Chicago Daily Tribune Newspaper, October 21, 1874, Page 9

RELIGIOUS. Proceedings of the Symod of Illinois North, Hr. Noyces Completes Iis Argument Against the Right of Appeal. Prof, Patton Replies, and the Synod Sustaing Him, Prof. Swing to Be Invited to Ap~ pear at the Trial. Patton Will Speak To-Day. Unfavorable Report In the General Epis copal Convention on the Propo- sition to Revise the Ni. cene Creed. The Vote on Bishop Seymour's Confir- mation to Be Takon To.Day. SYNOD OF ILLINOIS NORTH, MORNING BESSION, The Synod of Northern Illinola resumed its session at tho First Presbytorlan Charels, cornor of Indiana avenuo and Twenty-first streot, yes- torday morning, the Rov, Mr. Wilaon In the ohiair. 2 B, NOYES. } The Rov. Mr. Noyes, on holinlf of the Ohleago Prosbytery, resumed his argument against tho right of Prof. Patton to appoal,—speaking to the motion to adopt the mnjority report of the Ju- divisl Commutiee, which recommended that the sppeal bo taken up. ) Aftor recapitulating the points mado by him Monday afternoon,—that undor the lasr s prose- cutor had no tight to apnoal, and that precedents Bustained bis position, ho spoke as followa: II1. And not oaly {o this mogative statement truc, but i€ may bo safd posilively tiat thefe i & precedent directly and equarly sgainst him, This Is the third poiut in my argament, Thoro {8 1n t50 Digadt a caso which, 58 1t slands ro- corded there, might unturalls bo regarded sa couclu- #ivo in support of my position, 1t ia the caso of Dr, 3. L. Wilson v, Dr, Lyman eechor. _ Many peraons Tnowing that Dr, Wileon proscctited Lyman Beecher for heréss, and not knowing sll tho material fucts of that historl we naturally coneluds tiat tho record of tho gate given fn (ho Digeel reforred (o s appeal brought by Dr. Wilson aftor ho hiad unsuccessfully proseenuted Dr. Beecher fn Preabylery ind Synod, Such wero not tho facte. Dr. Wilson endeavorcd to get tho Preabys fery to Inquire, by a committee, into Beoeher's ortho- dosy, They refused, Then bo endeavorod to Induco 1o Synod toorder tho Presbytery to appoint {ha Committee for the purpoea named. Tho Synod de- clined to do it. Then be nppealed to tho Geneeal Assombly ; and this is the appeal which, as tho Digent recorde, wasturown out, _ Atlerwards ho prosecuted Beechor Leforo tho Presbylers of Cincinuali, 1lis eharges woro uot suetofnied. Ho appeaied to tho ynod, which affirimed the decision of the Presbytery, o gave notice that ho wonld then appeal to the Gene eral Atsainbly, but, belng assured by fome of his own fricuds that tliey conld not snstain him, he mve up tho fight, £o {hat his caso nover came Lefora the As- sembly, ' Thin easo, thorefore, which teema o b n precedont dircetly in polnt,—end it is ou this account alono that T bave referred o tt,—is no precedent ut all, on efther tide, AN ILLTNOIS PRECEDENT, But there fs a procodent which 1 §n polnt, zad fo tho main facty of that T now desiro o call aftention, Tha record of this coso Is not fo e found Ju the Dle goat, but may bo found in the minutes of the General Asseinbly for this present year, psgo 62 It is the camo of Georgo Eishack va, The Bynod of Tlinols Bouth, Tho - appeal ‘was dlemirs2d, and, among tho various reasons whicls weroassigned for dismirsing i, tho first ono mamed 45, that wiho appolient teiot & prty ggrieved. Now, thle loading matérlal faots of this caso aco theso: A year O $Wo ago, tho church in Carlinville dectdod 10 adopt the rolary priaclplo, of tho primcipls of imlt- ed term-servico in the election of Eldors, By the adop- tionof thin rulo, and tho puttingof 1t In practico, cartain Eldors in'tho church wera relieved irom sere wvico. Upon this, Ar. Fishback, who Was_not one of theso honorably ratired Elders, brought tho chureh at tho bar of tho Prosbytery, by complaint, 3o alleged that £4is actlon of tlio ohitirch in adopting tho rotary syttem of eldership was unconstitutional, This wag tho charge, (Ana thio, it might besald parenthetically. was heresy—a very heretical action upon tho impor- tant, not o say vital, subject of church polity,) But tho chargo wa that {ho chureh had vioiated the con. stitution, Dy (ho declson of tho Preabytery, the ne— tion uf the church was sustainod. Mr. Fabback then sppealed tothe Synod, Tho Bynod atlitmed (ho docls- fon of tho Presbylery, Tho aeo was then carriod to thio Goneral Assombly, who dismissod {he appeal, ane sifning as tho firab und chief reason therefor thut Mr. Fishbaox was ot an aggrioved party, Such s tho history of the case, whieh tho brief cnbodiea all the assentfal facts, Aud now, 0a_regerds this cace, thero are several things which ouglit to bo corefally noted, It ought to be observed that B, Fishback was un_orlginal porty, and that, if tlua alona entitles n man to appeal, then ita lghit to do #o could not have been questionod. Tt oughtto be abaorred st 3ir. Fishbacica compinint embodied only » publlc offense, Ho aid not comno to tho lower courta boforo which ho brouglt his caso with o private grievanco o borighted, If he had, nn adverso decision would have mada A, thongh a prosecutor, an aggrisved pariy, aud, inammiioh 83 ho was also an original parly, by could thun have ap= lod, It ought to be abeeived that the declsion of o lower couirts must have been, in tho judgment of 3r, Flehback, a_grievous injury’ta tho Church, In hiia viow, sanction had been givoit to falso and hurt~ ful principle. We caunot suppose that ho would have initisted thia prococding, sua lave taken all tho trouble snd sorrow that must havo rosulted from car-. ing it on, unless ho hd been profounaly convinced that the welfaro of tho Presbyterian Obrch was deeply involved in tho fzsuo, It ought to bo observed also, that Mr, Fishback was nndoubtediy grieved and distressod, irst by the decision of the Preabytery ta Bim, and then by tho decision of the Synod, ~Uence, if to fosl & keen senso of discomfuro at belng dafcated in an ecclesiastical trinl 18 to bo aggrioved, then ho wns an sggrieved party, If tobo deoply convinced it the vordict in siich '8 trial was uncon- stitutionsl and Injurlous to the intercata of tho Church 18 ta be aggrioved, then this man was sggricved, and, therofore, entitied to appeal, But, evidently, Rome- thing moro thon thia is noccesary 'in order that one should be aggrieved. Evidontls it a truo, as Webster saya in bis dotinition of tho word, that to aggrisve is £ boar hard pon, o oppreas: or injure in- one's righta,” Evidently notbing less than thinis meant by &a0 Goneral Assombly, when they formally and unani. motisly dealdo that 7. Fisback *is notan aggrioved party.l Ttia wihiy my knowledgo that the proscoutor of Frof, wing liss deciarod, with emphasia and with e thiuasm, that tho General Assembly which sat in 8t Lonia Inst ay wus “sound,” Tlat is, or was, his joytul conviction, So far as 1 am awaro, that opinion wis not_expresecd spectally in view of thia uction upon Fishiack'n appeal, But while, in uttering this emphatio commendation, o may have bLad sowething #lae {n mind, I om happy to sgtoo with him in_ hiy rommendation, and Lo say that, as regurds this nction n dlsmissing the sppcal befors It o Gemcral Assuie bly wasunqueationably & sound.r Whey eould lave mado no other or difforent decision without violatun the law,—that law of which thoy ato tho servanta an not. the macters, It was an cuinently just and truo decision that {ho appellant in this Caso was vot .an eggrioved party, and ns such it ja @ folr procedent Dy which to gwda your saction n thia case. It 18 o precedent which {n perfoct bat- mony with all tho judicial declslons of the General A~ rembly for o period of fifty years, And surcly you will not violate both law and procedent by hearing un appeal that is brought boforo you by one who 18 not &0 sggrioved pasty, NO APPEAL ALLOWLD EXCEPT TO TilV INJURED PARTY, V. To da no would fhvalve somotliug moro than a violailon of law aad @ contempt of precedent{ it would fnvolye alse a grievous wrong to tho orlglnal respondent in (his case, And this is tho fourth und Jast point fo 1y argument, Tho orlginal defendaut Lias a right to bio protected from further pursult by {ne prosecutor. But it fa said that tho right of sppeal 5 inalienablo; that 4t is a right which hus been dewmanded ?nd irulv accordod ngoucxfi every clvilized peoplo of cvery nge, B #2n afrmation Is simply not true, From the day that e Apostlo Taul, in the presoncy of threatened wrongy uttered those manly words, 1 appesl unto Cusur, to tho present hour, uo well-governed peoplo Lavoever allowcd the right of npfi!:l except to au injured party, Tho Jurlsprudencs of tho wholo. Wworld, oivil nad oo cleslustical, Lasea taclf upon that fundamental idea expressed by Dr, Willium Smith in bis Diotlonary of Greex snd Homnn Antiquitles, when bo