Omaha Daily Bee Newspaper, May 25, 1893, Page 1

A n——— - THELYE PAGES. e THE OMAHA DAILY BEE ] TWE TY-SECOND YEAR. £ 1S SUBMITTED of the Impeached Officials Now Rests with the Supreme Oourt, UMENTS WERE CLOSED YESTERDAY orneys for the Respondents Consumed the K Tarly Part of the Day. ARD AND WEBSTER AT THEIR BEST nts for the Defense Presented in Persua- sive and Convinoing Oratory. IBERTSON'S GREAT EFFORT IN CLOSING erly Prosentation of the Oase Mado on | Behalf of the State, BERY POINT WAS CAREFULLY COVERED vy Woven, Compaotly Buailt Fabrio of Argument for the Conviction of the B Accused—Scenes ana Incidents In the Court Room, coLN, Neb., May 24.—[Special Tele m to Tae Be.]—After nearly four weeks contiriuous labor, all of the parties con- ted with the impeachment trial of George Hastiogs, attorney general; John C. len, socretary of state, and Augustus R. umphrey, commissioner of public lands hd buildings, charged with the neglect of ity and the maladministration of their spective offices, are allowed an opportunity taking a rest. for the first time in the history of the te of Nebraska the supreme court sits as ourt of impeachment, hearing testimony witnesses and the arguments of at- vn. Tonight, for the first time in four leeks, the mental strain is relaxea and men ¢ permitted to give the matter serious and foughtful consideration. g The trial s ended and noyw all that re- fains is for the three nhonorable members the supreme bench to report their find- igs. In doing so they will make more his- pry, as the decislon will form a precedent br the zuidance of future courts. What the ecision will be in this case is & matter of hiere speculation, and will continue to be uch for some time to come. Owing to great imount of testimony which is before the ‘ourt to review, and the large number of egal authorities that have been . presented, jthe most hoveful ones do mnot look for an early Cecision. Well Pleasod With Thele Caso. The managers of the impeachment and he atvorneys upon both sides all declare ihat they are well satisfied with the pros- ects, und each individual interest points to bcod and sufficient geason why victory kould perch upon its banner. Theinan- pgers and their legal representatives adhere to the fdea that they have made a rock ribbed case, leaving no loop hole, by which any court can find Frounds for an acquittal. They claim they ive substantiated every charge in the arti- les, and that they have made s much tronger case than.was presented to the pint session of the legislature when that jnited body voted almost solid for fmpeach- fnent. 'Tho attorneys for the respondents, the ficials who are under a cloud, claim that he state has wholly failed to make a case, leclaring that their clients have not been onnected with the commission of any crim- nal act; that the charge of fraud has not een brought home to them and that the het of willful negligence has not been estab- shed. t Was n Great Assembiage. ‘The fact that the closing arguments of unsel could be heard drew the most nota- eaudience the court room has held since @ trial bogan. All the attorneys engaged the case were on hand, of course, and in dition leading legal lights from all parts the state and several from neighboring ntes were present. The young lawyers t graduated from the university and called the bar yesterday, occupied a prominent ition and drank with earnest avidity L the forensive lore laid out Dby torneys Lambertson and Webster, making ental and scriptoral memoranda of both e matter and the manner of the learned unsel. A large delegation of the promi- /nt citizens of the capital was also present, nd all the employes about the state house, cluding the laay stenographers, neglected jhatever official duties might be awaiting heir attention, and absorbed through eye nd ear all that was to be seen and heard. Court convened at 9 o'clock, an hour arlicr than usual, to allow of tho argu- pents all being concluded today, and each ide have its mutually agreed on time to peak. I'here never was a more attentive audi- nce in any hall of justice. A fall of the proverbial pin would have sounded liko tage thueder at any moment of either ses- Tho sceno was impressive to a degree. he accused officials were all present, sur- ounded by their immediate friends in ympathetic silence. The managers ap- ointed by the legislature were also present, ooking serious, responsible and modestly onfident. Glant Efforts of Great Minds, The arguments of counsel were earnest, forensically profound and at times brilliant. ttorney John L. Webster made the effort f his professional lifetime; so say his friends, who are loud in praise of both his rgument and his delivery. His clients, too, expressed their satisfaction with his plea. And Judge Hayward of Nebrasku City, too, fully earned his fee. It was 8 o'clock when Mr. Lambertson began the closing argument for tho state, and for two hours ho held judges, counsel and general audience ‘Wrapped in oblivion to everything but his summing and presentation of the evidence. It was a o masterly effort. and the court was, if possible, visibly impressed with his fine reasoning and seemingly irresistible con- clusion. Attorney Lambertson displayed marvelously effective judgment in the ar- rangemeont of the various seetions of his ar gument; he touched on and positively ex ‘hausted every point in the case aud withn his 120 mivutes sllotted time, closing on the very clock stroke. What Will the Harvest Bo? . Much speculation was naturally indulged during intermission today and after adjourn- wont tonight. Most of the coguoscenti are w‘d that the court caunot reuch a decision ore next Tuesday at the earliest. Some ver that six I!lil will pass before judg- ment is rendered. There are a few who give it out that should the court find the accused guilty the . decision will be withheld from the press and public for a few days, that Gevernor Crounse, who will be apprised of the verdict immediately it is reached, may have time in which to appoint men to fill the vacancies that will occur. How do the accused take it? They and their counsel this evening expressed, so far as the voice can, full confidence that they would -be declared not guilty on every article and each specification of every article. Of course, this is but natural, just as counsel for the state