, to b amended by striing out the Words “ and other dootrines," aud by Siting moro spocifically tho_grounds on which_tho Prencising of tho aecused lua loen clsimed to be Uni- Taru, nid hy whoin such cluim has becn mado, Fnccifiestion 4, Cliarge 1, o be kmonded by siriking attho wordsy b aud otber scrmous,” aud lso thy ] wordts, #and oftior nrttolos of tho Confeanipn of Faith,” sl by naming the particular sormon os in ek lio Words or oxpressions. roforroil o ound, Bpocifieation 5, Chiarge 1; o bosmendod by refer- onco to particular discoursca, or by some othor oxplicit definition of Ita meautug snd scope, Spocifieation 7, Chiargo 1, o bo ainonded by striking Out thovrorda ** na \woll nf i1t other Borinons,” nd by re- ferences to tho particnlar passages of the Confesaion of Yolth which nro aupponed {0 bo impugned by tho passages complained of, . Bpecification 0, Chargo 1, o bo nmended by a rofor- onco to tho Pnruc\lllr article or pnasago fu our Confos« slon of Foith which tho tenchinigs specified ara sup- posod to contravene. Bpeclfication 10, Chargo 1, to bo amonded by a rofer- onco to 1ho artiel or articles of our Gonfeasion sup- worad to b impugned, Specifcation 11, Chiarga 1, L0 bo amonded by etriking out tho words #atud {n othor sormons,and by a refer- enco to thie nrticles of the Confession bolleved to bé contravonetl, Specification 13, Ohntgo 1, to bo amended by produe. ing thio Iangunge reforrad to and flu!lg‘ul\llllf the por- tions of tho Confesaion supposed to bo Impugned, {This 18 the one rolating to Penelopo nnd Boorates.} Specification 14, Ghurgo 1, fo bo amended by atating tho expressions to bo used, and by a referonto to tho articls of the Conferslon kitpposed to bo Impugued. Spocifieation 15, Ohnrge 1, 10 b amended by a rofer- once ml“.o articlo in the Confession supposed to be im- ugnod. D elfication 10, Chinrgo 1, to bo amonded by strlle ing out the words, * nud in othor sermous, ™ Hpeclfieation 17, Charge 1, to Lo putended by refors onces to tho scrons nnd pagsages n which tho uses of words complnined of ocour, Bpocification 18, Cliarge 1, {0 boamended by striking out the words “‘and in otber sermons,” and by nam- ing tho ‘;mnxm in tho Confessfon supposed to bo con- travened, Specification 19, Charge 1, to ho amended by naming tho artfols or articles of the Confesslon of Falth sup- posed to be contravenod, Specification 20, Chargo 1, to bo amended by strikin outt thio words, *and i otlier sermons,” and by a ref eroneo “21 tho articibs of the Confession alleged to bo impugned, G Hpctification 21, Chargo 1, tobo amended by naming the pafllonn of the Confesslon supposed to be m- pugned, D eelfeation 22, Ohargo 1, o bo_amended by ro- forring to tho particnlar sermona and passages hud in view. Bpcoifieation 2, Charge 1, to bo smondod by rofor- onca to tho articles in tho Confosslon supposcd to be impugned, . Bpocitication 24, Chinrge 1; to bo nmonded by nam- ing o axticle of Lo Confesslon falleged 1o bo contra- vohod, Speeificatton 23, Cliargo 1, to boamended by nming the persons reforred to, Specincation J, undee Guuego 2 to be amisndod by slating, 0s nearly as posible, ity place, and circu- stonces, In Speolfication 3, Chargo3, thio sources of proof sliould bo raferred (o, Hpeclfication 8, Charge 4, to bo nmendod by defining ho threo doctrities referrod to, Bpecification 4, Ghatgo 7, to b amended by stating in torms the point of speaification, CALLING PROF, SWING AS A WITNERS, T'hiyd—Tho Rov, Davld Bwing {8 namuid ag o wilnees {o susiain thonllogallons agaiuschinuolt, under Clargo 4, hut the Presbytery conid scarcely, with prnnrlulfv clto him o8 n witness fn this cause, inless fio should frecly voluntcer bis teatimony. Wosnggest, therefore, that this name be stricken out, OIDER OF THIAL, Fourt—Tho Commitieo recommend that, when the charges and specificatious shall bo arranged properly, and niadesutficlently definite, the trisl vroceed in tho followlag order: 1. Warning to the proacoutor.—Disciplino, Chap. 5, eo. 7. 2. The nccused be farnished with a copy of oach charge oud the specifications nnder it, and’ with the nnmes of the witnesses to support it. 4, All parties concorned, with their witnesses, to bo alted to appear ut an ndjotirned meeting not iess than fen dags after tho charges uro_ontertained, unless tho parties agree to proceed with tho trialat an earlior ay. 4. Tho trin shall proceed to the meoting appotnted for thia purpose, unless for good causo thie case bo continuied by tho Presbytery, 5, Befors proceeding with' the trinl, the Moderator shall clinrgo the Judicatory according to Rula 30 in our Rules for Judicatorios, 6, Tho cliarges to be readl o tho accused, 7, Answor of the acoused, 6, Exominntion of witnesses : First, by the accneor; sccond, by the aceused o his nssistant counnol; third, Dy the Moderator ; fourth, by any member of ho court; if desired, . Comment upon tho testimony : First, by the nc- cuner; second, by the aconsed and Lis counsol; and thiod eloning aummnry by the accuser, it Lelug' pro- vided that any now matter introduced 'u tho closin specch of the accused may be roplied to by thoacouso or Iifs counsol, 10, Opinion of the members of the judicatory on the soveral charges and wpectfications, id Auding of tho Judicatory : firat, on the eoveral Apeclfications under cach charge, and then upon the charge iteelf, 11, Judgment of the judicatory, 12, Judgment of the Judicatory, if any, on tho man- ner of conducting the prosceution, POINTS OF DIFFERENCE. Mr, Ely—Mr. Moderator, the Committee Lave ondoavored to agree, sir, but thero are two par- ticular poiuts of difforence, One of these pointa of difference was first atated in the report of the majority,—the question as to whether, in prose- outing for n public offense, tho prosecutor is roquired to comply with that section of tho Dis- cipline which refers to privato offensos i con- ferring with the nccused beforo bringing the chaige; nnd, second, a8 to whether the prose- cutor hnd the right to uso the samo nilogata specified_under ono charge in support of the other. Those aro tho material poiuts of diffor- ouce botween your Committoe, and I submit, theroforo, the Tollowing reporf. I will stato, Liowever, that, i ondeavoring to agree, I did nat know until o fow moments ago that the first part of tho report would be ircorporated in the ma- jority roports TUB MINORITY REPONT. Tho undersigned, the minority of the Judicial Com- mittee, reports tha he dissents from 8o much of tho mojority report na rolstes to tha trausfer of cortain specifications therefn menticned from Charge 1 to Ohargo 3, and also from tho recommendalion 9 uirike ont tho words, * The speeifications contained under and in support of Ghargo 1 are yeliod on as eontafned under and in support of Charge3,” for THE FOLLOWING NEABONS ¢ 1, It I8 {he right of the prosccutor to nrrenge his pleading aud detormine what specifications ho will roly upon in support af tho several churges, lenving 1t for the Presbytery to determine whether such specifi- cationw, if supported by the evidence, sustain such chirges or not, 4, Bocnuso the same specifications, 1f ascertained, sy bo used i support of clther or both charges, 16 18 undoubtodiy true that tho sane facts may be ulleged iu support