saya thot tho wiord appelfutia or appesl is used fo got forth th plieation of an fndividunl to a Magietrats, In_otder fo protect Mmeclf from some wrony tjlictid, oF throat— ened (0 bs nfllcted,” This, Lio doclares, wea the moan- ing of the word among {ho auclont Roinuug, ‘The Tight of aprusl rlses oul of pereonnl fojury done to tho appellant by the porson or persons whoso docision 15 appealed froin, Where thut fujury exlate tho right of nppeal i inulienable, Whero mo” injury boa been clono, that right docs not cxist, The right Inkores fn the injury, Accordingly we find the {wo ideus sppe: ing togethier oll wlong i tho hintory of thy Church ; Lt nover separatoly, ubless b somo cor: atul gouicly or of the Ulinrch, whero Justico was confos Jy turned asido from ita {ruo course, "rho nonsu of Justica I overy ago of the Church, with #earcoly an osceplion, i any, hus boen strong enough to sccure for an aconsed ‘or ipjurcd party sdeqiiate protoction of bin intorests und rights, Dut o do ot Aud—unless in tho perlod whero the Inqul- with all it unimaginable horrors, wau regard= ok uis tho pecial glory of ‘tho Chureh—wa do not find & proseentor invosted with & right to puraue & man “goow court to court until ho bl compassed Ly do- THE CHICAGO DAILY TRIBUNE: WEDNESDAY, OCTOBER 21, 1874--TEN PAGES. iractton, Let me cilo yon anthorities toshow that o Ghurety fn genorally vecogniaing ihe Juaice of offering n chinnco of vindication 10 thioas who had been wronged, haa theroby testified o tho gross injustico of bringing tho sanctions and tho sanctitles of aw to tho ald of & proscutor in putting & man in joopardy agnin, and again, and again, for tho samo offoiuse, “ Only {hoy (1, o, tho clorgy) bud livatty to appesl, 8 ali others, In caso of fnjury dona to them.” 8o sayn Dingham, Anfiqully of Chriatian Church, Vol, 1, p 30, “And tiis proviston for tho redreas of griovafces wwas "ordained by tho great Gouncll of ' Nieo, o nita (vl. 1, 1. ) Dinghum, asyn that tha Motcapol. {tana woro required * to hoar the "acousations of tliosn T complained of {njury dons thers BY thols o rhiopr, om Liora was lborty al peal 0 thelr Melropolitan. el bl o BUill agatn, on_p. 72, wo read: “Ifany man i fn- fured, lio 180 bring his catwo * firat hefore I swn Dishop, then before the Motropalltan, after that befors 8 Provincial 8¢nad, and inat of alt beforo the Patriarch, from whoso Judgmont thers Iny no appesl.” In all thoso thstanccs wa liwvo the iilea of tjury done to the appellant sot fortl ag the essentlal and indisputablo argund of the apel, 0 tha eame prirport we read (Gloseler Chnrch Hia- tory, vol. 1, p, 370-80) that the ynod of Sardica (A, D, 347) gave 10 Bishop Jullua of Romo tho right 0 4 A point judges to hear tho appeals,” of whom ¢ Of unnic- gerscil proocontors for hercay? No, bt of' #corie demnied Lfshope,” thnt 16, of persons aggrieved, So also, Milmau (Ltin Ohrlstianity, vol, 1. p. 270) #nyn oarly fn tho fitth contury meu Legan fo'ho driven to Rome, * thoapgrloved for redras v, the opprea- slon, tho turbulont for protection vs, thalegitimnte authority of thalr Dishopa or Metropoillaus.” * No- whero can tho arigit of apyealn be tracod mors clearly a8 arloiug out of the state of the Ghureh.” Hers two caueos aro asslgnol for appeals. Dut whnt el wo tay of ounof tioro7 Wil wuy membee of thia court clnim that £ho right of appeal should be grantod o * the turbulent for protection v, logitimato authiority " Dt thers can ba no othor class of appollants ozcopt “tho aggrioved; » and to this Intlor clas tho Presty= terlan Ctitrch grants tho right of nppeal, but not “1he turbulont,” 1€ wonld soem as if tha abuso of tha right of appeal might bo taken nh o Auro token of (Lo decliuo of tho apintunl lifo of the Ohurch, and of the dominanco oud oppresnvo ozoraise of ocolcspatical pawer, - Accord. ingly we find Mouder making offcctivo o of {his fact in"his portrayal of the Iifo of tho Oburehduring that period which fa perhaps the dsrkeat of her Line fory,—tho twelfth contiry, Mo sayn: “ They (appeals) no longer served the purposs of procuring protoction for thio wenk and oppresaed v, {hio will of the mighty, but much more of sconring for arbltrary power o coit ventent hnndle by which (o thwart tlo xeoution of thio laws and defeal tho ands of justico. Every scntenco however just nnd law!ul, could, by s arblicary appoal on tho part of him whosa sclfish fnteroat it opposed, or whosa wolo object it was to rovengo himsolf on an enemy, ba citior seyersod,or,at liaah, srlously rolard- ad in 1i oxeention,” i ow, let mo bo particnlar to put in hers a diacliimer, and say that I do ot quoto thia passago with sny viow atallof reffecting upon the motives of tho prosecutor in tbis case, T quoto it only for the purposo of showingt thiat you would bo taking dangerous action 1f you nllowed an aypeal 1u thia fnetance, for it woull bo'conferring a privilege in doflauco of law, of prec- edont, of history, aud of justico. TIE SCOTON CHUROM, Tho snofent Scottish Churols took good cars te guard tho right of sppoal, 18 inveated only un injurod party with it. By (ho Ausembly of 1681—ncatly B0 yearn ago, and moro than sixty years bofore tho Westinater Autmbly—it declared thot “appesis sro properly madlo from defnitivo scntonces, but they aro likowiss mado from inlorlocutory sentoaces, Whero ey coniain aiich dawiage o the parly whoroof fo zoparation eca by expoctad from. the dofnilive seatence tut 1 to cnsie,” Lquoto (rom Blowact’s Collostions (p, 291), onold au curious volume published In 1770, Notfiing con bo mote plain than that the provision of tho law of appeal {n the Old Kirk of Scotland, from which I luve just quoted, presumes and intenida that tho appollaut shall Vo only nn Injured ports, “Tho Scotish Jaw, Like our omn, s colered {hronghiout by tho klea of personnl Injury iuflicted na belng thio ground of sppeal, That 1s tho underlying basis of thio right of appeal, *All personn lcsod (datuaged) by tho procedura of renfence of & kirk sesslon misy appeal to tio Presbytery.” #1f, on frial of tho pro- coas, tho Preabytery find tho dcéaion hath unwarranta- Dly procceded in inilicting the sentenco withont a anfl- clent cause, and thoroby tlio appellant lesed (suffer injury), ho Presbylory 18 not only to nasoilzlo (scruity tho oppéllant, but to fike puch ways 89 miay be proper and cticctunt'to vindlcato {ho oppellant's {nnocency. And thero is mich mors in tlis 1aw to the sama offect; but not s word nor n syllablacontrary to what I have uoted, Therocannol be found n clueo ora word that lends any countensuce whatover o tho doctrine that an unsgirioved party, oo unwronged prosscutor, nay pursuo an acquitied dofendant through il the. coria of tho Ohurch fram tho lowest to the highest, And thus provision of tho law is right; it s osson. Holly Junt; the practico of tho Church'in avery aga vindicates tho wisdom and justica of tho law, I mean no refleotion upon tho Mialives or character of Prof, Patton when 1 say that It cannot conduce to the iutercst of Justice, or to tho welfuso of tho Church, elthier as regards tho purlty of hor dootrina ot the apiritunl beatity and fruitfuiness of Ler iifo, that ho ehould loagor o pormitied o bear the oMo of & pross- outor in thin cage, Ie i human, liko tho reat of us, And whero ono hiws cmbarked on a dificnlt and peril- aus undertakingon his own respousibility, taking countel only of i own judgment, ahid per- liapa disregardiug the remonetinnces of fricuds, it s eimply hutinn tht Lo sbould desire to succacd, Just s 8 mnftor of porsonal achiovemont, and quite” apnrt from o considaration of the great interests fuvoivod, though thoro may bo a lucora concetn for theso, If 18 1 Wiko and witiy ssying of Georgo Eilat, that * ono's selt-saticfacton i ye wuiazed kiud of proporty which itis vory uuplessant to find dopreciated,” None of 1a Mo 10 Lo onr opinions discredited. ‘Wo do not like ta abandon any undertaking upon which we entor lieforo wo achiove comnplolo success, Wo nocessarily malo a pereoual mattor of it, Our feclings becomo cnlizled, our passions aro aroised by epposition, and ofton to's degrea of which e arc quite unconscious, *Sentenco fa uscd ouly for tho declyration of judg: ment agalnst one couvicted of o orime."—[Wobbter's Dictionury.} Thiesc considerations ervo to shiow how wiso ia that provision of our layw which requirs that o proscentor vacatea hls ofiice ga a prosceitfar when onco. . verdict af acquital ius Laon entered in fovor of fhe dofeud~ ant, "1t is {n mercy to im, a8 well ns fo Lfs would-be victim, that tho Inw commnnds ihat tho purauit shall cease,' Aud certainly, a4 regurds this painful case, the onds of Instico can bosk bo reachied by removing tho Teview of it a5 cacially a8 possiblo from all per= gounl influences which ovoko partissnship, and fron all pereonal prejudices nnd passions which cloud the Judgment,eud zeader a fole review ani o fnst deciston impossiblo, It wore well to mnko this gxamination wholly fwpersonal. Bo 1t may bo taade. 