asseverate that they will get a veraict on every count and each clause of every count. But there is another opinion current and It has been formed by leading rs not engaged in the case, who have ly followed it from beginning to end, and the more thoughtful of the attentive citizency endorse it as the most reasonable, It says that the court will stand twoin favor of conviction and one for acquittal on a mn Jority of the charges, and these the cardinal ones, Messrs, Berry of Greeley and Casper and Colton of Butlor, the legislature-appointed managers of the case, expressed themselves this evening as entirely satisfied with the outcome of their work. They think a much stronger case has been made out than was outlined before the legislative investigating committee. These gentlemen have attended to their duties with praiseworthy devotion and energy. That Question of Jurladiotion. ‘The court has not as yet intimated what disposition it will make of the raised ques- tion of jurisdiction in the cases against ox- state officials, but it is expected that its reading of the law submitted on the matter will given out at tho session of court mnext Tuesday, Rumor has it that the judges have decided that the court has jurisdiction in the cases of ex-State Auditor Benton and cx-State Treas- urer Hill, but that the case against ex-At- torney General Leese is without its consid- eration. Should this prove to be the decision of the court, friends of General Leeso say he will waive his right of exemption from examiuation and insist on the churges pre- ferred against hin being brought to trial, Hayward Laid it to Passion. With the opening of court this morning Judge Hayward threw himself into the breach, arguing for the respondents. In the start the judge promised he would not spring any briefs upon the court, nor would he consume a great deal of time. He said that he wanted to thank the court for its fairness and patience, but owing to his limited time he would defer the thanks. Getting right down to the meritsof his side of the case the judge read from numerous law books, touchiug upon impeachment mat- ters, *“This case is but the result of passion,” said the judge, “and the matter was left to these hired attorneys. We are to answer the charges becauso this court has summoned us, though i do not think that this case is well founded: as to what law is, is for your houors to_decido; we are not here by the command of the people: not here by the legislature, but we are here be- cause the board of managers is prosecut- ing us; the people of the state left this case six months ago. e are not here to answer to whether George H. Hastings is fit to be attorney general; every line in the charge of corruption is against the Board of Public Lands and Buildings; no act is against us as men. We are here to answer the charges filed against these men as a board. Nota line is not here to show that onc of these men voted for any of the coal or stone bills; not a line of testimony shows what bills any particular man voted for. We stand upon one fact, and that is, that they must prove an un- lawful act, which they have not done; they must shew an unlawful intent.” In support of this theory Judge Hayward read at length from the “American and En- glish reports, ““T'o impeach a public official for the wrong- ful actof a subordinate, orforan error of judg- ment made in office, would endanger vhe public sufety of every ofticial in the land, For my part I would rather see the country fall than 10see an innocent man punished; impeach- ment is like Damocles’ sword, hung up to crush the guilty, but of it the innocent can have no fears.” Does a man erect a derrick to crush a bug? Have I'alled to Prove Guilt, ““We claim that impeachment is a criminal proceeding, for is it not a punishment to re- move a man from office and forever brand him as a criminal? Did any of these respondents ever receive any of that cell house money? Not a dollar. If there was fraud at the in- stitutions, and these respondents knew nothing about it, can they be held respon- sible? “We contend not; for it must be shown that the s a criminal intent und not a word of testimony has been adduced to show that these gentlemen were aware of the commission of fraud at any of the state in- stitutions; it would be moustrous for one not guilty of crime to be convicied of felony “‘We submit that, having found the art cles, the managers must bring the proof to substantiate each charge. The legislature knew that these gentlemen were the mem- bers of nine boards; it knew that they had ofices, which they must wateh; 1t knew that ' there Wwere appropriation aggregating $900,000 to look after and di burse; Mr. Hastings had 165 cases to look after and carry through the courts; Mr, Humphrey had more public work to care for than any human being could perform; Mr. Allen, the people of the state and every man within the hearing of my voice knows, was overworked. This is the point we make: When the legislature of 1801 appropriated £10,000 for this cell house it was well under- stood that a superintendent would be em- ployed and that the work should be by the day. There is no testimony to show that Dorgan was not competent and honest ; the only charge is that he was tho agent of Mosher and paid £1 per day when he could have cot the labor for 40 cents per day if he had not been the agent of the prison contractor. We say that that proposition is false, and that that lubor could not have been hirved for less than $§1 per day; he chargea the state the same prico that outsiders had always been charged. They claim that the state was de. frauded, but to show this they must show that the labor was not worth the price paid, Now, I contend that the testimony shows that the men were worth more than §1 per day, and as a result the state got more than it paid for. What kind of men did Dorgan select?” Dorgan's Conduct Defonded. ‘‘All of the masons, the strongest and best men, is conclusive evidence that the labor was worth more than it cost. The buyiug of stone, if Dorgan paid too much, was not the fault of these was the superintendent ang to know prices; he had been the super- intendent before and never was there a word said against his honor and abil- ity. They harp about his being paid $50 per month; to look after the building dia not re- quire all