TABLE OF CONTENTS. III-Appeal with specifications of error.... History of the case prior to the appeal... Judgment of General Assembly of 1892, reversing the decision of the Presbytery dismissing the case.... Final judgment of the Presbytery of New York, Grounds of the appeal with the specifications of IV.-Proceedings of the Presbytery of New York during the Status of Prosecuting Committee questioned............. Decision of Moderator as to status of Committee Exception by Prosecution as to matter improperly Order of procedure in taking the vote upon the Vote of each member of Presbytery in detail on the Protest as to Rev. Mr. Mingin's vote PAGE 165 Answer to the protest.. 166 Report of Committee and form of final judgment... 166 Report adopted and the final judgment entered by the Presbytery..... 169 Exception of Prosecuting Committee as to stenograpic report of the trial... 170 Exception of Prosecuting Committee to the final judgment.... V.-Appellant's opening argument in favor of entertaining the appeal presented by Dr. Birch, Chairman of the Prosecuting Committee.. VI.-Appellant's closing argument in favor of entertaining the appeal presented by Mr. McCook, a member of the Prosecuting Committee .... VIL-Preliminary statement submitted by Mr. McCook, as to IX.-Appellant's closing argument in favor of sustaining the .... X-Appendix containing the judgment of the General Assembly and vote of thanks to the Prosecuting Committee.... 170 172 190 259 264 347 ..... ... 374 I. This volume contains the printed documents and arguments submitted by the Prosecuting Committee, representing the Appellant, in the case of the Presbyterian Church in the United States of America, Appellant, against the Rev. Charles A. Briggs, D. D., Appellee, before the One Hundred and Fifth General Assembly of the Presbyterian Church, in session at Washington, D. C., May, 1893, together with the Judgment of the Assembly therein. The case came before the General Assembly upon appeal from the final judgment of the Presbytery of New York, entered on the 9th day of January, 1893. The history of the case prior to the hearing before the General Assembly is given in the appeal as printed at page 13. The proceedings before the Assembly in the judicial case were as follows: On May 23d, the Judicial Committee, by its Chairman, the Rev. George D. Baker, D. D., brought in its report upon the appeal, which was entitled "Judicial Case Number I." A minority report was presented by the Rev. Samuel J. Niccolls, D. D. The report of the Committee was amended by the General Assembly and adopted as a whole, as follows: "In the case of the Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D. D., being an appeal to the General Assembly from a decision and final judgment of the Presbytery of New York, rendered January 9, 1893, the Judicial Committee beg leave respectfully to report that they have examined the papers pertaining to this case, and find : "1. That the Appellant in this case is the Presbyterian Church in the United States of America, represented by its Prosecuting Committee, appointed by the Presbytery of New York, and, as such Appellant, has a right of Appeal to this Assembly as an original party, and said Prosecuting Committee is entitled to conduct the prosecution, in all its stages, in whatever judicatory, until the final issue be reached." "2. That the notice of appeal in this case has been given, and the Appeal and specifications of error alleged, and the record in the case, have been filed in due time, in accordance with the provisions of the Book of Discipline, Secs. 96 and 97, and that said Appeal is accordingly in order." "3. They, therefore, respectfully recommend that the Appeal be entertained and the case be issued." "In order to the determination of this recommendation, your Committee submit the following resolutions : "Resolved, 1. That the General Assembly finds that due notice of the Appeal in this case has been given, and that the Appeal and the specifications of the errors alleged have been filed in due time, and that the Appeal is in order, in accordance with the provisions of the Book of Discipline." Resolved, 2. That after the judgment, the notice of appeal, the Appeal, and specifications of errors alleged have been read, then the parties shall be heard respectively as to whether said Appeal shall be entertained." Resolved, 3. That the Appellants be allowed, if they so desire, one hour in which to present their case at the beginning." "Resolved, 4. The appellee having informed the Chairman of the Judicial Committee that he would probably need five hours to present his defence of the action of the Presbytery and his reply to the Appellants, that five hours shall be allowed him, should he wish to occupy so much time." แ Resolved, 5. That the Appellants be allowed two hours to reply to the Appellee, the time to be extended should they request it, not to exceed, however, the limit of time allowed to the Appellee." Resolved, 6. That four hours be given to the members of the judicatory to discuss the question pending, ten minutes being allowed to each speaker; and that at the end of that time a vote shall be taken as to whether the Appeal shall be entertained. (Minutes General Assembly, 1893, p. 104.)" The General Assembly was constituted and charged as |