'Tho orlginsl defendant, poxtly for {ho purpose of obtaining per- sonal relief from n strifo uxcovdingly distastofil. to bim, and partly from n desire to provent, if pousiblo, Burlful sud dangorous asperities of fecling fn the Glaurch, lina wilhirawn sbolutely from: our Jurisdios tlon, " Wo may eay that ho s still tn the Chufelr, and 80 1o miglit say ftf Do wero dead, Bt oo far s oue ability to exerclse ccclosinstial control over him s concerned, ho 13 a8 oifectilly renioved from us as if be wero deud, If hie Lud committed suicido in the faco of this pending prosocution, snd s & meann of avold- ing it, you might declaro tlat nction, wo fav as 1€ con. tempinied an eicape from tho Preabyterian Clurch, was frregular, contumacious, unconatitutional, and, there: foro, null, and you might proceed to try Lim all thio ame n3 If Lo lisd not committed harl-karl, and try him for tho reason_go aften and #o_eloquently insfute ed on by Mr. Baguet, that * discipline must bo maiu. tafned,” It really ‘would it be wiso to_do #0? And 80, nov, 4t 1t better to treat bim s 4f Lo wore no lobiger amenablo (o us? A8 if, ecclealastically, he wera dead o us ? T 1t not Lelter to acknowlodgo that wo have no Juris- dlction over him than o attempt, by some futile exor. clso of the fancy, to tako Jurisdiction, snd proceed fo try him again 2 ' Tho sltémpt 10 do #o, In tho present circumatances of ‘tho caso, would ceviaiuly v the appearauce, before the general publlo, of a design on tho part of & bigh Oliurch judicatory rathor fo de- gradoand disgraco an individual, than to_vindicate tho purity of thy Church, It if not enough that this Dody should bo fréo from all porsonal und improper motives, but they shouid aleo bo careful ta obey fhe spontolibnlunetion und avold eson * te appearance of ovil, 8uch a courae will accredit the Clriatiuw chiar~ acter of thin body befora tho world, aud will relieve it of any usperson upon its motives, It will also, T doubt not, quite a8 effectually mubierve the causo of truth, and the purity and wolfore of the Church, TIE DATNES CASEL Tst antd that * justice must bedore though the heay- chia £all ™2 ‘This I8 exactly thint for which 1 nta pleading, Justice requires that we should have a roverent regard for tho riglits of uticrs,and a determination to proserve them on afl occasions kacrod and fuylolate, Bt Juse tico can nover cousent that a man shoutd bo tiico plicod iu Jeopards for the same offenss, "ITicre in not & lawyer in thin Bynod, nor ont of if, who Yould o fur comprummins - bis profcasional standing s to claln that Prot, Bwivg may Justly bo prosecuted aguin aud for the yory sume pubifo Offensa on which holias onco been prosecuted ‘and honorably acquitted. Lut it {8 gald that the opinfous of Inwyess aud. fhs tsagen of civll caurls cannok bo_ sdmilied ue suihority tu this body 7 Well, then, T beg to refer you ngain (y that decislon of tho Asuerably i tha Barhos caso, tg Whiel T have alreauy called ationtion, Al decilon, i It obvious ittty forbids o plne- {ug of. Prof. Buwing again on trial, ud espacially wince in fuct tho prisoncr hna eacaped. Permit the’ proser cutor, thei, to Withdraw bis appoal, and. Lot fhe churclica kave rest frow this diatracting and desolatiug strifo, Wisely apoko tha Erangelist, in ita nano of Jung 18, whion it said that the continatica of thi process could * aocomplish o deslrablo reault suffie cleut to offset that frritation = which must fnevitably follow the prosecution of the appeal. Thero s work enoughi fo be doms i onr own and other lands to abaorb the undivided s erglos of ull portions of tho Oburch without Laviug them fritterad away In controversial_disousalons, pro- ductive only of allsnations aud divisions.” W de ‘ploved tho opentug of this conflict, and we shall still sioro dgoyly, ecatso Nuayaitingl, deploce 1a cnti anco if you decido that {t must go on. Oue churchea bave had sorrowful proof that ¢! the begin~ hing of strifo ia indeed s when ono lelteth aut water. Alltho moro enrneutly, therefore, dowe pray you o #leayo OIF contention befure it bo meddicd with Aud uow, Mr. Moderator, 1 shall tax your pullence, and tho patienco of this body,but o few momeats moro: I bavo argued, sud, o8 I fhink, Lavo conclu aively proved, that it is by 1o couutensice of law o precedent of justica that tho prosecutor comes liefore you snd atks you to allow him sull furtbor lo puiraue the erglual defendant in this caso, By fu- {enau conyictions hiave bestt wrought Into this argu- ment, I bave sought only (hal which Js orderly, logal, right, aud just, If anybody supposes tliat iavo'boen [aburinit Lo prolact tho Preabytery, whom it 1 my great honor to reprosont, from ncoting all Suut respousibllity for thele action'lie lv groutly mistnien, This Presbytery, sir, aro more than willing to have thetr proceediiigs i this caso Juvesiiguted, 'Thoy de- sdro tuat the Byniod shull make the fullest inquiry luto thiolr actionw, - And I am_profounly; conviuced that, aatho conust of thix iy by tha sy of ganer roviow aud control s noiw the only legal way n which it can Tio carricd on, 80 {t 4 tho best way. Everythiug can o accomplished by thin method whicl eau bo roasonubly dorlred, Aud, oven if this wore not {10 cado, thora 1s 1o Lelp ‘Tor it now, oxcopt by (b rovolutibusry uid dostructlye romedy'of sotiing ‘sside thie Jaw and lirecodents applicablo to tho case, If we isyo dosio uyBlug in au Ieseglne or disorderly nin ncr, o8 4 wo havo othorwiso conducted ourselves uu- Decomingly, o If wa Lnve glven & decisfon contrary 10 trath and rightoonenoes, you can readily ascertain thess things by gencral roviow, and, }f_you find them, 1t will bo your prerogntive to robuke us, And Lere may sny, air, tht Jf yon do robuko g, wn shall loyally submit,’ Wo have dono our duly, as wo undorstood it, In ‘tho foar of God, snd’ s we aball an- t0 Mim. Henco & consure, If it ia visitod upon s, wiil bo fuflicted hecatiss wo hava dons whiat wo understood £0 o onr duty, and thoreforo it will not b likely to 1ake any soro places in our hesrta, TI¥. AENTENCF. IRREVERRIDLE, Thers Is, I preatume, 1o occaslon for desiring the jower to raverao tho Judgment of tho Presbytory, even rf that pawer could now be secured in any legal man. ner, o revorsc that Judgniont can novor, 1 take it, b dono by suy judicaiory of the Church, O grounds flfe\"lltm‘e‘ 10 Powor on earth can over rovorse that verdict, Hliher Prof, Swing Is an orthodox man in & #enco #o true and full a8 to give him a complota titlo to & place In the Ohureh, or clao hoiaa Nar, ‘Thin s the plain and unavoldablo aliernativ; and between theso two unmfil overy man muat chioose, If ho {8 adjndged to bn ortliodos, tho party o fudging obvioualy cantiot condemn him, 1€ ho {s adjndged to bo a liur, ovon {lieu be canmot b condomeed an this fndictment, bo- oattse this viaw assumes that thera aro atatoments {n his publinied writings which mako hin avowal boforo tho Prosbytery of an ovangolioal creod folac, or olsn tho avowed creed makes the atatements in the publish. od writings falae, Now nomau can Judgo betwoen theas alleged cantradictions, Only Omniscionco can tell whioh ongof theno two clanses of avowsls—tho alloged horob feal or the allegod orthodox onc—reflcetahia true soutl monts, Detween tieao o, and, aa 1t 1a claimed, con~ tradiolory ublerancos, cloatly no proaf of Lioresy can bo mado ot aud. 