of” separato ond distinct indictments, s, for iliustration, whero an ofiicial 18 charged with mal~ feasance fu office, and also with perjury in un oflicial onth, Intho cume under consideration, Charge 1ale Ieges unfoithfulnoss in tho dischnrgo of the ministorinl oftica; Chargo 3 alleges that tho accused doeanot ro- celve und aceept the Confession of ¥alth, which, fn uevordance with {he order and discipline of tho Pea- byterlan Olmrel, he ds, by virtuo of his ordiuation vows and offico, bouud fo receive and aceopt, Tho grang allognte herator, whichy i€ proved, would wus- tain the firat charge, would susfuin tho second, 3, The underslgned is of tho oniuton that, by virtuo of the rule uuder which the Judiciary Committee Is sppofuled, {ioy ate not empavered lo placo tlicin- solves inan attitude of ploading or demurring to the complaint, but {hat this is tho right of the accused, who 1mny, for his own protoction und defense, whett tha charges and specifications aro placed In his bands, cithior demur or_anuwer as Lo muy elect, subject {0 tho decision of the Prosbylery, Mr. Ely—I simply sny hora that, {f tho Com- mittoo mey domur, it is certainly truo that the dofendunt may domur, and it scems to be an anomaly in all'plending, to have two distinet partios domurring to tho snme complaint, ‘he "ikg““ of the dofondant are prosorved. r. Puttorson—I vise to s pointof ordor. Tho Committeo object to arguing n point outside’of tho record. Mr, Ely—I*supposo that will Yio up for argu- mont when tho roports aro offerod. Tho reading of tho minority report was con- tinued : The undersfgned Is further of opiuion that the in. tereut of all tho partios to the procecding will Ve best promotod by & fulr trial of tho caso upon ita merils, 1 THEMEFONE IECOMMENDS - {hat the provscutor bo allowed to smond tho speeifica~ lons, so that thoy will be more definite whero tho word * other sormions,” cto,, ure wusod, and that {ho casy proceod 1. tho order récommendoll by (ho Com- mittoo, Tho undersigned aléo objects to 50 much of eaid roport as refors to tho distiuction Letwoon publio nnd private offenses, und doew uot think that tho cheo under cousideration comes under the rule referred to, PARLIAMENTALY PRAGTIOE. Dr. Pattorson—I wish to stuto, on bolalf of tho majority of the Committoo, that we wore en- oournged to hope, until this morning, that wo should bo ablo to agree upon tho report, and, therofore, tho first point which has boou tuken excoption to in the minority report was mnot argued in the majority report, . Johnson moved that tho majority report be aceopted. Mr, Blackburn ssked if both wero to bo ac~ copted, or one to bo couslderod at n timo. Mr. ltly mado the point of ordor that, o mi- nority report being in the nature of an amend- meut or substituto, should bo ontortnined first, ‘The Modorator knew of no rule whivh J;nvum- ed the recoption of roports, In his judgmont, u‘:em could bo 1o objoction to roceiving both of them, Mr. Forsyth moved as an amondmont that ‘both roports be accepted. Agraed to, Mr. Ely, for the purpose of testing tho quos- tlon, moved the adoption of tho minority report. A DIFPUTED VOTE, Mr. Kittrodgo understood thut a question had been raised in rogard to the cligibility to vote of and oldor [Mr, Inrtanl] who represonted tha Third Chureh, "The eidor [Mr, Koys] who was prosont st the first meeting could not attond on account of businoks ongagemonts, and tho sos- sion of the Thivd Church, Sunday, elected Mr, Hortou, . A protracted disousslon followed, in whioh it was urged by some that snch a procedont should not bo establishad, und Ly others that, us tho trial of Prof, Bwing had “not commenced, no harm would be done by tho admission of Alr, Horton ; and besides, it was not right to doprive o olmreh of 10presentation under such oireuw- stuucos, On mation of Mr. Young, the eldor was allow- ed his gent. Mr. Walkor moved that: 1t 4a tho sonro of tho Preabytery that the junk ko all ok bo consldoroita prccedent. i a obhes fessions, but that tho court as uow constitutod shail remnin as it is, Moro dlscussion onsued, and several points of order wero mado. Dr. I'attorson hopoil tho motion would not provail, a8 tho roprosontatives of churchos not presont would cortafuly have a right to their sonty whon thoy camo {n. WHIOH BIALL GOME FIRST ? *Mr. Dk counidered the mattor onlirely out of ordor. A motion wns made to adopt! tho mi- norily roport, and the brothren had strayed off aftor somothing elso, Mr. Swazoy moved ns an amendment to that motion that iho majority roport ba adoptod. Mr. I3ty mado the snme polnt of order as bo- fare, and rond from Cushing's manua! to support s position, Tho Modorator scemed io bo ignorant of the coutents of Jofferson's or Cushe ing's manual. Whero the rules of tho Preabytery did not govorn thoso in tho books named did, Tho Moderator bogged the brother's pardon ; 1io hind ontortained the motion to adopt tho min- orlty roport. A momber nsked if it was right for tho writer of n roport to movo its adoption ? Dr. Patterson—It seoms to me, in all occlosing- teal uenges, "tho minority-report is n substitute for tho mnjority-roport, I kiow nothing about tho rules of ofvil bodios, but I nover have seen tho question rnised in an occlesinstical Lody whethor a majority-report might not bo moved 18 0 substitute for n motion to adopt o minority- roport, Tho minority-report may cover tho wholae ground, and entirely supersedo tho other, and it 18 compotent for this body to say whether thoy will voto ulyon ono roport or the other, And I do not think tho author of tho report hag aright to inslst that this roport shall bo ncted upon firat, in epite of the judgment of the judicnture. ) Mr. Bly—I riso to o point of ordor. Idonot wlsh to place mysolf I tho faco of the Presby- tory. i RETUNNING TO THE BUBTECT. Mr, Williams said Mr. Walker's motion was being lost sight of. 1Io moved to amend & That tho roll may bo ndded fo by chirohes not representod nt prosont, but fhat thoro shall bo no furthor nubstitution by churctios not represeuted. Mr. McLood moved ns an_amondmont to the nmondmont that such be tho cnse when tho trial bogan. fimemburmorcd to lay tho matter on tho table na irrolovant. Agreod to. ‘The question was then stated to bo on tho motion of Dr. Bwazey to nmond tho miotion of Dr. Ely to adopt the minority roport—substis’| tuting that of tho majority for it. COUNGEL FOI DEPENDANT. Dr. Patterson nsked if it would be in ordor to sugpond the procoedings for o moniont to have o motion mado upon anothor point, sffecting tho matter in & very important degreo, but not iving an advantago to ono glde or tho othor. ¢ was in relation to the appointmont of counsel for tho dofoudant, who was bick and unablo to bo presont, He undoretood that Prof. Bwing had requosted tho Rov. Mr. Noyes to act ny counsol in the caso, aud ho thought n motion that ho bo appointed would properly come in before procoeding further. Tho Modorator presumed there would be no objection to it. r. Pattorson—I wish to eay that the Com- mittee, so far ns T am concornad, bavo no par- ticular disposition to urgo tho 'first point, in rolation to which Mr, Ely mado objoction, and they understand that the counsol would bo will- ing to have that part of the report