nesses from without shall not be rejected; and the testimony of an absent witness may be taken before the Preacher in Charge, or a Preacher appointed by the Presiding Elder of the District within which such witness resides, provided in every case sufficient notice has been given to the adverse party of the time and place of taking such testimony. In case a Member of the Church, after being duly notified, refuse to testify without showing just cause, it shall be regarded as a violation of the Order and Discipline of the Church, and he shall be dealt with accordingly. The accused shall have the right to call to his assistance as counsel any Member or Minister in good and regular standing in the Methodist Episcopal Church.

249. If in any of the above-mentioned cases the Preacher in Charge differ in judgment from the majority of the Committee concerning the guilt or innocence of the accused, he may refer the case to the ensuing Quarterly Conference, which shall have authority to order a new trial.

T250. When the Quarterly Conference, sitting to hear Appeals, remands a case for a new trial, the Preacher in Charge shall proceed to try the accused Member again unless the charges are withdrawn.

T 251. In all cases requiring the accused Member to be expelled the Preacher in Charge shall pronounce the sentence of expulsion.

1 252. An expelled person shall have no privileges of Society or of the Sacraments in our Church, without confession, contrition, and satisfactory reformation.

1253. In all cases of trial and appeal it is improper for the Presiding Officer to deliver a charge to the Committee explaining the evidence and setting forth the merits of the case.

CHAPTER VI.

THE JUDICIAL CONFERENCE.

1254. The several Annual Conferences in the United States shall, at each session, select seven Elders, men of experience and sound judgment in the affairs of the Church, who shall be known as Triers of Appeals.

1255. When notice of Appeal is given to the President of an Annual Conference, he shall proceed, with due regard to the wishes and rights of the Appellant, to designate three Conferences conveniently near to that from which the Appeal is taken, whose Triers of Appeals shall constitute a Judicial Conference, and to fix the time and place of its session; he shall also give notice thereof to all concerned. When said Conference shall have assembled, it shall be competent to try Appeals which may be presented to it from any Conference conveniently near, due notice having been given to all concerned.

1256. The Appellant shall have the right of peremptory challenge, yet so that the Triers of Appeals present, and ready to proceed with the hearing, shall not fall below thirteen, which number shall be required for a quorum.

1257. A Bishop shall preside in the Judicial Conference, and shall decide all Questions of Law, subject to an appeal to the General Conference. The Conference shall appoint a Secretary, who shall keep a faithful record of all the proceedings, and shall, at the close of the trial, transmit the records made and the papers sub

mitted in the case, or certified copies thereof, to the Secretary of the preceding General Conference, to be filed and preserved with the papers of that body. But if the case be remanded for a new trial, the papers submitted shall be returned to the Secretary of the Annual Conference of which the accused is a member.

CHAPTER VII.

APPEALS OF MINISTERS.

1258. In all cases of trial and conviction of Members of the Annual Conferences, an Appeal shall be allowed to a Judicial Conference, constituted as hereinbefore provided, if the condemned person signify his intention to appeal at the time of his conviction, or at any time thereafter when he is informed thereof.

1259. It shall be the duty of the Secretary of the Annual Conference carefully to preserve the Minutes of the trial, whether before a Select Number or before the Conference, and all the Documents relating to the case, together with the charge or charges, and the specification or specifications, which Minutes and Documents only, in case of an Appeal from the decision of an Annual Conference, shall be presented to the Judicial Conference in evidence on the case.

1260. In all cases where an Appeal is made, and admitted by the Judicial Conference, the Appellant shall state, either personally or by his representative, the grounds of his Appeal, showing the reason why he appeals, and he shall be allowed to make his Appeal without interruption. After which the Representatives of the Annual Conference from whose decision the Appeai is made shall be permitted to respond in presence of the

Appellant, who shall have the privilege of replying to such Representatives, which reply shall close the pleadings on both sides. This done, the parties shall withdraw, and the Judicial Conference shall decide the case. It may affirm or reverse the finding and decision of the Annual Conference, or affirm in part and reverse in part; but it shall not reverse the same, nor remand the case for a new trial, on account of errors plainly not affecting the result.

Counsel on both sides shall be Members of an Annual Conference.

↑ 261. Appeals from an Annual Conference in the United States not easily accessible may, at the discretion of the President thereof, be heard by a Judicial Conference selected from among the more accessible Conferences. Appeals from a Conference other than those in the United States may be heard by a Judicial Conference called to meet at or near New York by the Bishop in charge of said Conference; or the Appeal may be heard directly by the General Conference.

T262. When the case of any Preacher who has been suspended or expelled is remanded for a new trial, he shall be suspended from all Ministerial service until the next ensuing session of the Annual Conference.

T 263. The General Conference shall carefully review the decisions of Questions of Law contained in the Records and Documents transmitted to it from the Judicial Conferences, and in case of serious error therein shall take such action as justice may require.

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CHAPTER VIII.

APPEALS OF LOCAL PREACHERS.

264. In case of condemnation, the Local Preacher shall be allowed to appeal to the next Annual Conference, provided that he signify to the District or Quarterly Conference his determination to Appeal; in which case the President shall lay the minutes of the trial before the said Annual Conference, at which the Local Preacher, so appealing, may appear; and the said Annual Conference, by a Select Number, as in the case of accused Members thereof, or in full session, shall judge, and finally determine the case from the minutes of the said trial so laid before them.

NOTE.-For Appeals of Local Preachers from judgments of the Annual Meeting of a Foreign Mission, see 1 343.

CHAPTER IX.

APPEALS OF MEMBERS.

T265. If there be a murmur or complaint from any excluded person in any of the above-mentioned instances (TT 237-247) that justice has not been done, he, not having absented himself from trial after due notice was given him, shall be allowed an Appeal to the next Quarterly Conference; and no Member thereof having been a Member of the Committee for the trial of such person shall be permitted to vote on the case; and the Preacher in Charge shall present exact minutes of the evidence