Evening Republican, Volume 21, Number 57, Rensselaer, Jasper County, 9 March 1917 — Had the Court a Musical Ear? [ARTICLE]

Had the Court a Musical Ear?

Music may have “charms to soothe the su\age l>eastbut if servns' that it forced a congregation of a North Carolina church to procure an indictment of a worshiper because this singing disturbed the congergation, which was a misdemeanor under the laws of that state. The defendant was convicted by the jury in the trial court -even though he maintained that he felt that it was his duty to worship God by singing. On appeal Judge -Settle, writing the opinion of the court, said:. “The defendant was indicted for disturbing a congregation while engaged in divine worship and the disturbance is alleged to consist in his sinfeing, which is described to -be so peculiar as to excite mirth in one portion of the congregation and indignation on the part of the other. It appears that at the end of each verse his voice was heard after all the other singers had ceased and that this disturbance was decided and serious: that the church members expostulated with the defendant about his singing and the disturbance growing out of it: to all of which- the defendant replied that he would worship his God, and that as a part o£ his worship it was his duty to sing.” The state admitted that the defendant had’ no intention to disturb the congregation but was acting conscientiously; the court then continued: “It seems that the defendant was a proper subject for the discipline of a church, but paot, for the discipline of the courts.” *