withdrawn as not materially affecting the morits of tho ques- tion, v TTOF. BWING'S GOUNSEL, - Mr. Noyes—Let me sny, it is only since ~ camo into tho liouse that I havo been nplu‘hsud that T should be desired to appear in bohalf of tho defensa in this cnao. Ilad no intination pro- 'vious to coming Lioro thac such & lenvy rospon- gibility would bo Inid upon mo. I feelit tobon vory important and woighty rosponsibility, and 1 havo assumed.in rogard to tho feelings of tho nocused, that ho would desire the vory fullost and most searching investigation into these clinrges, aud, hearing tho roports rend and tho discussion on them, I have endeavored in my own mind to concluda what tho accused would wish to hava done in regard to these two reports. And if the main point bo, as I undorstand it, that, by tho mujority ropott, wo should confine this Pros- bytery to an oxamination of certain specifica- ttons under ono charge and not under both— The Moderator—Allow mo to interrupt you for amomont. It scoms to me thnt beforo any. further romarks aro made, s motion should bo mado 08 to the recoption of Brothor Noyes, in accordancoiwith Prof. Swing'sjroquost, as counsel in Lhis case. Mr. Ety—I thig I could raise a point of order hore, nnd call for the question on m}; motion ; Dut I will agreo to waive it until Brothor Noyes isplaced in his position as counsol. ‘The Modorator wns aware that Mr. Ely could insist upon his pointof order, bub it seomed to him, in view of tho sickness of Prof SBwing, and Is consequent ubgonce, biy wish should be com- plied with, ¢ Dr, Pattorson thon moved that Mr. Noyos bs appointed assistant counsel for Prof. Swing. Agroad to. HE ACCEPTS THE MINORITY REPORT. Mr. Noyos—I wish to say, if I correctly appre- liend the main qub of differonco botweon the two roports, it is that.in the mnjority roport thero aro cortain specifleations which must bo tried under one chinrgeonly, andnot undor etthor or both ; whereas, by the minority repors, it will bo competent for the Prosbytery to cxamine those epecifications under both chargas, and with the view to estublish both of thoso charges in tho oxnmination, If that bo the mam point of differenco, and it will scom to tho prosecutor in the cago, and to any of the brethron hero, that n more thorough, and complete, and search- ing oxamination o? the caso can bo made undor tho minority report, I think I mny nssumo to 8ay, though I havo hnd no opportunity to confer with Mr. Swing at all, that it would be hiy wish that the minority xopott shionid provail. ‘The Moderator—The questionis on the nmend- ment that tho majority roport be adopted. Mr. Ely mado Lis old point,—that the minority report should be acted on flyst, and egain reud his authority, TIE REPORTS RECOMMITTED, Dr. Pattorson said, since hearing tho remarks of thie counsel for tho accused, ho was porsunded that, if tho two reports woro recommitted to tho Committeo, they conld in a fow moments agroe upon & unanimous report by making modifiens tions ; and ho, thorefors, moved that the re- ports be recommitted. Thoe motion wad agrood to, and the Presbytery took n recess of fiftcon minutes, A COMPROMISE. Upon reassembling, Dr. Patterson spid: Tho majorily of tho Committeo without changing their views nt all in rogard to the principles’ in- volved or the proper mode of procedure, deom their_duty sulllciontly discharged in lving called the attention of the nceused ospecially, and of thoPresbytory, to the points namod in the roport, upon which tho minority disngreed; and for the sake of kaving timo, and also for tho pur- pose of unanimity in tho roport of the Commit- teo, thoy hiave agroed to strike out the firat and sccond poiuts In” thoe roport, and prosont as tho uulted report of tho Committco the roemainder of tho roport as oxlzihmlly prosontod. Thin fs simply on the ground that tho couusol for tho aceused is willing to have that ordor takon ; and they do not doom it important to sist “llm" the pm‘utu which tho intelligout counsel is wiiling to walve, Mr. Bly—As I was thio minority, ae a mattor of courtesy I movo tho adoption of the majority ro- port o8 agreed upon. ‘The roport was then read agoin for the infor- mation of Presbyters who came in late, STRIKING OUT LAIRD COLLIER, Mr. Trowbridgo—I riso to move an amend- mont to the roport—it has not yotbeen acted on —that the name of the Rov. Kobert Laird Col- lier, un o witness in this case, bo stricken out, if it 18 competent for tho Court to strike it le. I do it, sir, for this ronson—that Mr. Collier in abroad, Wao wora informed at the mooting last wook that it would require at loast two monthy to obtain the evidence which Mr. Collior ia ex- pected to furnish, And for this further reason : T'hat, if L understand the rulo in this caso, the ovidonco of any ono wituess, it contradictod by tho ncoused, gook for nothing, And I holiovs, sir, from what 1 know of tho sontimouty of tho nccused, ho would bo perfectly willing it pros- ent to he brought to book ns to auy question wlich the prosccutor might dosiro to bo mndo olearor. t Is mnot for nany ‘boaring ono way or the othor upon the results of this trinl, that I ke this motlon, but it is, if pousiblo, to mave two monthe’ time in carrylng the cnse to n conelu- slon, I fool that tho rmucuutnr shiould look upon this thing, #ir, in that lgnt, it Mr. Bwlog Is willing to bo himself guustioned on thoss points,—and 1t Is vory ovideut that, in the ro- Bult, hia ovideuce, uccording to the rule lald down, must overbalance Mr. Collier's, whatever it might Do, if Lio saw fit to coutradiot him, PIOF, PATTON Prof, Patton—Is it in oxdor to spealk to tho amendment ? l ‘fhe Modorator—Certaiuly, Trof, Patton—Thon I luvo simply to sny thiss That the tostimony of Mr. Collior, if it iy worth anythiug, s vital to this case, or is vory im- lrurtnm at all events, Whethor Mr, Colliot's entiniony It worth suything,. I tako it wo nro uot tu & position now fo dotormine, It will be competent for thls judionture, whon it wits in o Judicial capacity, to question tho com- }mtnnoy of - Mr, go]llur ns u witness. t [8 not nompotent for this Judieaturo, or for auy mombor of It, at this ntngo of tho proccod- Inguy, to eall in question Mr. Collior's compos tonoy to toatify In roferonca to o matter about whlch,lp is oxpocted Lo henr his testimony. M. Ltowbridgo—11is compotoncy ling tiot boon called into question, ' CONTRADIGTONY TESTIMONY. Drof. Patton—Thon, if bis compotonoy {a not onllod into quostion, I think it 1s tho sonse of this Loweo ‘tht his name will romain, without any queation, whore it i put. I wish to sponk to nuothor point rained by Mr. Trowbrldgo. . Iio says that, in tho evont of Mr. Collior's Lostify~ Ing, and 1n tho evont of Mr., Swing tostifying in acontrary diretion, that tho two testimotlos will cancol ench othor, In thd first place, I bog to say that wo aro promaturo in nssnmln§ thit Mr, Swing will testify undor onth; and, In the sccond place, wo aro promaturo in pssuming that ho will “testlfy contrary to Mr, Collior; aud, in tho third place, wo would bo violating all crnong of evirlonce, if, in n cago of this kiud, we shonld considor tho testimony of tho ncousod ny tho equivalont of tho teatimony of an impartial witnoss, L wish to gny ANOTHIER