'in (ho "Presbylorian Church, it won't do {o condemn a man without clear snd uumintakablo proof of quilt. IHeuco, for .thia reason, to mention no olbers, 1 do not supposs that tho power o roverse tho decision of tho Fresbylery cau ba deslred by auy reasonablo persons, All thit will bo desirod by anch persous will be the opportunily to have froo, falr, and fraternsl cxsmination of the cass, with 8 viow to'n wiso trostmont and just sottis- ment of it. This is what the Presbytory of Chicago dealros, A spirit of cousiderate kindness, and a contin- unl oxotciae of that * charity which hinketh no oril," willfind a way out of il encompaseing perploxiticn, and socuro & happy deliveranca from all threatening perlls, 1tina thas for .modoration, for eslm dolib- aration, for Christinn forbearance, bit not for judicial processes and judiclal rigor, Drethren of the Bynod, if any of yon have come to thin city thinking that wo aro enomicy of the trnth and of tho Church, wo assure you that wo are friends, loving tho mame chnrch which you claim to love, and loving i, §f not an * wisely,” yet ot leastss * woll,” Wo shall be ablo to show you, if you wiil Lelievo us, that, If you ure lebrows, 50 aro %6 {f you are Tarack ne-,l-o are wo § If you are the sccd of Abralam, %o are 0 dlso, ™ Ehunking you for your patient attentlon, T now sak that ou will adopt - the minority report now beforo you, and thoreby dismiss this appeal. ; TROF, PATTON. Prof. Patton occupied an honr {n nusworing Mr, Noyes, claiming that he was an aggrieved party, and thereforo had the right to appesl, and quoting from ecclosinstical law-books to substantinto hls assortions, Tho Synod then took a recess until half-past 2 o'elock. AFTERNOON BESSION, Tho Moderator called tho Bynod to order at the appointed hour, MR. TROWDRIDO #aid that Mr. Patton’s argument Iacked the sle- mont of strongth. In his opinion, thero was nothing valid to sustain the appeal. Mr. Mooroe considored that ouough time had been wasted 1n debate, and moved the previous quostion, which provailed, Tho majority report of the Judicial Committoo was thon adopted. : It was moved to appoint a committeo to bring in the finding of tho Court, with its rensons, or o minute upon the subjeot of complaint, A CALL FOR BESOLUTIONS, MMr. Orawford asked whether some ono had not resolutions to offer on the subject., The Moderator suggested that any one having & resolution on hand bad botter report to the Committeo, which Lo would appoint ss followa : Tho Rev. Mossrs. Findloy, Gunn,and Dixon, sud Eldera Williams and McKintry. ‘THE RECOTDS. The following report was then presented by Bir. Crawford : “The Committes on the Rocords of the Prosbytery of Qbeago leg leave to recoramend tho following resolu- on ; 4 Recolred, That the Tecords of the Presbytery of Ghicago Lo approved, it belug understood that “the Synod hicre expresscs no_ opiuion concerniug tho ac tion of the Prosbytory referred to in fhie casos of o peal aud complaint, inssmuch as it has beon rogulacly hmgsht before the Synod by the Judiclal Comanit- tee, ‘THE MINORITY REPONT. Mr, Gunn thon submitted the minority report, as subjoined : i Tho majority roport {s agreed in, with the exception (1) that tho Chicago Presbytery, hiaving wurned the Ninth Chureh of Chicago to_divcontinus the sorvices of tho Itov, Dr, MoKulg, April 14, 1874, who, according to the oxprosscd judgmont of that’ Presbytery, as reached - sentimonts fu palpablo confict Wit tho undamontal doctrine of plenary fuspiration,” Lave yet permitted sald clizch {o contintio bit services for over six mouths, and have been derolict in duty in not re- quiring spsudy obadionce to thelrmandato of Aprli 14, or in not proceading to dissolvo said chureh, Theo reports wero productive of somo dobate, in tho course of which it wus sald that there had boen an overstopplg of their duty on the part of tho Comumitteos. A motion was mado to atriko tho resolution from tho majority roport, but it did not prevail, Tho two reports wero then accopted, snd a motion to adopt was made, which produced anotber deboto in which some of the members donounced the conduct of Dr. McKaig in some- what barsh language. Tho Presbytery was also consured for allowing his retention as a min- ister. The Prosbytery found a defender in THE REV, 3R, KITIREDGE, who remarked that they had boen ocenpied by the groay trisl, and had had no time to attend to attend to other mattors. A committoo was even now investigating the matter, at-the auggestion of the Presbytery. Ho hoped the Bynod would bave confidence in the Presbytery. Mr. J. E. Moffat moved to commlt the reports with lvatructionn to bring in a minute urging continued effort to gottle the matter. . Tuo Rov. Mr. Crawford warmly defended the mnjority report, aud said that, as an indivldual member of the Committee, he would not bring in a report nuder such instractions, Tho Socretary (Mr, Bmith) thought that the Committoo had oxcesdod their duty, and wished to have the roport amended. ‘Theminority report, on motion, was laid on the tablo, ‘The majority roport waa adopted. ERASING PROF. BWING'S NAME, The Judiclal Committeo thon presented tho following roport : Your Commiltco appointed to bring in » minute in Teforence to the cownplaint sgoinst the action of the Chilcago Prosbylery for orasing tho name of David Swlng from tho roll, bog leavo to presoat the following report: o ‘complatut against the Prestytery of Ghleago for tuelr action in erasing the name of the Rav, David Bwing from the roll of membarship in siid Drese bylory while charges wero pending sgalust him hay. in tained by tha Bynod ; thorefore, oeaniced, Tuat the following final action be taken : “ Wieneas, 8sd Duvid Bwing Lios withdrawn from the Presbyterian Church, and declared himself iude- peudeut of Its jurisdiotion ; and *¢ Wieneas, The Presbytery has sanctioned the same by erasing his name from its roll of member- ahip ; thereforo, o Jresolved, /lrat, That it Is the Judgment of this Syn- od that the action of the l’rubylur}' In this case was ‘unconetitutionsl, wrong, aud therefore censurable, “ Jlesolved, second, ‘That whereas the said David Swin Lias, by his own voluntary act, pus bimacif ont #ido of the Presbyterian Ohnreli, therefore we concedo the same an a finiehed fact, but declars that thi in not 10 1o conatrued 8o a8 to wvalldate or affect the appeal case or provent its prorecution beforo this body: ‘Al of which {a respectfully submitted, PROFUBED AMENDMENTS, The Rev, Mr. Smith moved to amend the re- port eoas to insert in tho first resolution the words *““null and vold " in placo of ** consnrablo,” .and In the sccond, that the Chicago Presbytery b enjoined by the 8ynod to rostore the namo of the Itev. David Bwing to the roll of memborship, Mr. Noyos remarked that it would be absurd to deolara’ the action af the Presbytery null and void. If thotwero go, there would bo no occa~ slon whatover for the amendoient to the second resolution. The Iattor onght to be left une changed, Hoveral othor gentlemon oxpressed thewmsolves In lauguage somowhas pimilar, and & kind of desultory talk was bad all around. ‘Tho report was finally adopted as amended by the motion of tho Rov, Mr. Bmith, A DELIOATE FOINT, ‘The Moderator sald that the noxt business in ordor would bo the hearing of the appoal, It wnssfiuuuflan with many whether Mr, Bwing's nanio had to ho restorsd in order that they might bo able to procaed, BIr, Walker requosted some advice for tho nutltm of tho Prosbytory undor the amended re- port, ‘Tho Modorator romarked that ths Chicago Pmul(xlylery should interpret the action of the Bynod accordiug to their understanding, {Laughter.] INFOIMING PRO¥, BWING, Alr. Orawford moved that rof, Rwing be in- formed by tho Olork that the action of tho Prosbytery drapping his nams from momborslip wag declared null und void, whioh: was carried, Prot. Pntton_suggeated the nostponement of tho trial until Prof, Bwing could be present. A motion to thab effect was carried, aud the Synod adjourned untl 0 o'clock this moming, CARD FRUM MR. NOYES, 3 o the Editor of The Ohleago Tribune y 8m: Tho present.number of Tux Trinone will put beforo its readers & report- of the proe ceedings of the Synod of Iilinols North to-day, From that roport it will bo soon thab tho. quas- tion of Prof, Patton's right to appoal waa dlu- cunsed somowhnt at longth by him and by my- solf, Boon aftor Prof, Patton had roplied to my argumont, one of his supporters moved tho provions quoation; which was put and ocarried, thus cutting off all forthor debate, This progipitate nction. makes It nocessary for mo to correct, ‘through the pross, a very ntrango overaight of Prof, Pattan's in the quo- totiond which hio,made from tho ' Compendi~ ence of the Lawsof tho Boottish Ghureh,” In his roply to mo ho. accusod me of disin. onotencss in not: quoting: from this volume f(rom which I had previously quoted) & passage which aeomed Lo uso tho word seitlence in o sonso difforont from that .which I had assigned to it, and in o sonso contessedly different from that which it has in.our Book of Disclpline. It waa enough for mo that I nsed the word as signifying that which our own Chuecl: law makos it to moan. But now Prof. Patton quoted from these lawn of tha Scottish Church. Ho guoted from thom {0 provo that tho decleion of the Chicago Pres- bytery In the Swing cnso had, ipso facto, made him a slanderer, and* this, notwithatanding the act that our own ‘law oxpressly provides that ho cannot bo declated _a ' slanderer cxcogt by formal vote of the Presbytery. No auch voto was passed. Ience, to’ prove himself a alandeter, aud therofore aggrioved, and thoro- fore ontitled to ‘W.enl, ho quoted from tho Acottish law. - st did he quote, sud how much? Hero it it: *Mattors may fall under cognition of Cliurch fudlclturlc! soveral ways, as first: By accusation whore a party formally appeareth as an acousor and is content inacribere crimen, that s, to bind bimself