of his time and he did this because he was being paid part of his salary by some one else; there isnot a word to show that Dorgan divided any profit with Atwood; in fact, the testimony simply shows that Dor gan paid only the market price for the stone, Zook swears that he had his clerk write a letter (}uulhlg prices, but there is nothing to show that Dorgan ever received the lotter. The facts crop out that the prices were fair and that many of the witnesses did not know what th wero talking ahout. Mr. Bul- lock swears that he sold this ent stone for the Omaha postoftice at 48 cents per cubic foot, showing that the stone was worth all that it cost the state. The rubble came from the Cedar Creek quarry and was worth much more than the Nemaha county quarry. Why, that stone was 80 good thit from it was cut mostall of the ashler work for the south wallof the cell house, and we say that §18 or $20 per car was as cheap as that stone could be got out of the quarry. The building is worth every dollar that it cost tho state. The board told Dor;;:m 10 go down there and build a good cell house.” Did he do thist Every witnes swore that it was a good building, ‘notwitk standing the fuct that a state witbess swore that the building was worth but 19,000, How did they do thist figures on many things that are thero and by " figuring the ashler work as common rubble, which every persen knows is not worth anything like us much, They lumped the work and material, which \ entlemen, as he was supposed By omitting the in a measure accounted for the wide swear- i ng of the state's architects. No man has assailed the charges for lumber, iron or tin upon the roof, but they devote their atten- tion to the rock; he paid $9.242 for labor, and every word of testimony shows that it was worth what it c Much of Amenity Sabslsts. ““There has been no temper shown in this trial and T am sorry that Judge Doane used the word ‘larceny,’ when he was making his argument last night. I looked in his eyes at the time and I think he was sorry for what he said. The.prison contractor said that he was willing to put in eighty cells and it was known that the ~old cells were twenty years behind the times; theonly way to learn about the new cells was to go from state to state and see the latest improve- ments; no man who contemplates building a £10,000 residence would think of commencing the residence without going from city to city looking at plans. “I contend that the board had a perfect right in using the &00 for this purpose; General Hastings advised this oxpenditure from the cell house fund, and in doing o he advised in a_perfect legal manuer. Right here [ want to say that it comes with poor race from the gentlemen to stand up and arge larceny when they are using up £533.33 of our money each day to prosecute this case. It is mighty small to bring articles of {jmpeachment because the board gave Elder Howe $200 to pay his ex- penses in attending that prison congross, and it is a disgrace that it stands upon this record. Not Responsible for Stealing. ‘‘Regarding the coal at the asylum, they charge us with negligence. The auditor should examine every claim before he draws his warrant, and the laws of the state make it his duty to Goso. The most that is claimed is that the board is to assist the auditor; the board has no authority to pass upon claims without the authority of the auditor and sccrotary of state. The bills were turned over to the auditor thathe might examine into their correctness. It follows that all that tho respondents have done has been to assist the auditor; even if it is outside of their duty to audit claims, the crime cannot be charged to the re- spondents, The bookkeeper and tho steward at the asylum have passed the bills and sent them up. Before any crime can be charged to the respondents it must be shown that they acted corruptly: negligently will not do in this case; they base the negligence apon the fact that the bills were so large that they should have challenged attention. Let us see, these bills came up from the officials atthe asylum, all appointees of the governor, and were certified as being cor- rect. Wo show that there isno proof of stealing and the proof upon the subject is not sufficient to convict a man of assault and battery before a country justice of the peace. On'the contrary, everything shows that the institution was being run carefully and in an economical manner. What more can we do than to do our best, for that is all that o man can do and all that is expected of him? A critical ex- amination of the figures shows an absurdity, or that they put a man on the stand who was willing to swear to anything. The man who went out and hunted up the slime, offer- ing it for sale, now comes before the court and asks us to believe the story. This testi- mony is not worthy of consideration; it should be brushed aside and should not be considered for a moment. It is not just that theso respondents should go out of this court with the brand of Cain upon their fore- heads that they aad their children must bear forever.” John L. Webster's Defense. At the conclusion of Judge Hayward’s re- marks, John L. Woebster addressed the court. He said: “May it please your honors Ihave come to the stage where I have performed my last duties to these respondents. They have been honored by the people of this state, who chose them to fill these honorable de- partments; they came there by the same pro- cess that elevated your honorable selves to high tribunal. o far not one word has dropped from any witness to show that these gentlemen have been guilty of corruption. No man was over found guilty unless theré was some corrupt and vile purpose in what he did ; what is this? Simply an investigation as to whether there was fraud at the asylum or whether Dorgan paid too much for stone, a mere accounting, which should have gone to areferee; if thera are persons who defrauded the state, at the asylum, your grand jury is for that purpose, but Isay stay the hand when the dragnet is sent out to bring in the men of honor and standing; there has been nothing said against these men; we have cross-cxamined, but simply to show that these men had no connection with the fraud, if there wore any. ‘“*How stands this case? These men were elected by the people, and stand here with no charge