WORD, sir. I nm quito awaro that our Boole of Diaci- pline provides thit no clmagu shall bo considerod proven until it iy suatnined by tho tostimony of two witnessos, We do not proposo to prove the ohargo allogod against M. Swing by tho tosti- mony of logs than two witnessos. e proposo to prove tho chargs by Mr. Uollier and Mr. Shufeldt ; and tho book provides that, while two witnosses mny not bo found to testify to tho snmo fact, yot if two wilnesses tostity ench to seporato faols, thoso facts tonding to sstablish tho samo gcunml chargo, tho oharge shall bo conaidorod ns sustained, These roatons, I con- sidor, Mr, Modorator and brothron, will bo sufli- clont to auvswor tho stalemont made by Mr, ‘Prowbridgo, Mr, 8wazoy—I hopo, sir, Mr. Collier's namo will niot be droppod from tho list of witnossos, o3 I #ee no good renson why it should not bo kopt whoro it {s. MR, TROWNNIDGE EXPLAING. BIr, Trowbridgo—Mr, Moderator, I will say ona word more, - I mada this amendmont oh tho nup]lmaitlou that it would probably be nccopted by tho prosecutor, in view of the fact that Prof, Swing does dostre to tostify. It is well known in cortnin oircles that all thero is of this mattor which would como to the surfaco could be brought to tho surface through himself and through no other, and I hoped there was suf~ flcient confidencoe in his boing willlng to testify to all of it, and wished to savo the delay of two montbs, But, if it is going to throw tho slight- okt nuspicion of an intention to gt rid of nny nnportant tostimony in this cago, lot us have Mr. Collior's teatimony, whatover it costs, Ar. Bwazey—It scems lo_mo tho Court fa not bound to whit for nu{ witnoseos; if ®o, wo might as well walt for the resurrcction, If tho witnosses are not within ronoh, tho court is not bouad to walt for thom, Mr. Trowbridge—I withdraw tho motion. NO DELAYH, WANTED, Mr, Noyes—I am porfectly willing that tho nnwo of this witness (Mr, Collior) should stand, provided it be understood that tho trial of tho naceused at the bar of this Prosbytory is nob to dolayed an indofinite time in order to procuro his tostimony. I rogret very much that Mr, Collier is not in Lo city—that ho is not at hand so that his testimony can bo securod without diflonlty, But cortainly it would be doinga ront wrong to tho brothor who stands at your ar, and ot the ber of the Church, and uf the bar :of tho world as an_acoused man, that he should bo loft to reat undor thesoohnrgos for montihs. If wo aro to wait until his (Col- llur‘n{ltuuumony can bo procured, if it takes two months or two yonrs, I corthlnly shall fool ‘Dbound to oxpross my dissent from this courso, Prof. Patton—The question s to whon tho trial will talo plnco, Mr. Moderntor, is not be- foro us, The court ean decido that irrospactive of tho-fact that Mr. Collior's name is on tho ligt of witnesses or not, Mr, 8wazoy—I wish to take bnck what I said, if it is acknowledged on the Hnrl. of the proso- cutlon_that no ndvantnge will bo taken of tho fact. If I undorstand thia to bo tho intimation ~—that the thing is for future discussion in any such 6enso ns to imply that possibly this trial may be intorfored with until intelligonco can bo had with Mr. Collior, T withdraw my romarks in regard to the motion. MBS, COLUIER. Mr. Riddle—I move to amend tho report by strihlufg out nll in the third specification relating to the Into Mary Prica Collior. The Modorator—That introduces o now motion bofora tho houso. g Mr. Riddle—I undorstand the motion befors the house to be tho one to adopt the report of the Committeo. * THOF. PATTON EXTLAINS, Prof, Patton—To snvo tho necessitv of a mo- tion, the prosecutor begs to say, by way of ex- planation, it was his intontion to sk that leave of the Prosbytory,-aud for tho reasons which he will sesign prosently. Doos that wuit you, Mr, Riddlo? Mr. Riddle—T am satisflod. Prof. Patlon—DMr. Moderator, aro remarks on tho motion to adopt the report in ordor? ‘The Moderator—Yos, Prof. Patton—I wish to eny, then, that T am in sympathy with tho roport, in subsfance, ns it is now presonted. I linve a few romarks to offor, and some of my romarks may cover sintemonts which have been made in this house in roforenco to the report as presented by Dr. Pattorson. T willbe vory bricf, and liope the courtosy of tho houso, considering my intorest in tho case, will not provent mo from saying o word or two on thig subjéct by way of explauntion, Whon this roport wont iuto the hands of o judicinl com- mittes,—and nocessarily, ns I supposed, and ag I 8till] bolieve,—I Loped that the roport of that Committee would be such as I should myself have been williug to ngree to, remombering that it had at its hend, and as ite Chairman,’ ono of tha oldest mombors of this Troshy- tery, and ono whom we all respect, and whogo judgment nnd_exporienco in such cases would ontitle us to beliove that he would bring in such a yeport ma we should all aflirm to and aceept. Dr. Patterson—1I rieo to a point of order, and thiat is, that it la not in ordor to discuss n roport, or any quostion pertaining to it, that is not now bofore tho Prosbytory. It bas heen withdrawn by tho consont of “the Prasbytory, and auother form substituted for it. A LITTLE AT BEA, Prof. Putton—Does the Moderator sustain me? Tho Modorator—I undorstand Brother Patton to be mponking to tho question whother tho roport 08 amondod bo adoptod or not, . r, Paterson—No, he Is spoaking to tho pro- vious form, Prof. Patton—Dr, Patterson is corroct. If it ia not in ordor to discuss tho proprioty of that report, I submit we have no rogard for any rules of ordor. The Modorator—I suppored Prof, Patton wag auimadverting upon tho repoit ns amonded—ox- plaining the roport as recowmitted. ‘Ihat s tho only motion before tho bouse, No othor romarke swould be in ordor oxcopt the houss accorded tho privilege. Frof. Pnatton—I am nware, sir, that I nm not ‘spenking strictly in nrdnfll and craved the o courtosy of the Louse, for gmplo ronson L am now giving, You will let me glve my reason? I shball not sponk on tho motion. ‘Tho Moderntor—I would doso If & x‘mlnt of ordor had not been raised, which I am obliged to ontertain; and tho Moderator would docido in rogard to that point of order that, sinco thora is excoption to the continunnce of ‘theso remarks by Brother Patton, thoy can ouly bo .continued by n voto of tho Lioliso, Dr, Pntterson—I would say further, Mr, Moderator, that, in my judgmont, the houso It- gelf lins no right to grant the privilego to any brothor Lo dizouss & poiut thal is entivoly out of tho onse, whether right or wrong. Tt wasn Ernpnr quostion when it was belora thie body, ut whon 1t wes withdrawn it is not a proper question to bo discussed before this body, evon by pormission of the houso. X would be por- !ucllv willing to disenss tho"whole subjoect at lnnl;tlh if it were legitimately bofore us ; bub it will bo rondily woen that It leads to un indefinite disoussion, Tho Moderator—1Eho brothor undorstands tho decislon ‘of tho Modorator—that thosa romnvks of his boing excoptod - to, he connot ullow thom oxeopt by voto of the honye ? THE PIOPORED CENSUIE, Prof, Patton—I shall not appesl from tho Moderator's decision. Iwas going to sposk in roferonco to tho consure which it wns