to un- derlio the same censurs (bo not proving tho no- ousatton) which the defonder would havo merit- ed had tho libel boen proven.” . % And Tloro Irof, Patton stopped. The vory next sontence, found upon tho ssme Elg! of the book (897), ho omitted to road, Imake the quo- tation from the very samo cng{ from which he road, It isthis: *If upon trial thore be found any presumptions of gnilt, or 'if it appoar that thora was 8 fama clamosa (common famo) for what is liboled, tho putsuor in that caso dught not fo be repule asa calumnious accuser, even though ho succumb to his probation,”, This language is oven more strong than that of our own law, nnd it completely rofutes Prof. Patton’s argument. The public will cortainly nagroo with mo that it was a strange ovorsight on tho part of tho prosccutor that ho did not soa this sentonco, Gzo. C, Noves, Qigaao, Oct, 20, 1874 ——— THE EPISCOPALIANS, Special Dispatch to The Chicago Trioune, TTIOCEEDINGS IN TI(E GENERAL CONVENTION. Nrw Yorx, Oct. 20,—The discueslon in the Episcupal Convention over tha confirmation of tho Bishop-olect of Illinols has now ocouplod noarly & weok. Considerablo busincss wascrowd- edinto a short open session. A long “necrologi- cal report waa read, and a proposed amendment to tho canons rolating to Bishops who nbandoned the communion of tho Church was submitted. Aletter from tho Archbishop of Canterbury was preaented in roforonco to tho alms-Basin which was prosented to him at the General Con- vention of 1871, ; The socrot session began at noon, snd mombers of tho House of Delogates engaged in the discnssion Y of the confirmation of Dr. Noymour. " It was undoratood that tho clergy had exhausted alt their argument, and the priucipal sposkors wore Iaymen, who, from the londness of their tonos, ovidently spoke in an oxcited manner. An attempt was mado fo closo tho debate by 6 o'clock, nnd to tsko tho vote at noon to-morrow, * but the effort ovidontly failed, a8 the secrot sossion will bo rosumed. It is, however, underatood that the vote will bo taken to-morrow afternoon, and, shonld that be the cnso, busiueas will bo rosumed on LChursday with open doors, 3 [To the Associaled Press,) New Yonrg, Oct. 20.—Tuo Genoral Pratestant Episcopal Convention continued its session to- dny. y OPEN BESSION. Aftor mnrnh:g prayer, at tho suggestian of the Chairman, the Convention resolved to sit in onen seasion till noon, Lo clear off acoumulnted busi- ness. Tho Rev. Mr. Burgwine, of the Committca on Canons, moved, nnd it was edopted, that the standing order roported by them for reorganizing tho Ifouso be committed to them, THE NIGENE GREED, Tho Rov. Dr. Boardsloy, of tho Gommittes on Prayer-Book, to whom ias roforred sundry memorials from the Diocesos of Alabama, Albany, Arkanens, Connccticut, Eastorn Mlssissippt, Pittsburg, Toxus, Vormont, and Wisconsin, all in nearly tho samo laugunge, and petitioning this body to take such measuros as in their wis- down thoy may deom proper towards securing for tho use 1a divine worship an English vorsion of the croed, commonly called Nicene, as conform- ablo a8 may bo to the original toxt, roported un- favorably to the memorialists. ‘The Committoo say tho reasons assigned for the new transln- tion ravolve in o cirolo about tho filioque, It is truo these words were not in tho Catholic creed of the Ecumentcal Oouncil of Constantinople, but sinco they have becn so long used by the Western Church and inoxplicable in zn or- thcdox 3enae, it would not become the body to enter upon mensares for rovisiug the crecd with & view of striking thom out, or of securing an English vergion a8 conformable as may bo to the original toxt, until it can be done in conjunotion with the churches in communion with the samo, and with this church, The Committee, thore- fore, respoctfully submit for adoption the follow- ing resolution ; MKenlved, That the Church ought not to enter upon any considerstion of a proposition to revise the Niceno creed until it can be dono in a united council of all thoso atitonomous churches using the Euglish rite and It communfon with this church and the Church of Eugland, DECEASED MEDERS. The Rev. Dr. Burgess, of Massachusetts, from tho Commistee on AMomorinle of Decensed Mem- bers, submitted a long report, lumenting the donth of the Rov. Charles B. Dana, D. D., of Missiesippi; Maj. Josiah Lunt, of Missonri; Poter W. Gray, of Toxas; the Rev. F, Brooks, of Obio; the Rev. Dr, Abner Jackson, of Cou- necticut; John Duncan, of Mineissippt; Georgo Aundorson Gordon, of Alabama; the Itev. N. . Taylor Rgot, of Maino; Williara T, Rond, of Dol- awaro; Thomas R. Johmston, LL, D., of New York: Richard D, Mooro, M. of Georgin; the Rov. Franciy H, S8ansom, of Alabama; the Rev. Bumunel B, Babeock, of fi[assnchnunt!u; and the Rev, Richard Sharpe Mason, of North Caro- lina, Tho Commitico recommended, the adop- tion by the House of auitable resolutions ox- pressing their profound regret at tho loss thoy Liad sustained, The report of the Commitiee was reforred back to the Committes, ns being incomplote, NEW DIOCESE, Mr, Fairbanks, of Tennossce, offered the fol- lowing memorial : - That the proviso contained in Art. § of the Con- stitution, whatever may be ity value in refercuce to older and stronger dfocescs, must neceavarily operate g an absoluto prohibition of the eraction of now dio- ceacs in thoso parts of tho United States where the growth of the church Is retarded by tho great cxtent,, of territory and the spareences of {lia popilatton, rens dering due Eplscopal oversight always ditticult, sud to a cousiderable dogres impractible, and whero tho work 18 altogothier of a misslonary character, Your memo- zinlistw, thorefore, would respectfully urge upon the General Couventlon of the Clurch nn aticndment of Arl, 5, by the omission of tho following worda: “And snch consent shall not bo given by the General Convontion until it has satisfactory assuranco of suit- ablo provision for the support of an opiscopate in the coutompluted new diocese,” Placod on tho calendar, STANDING COMMITTERS, ‘The Committeo on Canons rocolmended oon- eurrenco by tho IHouso In the amendmont to Bee, 7, Cunon 18, Title 1, relating to standiny Committoes In miskionary jurisaictions ag pro- osod by message from tho House of DBishops, 'he roport was placed on tho oalendar. DIVISION ON DIOUESES, A mossago from the IHowuse of Bishops was read, concurriug with the Ifouso of Doputios in the division of "tho Diocenes of Ohio aud Allohi- gan, BMIBSIONARY TERDITORY. ‘The Rav, Dy, Hall, of Long Island, on bebalf of the Committeo on Amendments to the Con- |, atitntion, to whom was reforred a rosolution di- recting them to cousider whother any Coustitu~ tional” smondmants were nocossury to empower & Guneral Convention of Lhis Churoh to sot off & missfonary torritory from the bounds of a dio- cose at tha request of said dloceso, roported that thore was uo provivion whatever in regard to miselons in the Constltution of tho Church, DISUOP SEYAIOUR, » ‘The Iouso went into scerot sesslon. It was stated whon the recess was taken for lunch that a conclusion would be arrived at to-morvow in tho caso of Bishop-elect Beymour, 'The sessiona will be open to tho publie from that tme, It is understood that the voto will be taken in scavat. MKASAGFS FROM TIE HODSN O DIAHODS, At tho aftornoon sosslon the following mes- 83gos wore racoived from tho Honso of Biuhops : Dosago o, 27. Resolved, Tho Havtao of Ulorical and Lay Depnties con- outring, tbat Canon 10, Titls 1, be smarided as follows by addlog (he following 1 Br0, 9, Dishops, priosts, And deacone, tn their re. fpoctire offices s curen, ahnll bo' dihgent 'in tho-_inculeation, both publicly aud in privats, of pastoral teachiug for Ohrlstion ot holi: nees of ife by fhe due maintonance of family worahip, the religions tralning of ehfldren, in tlio obsarvance of baptismal vows, in mich abstinonce {from gaming and amugoments, {nvolving cruelty to tha brite creations, thestrleal represcntations and light tnd valn srausements jending to willraw aieo. ion frown apiritual things, &8 fs rogu ¥ the spos- tallo fa3unckion nok 1o b Sonforaiod to this word {Mesnage 26, The Haues of Blshops gives its coneent to o conae cratlon of the Rev, £, R, Wolles an Dishiop of Wicon- ln, and has requested the preaiding Dishop to lake order for the samo, Theas wore placed on the calendar, The following message was also recelved, snd roforrad to the Committes on Canans ABANDONMEST 0F COMMUNIO: [Muuufc N.l Resoleed, The Houee of Clorical aud Lay Depaties congtirring, that Uanon 8, of Title 2, ba amended to read a8 follown : Canon 8, of ndandonment of the com- mnion, af the Church, of Diahops,' 1t any Diahop shll, without avalling himself of tlie prorisions of 8ge, 9, of Canon 