against them as ofticials to the positions to which they were elected ; there 1s no charge that individually any of them committed crime. Because it is claimed that as a board they passed erroneous judgment, they should be removed from oftice, but for the first time in my life did I ever hear that you could impeach a public body for what it didas a legislative body. Inced not stop further to debate that, for from the first no such thing has ever been heard of ; there 1s no such case in history. Came Through Mosher’s Mistortune, “If Mosher's bank had not failed, I don't think you would have heard of this im- peachment; it has been suggested that this state was in the same condition as in 1575, when the constitution was adopted; the managers have gone back to compare those dates with this; when we got up to 1880 we had but 400,000 people and now we have more than 1,000,000, which necessitated more and larger institutions; we stand on a par with the other states of the union; with this rapid progression every man here ought to feel proud instead of “scandalizing the state by saying that the asylum had been robbed, and charging the robbing to men who were without any such knowledge. Dorgan's Glowing Character, “What is this cell house matter? Simply an indictment of W, H, Dorgan. I venture that in all of the charges against Dorgan there is nothing to show the corruption of any state oficer. When he was appointed superintendent of the cell house, he stood as a man unimpeachable in character, and ye are to try this case as the condition existed then; we are to try these men in the light of the existence of things then; the: is but one charge against Dorgan, and that is that he represented the prison contractors. Even the managers put Dorgan on as a trust- worthy witness, aman creditable, whose testimony the court should consider. Can they now impose upon this court by lndvlug that Dorgan was a criminal and a thief? Before he left rj the wit- ness stand they roved that he never received asingle dollar of that cell house fund for his own purpose. No testi- mony shows that these respondents ever received a dollar of that money, but we sat here yesterday and heard it said that there was a divide. “The managers charge that these re- spondents willfully appointed this man to oftice that fraud might be accomplished, and that is what these mwanagers have been called upon to prove, but which they have not done. “Upon the value of the cell house we brought intelligent men, men whose testi- mony would carry with it the conviction of honesty and ability. I ask your honors to judge this case upon the clearness with which these men offered their evi- dence. lfl\'cr{ point ur«u which the court expects to decide against the respondents must be proven beyond a reasonable doubt, The managers propose to impeach Hastings because he did not know the value of stone; they propose to unpeach Allen because he did not know the value of labor and Hum- phrey because he was not an architect. Be- cause they took & pittance to expend in in- forming themselves the proposition is to impeach them for that. When a man was cted as land commissioner, were they voting for a man tolook after a cell house, or for a man to look after 4,000,000 acres of state lands? When they were voting for stone, or were they electing & man to after the laws of the state? _The state board in the apvropriation of the LOONTINUED ON $ECOND PAGE. re Hastings, were they electing & man to bu, o0k Took the Mouey Rightrully, OMAHA, THURSDAY ' THE CASE OF DR, BRICCS . Arguments Made Yestenday Bofore the Pres- byterian Geéneral Assembly, DR. BIRCH OPENS FOR THE PROSECUTION Reply of the Doetor in Ifls Own Defense— Interest Taken in the Proceedings ~Salt Lake Will Not Geg the College. Wiasnixoroy, D. €., May 24.—Foreign missions is a subject which is not likely to provoke any heretical utterances, so the gencral speculators were not so much inter- ested in this morning's session of the general assembly as in those of the afternoon ses- session, when the assembly sat as a high court to consider the appeal in the Briggs case. Still the members of the assembly seemed to have a deep - interest in the sub- ject of foreign missions, the work in which the church has spent over §1,000,000 during the past year. Close attention was paid to the reports as they were read and the stirring speeches that followed were ap- plauded. The assembly got through a good deal of worlk.in the morning. Crowded the Church, The order for the afternoon was the Briggs case, and the assembly is now to de- vote itself to that, if it abides by its decision of yesterday, until it is finally settled. The second day's proceellings in the consiaera- tion of the case passed off quictly. An audi- ence that tested the capacity the church gathered to hear the arguments, many of the Iadies remaining in the galleries from early morning throughoyt the day. The full membership of the prosecuting committee of the New York presbytery were present, and Prof. Briggs was sustained by the immediate presence of Dr. R. C. Frazier of Newark, a trustee of Uuion seminary; Prof. Francis Brown of the faculty of the semi- nary, and Judge S. M, Cutcheon of Detroit. Before the afternoon session closed Dr, Birch had concluded his opening address in support of the report of the judicial commit- tee, recommending that the appeal be enter- tained, and Prof. Briggs had occupied one and a half of the five hours which lLe said were necessary in which to make his reply and to protest” against entertaining the ap- peal. The pulpit and space in front were re- served for tho officers of the assembly, parties to the case, chairmen of the various committees in connection with the meeting of the assembly. ex-moaerators and clders over 80 years of age. The last five pews in the body of the church were given over to visltors, clereymen preferred, and the gal- lery to the ladies, who were not admitted to the main floor. A small detail of police were present to aid the ushers in carrying out these arrangements. Declined Salt Lako's Offer. The committee on aid to colleges recommended that the proposition of Arthur Brown to donate 100 acres of land at Salt Lake City as a site for the location of Westminster college In Utah, be respectfully declined, and the report was adopted. ‘The report