proposod #hould be passod wpon 1o ns tho prosocutor of this coso, und I was golug to eny that I was sur- prised at that, consldoring that thoe Hook dofiues ? privato offouse 8o distinctly, A privato of- 01i0— C ‘'hio Moderator—I beg the Lrother's pardon, AGCEPTING 'TUE REPORT, Drof. Patton—I was slmply going to say what I intonded to sny. [Lnugh[’ur.a 1 proposo, now, Ar. Moderaor, to_advort s littlo to tho rocon roport of tha Committoo, with most of whioh, ns I have lroady romarkod, £ am in eutiro sympathy, The proposition to atrike out certaln wordd I this yoport,—that s, other sormous,” und s on,—I will nccept, with tho distinot undorstand-~ ing, howoever, that T am not in accord with tho membors of thut Committeo, and by no monus agroo with them to the effect that thoso spooi- fications nro open to the suggestions whiol thoy urge, 'ho objeut of a#poctfication, ns I undor- stund it, Is Lwo-fold. ’I‘ 4 £0 seeure tho acougod from a second trinl for tho snmo offons —it bolng n pofut {n sl furisprudenco that & pordon oanhot ho trled twico for tho samo offonse,— tud that ‘tho attention of-tho nceused shall bo callod to tho points in roforonce to which ho In to mako anawor, so that thore can bo no doubt on that nul»juut. Whon n speelfica- ton covors thosn two points, it answors all ondy which are enlled for, and 1 clnim that encli of theso twonty-nino spectfications 1 with- h’n tho cnnons whichIhave junt mpoken of. Drof.8wing could nover boroludictod for any ono of the offonacs Inolnded in thoso bwenty-nine speciflentions, boenuee thoy are mmlo!umf’y dis- thiret to proyent that; and E'rof. Bwing ean have no doubt about whiat Imenn whon I chargo bim widor quut{‘uhm #pecifications, with a waut of fidelity in Liis pastornl duties.| That boing the caso, Iclaim that thoro fs no noed of this amondniont; but lu order to sntiafy tho Commit- too and tho Prosbytery, and to save vime, I am willing to o "far. amond theso _wpocifi- ontions, a8 to loave out all such Pousngos a8 ‘othor sermony,” and to glve the numo and date and titlg of ‘all tho Bormon proachied by Prof, 8wing. Itisn largo amount :‘l clorleal Inbor, it I willondenvor to dlseharge I WIBK TO OALY ATTENTION to another point, howovor, and it is to dQis- tinguish bolwoon a frfal for horaosy, ft a trial undor tho oharges laid down In ihis indictimont. Drof. Bwing is not ou trial for horosy. 'I'he chargo against him is that ho hag not beon zealous nud faithful fn” maintaining tho truths of tho Gospol, and s not beou faithful and diligent in the exercisa of tho public dutios of hii offico a8 such minis- tor. Now if ho woro on trinl for hersoy, it would Do vory proper, as Lo Gonoral Assombly— Dr—Lattorson, Mr. Maderator, may I cnll the attontion of the speakor to tho socond cliargo— *horony," Prof, Patton—That is propor. Iam npenklnl} now with roforence to the first cliarge. All way intonding to say of the specifications undor tho first charge, I Intend o sny also undor tho socond ahargo, and it will bo for the Dresbytery to say whethor tho citation in theso speciflentions is rolovaut to tho caso, Iwlill illustrato what T monn. When I say in ncortain specification that Mr, Swing las ‘laid down a false, a dangor- ous sentimont, for instance : That tho valuo of o doctrino {8 to bo dotermined by our ability (o vorlfy it in our oxporionco, I_might not bo ablo to polntto tho pssage of Scripturo in which that is aflmed, nor might I be ablo to find tho passage in “the Confossion of Faith which distinctly says that o doctrine is valuablo ovon though wo caunot verify it by ex- {:or&uqcu; and yet thero is no ono in this house ut will admit that this is a falso and a dangerotis statomont, and that it is covered by tho dofini- tion of an **offense " givon In the Book of Dis- ciplino. An ofieneo— A TOIST OF ORDER, Mr., Noyes roso to a poiut of order. It seemed to him that a discussion of tho morits of tho charges at that tune was out of ordor. A roviow of the specifications and churgos would ho proper whon the testimony was all in, and whatovor was to be snid upon them should bo #nid at that time rathor than at prosent. Tho Moderator decided tho retunrks to bo in order. Ho underatood Brother Patton to bo eniticising tho roport. Drof, Patton—CUortainly ; you aro corroct. Mr. Bwazoy—L do not wanbto appenl from your decision, sir, but it scoms to mo that the prosccutor—tho porson who is spenking ‘on tho tloor—shonld speik elthor to tho acseptance or rojection of tho roport, Now, to which is he spunklg{; ? ¥ Mr. Noyes snaid his point of order was that dis- cusglon thon wonld involve poing over tho ground twico. Ilo prosumed the proseoutor would sgres with him that it was dosirable that isz22 bo joined & spoodily a8 posaiblo, He une dorstood him to g¢ sponking, not to the roport, but to tho mority of the tiona, Tho Modorator understood Prof. Patton to al- ludo to the specilications by way of Hllustration, and said o would adhiore o his decision thal tho rowarks wero in order. Prof. Patton—T shall bo through very shortly, X ouglit to say, in deloronce to dr. Noyes, thab my sympnthios are so fully with him thn £ only wish Lo had mede his remurks prior to tho ap- pointment of the Judicial Committeo, '[hore would hisve been noneod of & Judicial Committeo if this Presbytory Lad boen of the snme mind with him. argou and mpectilca: ANOTHER APPEAL. DMr. S8wazey—1 appeal to the house. Itscems to mo that thevo remarks wonld be very proper at the opening of the trinl, butare not propor on & motion to adopt tho report of the Com- mitteo, Mr. Kittrodge—I sccond the appeal. It sooms to mo the samo ns it does to Dr. Swazoy ; I can- not 100 how theso remarks aroe in ordor now. Prof. Patton—I will offer an amendmont to tha report, and then propose my ideas, T'he Cheir was sustained, tho voto being ap- parently ne strong on one a8 on the othor, but a division was not called for. Prof. Patton—Now, Mr, Modorator, I_will come to tho point which T have in view. It is this: that, in g0 far as the specifications nrmed undor Charge 1 are relied upon to sustain the chargo that Prof. Swing has nov boen zealous aud faithful in mnintaining the truths of tho Gospol, ote., tho recommendation of the Com- mittee— The Moderator intorrupted by requosting Prof. Patton, as tha tondency and object of his remarks woro not clearly seon, to restate the poiut to which Lo desired to call tho attention of tho Prosbytery. STATING PARTICULAR PASKAGES, Prof. Patton—The roport of the Committes i before thie hiouso, 'I'ho offect of that report, if adopted, will be this : That I shall be required to utate distinctly and plainly tho particutor pas- sages of Seripture, and the particular poluts in the Confesslon of Faich, which aro supposad to bo coutradictod by tho teachings of Lrof. Swing, 88 ot forth in these allegations. Now,tho point 1 raiso is this: That, whilo may be !ympnx‘ to reguiro mo {o do so under ho second chavrge of lheresy, it is not propor to roquire me to do so under tho first chargo, to tho oftect that he hua not been zenl- ous aund faithful in maintaining tho truths of the Gospol, and has not been faithful and dili- gent in the oxerciso of the public dutiesof hia oftico a8 such mivister, for the reason that, to constituto-an offenso