whether there be a case requiring trial. The accused, if allowed to appear before it to show that no trial is necessary, may not present any testimony in defense. (1879.) (¶¶253, 258, 259, 263, 265–269, 274-277, 281, 282, 285, 290–296, 311.)

4770. Secretary of an Investigating Committee.-The secretary of an investigating committee appointed in the interval of Annual Conferences is to be appointed by the committee from its number. (1891.) (¶¶253, 258, 259, 263, 265–269, 274–277, 281, 282, 285, 290–296, 311.)

¶771. No Counsel before Investigating Committee.— Before a committee of investigation the accused is not entitled to counsel. (1889). (¶¶253, 258, 259, 263, 265-269, 274-277, 281, 282, 285, 290–296, 311.)

¶772. Only Majority of Committee Necessary.—A majority of a committee of investigation, before which the accused can introduce no evidence, may declare a trial necessary, frame a bill of charges and specifications, and appoint some one to represent the Church in the trial. (1897.) (¶¶258, 259, 261, 265–269, 274–277, 281, 282, 285, 290–296, 311.)

SECTION XIII

RELATING TO TRIALS

¶773. Concerning Conduct of Trial.-The Discipline contains no form for a bill of charges. In drawing such bills, analogies from our law and obvious proprieties, as these have been recognized and established by usage, must be followed. The charge should be definite as to time, place, substance, and circumstance. This is necessary, (1) that the accused may understand the precise nature of the charge against him; (2) that the committee of trial may determine whether the facts constitute an offense, and thus graduate its guilt; (3) that the decision in the case may bar a future trial for the

same offense. If, however, the parties in the case waive all objection to the form of the bill of charges, and agree to proceed with the trial, the committee of trial is under no obligation to interfere, unless to protect those who are too ignorant to know their rights. An accused person is entitled to the protection of all the rights which the laws and usage of the Church secure to him.

An agreement not to introduce ex parte testimony may be waived by mutual consent, and such testimony may be introduced subject to the decision of the president of the committee. An episcopal decision often quoted allows the introduction of ex parte testimony in certain cases, some of which it specifies. The records and usage of the Church everywhere justify ex parte testimony, provided the rights of all concerned are protected as far as possible.

The Church has no power to compel a witness to answer questions. The presiding officer may decide that a question is improper, and the witness may decline to answer. A witness is not bound to reveal confidential communications made to him as an intimate friend, or as an adviser or representative.

A witness may at his own suggestion, or on demand of the president, or of any committeeman, explain testimony that has been misapprehended, and he may do this at any stage before the decision is reached.

Even after the argument has been closed, there may be peculiar circumstances that warrant the introduction of a new witness. In this case this was demanded by the affirmation of the accused, and if he were misinformed it may be necessary for the vindication of the

accuser.

Our usage gives to the president the right and duty to remain with the committee while it is making up its decision, to take part in its deliberations, and to aid in reaching its decision. Our law gives to a preacher no

privilege which it denies to a member. As a preacher is pastor of a particular charge, so is a presiding elder the pastor of his district. An administrator, in the absence of specific direction to the contrary, is not to be condemned who simply conforms to long-established usage. (1858.) (¶¶253, 258, 259, 261, 263, 265–269, 274-277, 279, 281, 282, 285, 290–297, 311, 314, 319.)

¶774. No Reinvestigation after Suspension.—When a committee of investigation finds a trial necessary and suspends a traveling preacher, it is not lawful to reinvestigate and find no trial necessary. Having proceeded so far, the case must go to trial. (1880.) (¶¶253, 260, 261, 263, 265-269, 274-277, 281, 282, 285, 290-296, 311.)

¶775. When a Preacher May Withdraw.-The Annual Conference by vote may allow one of its members to withdraw though rumors of immorality be against him. (1901.) (¶¶253, 254, 258, 261, 263, 265–269, 275–277, 281, 282, 285, 290–296, 311, 699.)

¶776. Withdrawal from Ministry or Membership.— Should the Church require vindication, a person under charges cannot withdraw from the ministry or membership pending trial. (1901.) (¶¶253, 254, 258, 261, 263, 265-269, 275-277, 280-282, 285, 286, 288, 290-297, 311, 314, 319, 699.)