of the committee on foreign missions stated that an effombwould be made this year to raise $1,250, At the afternoon session Moderator Craig convened tho assembly as a court. Rev. George D. Buker, chairman, reported that the judictal committee unanimously recom- mended that the prosecuting committee be allowed one hour to open its case; that five hours be given to Prof. Briggs, and that the committee be given two hours in which to close, to bo extended if desired, to four hours. As Dr. Briggs ascended the platform, the quiet of the vast audience was mtense. His remarks were but preliminary, and his open- ing sentence was spoken with a distinctness that penetrated the entfre house, I regret,” said he, ‘‘to come before you in this hot weather with a request for more time. The importance of the subject, how- ever, requires it, und 1 glad the committee has conceded 1t. I will shorten it so far as I can, My argument on the basis of the Erlmod apveal will consume four and a half ours, and I have allowed myself a half hour in which to reply to any argument which I may not have anticipated.” The moderator said: “The time is ac- d,” and the assembly having given Dr, s all he had vsked,Rev. Dr.W. F. Birch, chairman of the prosecutiug committece, took the floor. Dr. Birch's Opening. After touching upon the history of the case Dr. Birch said that the general as sembly entertained the appeal of the com- mittee on prosecution and sent down a de cree to the presbytery of New York defining the limits of its liberty with respect to this case, The decrec of the general assembly ordered the presbytery to try the case upon its merits and give it liberty to amend the indictment in accordance with the general nature of the same. Thus the presbytery was free only 1o examine the charges, weigh the testimony and decide to sustain or not sustain. The decree of the eneral assembly was not obeyed by the New York. presbytery as it transcended its own proper function as a trial court by recording its unwillingness to express its approval of the cyitical or theological views which were based/ on the charges. The presbytery acquittéd the defendant on the grounds that althopgh he might deny that Moses wrote the ’l:aw which the Gentile Christians obnar\'ejl, although there were cases where church and reason could do what the bible could not do, enable a man to find God, yet that uch statements dia not transgress the limits of liberty allowed under the constitution of the Presbyterian church to scholarship and opinion. We ave here to invoke this supreme court 10 put an end to the disscnsion and disputa- tion, which the New York presbytery vainly endeavored to silence, first, by the dismissal of the caso agaiust Dr. Briggs, and, second, by the acquittal of Dr. Briggs, qualifying both the dismissalgod the acquittal by the positive disclaimes any approval of the controverted sta ts of the inaugural address, us to critidal or theological views and manner of e; ssion, Alleged Efrdrsof Dr. Briggs. The form in whish#he final judgment of the presbytery was resurned gives the im- Y}relnlon that the' alleged errors of Prof. riggs were unimportant, and that no essen- tial doctrine had been- contradicted. There had been a tendengv to minimize the full force of the 1ndh'q|:. The errors charged are fundamental. ‘The charges relate: First—To the question as to the supreme and only authority in matters of faith and practice. Second—To the tion as to the iner- raney or truthful of the inspired word. ‘Third—To the histerical validity of the Old Testawent. Fourth—As to the fulfillment of Messianic prediction, 8 question of supreme import- ance in its boorinfi upon the view which is taken of the fruthfulness of the scripture and of the truthfulness of God. Fifth, and lastly, there is the doctrine of redemption, concerning which it has been al- leged that Prof. Briggs’ teachings have been especially erroneous and hurtful, but which could only be partiaily tried in the lower court, Here is a series of errors, covering the whole fundamental structure of our faith. It is a question purely doctrinal, and, there- fore, of universal importauce. so far as Pres- byterianism is concerned. It ean be finally settled by no presbytery or synod, but re- quires the decision off the Presbyterian church in its highest court, A Slight Iuterruption. In reply 1o the argument that an appeal caunot be taken fmul;‘u verdict of acquittal, Dr. Briggs said that this was equivalent to @ claim that a part of the church was MORNING, MAY 25, 1893—TWELVE PAGES. reater than the whole. “This court nows," said he, “that he who teaches that the power of the general nssembly can be nullified by the will of a single presbytery lifts the banner of treason against the Pre byterian church,” “With all respect to the accused in this case,” continued Dr. Birch, “1am ready to say that his personal interest is as noth- ing in comparison to the iterest of tho church in whose name he has been teaching. n of what really is Presbyterian 8 to be answered, not_for oursely alonie, but for all American Presbyterians, both now and for some years to come, and must answered by the whole church. t, as the spokesman of the beseeches this venerable sc itg authority in a crisis, This 18 50 momentous as to make every plea for a delay of judgment out of order. Thus your honorable body will protect us from what one of your number, Dr. Herrick John- son, has called the peril of a broadness that would empty our souls of conviction and our lives of victory.” Dr. Briggs Rises to Reply. At 8:15 o'clock Dr. Briggs arose to reply to the opening of the prosecuting committee and to protest against the entertaining of the appeal by the general assembly. The question before the assembly was not, he said, whether or not Dr. Briggs' teachings were proper, but whether or not the appeal could be lawfully entertained. The law of the case at this stage forbids the consideration of its merits and he ex- pressed regret that the prosecution had not observed this law. The same law con- strained the comn consider the contr rsies in question at this time, but simrly to determme the h-f)nmiv of the appeal. r. Briggs went on to argue that tho form of the appeal was incorrect, and _there were many things in it which must be re- moved before the assembly could entertain it. He