it Is not nocessary that tho thing alloged bo contradictory of somathing sob forth in o specific pnssage of the Scrivture or to tho Coufession of Faith, but nothing shall Dbo construed a8 an offenso or matter of acousa~ tion which cannot ba proved to be so, from tos- timony or from articles which involve the ovils vho diseipline is dosigned to prevent. Now I say more than that. I might not bo able to find the particular pasange of Seripture which is dircotly contradicted by any ono of these sllegations, or thospurtlenlar passnge m the Confossion of Faith, yet, if Ieau prove that these allogations aro thoso Wwhich involve subjoets your discipline it dosign~ cd to provent, they conatitute an offanse. PLOF. BWING A8 A WETNDSS, T wish to suy one moro word iu regard toProf, Bwing. When Iput his name down as & Witnoss —of course I undorstand that I bad no right-to call him hore a8 a witness—I know that ho had u porfact right to deoline to come hero without projudiolng his case. I simply proposed culling Lim o8 o witnoss. If Lo declines to como, it iy | 1ot m_our powor to compol him to como. Honca I very choorfnlly comply with thio rocome mondation of the Comimitloo, nnd withdiaw bin name. I wish to sny one mora word in reforence to the amondment” that was proposod by Mr, Tiddlo,—to mako an oxplauation,—and 1" hope tho houso will hoor mo- in relation to n mntter about whicl I have boon most GROSHLY AND MALIIOUSLY MISREPRESENTED, Mr. Willlams—May Ibo allowed to intorrupt tho gentleman ? I wint a dofinition of horesy, if ho can give it in & fow words. Prof, 'atton—I am hore in the character of o ‘prosccator, wud not ns a thoologlan, [Laughtor.} I'he Modorator—Tho_brothor [‘Pnttunj Lias n right to the floor, and I caunot interrupt him, oxcopt.for points of order. A LITTLE WABPISH, Mr, Wallcor supposed Prof, Putton roferred to the publio prints when he said ho had beon ma- liciously misropresented, not to tho Presbytery, Prof. Patton—You don's kuow auything nbout what I rofor to, Mi, Watkor, I bog your pardon, Tlr, Walker—Woll, if thut is truo,—if ho mukes tho chargo that mombors of this Prosbytory hinve musropresonted: him m tho mattor,—of vourso I should bo dosirous of his maldug w statomont, But if wo have nothing to do with 1t ing any shopo, I should think the brother ul'mufd make & roply—not hore, but somowlhere olso, 2 Some more quibbling followed as to whnt was bofore the Liouss, ‘'he Moderator docided that Trof. Pallon was in ordor, and hoe procoedod ag fallows: M8, COLLIER, ‘ Now I will toll thie Proshytory what I have to sny, Tho spooification iIn”roferouco to Mary Prico Collio is as followa 3 Speeifleation Third—1le s manitested a culpabilo dioregurd of tho essentinl doctriucs of Christlanity by iving the wolght of his influeuce to tho Unltarkn Honurmiuation, and by the Nuworthy and exiravagant Juudattou tn tho pulpit, and through (o press, of “ono who fs known not o have velivved ju the Olvistian roliglon ; that lu to say, that somo time in tho past wintor, and dlulnq suceeksive dnya o was advertiued tu leative in the ity of Olifcugo in afd of o Unitarisn chapol, orected in memory of (he lnto Mary Prico Col lior, aud that bo did lecturo in ald of sald ehapel, and in dolug so nidod in tho Jrowtlystion of ko Horcsy which denfed tho dol U{ of our blessod Loty thet in an artfelo writton by Wim, and pub- lished over his nawme fu- (ko porivdical callod tho Lakestda Monthly, hearing date of Octobor, 1874, and _ontitled “'lllm Chicay %nr the Olrlatian,” Dassago occurs which, takon in ite plain and obvious #onno, tendlien thit Robort Collgor, a Unitarlan minia- ter, nud Rolert Patterson, n Presbyterian ministor, proach substantially tho saina gospol,~that thio (ioapel, meaning {lia Chrintian religlon, fs mutable, und miny bo modifled by clroumatanees of timo, and plnce; hat tho “local gon}ml ' meaning tho Gnuxu.-l of Olil- eago, {6 *nuodo of Virtuo " rathior {hau o * Jumible of doctrines,” und, moreover, that on_ the Sabbaih fol- lowiig ths dontls of Jobut Htunrt, Mill, n well-known nthoist, Mr, Bwing preached a normon 'in_reforonco to v, i, tho nattirl effact of which would bo to mie- load and'injuro his hearers by producing in them n falwo chiarlty for fundamentnl error, Now, tho romarks I wish to mnke nre theso: ‘That that spocification hns not beon drawn with snfliciont eare, It hat subjectod mo to imputa- tlons which this Prowbytory would not wish to Hoo reat upon ono of 1ts membors ; and 1t fs por- fectly propor, thorefore, that, ns ninombor of this court, Ishould bo protactad by thom ngainst nsporalons upoh iy charncter, Y have been chargod with slandering the dond. ~ I have boon charged with snrlug that I'rof, Bwing is guilty of nu offonko - in - his unworthy nmd _ ox- travagont - -laudations of Mary Prico Collier,. I lhave boen so cliarged, ir, hotwithatanding o contradietion which nppenred th g ‘IRinUNE, ond tho charga hns boen re- peated by tho-Zvening Journal, - Now, I wish to oy that % . NOTHING WAS FURTIER FAGN ty Mrixn whon I drow dp the 8poeificatlon, I hevo boon crodibly informed, and il was miy boliof beforo tho spdoification wns drawn, that Mary Prico Collicr was o good Christian woman, and that slio lived and died a dovoted Methodist, and that i3 my belicf now. When I #poks of tha Mary Prico Collior Chapel, it was simply for tho purposo of doing what tho spocifications linvé boen chiarged with not doing. I did it dlm- ply with the view of makiug the specifiontion very detinito, so that thora could bo uo question s to what Unitarinn chinpol it was, fnd I omit- ted that, tho probability is that tho report would hinve como in telling us to amend, tha speci- fleation by saylng what ¢hnpsl. Now I va.: obvintod that by snying the Unitarion chapol srhiioh was erocted in memory of tho Iate Mary DPrico Collior. I didnot elander her any more than I would the Pm)sb{kury Ohspol on Fullerton nvouus, if I had mentionod it. It was_simply dosoriptivo, aud the explanation of nnd by }lm unworthy andoxtravagant laudation of onewhois known ‘not to have boon In sympathy with tho Christisn religion,” = is in the Just pact: “That on tho Babbath following tha doath of John Stuart Mill, a well- known atholst, Mr. Bwing preached n sermon in roforence to Mr, Mill, the natural offect of which would be to mislend and injure his hoarers by producing in thom n falso clinrity for fundamen- tal crror.” - Prof. Bwing's locture in the chapel Was on Philou?by; ho nlluded to nothing butb that, and could not_be acensed of * unworthy and extravagant laudation " under theso ciroum- stances. THE AMENDED SPECIFICATION. ° And now I wish to amend tho specification by mnking it read as follows: i Aund by an unworthy and extravagant laudation, in {110 pulplt ond throngh tho press, of Jolin Stuart Mill, o man who is known 1ot to linvo belioved in tus Chris- tian religion, that is to g8y, {hat somo thne in the past winter and during succeasivo days, ho was ndvertisad to lectura in the City of Ghicago in'a Unitarian chupel, and QI Tectnr 1o & of sald tapol, nnd fn so- dolag aided {n thy promulgation of the Euuay which denies 1ho deity of our blessed Lord, Now, I sliall not tell the Court what particular chapol I mean, because if I do I ehall ba chiarged with slandering Mary Prico Colller. I wish thom 1o underatand, howover, that tho chapel is that particulnr ehapol. Tho Modorator—Do I understand that the specification is to be changed as you indiente ? Prof, Patton—I simply givo motico thot it is my intention to ohango it. ‘hio Modorator—T'hat must ceme befors the house in the, nature of n motion to nwend the report. 