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HE Presbytery, having on various occasions, been led to deal with delicate and troublesome matters, in which Mr. Lawson was involved, grow- ing out of the style in which, in the columns of his newspaper the " Presbyterian and Evangelical Union," he had referred to the character of members of the Presbytery, and to the proceedings of the Presbytery; and more especially, having disposed unanimously of a matter of the above nature, at a meeting held October 5th, 1880, which action was criticised, in a disparaging manner, by Mr. Lawson in a subsequent issue of his paper, the Presbytery felt constrained to take some notice of his conduct in so doing. With 2 a view to give ample time and opportunity, to all parties concerned, to consider, the Presbytery agreed as follows, at a meeting held at St. Peter's Road Church, October 26th, 1880. (See Presbytery Kik , minutes page 173-174.) \ " Attention having been called to the language of the " Presbyterian " newspaper, reflecting upon the proceedings of .«i(\ this Presbytery at the last meeting, it was agreed to Uige the members of the court to consider the matter, with a view to | deal fully with it at the next quarterly meeting." In the meantime, in consequence of some of the matters already referred to, a criminal action had been brought against Mr. Lawson, and was in process of trial before the Supreme Court, at the date of Presbytery's regular quarterly meeting, (February 2nd, 1881.) The said action arose from the following circumstances, viz : — A civil suit had been brought against Mr. Lawson, for defama- tion of character, on the ground of hurtful allegations contained in the columns of the ** Presbyterian ;" which suit /Ir. Lawson settled by undertaking to retract the said allegations, and pay costs incurred, in terms of the agreement hereto annexed. (See appendix A). In his paper of August 5th, 1880, Mr. Lawson while professing to carry out this agreement, published editorials of earlier dates with comments, referring to the character of the plaintiff, which , were regarded by very many, and declared by the Court, to be a repetition in a more aggravated form, :y, to )ytery , 'eter's )ytery k.\ of the ings of . «iC\ ige the aew to of the very charges which Mr. Lawson had agreed to retract. In view of the publicity, which the above proceedings had received through the press of the Province, and the pain occasioned to members of the church, by the extent to which the character of a minister of the church appeared to be com- promised ; referring also to their proceedings at St. Peters Road, October 26th, 1880, it appeared to the Presbytery that, irrespective of the decision to which the Civil Court might come, the credit of the church and the interests of religion demanded, that the whole matter should be investigated by themselves. The action of the Presbytery is set forth in the following extracts, taken from the Presbytery records : ZION CHURCH, Charlottetownt, Feb. 2ND, 1881. Next took up the matter of the Presbyterian newspaper, when some discussion took place in reference to the relation which the editor of that paper and others, who have retired from the work of the Ministry and given themselves wholly to s-cular employments, sustain to this Presbytery and to the Church. i ZION CHURCH, Charlottetown, Feb. 3RD, 1881. Resumed the consideration of the relation of Rev. S. G. Lawson and his paper, to this Presbytery. After a full discussion of the character of the paper and the course pursued by its editor, the Clerk was instructed to cite Mr. Lawson to appear before a meeting of Presbytery, to be held in St. James' Church, on the first day of March, at eleven o'clock, to show cause why the Presbytery should not proceed against him by a process 4 of libel on the following charges, viz: — ist, That he Mr. Lawson, had violated a solemn moral obligation, under which he had voluntarily come to retract certain slanderous charges published in his paper against William Dunbar Stewart, a member of the Presbyterian Church, inasmuch as after retracting said charges, he repeated them in an aggravated form. 2nd, That he had published and maintained for years, slanderous charges against the said William Dunbar Stewart, in his paper, and that when summoned before the civil court he failed to furnish the slightest evidence in support of said charges. 3rd, That he, Mr. Lawson, is publisher and proprietor of a paper called the " Presbyterian and Evangelical Union," the tone and character of which are hurtful to public morals, to the interests of the church and to the cause of religion. When the Presbytery met on the first day of March, one thousand eight hundred and eight one, to enquire into the matter, it was found that Mr. Lawson had been convicted ^of criminal Hbel in the Civil Court, and punished with fine, and imprison- ment until the fine was paid. These circumstances increasing the scandal, the Presbytery felt the more constrained to proceed to a formal investigation, the record of v/hich is hereto annexed, -extracted from the Presbytery's minutes. ST. JAMES' CHURCH, Charlottetowx\, March ist, 1881. The Presbytery then took up Mr. Lawson's case. The Clerk reported that he had furnished Mr Lawson with a copy qf the charges preferred against him by Presbytery, and cited him to appear before this court on this day, and shmv cause why Presbytery should not proceed against him by libel on the charges contained in the minute of the last quarterly meeting, a copy of which had been furnished him. Mr. Lawson being i Lawson, he had iblished r of the charges, he had against ,t when lightest Lawson, 3yterian ich are i to the ay of t one, t Mr. in the ►rison- tances more Ration, I from t88i. e Clerk Qf the him to 5e why on the leeting, I being present, and being asked what he had to say in regard to said charges, rephed that with respect to the first and scond charges he considered himseh" justifiable in the course he had pursued, and that he emphatically denied the truth of the third charge. The Presbytery having faithfully dealt with Mr. Lawson, and having failed to arrive at an amicable settlement of the matter, it was agreed that this Presbytery do proceed against Mr. Lawson, by libel, and