also pointed out matters included in the _appeal, which, he said, rendered it invalid, Dr. Briges asserted in the next place that the final judgment of the presbytery in his case was really declared by the moderator of the New York prosbytery on December 0, 1802, and from that the appeal should be taken, if from any action of the presbytery, and not from the action of January 9, 1803, He was not to be exposed to the peril that lay ina positive change of composition of the body in the interim, nor put in jcopardy a second time because of a mistake of the court which tried himata date subsequent to thaton which the final judgment was delivered. “If any man thought these objections were puerile and technical let him put himself in my place. Why should he waive any of his rights when the prosecu- tion was endeavoring to take his ecclesias- tical life?” Second Ground for Opposition. The second ground upon which the appellee opposed the entertaining of the appeal, was that it was a well established principle of law that a public prosecutor could not ap- peal from a verdict of acquittal. Upon the question of the standing of a minister charged with heresy, Dr. Briggs said, there was no course open but to remiin in fellowship with the church until deposed after trial. A much more fundamental question was at stake, said Dr. Briggs, than any principle of law or doctrine than had yet been discussed. That was, whether the Prespyterian church should be considered as a merely volun- tary religious society, or a church ) esus Christ. It was the civil law of the land, he said, that no man should be twice tried for the same offense. The New York presbytery, under orders of the goneral as- sembly, tried Dr, Briges for the crime of heresy and acquitted him. Was the Presby- terian church ready to ignore or violate that well settled principle—found, by centuries of observation and experience, to bo essential to the well being of people—without good and sufficient cause? It was true that the church did not punish a minister in his phy- sical being, but to depose a minister, to de- prive him of his ecclesiastical life was to in- flict a punishment far more cruel than that permitted in the civil courts, Discussed the Law of Appeal. Dr. Briges then discussed the law of ap- peal. This, heasserted, could be invoked only by parties original 1o the case uud ug- grieved parties. The new book of discipline did not contain the word aggrieved, he ad- mitted, but in spirit the right of appeal was conflned to thoso who were aggrieved. Was a prosecuting committee such an aggrioved -party as to warrant it in appealing from an adverso judgment? The committes had no vight of appeal. and an appeal by such a committee could not be entertained by the general assemby without a violation of all church law and precedent, 1f it were lnwful to appeal any case of aoc- trine and law brought before the court of the presbytery it would compel the general as- sembly to finally determine all these dc trinal and legal questions. If this appeal should be sustained it would become an un- fortunate precedent, which would be fol- lowed by public prosecutors hereafter, who wonld in many cases, if not in most cases, magnify their office and bring differences of opinion between the supreme court of the church and the house and establish a new and easy wav for ambitions litigants to se- cure authoritative decisions of the general assembly in many matters of faith and morals, of life and work, which werc now re- garded as legitimate matters of private opin- fon. and thus imperil the constitution by an unending list of heresy trials and changes in the doctrine and law of the Presbyterian church. 1t was possible that a majority of the gen- cral assembly might make an unconstitu- tional decision and that there might bo a series of decisions of questions of Goctrine and morals in contravention of the doctrinal and ecclesiastical standards, What course should a synod or a presbytery o a ministor pursue in such a case? They might be justi- fied in saying, “Wo refuse to submit to the decisions of this unrighteous majority. We shall continue to maintain our constitutional rights.” Rights of the Minorlty, In the next heresy trial we look for a righteous verdict. Unless the high court of the general assembly should act in strict accordunce with ~ the strict forms of law and upon the constitution of the church and with the sacred rights of man, as set_forth in holy scripture and our national legislation, it would be no rebellion in the minority in the church if they con- tinued the struggle against unrighteous; and wrong, hoping for better times, general assembly could not lawtully revise or amend the constitution by final judg- ments in horesy trials, The public prosecutors were Presbyterian church into a vi sistent and dangerous position. They were endeavoring to secure new definitions of dogma by final judgment in a heresy trial, when they ought to aim to secure them by overtures, 1n accordance with the provisions of the form of government. The form of overnment prescribed their paths, not the ook ot discipline. Dr. Briggs spoke and hour and a half and then yielded to 2 motion to adjourn, s The BAPTIST SOCIETIES. Three Interesting Mectings Held at Denver Yesterday. DEexvVER, Colo., May 24.--The Baptist Pub- lication society met this morning. After ad- dresses of welcome and responses the usual committees were appointed. The board of managers then submitted its report of its work during the year, showing collections, $083,084 and net assets, $U84,384. More than 85,000,000 copies of books, pamphlets and tracts were printed during the year, Baptist Young Feople, ‘The afternoon session was devoted to the Baptist Young People's Union of America, and on this theme an address, entitled “The Pastor's Relation to the Doctrinal Education of the Ynun&ln Baptist Churches,” was de- livered by Kev. Dr. Smith of St. Louis, and still another address, entitled *The Aweri- can Baptist Publication Soclety and the Young People’s Union,” by Rev. Philip L. Jones of Philadelphis, after which a dis- cussion followed. The aiscussion proved to be a lively part of the session. r. J. L. Wilkins, secretary of the Young People's unlon, favored considerable liberty, but Ltev. i THE BEE BULLETIN. Weather for Omaha and Vicinity— Fair; Slowly Rising Temperature. Page. 1. Arguments in the fmpeachment Trial Progress of the Prosbyterian Meetings. Missourl Pacific Express Train Robbed. 