'rof. Patton—It {8 not necessary to do that. T supposo the chiargos are in my hnnds until— Thio Modorator—thoy aro in tho hands of the Prosbytory, ul1’rm'. Patton—I movo thatasan amoendment on. * A MOTION TO BTRIKE IT ALL OUT. Mr. Riddle—IL move a8 un amendment to that, that tho whole specification, including John Stuart Mill bo strickon out. They are both dend. {Laughtor,] And It is not proper to inquire iuto tho religious beliof of anybody-who is dead, [Henewad lnughtor. i Prof. Patton—Tho oftoct of Mr. Riddle's amondment, if adopted, would be to dotormino that this specitication, even if it woro proved, does_not constitute an offonse. That is to sny, Mr. Riddlo, in his eapacity as a membor of this court, entors o demurrer agninst the allogntion. Now, I takoit, if itis proper for any porson to domur iu this proceeding aud sy that, if proved, it docs mot constitute an offouso, it is for Mr. Swing's counsel to do go. If ho domurs, I shatl” Iuow how to nct. But it is uot comipetont for any member of Lhis Presbytory, ny guch, to docide upon tho morits of the case which thoy are called to try. Mr. Riddle-~That i8 no my motion at all, I 8y thnt wo liave got to assnme ag o fact that Mr. Mill was an atholst, if wo outer upon the hearing of this specitication, and that, in order to enve amy questions of difliculty in tho detor- mination of facts, it is bettor to leave out the wholo thing. It {6 not & domurror; it is simply & quostion of fact—tho specification assuming as o fact that 3Ir. Mill was an athoist. Mr. Noyes romarked that ho would be witling to lot Lha spocifieation stond a8 it is, presuming the neonsed would nlso bo. THE AMENDMENT LOBT, - Thoe question on the amendment to strike out was thon put, aud it was voted down by o decid- . od majority. Mr, Hurd hoped the smendment would pre- vail, for the reason that ho did not wish to seo any'doubt expresdod ns to tho monning of the specificotion. He lad not mado tho mistake which bnd appeared n the publio prints, aud he hardly thought any of the bLody did, aud ho ‘regrottod that iv Bhould be made merely to corroct uewspaper misapprolonsion. Mr, Farig lm]imd tunt justice would be dons Mty Price Collier by striking out the portion of tho spacification reforring to hor, Mr. Blagkburn thought it ought to bo mnde n littlo plainor, as some misapprebonsion oxistod, ovon amung tho Prosbytors, rogurding it. Dr. Pattorson enid the Committos did not call attontion to it, becanse they bad no doubt them- selvos as to the moaning of Lo proscoutor, . Tho amendmant wes unanitously agreed to. A 'TEDIOUS DIBCUSSION followed on the quostion of requiring Prof. Patton to ba specifle {n regard to the specifica- tious under bolh charges,—uaming tho passages in Prof. Bwing's sormous which impugned or contravenod doctrines in tho Confession of Faith or tho Beriptures, Prof. Patton offérod to be dofinite so far as the second chargo wns concornéd, but not as to tho firat. Dr, .Pattoraon insisted upon both chargoes beihg troatod alike in this respect. Bome colu- cided with him, but {he majority did not. + 3R, DRODETCN, During the dobato Mr., Brobston seid ¢ I thiuk if tho gontloman (3lr, Riddlo) will look in Web- stor's Dietiounry he will flud a dofinition of horesy. [Laughter.] The duty of the Presbytery is not to discuns guch quostions, but to iry Prof. Bwing, I would bring on my witnssees, if I folt confidont I was right, I would not care if thore wore dozens and dozous of spocifications and chur;iuu againgt mo, if I folt comscions I vay nble to prove them untrne beforo these brethren, whom I bolive to bo honest men., Lot us go on in tho foar of tho Lord, and sustain tho noble Prosbyterian Ohurch puxo and * unadulterated Pnughlur] s and If any momber of tho Clurch hns acted contrary to-our book, I 'sny let liwn walk. [Luughtor.] Prof, Patton finully moved that tho rocom- mondation of the Committes with respect to the citation of passages from the Confossion of Faith and the Seriptures should bo adopted 8o for ag thoy relatod to Chargo Second, and not uo far ny- thoy referred to Oliarge First, . . 'THE CITARUES REFERRED, * Tho motion was not acled on, tho chargos Dbeing roforrod to Prof. Patton, ottho suggostion of Dr, Patterson, to repore such amendinents ng ho waa \nmn%to nnko, tho Presbylory to decldo | whether they bo accopted or not, M. Noyos nrged tuat, for tho purpoeo of sl- laying excitomont, issne should be. joinod na spocdily as porsible, The l'ronbf'tury then adjourncd until halt-past 10 o'olools this morniug, —-— CANA OF GALILEE, “T'o the Fditor of The Chicago Tribune: “ Sy The question whethor or not the ac- count of tho miruclo of muking wine of walor 11 spurious, hag boen deemed worthy of disous- sion In your paper by yomself and others, This is my exonsa for again calling your attoution toit. Thore is o text in John which seems con- clusive on tha point, and which apponss to have boeun ovarlooked., Tho 40th verse of the 4th ohnpter hus theso words: *Ho Jesns crmo again into Cana of Gatiloo; whoro ho made the wator wine." This was ' subsogquent to tho miraole, aud on his roturn from an oxpedition into Judon and Samaria; and would weom as uxuufih John, m naming Oana again, was remind- od of the miracla, 1f tho account of the miracle is urufluua, ho Wwas a ounning forger who put in this passage to corroborato it. AN OLp Buusouinin, RAILROAD NEWS, Extonslon of the B. & O. to Chi cago--Freight BEarnings for March, RAILROAD CONSTRUOTION, THE DALTIMORE & OIHO. Attt Into mooting of the stockholders of thy Baltimore, Pittsburgh & Chioago Roilroad, whioh {8 tho branch of tho Daltimore & Ohlo ta il city, the loaso of the Illinols Divislon to the Indiann Division was ratified. 'ho wholo line of road from Conutroton, on the Manafiold & Ban- dusky Rallrond, to Ohlengo, u distance of 208 miles, will bo complotod this season, Tho ling will bo finished to Doflanco within a tnonth, the ron being Inid wost of Definnoe to tho crossing. of the Matmoo Rivor, and ofist of the Junctlon of the Fort Wayno, Jackson & Baginew, and tho Dotroit, Eel Rivor & Iilinofs Rillkoads at Aubiin® to the St. Josoph Rivor. Bridges of iron and wood will bo bullt across the Maumog and Bt. Josoph Rivers, Tho grading 18 nenrly finished, ties ;fm(ug delivered along the whola lino, . CII0AGO & PAOIFIC, Tho Obleufi? & Pacliflo Rallrond Oompany has rosumed work on tho grading at Port Byvon, Iil., ond the contractors oxpoct to hava: the whols lino, from Blgin wost to Byron, ready for tho rall, oxcopt n short soction of loavy work nenr Llgln, in o fow monthe. At the Rook Rivor Dridgo, anothor plor is.to be bult to earry tho bridge 160 foot across tho iluts east of tho rivor, iontend of flling fn, . CUICAQO 2 ILLINOIS RIVER. The Chiengo & Illinois Rivor Iinitrosd will bo cotnplotod {n June. It runs from Chicago in an nir-ino to Joliot, From ihat plnce it ruva di- reet to the Wilmiugton aud Vormillion coal ftolds. 