14, Title 1, abandon tho_communton of {his Ohurch, it shall e {le duly of the Standing Committos of the dioccao of said Biahop to mako cor-~ titleate of tho factto tie presiding Bishop, togather witha atatement of the facta or dcclurat ons which prove such abandonment,which cortifieaten shall bo recorded by tho prealding Bixhope, and tho prosiding Bishop, with the consent of three Bishops mext n senfority, shull then suspend sald Bishop from the oxerciss o his ofico and miniatry, uniil stch {imo as the Honso of Tiishops ehnll cannent, or refuse fa consent, to his depasition, Notice aliall’ then bo given Lo said Bistiop by tho Bishiop recelving tho certificato that, uiless o shall, within six monts, make dochration that tho facta alleged in mild_cerifficato sra falso, o will ho de- poved from the ministry, and if such declaration be not mode within six months, na sforessld, it shall be the duty of the presiding Blshop to conveno the Housc of Bishops. snd if o majority of the whole miumbor of Dishopa entitled at tho time to seata in_the 1ouno of Blshops shall, at such moeling, glvo thelr consont, sald presiding Dishop or senior Bishap, prea- ont, sall proceed to deposs from the minlstry the Bishop wo certitied as abandoniug, sud pronounca snd record In the prosouve of two or moro Lishops that bo has_boen wo deponed ; provided, novertheloss that i the Dishop £o certified 28 abandoning shall transmit t0 the prealding Bishop o retraction of the acta or des. larationa constituting his affense, tie Dlshop may, at his discretion, abstain from auy farthor proccedings. It was stated by movoral dolegates that tho question on tho confirmation of Bishop Boymour would bo put to a vote to-morrow aftornoon, and the nfnaxonu thoncoforward will bo conduoted openly. e MISCELLANEQOUS. KATIONAL GEBMAN LUTHERAN 8YNOD, Speetal Dispatch to The Clitcaao Tridune, Fort WAYNE, Ind,, Oot. 20.—In thie National Gorman Evangolical Lutheran Synod to-day it was rosolved, by a vota of 117 to_20, to remove tho Practical S8ominary from 8t. Louis to Bpring- tield. The appointment of Prof. Stellhorn fn Concordin Collego was confirmad, and salsries of the Diroctors increased to $1,200 por anyum, THE COURTS, Record of Business Tranancted Yesters day, DAVID A, GAQE. Qorporation Counsel Dickey yestorday filed n bill on behalf of tho city againat David A, Gago and his wife to forocloso the truat deed given by Goge to Goorge Toylor in trust for tho city, to sooure 507,704, the amount of his dofault when City Troasurer. Tho land embraced in tho deod has already bosn repestedly describod, and ja well known. Dofoult has boon mads in the pay- mont of tho amount as promised. A PAITILESH ¥IMEND, Hazen Choney filed a bill in the Cireuit Conrt against Joseph Whito, W. H. Bwott, Elizabetl B. Bush, and H, T, Hammond, to rodesm & picce of property 231 fect front on Nineteonth stroot by 90 feot on Blackwoll streot. GChency statos thiat, somo timo in 1857, hio was tho hsppy possesgor of thislot. About that time, Joseph White, an old acquaintance and chum in col- logo, wroto him, stating that he had sbout 8,600 ho wished to inveat in somo Chi- cogo land. Chenmoy replied that - he would moll ove-lalf of s lobt for just that prico, and Whito honght it, In 1850, White’s confidence in the futurc greatness of Chicago bocamo suddenly shaken, and he wrote to the complainaut that ho fearod he would nover get his monoy back. To Cheney, howevor, the future of the Gardon City appeared over glorious, and ho told Whito that 8o suro was ho of tho value of the laud that he would deed his own half to securo his $3,600. ‘Ihis was kindly accopted, and \White's confilenco was recon- firmed. ~ Yoars passed along, wntil 1864, whon ~Chenoy became ombarrassed, and desired to = sell the laud, but was dissunded from his purposo by White, who now beeamo tho comforter, and edvised him to bold on, an the propertyswounld doubtless incroase in value, In 1870 Chenoy again desired to scll, but Whito was not willing, . The complainant saya that on these and many otbor occasions White has acknowledged that ho only held the titlo to one-half the land in trust. 1n Soptem- ber Inst, to mako a long story short, Cheney camo heto to soo about the land, but was aston- ished to find that it hiad boon sold m 1872 to W, H. Swett, of the firm of Swett & Crouch, who Liad proviously had n lonso of the promiscs. Ho immediatol; started for Doston,. whore Whito lived, to know the reason why the de- fendant professed that he had done no wrong intentionally, and would muko matters right, which, however, he hus novor done. Complainant claims that Whita kas roceived a large sum from ronts, that tho property has largely incroased in value, and I8 now worth 812,000 or 815,000, that Bwett, who bought it for §9,600, hnd knowledge of the facts, and that Whito only held the titlo {n trust. Complainant therofore usks that it inay o roconvoyed to him on payment of tho amount actually due for taxes sud intorost. + BAM ASHTON AND RIS LITTLE BUIT. Althiough Nr. S8pmuel Ashton began a suit nfiuluut tho Tintes somno months ago, the mental shock of the iujurics done him, or tho physical task of drawing Lis declaration,—for he went on tho economical Hlm ot doing his own work,— has caused a delay until the present time in presonting a statemont of his grievances to the ublic, Ho claima that until the 0th of 3ay, fm, his goneral reputation for truth an vorncity was good—at which time the defendant, Y. T, Storoy, published somo artioles advising the publio to * Bewars of Bam,” calling him an “locorrigible oftico-baggar,” *‘a scamp,” *'a man who is on the make,” end ‘s lawyer of inforior grade," and a * man of inferior mor- als.” For thoso and many other liko assortions, Aunshton claims that he has suffored damages to tho amount of at least §100,000. Fifteou counts covoring 130 pages are employed in describing the enormity of the defendent's offonses, DIvONORS, Anna Holbein complains that her husbend, Houry Holbein, ia in the hobit of * Lsvoming beantly and inssnely drunk,” but that nevorthe less ho is pousesdod of abont 15,000 in lauds and chattels. Hisdrunkenncas sho cannot longer ondure; his woalth she would not willingly re~ linquish ; and sho therofore nska that sho moy bo rid of the former, and yet allowed to retain somo of the lattor, . Annio Baggs filed & bill agalust Jamos Baggs for o divorce. UNITED STATES COURTS, Ezra White tiled a bill against Charles 0, P. Holdon, E. B. Sherman, Iarrist- G. Sherman, Barah J, Hoidon, Sumuel Colo, and the Come morcial Natloual Dank of Qhicago, to forecloso & mortgago for 830,000 on Lot 14, and a strip of Innd 12 5-0 foot wide of the wost side of Lot 18, in B, R, Rogors' Bubdivision of original Loty 1and 2 of Blook 5, in Duncan's Addition. Also, tho wholo of Block 1 in the Canal ‘L'rustocs’ Subdivision of the W. 3¢ and tho W. 24 of the N. . 3¢ of Soo, 17, 80, 14 PANKRUPTOY ITEMS, Q. W. Campbell was appoluted Provisional Asnignoe of tho estato of Jacob Eberhardt, Iu the matter of R, W. Dyball, the'ordor of nnlo of tho bunkrupt's proporty for £1,600 way contirmed, * KUPERIOR COURT IN WRIEP, Tho Firat National Bank commoncod a muit for #6,000 againat 8, J, Walker, The Firs National Bank of Ean Olaire also ‘bogan & suit for §15,000 against the samo party. F. W. Foos begau » suit against Emily It Gurd and B, J, Gard, olaiming 25,000, Bpruanco, Proston & Co, sued J. W, Bykes for 1,000, William Hafuer brought suit for 2,600 agalust the Glerman-American Bank of Chicaga, RAay Mulke commonced o sult in trespass 6t tho Town of Luko, laying damagos at sga 0,000, CIRCUIT COURT, - Chatles I, Reed, Btato's Attorney, flled an in- formation to cutablish tho reoord of the plat of Ketttentring's Addition to Harlem, being & plat of tho northern part of the N, W. J{ of Bec. 7, 89, 18, . THE COUNTY UOURT. Graut of guardianship -was issued to John Keefe, under an approved bond of £3,000, as gnnrdhm of Katle Connors, » tho will of I'rapz Collopt was provon, and let~ tara tontamentary fooued to Caroline Collnot, under an approved bond af 26,000, A, L. Bwoot was appoluted guardisn of James Maroney et al, miuorn, undor an approved ‘bond of 83,000, L] 1In the mattor of tho estato of Dennis Traony, hia will woa B"“V‘"‘e aud loteers tostnmentary o~ snod to M. G, O'Connor, under an approved boud of $18,800, Joliauna Ortlopp was appointed admiulstras trix of the eutate of Honry Ortlopp, under an ap- proved bond of 10,000, Adminiatralion wan issuad to Josoph Bohacok an administrator of tho estato of Frank Beraum, under an lpvruvell bond of #1,600. In tho matler of tho outate of RufMlo Cay roni, administeation lraucd to Mary Capronl, \mgor an lp{nroud hond of 26,000, "o elaimy of John Olnrk for 81,042,438, nud William O, Cole for8986.47, sgainat Lho ostate of Ldward P, Branglinl, wors nliowad, In tho mnttor of tha catato of Conrnd Housla ot al, minors, accounts approved and loave to goll porsonal proporty at private sale, Grant of guardinnship was ixaued to Charlos M. Gampholl, a8 guardian of Charlotto O, Lake, under an approved bond of $2,000, Tuoax Munenv—1i6 to. 117, 1t 2, Y —] 12550128, 100 to 10g, ' L0 110 124 122, 125, Jupox JAMESON—111 to 182, oxcopt 112 and Jupaz: Rookss—100 10 125, * Jupor Boorit—171 to 100, Joua Tnee—8L (o 104, oxcopt 82, 87, 00, 03, 98, 97, 103, JUDGMEXTA, Sursnton _Oount—Coni Na—A. Loch & Drothera ve, James Maloney, $320,35, —James Forayttie & o, va, John and Jacob Ragor, $740.60, Juvos Munpiy—Swift’s Iron and Bteel Works va, T, K, Holden, $110,40,—F. Rucuor et at, va, Aswald Kubitachky, $420.85.