2. Impeachment Arguments Conuluded. lowa Bankers in Convention, itorial and Comment. B. Yesterday's Scoro at th Details of the Nicaraguan Battle, Financial and Commereinl News, Lineoln Local Aftairs, South Omaha Notes and Gossip. Lizzle McGovera's Sa.d Suicide Charges Agalust Charles V. Mos, Omaha People Brazenly Swindied. Storm Damnge in Quebec. Indian Ferritory Plctares. Great Panios of the Past, Missing Aftor Antict Among the Recent Books, Work of the City Councll. Secretary Carilslo on the Tarff New York Bankers Frightened. -_—m—m— Big Shoot. 10, 11, 12, J. J. Parsons of Pennsylvania was fearful of the influence of the Catholics, or, better speaking, of Catholic priests, whom he de n'ln(ll'ed tried to hide the revealed word of God. Rev. Dr, Lawrence Wolff of Chicago put spirit into the general talk by remarking that Baptists must “hump" themselves in reaching out after the young people, And this was also the opinion of Dr. Word of St. Louis, but he thought it hardly necessary to do any “humping." Dr. Lorimer said that as he lived in Bos- ton, he was not ‘on_to” the humping pro- coss, but took it for granted iv was a good thing. The speaker was in favor of doe- trinal instruction and thought that no sermou should ever be preached without doctrine in it. Preachers should not talk but teach. He believed in the young folks, but he did not want the old folks forgotten. In many ways he thought the Christian Endeavor idea too rushing for the people well into and passing out of the present generation. These folks wanted time to tell their expericnce and not to simply get up and say “1 love Jesus,” and then sit down. Rev. L. D. Suskeep of California taiked in much the same strain. but in closing Rev. Dr. Griffith of Philadelphia insisted that the thing upon which to pin their faith was doctrine. Women's Home Mission Soclety. Members of the Womens Home Mission society had a long meeting—beginning early in the morning and lasting until late in the afternoon—discussing questions of moment to their society, and to which all news gath- erers were excluded. ‘That story they tell in the far cast, in the far west and in the far north and south,” said the president at the opening of the evening session, *‘that it never rains in Colorado must have been a mistake.” And it was, for Denver tonight is enjoying genu- ine New York, Chicago and San Francisco ather. But for all that there was not even standing roon for the people who tried to erowd in the big church. Two addresses he Work of the Ameri- can Buptist Publication Society in the West,” by Rev. Milton I. Negus of Minne- apolis, and “The Pioneer Society,” by Dr, Lawrence of Chicago, were listened to and then everybody hastened to their homes. CUMBERLAND PRESBYTERIAN Women Elders in tho Church and Other Questions Passed On. Lrrrie Rock, Ark., May 24.—The zeneral assembly of the Cumberland Presbyterians met this morning. The delegates to the 1 quadrennial mecting of the pan-Pecsby- terian council reported their work. The proposition to consolidate the ministerial re- lief and education worlk was tabled and the resolution abolishing the office of general superintendent of Sunday schools defeated. The deficit in the contingent fund of this assembly is to be met by collecting 50 cents from each church for minutes of the as- sembly. ‘The assessment for the Presby- terian alliance was ordered paid. The woman question, which has created such a stir, was settled with little debate this afternoon by adopting the revort of the committee to submit two changes in the constitution in the presbytery for action, one making women eligable, the other pro- hibiting. The vote was 175 105 for the re- port. Churches are asked not to ordain a more women as elders until the matter is settled by the presbyteries of rotation in_eldership was dis out discussion. Strong ground an Sabbath observance, and especi lated to ministers and other Chr The body will adjourn tomorrow. ly as re- ians. Presbytorian Ministers Meet, Ciry, Neb,, May 24.—[Special to The presbytery of Nebraslka City met here Monday in special session and ex- amined Henry N. Dunning, aftef which he was ordained and installed as pastor of the Pawnee City Presbyterian church, Dr. J. D, Countermine of Beatrice preaching the ser- mon, T. K., Hunter of Neb; y ing the pastor, and Dy charging the people, The church was de- corated with plants and flowers, crowded house indicated the interest of all in the event. The presbytery also licensed A. Sitherland of Sterling to preach, and took under its care as candidates Ulysses (3. Lacey of Falls City, A. W. Comstock of Hickman and B, J. Bréthouwer of Lincoln, Thoe pres- bytery adjourned to meet next Monday even- ing at Blue Springs to ordain and instal D, W. Montgomery in the Presbyterian church there. Evangelical Lutheran Churches, CANTON, O., May 24.—Thegeneral synod of the Evangelical Lutheran church of the United States of America convened this evening for a sfon lasting from ten days w two weeks. The most important matter to come up for consideration is the rewriting of Luther's small catechiem, a work which has been in proj rs und has figured in the last three or four conventions of the synod. ; The objects in rewriting is to obtain a catechism uniform for all churches, and to supercede the various beoks now different pastor T IN SEL “Dud” Champlou's Sluyer Acquitted by a Coroner's Jury. , Wyo, May 24.—[Special Tele- gram to Tur Beg.)—The coroner’s jury found that Shonsey killed Dud Champion in self- defense and that he was fully justified in so doing. It has been discovered that Cham. pion had a companion while lurking near Ogallala ranch, and many predict that the rustlers have decreed that those of the famwous Johnson county invaders who re- main in the country are to be assassinated this spring if opportunity presents, The coroner's verdict is endorsed by the peoplo generally, Dovara e Fatal Sautn Fo Wreck, Forr Manisow, Ja.,, May 24.—A wreck occurred on the ¥anta e about two miles west of New Boston at 2:30 p. m, A freight engine crashed into the California Express westbound, an Sleptuns of the pas- senger was scalded to death by escaping steam and the engineer, Andrew Smith, dangerously hurt. The passenger was run- ning on tinle and had the right of way. —— Assauitod 1 bitlonist CeDAL RAPIDS, 18., May 24.