'Pronty miles of this rond have boon nlrendy graded, commoncing at Joliot and oxtend- ing toward Streator, i SE - RAILROAD EARNINGS, 5 FALLING OFF IN NEOELLTS, The Raileay Monitor states that railrond trafllo in March was quite poor ay compared with the same month in 1873, and o fow og tho companios show somo relustance to furnish thoir roports prompily for publieation, boeauno tho roturns show a decrenso, Tho bust neeg of the country, during the past two months; ing not been much as to onable railronds in gen- oral to mako large earnings, and, therofors, it must bo considered & quostion of groat doubt whother tho suppression of trafiic reports, whon thoro is o decrenso in earnings, is of any Donofit to the railrond company, sincoe: ‘“Tho tendonoy of investors in this coun- try, and moro particularly abroad, is to indlino toward tho seourities of thoso corporations which publish full aunual reports, ond give informa. tion oponly about thoir finaricinl sffairs, the in- vostor shrinks from putting his money into the atoele or bouds of & company nbout which he can’ got no satisfactory information.” Notwithstanding the goneral docrenso in busf- noss there aro soveral roads which are the mora nrominent from still nhuwth an_increnso over the corrosponding month of 1873; in most of thoso cases, howover, it must bo remombered that thero has boon an iuoronse of milosge, Tho Central Pacitio earnings are well kopt up, con- sidering tho uuprocedontod snow-storms in tho Sierra Novada Mountains, maoking the month one of tho most unfavorablo the. Gompany hes over known. Tho Union Paciflo gross earnings for Fobrunry last wore 607,900, airainat 8401« 783 in 1870, and neb oarnings 433,081, sgaingt $203,755 in 1878, THE TLLINOIS OENTRAL, The Land Departmont of tho 1llinols Central Tailroad roports seles for March of 2,597.91 ncres construction lauda for $18,686,18, und 160 acres froo lands for £2,240, o total of 2,757.91 acres for $20,026.18. Cash collections for the month amounted to §36,745.07. Tho traflic carnings for March are a8 follows: In Hinots, In o, Total, W7 niles,’ 403 miled, 1,100 miten, Freight.. S45,040.00 $70,712.00 $345,762,00 Tnssengers. 1 34,12 72,177.85 145,001,917 Aalls, 0,375,00 8,030,24 9,431.24 Other source: 04,025,00 2,080,70 67,306,76 Total Morcl, 1874e0seroe, - SHEI4ID $118,020.80 §507,838.07 Actunlenrninga 3 Murch, 1873..,. 635,007.05 127,821.44 €00,769.99 Tlus is o docrense of 153 por cont in tho 11}- nois carnings, of 7 8-16 per cont in the Iowa :x:mrmugu, and of 1434 por cent in tho total earn- ngs. e MISOELLANEOUS. CONSOLIDATION, An ngrecmont of consolidntion has been mado botweon the St. Louls & Iron Dlountain Rail- road, tho Arkanens Branch, Cairo, Arkansas & Toxas, and Cairo & Fulton Railronds, It has yot to ba'voted on by the stockholders, but thore iulittle doubt that it will bo ratified. By the terma of the agreomont, tho namo of tho now company {8 to be tho St. Louis, Iron Mouutaiu & Southorn Raflrond. It will own 685 miles of rvond, nnd tho capital stook is to bo $20,- 500,000, or 238,088 per milo. Of this stoely, tho Bt. Louls & Iron Mountsin shoreholders “will rocoive $11,500,000, or 11 sharos of new stogl for 100 of old 3 the Arkans sas Brauch stockholdors, 81,648,950, boing 05 Yer cont of their presont holdings ; tho Cairo & Fulton stockholders, 57,200,000, and the Cairo, Arkanaos & Toxns, 1,200,000, boing G0 por cont of the nmouat of their prescnt stook. I'lo bal- anco of “the now stock—25,051,060—will remain in the tressury of tho Company for the ipro{mnb. The roads aro now owned by substantially tho &nmo parties, and thoy can probably bo moro cconomically managed undor a siugle organiza- tion, 'The consolidation will make no differenco in the present manngement of the lines. BOLT IN MINNESOTA. A potition was filed in the United Btates Cir- ol Court at St. Paul, Minn,, Thursday, com- plaining of overolintgos by the Racelver of tho Houthern: Miuncsots Rond for transporting grain. It ig alloged that o heavy shippor of pro- duce was: allowed special rates, mnounting to only about tio-thirds of thoso charged others. Bovoral mora casos of tho samo natire will be brought before the conrtin o few days, on be- hnlf of tho other grain-deslers upon the line of tho Southern Minnesotn Rond, Tho aggrogato amount involved i all tho cascs will bo in the neighborhood of $50,000. B, E. P, VINING, General Frolght-Agent of the Union Pacific Rail- rvoad; avrived in this city yosterday afternoon on Lis way from New York to Oinaha; o held a cousultation with the Genoral Frelght-Agoits in this city in the evening, but what transpired could not bo loarued, . ] 3, Violng, boing Intorrogated .in.rogard to his presont troubles with the Towa liues, stated that he bind no desire to disoriminato in favor of §t. Louis and ngninat Chic&ro. Tho fight was not brought on by him, but by the General Frclgm-l\&:onm of the threo pooling Iowa ronds, who natified him af- & very critical juncturs, whon o was at war with the Paciflo Mil Stoam~ ubip Company, that thoy would broak their con- wracts unlosy ho would pro-rate with thom: - Hoe was in dnty botind to rojeot their offer, as it costs much moro to transport froight ovor the Union, Paolfic than over tho Chiongo Ifilea. Whila ho- did his best to gain Aus point by sonds ing freight via Bt. Lonie and over the Baltimoro & Obio Railrond, afill it Was impossiblo for auy, ong to soriously fujure Ohicago, as Chicago wag Ly long odds tlie miost nvailubla’ place over which to ship Califdruls through freight, Chicagonus Dbad uo ronson to find faunlt withhim or the Union. Pacifio; they should lay the blamo_on the threo roads in this oity, “":““ha“’"l“u their oarnings on Californin busiuess, snd thus created a siuglo monopoly to the Puciflo const, Ilo aleo statod tliat tho mannger of his road hnd concluded ar- yangements with tho-Paciflo Mafl Stonmnship Compnuy, by whioh the two intorosts would bo joinad, and “tho diffieultics which horotofore exe inted wonld bo sottled. Tho new President, Mr, Dillon, wns in fall ‘accord with Iim, and 'that’ gouttoman would Lo in Omuhs before-long to tako full chargo of tho rord. The Ueneral Froight Agonts of tho ronds lond- ing to the Fast liold s niouting lost ovoning b tho Shorman Ifous, for the purposo of , com- paving thelr tmiflls, ~ No olimugos of importanva were made. ... Suectal Dispateh tn The Chicana T'ribun j New Your, April 20.—Mr, Cnswoll, agont for Bischofisheim & Goldsmidt, - Brie's London bankors, who ato also t|uorly futorostod in the Alluntio & Grent Westorn Railway, was olosobod for u long timo to-duy with tho chlof oficors of tho Inst-named Cnmm\ny. T8 principal object hove, 1t I hotioved, is to ‘taka part in the Brie fight which s llkul{ to bogln soon; but he inti- wintos, though ho doos not dircotly aflirm, that g‘{u omployars intond taking no purt in the mate —Tho Marvard Magenta siyn: It much rogrot that we notico ufn <umla::l“nlf“: le‘\run vtk of the forco ab Agnseiz’s Ausoum, his dischargo, togother \\'i& & smaller ong which took place soon aftor tho doath of ey #la, conuiderably wenkens the efficieucy of tns fustitution, and renders tho snceess of t{m onlgs iunl plau somewhat problomatical,