¶777. Voluntary Abandonment of Work.-In the case of a preacher who refuses to attend the work assigned him the Discipline contained a proviso that "such cases shall not be denied trial by committee."

It was decided that this proviso did not give the accused a right to choose the mode of procedure, but prescribed the process for "such cases," as appears both in the terms used and the history of the case in which it had its origin. (1891.) (¶¶265-269, 272, 275-277, 281, 282, 285, 290–296, 311.)

9778. Committees of Investigation and Trial.—The

statement in the Discipline and in the Manual of the Discipline, that a traveling preacher is amenable for his conduct to the Annual Conference, does not necessarily imply that the Conference, and not the Chair, shall appoint the committee of investigation, a view confirmed by long custom. (1891.) (¶¶261, 265–269, 275-277, 281, 282, 285, 287, 290–296, 311.)

¶779. Chairman of Committee of Trial. The law stating that the chairman of a committee to try a traveling preacher shall be appointed by the president of the Conference does not exclude him from appointing the other members of the committee; but if the Conference claim the right of appointment, it cannot be denied. (1891.) (¶¶261, 265–269, 275–277, 281, 282, 285, 287, 290-296, 311.)

¶780. Notice of Trial.-Suspension of a preacher after investigation during the year is itself a sufficient notice of trial. (1871.) (¶¶253, 259, 261, 263, 265— 269, 275-278, 281, 282, 285, 287, 290–297, 311.)

9781. Relation of Chairman of Committee of Trial to Presiding Bishop.-As the committee represents the Conference, the chairman represents the president of the Conference, who is responsible for orderly proceedings. The chairman should consult the bishop and be in accord and be controlled by his directions in conducting the trial. This is necessary to secure uniformity of administration. Only the bishop is responsible to the General Conference; and at times it may be expedient for him to preside in the committee of trial. (1871.) (¶¶261, 265–269, 275–278, 281, 282, 285, 287, 290–296, 311, 314.)

¶782. Representative of a Preacher in a Trial.-Only a member of his Annual Conference can represent a preacher in a trial. (1898.) (¶¶253, 254, 260, 265– 269, 275-278, 281, 282, 285-288, 290-299, 311, 317, 319, 321.)

9783. Whom Prejudice Disqualifies. — Prejudice against the accused does not disqualify one for representing the Church in a trial, though it should exclude him from membership on the committee of trial. (1879.) (¶¶253, 254, 260, 261, 265-269, 275-278, 280–282, 285-288, 290-297, 300, 311, 315, 320.)

¶784. Change of Law During Trial.-Should the General Conference make a material change in the law affecting an incomplete trial, it should be stayed. If necessary, proceedings should be conformed to the later requirement. (1879.) (¶¶253, 254, 260, 261, 265–269, 275-278, 280-282, 285-288, 290–297, 311, 314, 319.)

¶785. Withdrawal of Bill of Charges.-Neither charges nor specifications may be withdrawn at the will of the accuser after a trial has begun. (1879.) (¶¶260, 261, 265-269, 275-278, 280-282, 285-288, 290-296, 311.)

4786. Ex Parte Evidence.-Ex parte affidavits, certified letters, or letters whose signatures are proved by one or more persons other than the writer, are admissible evidence only when the person offering them establishes the fact that due effort has been made to have the witness cross-examined. Willful negligence to give to the other person concerned the opportunity to crossexamine the witness is a bar to the admission of such evidence. The weight to be given to ex parte affidavits and certified letters is to be decided by the committee. (1914.) (¶¶253, 254, 260–262, 265–269, 275–282, 285– 288, 290-297, 311, 314, 319.)

¶787. A Private Letter as Evidence.-A private letter, not before the committee of investigation, may be introduced as evidence before the committee of trial, even though it deal not explicitly with the charges and specifications. (1897.) (¶¶253, 254, 260, 261, 265-269, 275-278, 280-282, 285-288, 290-297, 311, 314, 319.)

¶788. What Does Not Restore Surrendered Credentials or Membership; Hypothetical Questions Not To Be An