—-(Special Tele- gram to Tue Bee.]—George Duggan and George Strong, two of those who have becn active in saloon prosecutions in this eivy, were assaulted by saloonkeepers toduy and severely beaten. ‘‘Reddy” Meyers, one of the assailants, was fined #100 and costs. It has caused guite a sensation will have o tendeuncy to make Lhe saloon war more bitter. BOLD MISSOURI NUMBER 239, BANDITS Worthy Sucoessors of the Tames Boys Loot a Missouri Pacific Train, SCENE OF THE JIM CUMMINGS AFFAIR Historle Ground Chosen for One of the Coolest Proceodings of the Sort Yet Recorded—Amount of the Booty Not Yet Known. St. Lovis, Mo, May 24.—The wostbound Missouri Pacific passonger train was held up and robbed thirty miles west of St. Louls tonight by six men. Over $5,000 was so- | cured, the expross and railway officials say. The amount obtained was probably in excess of their estimate. The train which left St. Louis for Kansas City.at 8:40 o'clock reached Pacific station, twenty-five miles west, on time and without accident. Here, as it was afterward learned, & man boarded the train in front of the express car and immediately behind the tender of the engine. A short distance the other side of Pacific—about a mile—this person climbed over the tender, and holding a revolver to the engineer's head, said: *Tt will bo d—d healthy for you to stop her right now?" The engineer stopped, the train, Quickly Robbod the Car. Five confederates of the robber now ape peared, some getting off the train, the others coming toward the track out of the dark- ness from the adjoining fields. Without any preliminary ceremonies the door of the ex- press car was blown open withdynamite. The men, who were unmasked, entered the car, and, going through the express safe, sccured about 2,500 in cash ana a package valued at $3,000 by the Pacific Express company. The engineer was then told to “Go ahead like h—1," and “N @ up your lost time.” None of tho passenger cars were entered. Governor Stone and State Treasurer Stephens were aboard the train and the former at once offered £300 reward for the conviction of each of the bandits. Posses ave scouring the country for them and it is thought they will soon be captured. THEIR SOULS IN DANGER. Henderson People Promised n Material Manifestation of the Lord’s Displeasure. pERSON, Neb., May 24.—[Speciul to Tue Bee.]—- A young German preacher from Rochester, N. Y., is creating a furore among the people of this town and vicinity. Ha preaches.that the town and community is to be demolished by a cyclone or fire and brim- stone, and tells the young men of the town that their souls ave forever lost if they read the daily papers on Sunday. His service lass night_camenear ending ma riot, and the ){lgrl.harfimfl the building has been denied him, —_—— Married at Oakland, Oaxrawn, Neb,, May 24.—[Special Tele- gram to Tue B At the residence of John Stauffer today at 9:30 a. m. Mr. Fred Salter of Dannchrog, Neb., and Miss Ida M. Stauffer of this place were married, Rev. J. W. Kimmel officiating, The wedding was a very quiet affair, only the relative of of the bride and groom being present. After the ceremony tho bride and groom took the train for the World's fair, and upon their return will make their homne in Dannebrog, where Mr. Salter is 1 the grain business. Miss Stauffer was one of Oakland’s most popular daughters. Among the relatives from out present were: Dr. Sulter and_wife of Nor- foll, Dr. and Mrs. Salter of Danncbrog, S. M. Stauffer and wife of Telumab, Mr. and Mrs. Steen of Dannebrog, Dr. and Minuicl of Palmer and Hou, John de cities I'his part of the state drenching rains Sunday night and visited by Monday morning. The ground is thoroughly soaked. Reports from different parts of the county indic that the hail was severe in some localities. Fruits und gardens were badly dama in somo plac Small grain was retarded by the hail, but will not be materially injured. The prospocts for a arge grain crop were never better, The stand is good and these late rains will give ita firmroot, i Hebron's Water Supply Insufliclent. Hrpron, Neb,, May 24.—[Specinl to Tam BEk.|-—The water commissioner has served notice upon water consumers that until further notice no more water could be used for lawn purposes, as the water is insufficient to supply the city’s general demand owing to the past dry weuth The city council ha ordered five new wells put down as soon as possible, It is hoped that this course or to= day’s heavy rain will.be effective in rescind- ing the above order, Preparing for the Race, Cuaproxy, Neb., May 24.—{Special Tele- gram to Tur Ber)--Joe Lisick and Bill Campbell, who are to represent the central part of Colorado in tho cowboy riee, arrived here today. They rode from Denver, Miss Emma Hutchinson of Denver, wbo is to go in the raco, is on he 1 ith her fine horse, She will arviy Resigned to I'r Beatiice, Nob., M gram to Tie Ber]-. the volunteer fire departm position last night. A by him caused much dissatisfa the members and in order to preserve mony in tho department Mr. Phillips signed, der issued ion among g har- re- L L. Went Through n Saloon. Oagraxp, Neb, May 24.-[Special Tele- gram to Tuk Ber. ] --Burglars went through Peto Young's saloon last night und took all the small change in the drawer und helped themselves to all the liquor they could abe sorb. Entrance was sccured by cutting a panel out of a rear door eneral Vian Wyok Hopetul. Nepiaska City, Neb., May 24.—[Special Telegram to Tug Ber.|—There has been no noticeable change in General Van Wyok's condition today. He has eaten well and rested comfortably and is cheerful and hope- ful. His loft side, however, still remains helpless, - Movements of Stewiaers, May 24, At Lizard--Passed--Russia, from New k. Y.:Arl Brow Head--Passed -Bovie, from New York. At Bremoen -- Arrived —- Stuttgart, * from Baltimore. N At Philadelphia-~Arrived--Ohio, from Live 1. "Rt Now York—Arrived—Riincland, from Antwerp; eutonic, from Liverpool; Nes vada, from Liverpool, ————— Wil Bond dsulfalo, Burraro, Wyo., May 24.—[Special Tel gramn to Tug Bre.)—The election today to bona the city for $40,000 to construct & water system resulted in s vote of 234 for and § against.