—A. L, Hale et al. vs, M, D, Brown, $977.63,—H, 13, Barclay ot al, vs, A, G, and 0. F, Badger and W. W, filton, $5,350.60.—T. £, Mann ctal, va, Willlam and Richard Baxter, $169,39, 38, A. D, Hehaedel, $105,60.—F. Whalen Niohof and G. Troost, $750.45,—F, II, Lt ‘A,‘ Drowa ;. Verdlot, '$198.44,"and rial, Jupax GAny—John Milton et sl v, A, O. Badger, $15,076,—Jucob Kelley etol, va, Isaao R, Van Slyke, JUBAE TAMERON—Alonzo Elwoll vu. Ambross Fa vordiet, $160, and motion for now trlal, CimoinT Courr—Jupne: Boorii—Josoph Hehlemitz- aner vn, Allce Dupont ; verdict, $03, and motion for now trial.—Philip Kruft et ol, va. Moritz Woyh 3 ver- dict, $02.~George V. Lincolu va, J, Sherman Hall snd W. d, Poj udgment for $003.69 roatored,~8amual P.Tanch ve, ¥rank Leach and James Nottingham verdict, $463.09, Jupak: Rougns—Poter Jounaon va, A. G, Webster ol W, V. Perkins § vordict, $08.43, and motion far new trial, BUPREME COURT OF ILLINOIB, NORTHERN ORAND DIVIBION. OtTAWA, IIL, Oct. 20.—Tho Supreme Court mot pursuant o adjournmont, with all the Judges present, - Sameo . O, L, # MOTIONS DECIDED. 410, Stewart Nicl vs, Don Alonzs Cummings ; appent from Livingston, Motion by appellco for 6Xensiog ot Himo to o briofa; motion allowed, i 417, Henry Saltamun v8. O, T, Disscll ot al,; appeal from Livingeton. Same motion; moton atlowed. 716, Groy ot al, va. Morey ; arao. 60, Motion allowed, and cawo continued st tho cost of the appellant, 004, The Ieorla, Pekin & Jacksonville Raflroad Come pany vs, Willlam G, IL Barton ; sppeal from Peoria, it ey ® John Witk ! , Henry Krueo va, John Wilsan; uppeal from Peorfa, _Samo order, 202, Nelton K, Farnbam ve, Helen M, Farnham ; appesl from Superior Conrt of Cook, Motjon by (ue appellant for tims fa fila sddittonal Fecords, Nation denied—comes too late. 203, Willlam 13, Jisycs et sl, va, Willlam Parmnles 3 appel from Superior Court of Coolt, Motlon to set ualde tho order to dismisa {ho appeal, and fof leaye o tilo abetracts and brisfs, Bame order, “’E.l J‘uhn K&“Kfc:’hl‘l"‘ N’nf"“:]kl(i Pl. Wilder otat, ; appeal from Uook. Time oxtended twanty days for appeliant to file briefs and amend rocord > 218, Motlon donled. 505! Ton daya’ additional time allowed appelice to file Lriefs, 460, Time oxtended to the 28th fust, to flle brifs, 10, Cllcsgo, Burlington & Quincy Rallroad Com- pauy ve, Johu C, Clamberlain ctal, ; sppeal from Cook. Order of submission got aside, and time ex- fenaed ten daya for appelico to reply, 420, 0 tiou nliowed, and leave given to file briefs, =377, Judgment reversed und cause remanded by re- Tiaest of partiea, 91, Motion for Auperscdess averrnled and decision reserved to fhusl hearing of the causo, i } Tlme exlended five days for appellos to flo e 279, 8ame order, 394, Cause stricken f1 m the docket. 720, Howell vs, Gootliich. Thia was a case tried in 1874, and reversod and not remanded, This I8 & mo- ton to remand, We thiuk tho judgment in the Jna~ tce's Qourt Is conclusive, and we therefora refuse to remand the ca * LiorNsEe will bo grauted to John J. Jones, Charlea Fowler, snd John W, Joncs to practice law in this State, OALL OF TOK DOCKET, 021, John F, Bailey et al, va, Horatlo Eefmnllr etal; appeal from Buperior Cook, Takeu on call, 22, L, O, P, Freer va. John ¥, Batloy ct al,, Assign- 8 ; appeal from Buperior Coolf, Same, 639, Goorge W, Gugo ve, Mechnnics' Natlonul Bank of Ohieago; appeal from Co 624, Ambrose Trumbro va, peal from La Salle. Bame, 25, John Coldwell ve. Ruth W, Trower} appoal from LaSalle, Same, 828, Vers Batos King ot al. vs, John T, Avery obal.; appeal from Buperior Court of Cook. Banio, 627, William 3L Sturges vu, Tho First National Dank of Chicago; appeal from Superior Court of | Caok, Samo, 3 628, J, & W, Graveson 'va, Oharles Toboy ot al,; error to Cook. Hame. 629, John Guchrano ve, Jans E. Tutlle; orror to Cook, Same, 630, Jomes Prait ot al, va, Horatlo Slone; sppeal from Cook, Same, 637, Continued, Reficaring dackot—Nos, 2, 5, 7, 13, 27, 2, 30, 95, Taken oncall, No. 12. Passed, and stands on motion, 89, Oral aygument by Kalea and Hebert for ape pellant, and Windett und Goudy, Special Diapateh to Lhe Chreago Trivune, Orrawy, Iil, I, Oct. 20—In case No, 504, tho Qity of Chicago va, Washinglon IHesing, Ad~ miniatrator, tho~ Court, b{ Judge MecAllistor, mado & ruling to-day atriking the caso from the docket, on tho ground = that % pesl-boud had been flled. Mr. Tran- cis Adams, on bolmlf of the city, Lias this evoning sued out a writ of error to re- vorso the ]ndfimont, and to-morcrow a motion will be made by him to transfor the record, abstract, and briefa'to tho canse in crror, aud that tho wirlt of error bo made a supersedeas. ‘I'ho case ~which i one arising from personal injurios— is spocially tho business of City-Attorney Jamieson. e, Tho Poople, ote, § ap- uo _ ap- P LAKE ZURICH, Laxe Zuuiom, Oct, 16, 1874, T the Editor of The Chicago Tyidune: Bin: Who in Chicago, except thoso who knew Both Paine and o few zonlous knights of rod and gun, over know that wo had a Lake Zurich, only 40 miles awsy, until briof mention of it was mide in your columns, in the early summer, by mome grateful visitor? I, certuinly, nm ono smong many to whom this communicnlion brought the firat knowledgo of its oxistence and bint of its atiractions. During tho past sume mer, howover, enough have found it out to tax to tho utmost the limited accommodations which havo as yot boen provided for the entertainmont of visitora, It oasy accoss from Chicago (boing only 4 miles by atage from Bur- rington) ; tho varled beauties of Inke, and groves, aud plossant drives; the facilitios for boating and fishing ; and the good-cheer to be found in its houses of ontertainment,—cer- talnly rondor it a\losirablo resort for summer- sojonrn or oceasional visit ; while, ndded to thoso attractions, tho oxcollence of the fall- fishing, and the abundanco of gamo in soason, now offer especial inducernont to sportsmen, and to those wlo, from chojco or necossity, take thalr vacation in thosa plensant October 'days. Thoro i now fair duuk-ulmallu? for oxpork hunters on the lako ; wiile Iox River, only & milos away, swarms with duck and othor gama. This hug boon a day of - superb sport for those who Lave tried the fishing, Twenty-six fina pickeral have been taken with rod and reol, in ono place, by & smart erty. bosidos some bass, ‘Wo lost several splondid followe; who proved too mnch for skill or tackle, aud, after a brave fight, mado off with hook, lite, and siuker. Ono of thoso takon turned tho scale at 13 pounds, A lady was fortunato cnongh to Lok him, bui magouline asuiatance was called fo the resono bo- fore ho could bo landed, It seomed impossible that the slender tackle cowld stand the sirain, \What a gatlant fight it was! What o emall oternity of auxions susponso bafore ho was tired of fruitless rushes und lay passive beside the boat! What a moment of triumph when he was seouroly gm|lxud by eagor handy and lifted safoly Into tho boat] 'To-dny's sport gives promisu of agood plokorel scason. If you aomo to fiah, don’t boliove tho man who says that it fa too Iate or too early in the seaton, or that tho day is too hot or too cold, or that tho wind blows north or blows sonth ; but catoh your minnows, be sure of your tacklo, unchor in dvep wutor, o at work rosolutely and pationtly, and you will Do reason- ably sure of excellont” sport. _If, however, the slah aro obstiuate and resist all your blandish- ments of miunow, worm, spoon, oF wutton, yoit can drop the rod, pull over into tho ricc-manl at tho Lead of the luke, and take your chancen at the duck; and, if the ‘duck don't fly well, and you have no sporiman's prido to preservo, you can have reveuyo on tho wud- lions,—only don’t take thom in for ducks. I you tiro of this, and nre fond of haudling a gail- boat in & good broeze, you can pull brok to tho landing, whero the white stifa of the Flors g, in tho vimlight—or, if {on Inow how to 1.35‘%"& fust horwo, porhaps mino host Fox will let yon mount the sullioy bobind Craopor, who gooy ivay down io the 50, and promics still bolter thingsy or * Charloy,” who will uoon touch 40, Add to thoso, and many othes enjoyeblo oxe poriances, tho over-presout homuty of the lake and nutumn-tinted woods, and_tho doap, rostiu] quiet brooting ovor it all, and ho must ho hard to plenso who eannot greatly eujoy n for daya horo, .’ Prsoaron, THIRD TERM. Gen, Dix Should Speak Out. An Ontspoken Article from an Admine istration Paper, Trom the New York Times, TIMD TERY, Much has beon Bald, and much will doubtlsss still o sald, about “ Crosarism® and tho dosire of the Prorident to aecure a ro-lectlon in 1870, ‘Th facls of tho caso soom, howaver, to o in B vory small compass, "Thoro appears to be no certain ground for bo- lioving that Gen. Grant has any {don of worling for o third torm. Ho has maid nothing whatover on the ?\xhjnct, onowayortheothor. Butit must bo admitted that & nowspapor at ‘Washington, which the Administration undoubtedly controls, —wo may nlmost 8y owns,—haa on soveral oce casions publishied ~articles, nupposed to be inspired,” which dofond snd ndvocats the third-term schomo, These nrticlos have boon quoted all over the country as ropro- sonting the ren!l wislies and opinfons of Gon. Grant. Itia quite possiblo that tho Prosident Inew nothing of these artiles until thoy netuat- ly appooroil. Ho may yet fiud that o bought and paid-tor “organ” has power to do him harm,— to misropreseut him, and place him in s falso -position bofora the publio,—but no posver to do im good. Independont aupport 18 suro to ba tompored at times with adverse oriticism, and tho Presidont has cortainly mado no sgcrat of tho fact that he will not braok adverss critioism, Conseguontly, he will have * organy " to repre- sent him ; and ho must not bo mirprised If they do him infinite migchier, Tbumfi; no catimat- ing hu:‘v many of his supportors the *‘homa organ” at Washington haw estranged from him, ;‘I“‘}: ;t b3 given him no new Bupportera in their uco. AgI:nln, the Oppoeition pupora have boen assorte fug for & year and a half that Gen. Grant is de. termined to get the Republican nomination in 1876 if hio possibly ean—that ho is bringing all hin enormous patronage nnd influonce to bear on that particular object. These statoments, inces- santly ropeated, have derived somo show of plausibility from the urticles {n the Washington paper, which, if not actmally “ ingpired,” could not hnve apposred without seuction from high o i b 'hns it has happeued, in one way and anothor, thes tho turd-torm bugbear beuins (o bo horons: 1y rogurded by tho people. Thoy think thera must ho sometbiug in it, or they would not hesr 80 much talk on tho subjact. 'fi:n congoquence ia that the Nopublioan party is really bolog in- Jured by it. And thisinjury iuall the more vexas tious becauro tho Ropublican party has nover givon tho slightest countenance to this rojoct. Ir it has been ontertalned soriously at nlY, it hag only beon by a Jittle knot of porsons who Lavd their own ends to sorve. Tho parfy is innocont of any complicity io the schomo. ‘T'his being the case, wo no longor sco any rea- #on why Ropublicang ahould be silent on the question. I they choose tosposk out, by afl moaue let them do it; and the firat to spoak should bo Geu. Dix, who is at Fm“m being struck at over other paople’s shoulders, and who 18 deacribed by the Democrats as nn aotive con- fedorato in tho third-term * plot.” Wo ses no reason why Gon. Dix should allow himsslf to be hounded down by o false charge. Hia dofoat would bo & very great misfortune to the Stata, and oll proper moans should be taken to avort disaster. If Gou. Dix faols as all sonsiblo men muat do on this question, consideration for tha # feolings of others " should not. induce him to koop silence, for it is protty cortnin that the ** othera " bave not much consideration for him, K st oo e T 5 & ud LOCAL LETTERS, THE BRASON WIY IT DISTURDS THEM, To the Editor of The Chicugo Tribune s bz : “Witness " mnkon pitcous complaint thal some stonecuttors employed onthe new oustom« houo are allowod to disturb the quict of Bune day by tho click of their tools. *Those wha lova tho Sabbath,” ho says, ** are much distarbed in thoir meditations thoieby.” Now, I do not wisk boro Lo diecuss the Sunday question, but T wish to call attention to the real anje mug of zealous. Sabbatarions 2s shown in this complaint. Tho noiso of n stoncouttor's tools conld not be a vory serious disturbance of tho meditations of any ono shut up in a houss a block away, or across tho streot. In the weok time, tho idea of such noiso intorfering with meditation would bo simply absurd, The roal sourco of tho disturbanco to *those who lovo the &abbath,” methinks, is simply this: they think to thomsolyes, * ovor yonder ‘are mon who don’t be. liove aswo do; down with them.” Thenbad, intolerant feolings rige, driving out at onco all thio calw, loving religions, moditationsfthat thoy had been indulging, and they feel dacidedly *“disturbed.” **What," they say, ** doos thix mean? We bave lawd compelling men to ob- serve our eacred day, whother they boliove in it or not. Lot those laws be enforced.” But “Witnoss™ doea not know but these stonecutters are Israclites, or perhaps Soven- Dny Baptiets. In that caso, o8 the law permity thoir labor, * Witnoss," porchance, would not bo disturbed if ho know tho fact. I can't Lalp regarding theso outeries ngainst Sabbathe bronking a8 on & pur with thoss wade Dy the old Pharisoes, . whon thoy boheld Josus at work _getting his brenkfust in the corn-fiold on tho Subbathe day, Christ's reply at thut timo is sullicient, oven yet, nunrol)ly to all worshipers of sacred dayx.” T'holiovo It s right that those ongaged in devotional axorcises should be protscted from disturbing noiacs, Ro far as roasonnble, at ali times, and particularly on Sundey, but we must not take ovorybody's - whim oy to what is a disturbing ™ nolse. Why is nn orchostrion or & brass baud more disturb- ing thun an organ? Why i streot music, if iu o funeral procession on Sunday, quito unob- Jjectionablo, but if escorting & Turnor Society very nuun)hm to religious peoplo. I recollect a yoar or twoago o clergyan in this city made complaint in THE 'I'BuNE of & band disturbin; Lis congregation at sgervico by guulng in mfi blast, 'The noxt day ho apotogized, saging that if thoy had kuown it wos a funeral they would not huve minded it. Religions intoleranco 18 the iuapirnuun of all thess complainta, Ciicaao, Oct, 20, 1874, Hupipnas, CLAIK STREET SIDEWALRS, To the Editor or P'he Chicano Trinunes Bun: A nlaxpryor, I would likoto call the atten- tion of "ne TuibuNy, aud, by mouns of Tnr ‘I'nivuNE, the attention of the Board of Pablio Worlkis, to the oulrageous condition of Olark stroot sidewalks hotween Washington and Ran- dolph stvoots. Thin porlion of Clark strgst, 1n wal woather, ia positivoly impassable to lndies, unloss they are willing to destroy their drasses, or wado ankle-deop in the mud sud slush. The stato of uifairs on tho strcots and midowalks, hounding the old Court-Iouse Squaro, ia every dny bocoming nioro Intolorable, aud unloss Mr. +¢Lom Mackin" iy immediotely overhauled by Supt Watson, that individoal will ef- fectunlly closo navigation in the vicinity of the old Court-House' Synare by moana of his old Junk, distortod iron beams, galvanized tin drays, und dorticks, tho sgit of which un- couth abjocty frightena horses and causes mauy o ranawsy aeeident, Chis individual, who bought tho old Court-House, but not the square and ad- Joining streats, not sutisfled with baving torn up tho fluggoed sidowalks (in opon violation of a oity ordinanco), and appropriating them to Lia own uso, theroby moro than realizing tho sum which heoriginally paid for the 'lprlvllugu of removing the dobris, is now engaged in constructing an unsightly wooden fonco 10 feot high, ostonsibly for tho purpose of protecting his old stone and worthless juuk, but virtusily to vout for advortising ‘purposes, How loug wilt tho suthoritios permit this man to use (he old Conrt-1{ouse Square as porsonal proporty, teare ing up tho sldowalks with the moat unblushing offrontry, making pedestrianism impossible in the fluest businoss atroet of tho city, and now, to cap tho climux, and, as it wore, break's the camol’s back, construct an unsightly wooden fouco, hnlf a mile long, to bo by him (Mackin), lonsed to tho slobbotiug, dirt-producing bitls pouter fraternity 7 AN THDIGNANT CivrzeN, Uicaao, Oct, 20, 1874, ‘Eho writer of tho sbove is misinkon na to tho fenco around tho squaro, Mr. Mackin hay nothe ing to do with it, "It is bolng constructed in ag« cordunce with a permit excouled by tho Board of County Qommisvioners,