that the first count in said libel be covenant breaking, the second slander, and the third that Mr. Lawson, as a professed minister of the Gospel is publisher and proprietor of a paper called the " Presbyterian and Evangelical Union," the tone and character of which are hurtful to public morals, to the interests of the church, and to the cause of religion. The following committee was appointed to frame a libel on the ground of the afore-mentioned counts and to report at the evening sederunt, viz: — Rev. John MacKinnon, Kenneth Maclennan, W. P. Archibald, and Hon. Benjamin Rogers, and Alexander MacKinnon. It was agreed to allow this committee to meet during the evening sederunt, until they ar.e prepared to report. SAME DAY AND PLACE, At half-past seven, p. m. The committee appointed to frame a libel against Stephen George Lawson, submitted a draft which, after certain amend- ments and additions, the Presbytery adopted, and the Clerk was instructed to furnish Mr. Lawson with a copy of said libel, and also with a list of the witnesses to be called and the documentary evidence to be adduced by the Presbytery, and cite him to appear for his interests at a meeting of this court, to be held on third day of May, at eleven o'clock, a. m., in St. James' Church, Charlottetown. ST. JAMES' CHURCH, Charlottetown, May 3RI), 1 88 1. The Clerk reported that he had furnished Rev. S. G. Lawson, vvith a copy of the libel and also with the names of the witnesses, 6 and a statement of the documentary evidence to be adduced by the Presbytery in support of the libel. It was agreed to drop from the third count of the libel the " clericus matter," and also the matter referring to the accuracy of a report given by Mr. Lawson in the '* Presbyterian," of a speech delivered by Rev. Kenneth Maclennan, as both of these matters had been adjudicated upon at previous meetings. Rev. Mr. Lawson was then 'asked if he had any objections to offer with regard to the relevancy of the libel. Having replied that he had none, it was moved by Rev. John MacKinnon, seconded by Rev. Dr. Murray, and unanimously agreed that the libel as it now stands is relevant. The Clerk was instructed to serve it on Mr. Lawson, and furnish him with a list of the witnesses, and a memorandum of the documentary evidence to be adduced in support of the charges contained in the libel, which accordingly was done.— Mr. Lawson being present. (See Appendix B). The Clerk stated that in order that the libel might proceed at this meeting, all parties being prepared, he had issued citations to witnesses for Mr. Lawson. In this matter the conduct of the Clerk was sustained, and he was instructed to cite the witnesses for the prosecution. Parties being all present and prepared, and Mr. Lawson waiving his right to ten days notice before going to trial, it was agreed to proceed with the case. Rev. Messrs. Maclennan and MacKinnon, were appointed prosecutors in this case, and they were allowed one hour to prepare for the trial. In the absence of a written and certified copy of Mr. Lawson's promise to retract his charges against W. D. Stewart, when the case was settled in the civil court, it was ruled that a printed copy might be used in lieu thereof.— (See Appendix A.) The first count of the libel was then read, in which Rev. S. G. Lawson, was charged with covenant breaking. Rev. Mr. Maclennan, for the prosecution, then read Mr. Lawson's solemn promise, over his own signature, in the presence of a witness, to retract certain charges made by him against Mr. W. d! Iduced by libel the accuracy ian," of a 1 of these ?s. Rev. 3 to offer )lied that cKinnon, i that the ructed to 5t of the dence to :he libel, nt. (See oceed at citations nduct of cite the Lawson al, it was man and md they Lawson's ^hen the printed A.) Rev. S. ev. Mr. solemn witness, W. D. Stewart, Mr. Maclennan, also read an article from the " Presbyterian " newspaper, dated August fifth, one thousand eight hundred and eighty, purporting to be a retraction of the charges made against W. D. Stewart, but which the prosecution claimed to be a repetition of the charges in an aggravated form. SAME DAY AND PLACE, At ^alf-past seven, p. m. Rev. Mr. Maclennan, proceeded with documentary evidence in support of the first count, and read some extracts from the address of the Chief Justice to the Jury, in a case of slanderous libel brought by Mr. W. D. Si e wart, against Mr. Lawson, arising out of the retraction published in the " Presbyterian " of August the fifth, one thousand eight hundred and eighty. This closed the documentary evidence for the prosecution, under the first count. Mr. Lawson was then heard. He gave evidence as to what occurred between himself and I\!r, Stewart's Attorney. He Mr. Lawson, affirmed that when he signed the agreement to retract the charges referred to, there was a mutual understanding between himself and said Attorney, Mr. Malcolm Macleod, that he should have the privilege of accompanying the retraction with certain undefined explanations. He was then examined by Messrs. Maclennan and MacKinnon, and also by other members of Presbytery. The testimony is taken down separately as also that of other witnesses, and ordered to be kept in retentis. Mr. Lawson's testimony was then read in his hearing and signed by him. Mr. W. D. Stewart, was then put on oath and examined as a witness in support of the first count. He was examined by Messrs. Maclennan and MacKinnon, and cross examined by Mr. Lawson. His testimony was then read to him and signed by him. ST. JAMES' CHURCH, Charlottetown, May 4TH, 1 88 r . Rev. Mr. Allan was appointed to assist Mr. Lawson, in his defence in the case before the court. 8 1 Mr. VV. D. Stewart, laid on the table correspondence between himself and Mr. Lawson, and Mr. R. M. C. Stavert, of Summerside. These letters were read, and had reference to business transactions in the Union and Summerside banks. Agreed that in order to facilitate the fullest inquiry into the matters at issue, Mr. Stewart be requested to consent to the asking from the Summerside and Union Banks, the production of any evFBence bearing upon this case which they may have in their possession. Mr. Stewart assented to this request on the following conditions, viz. :— First, that he be permitted to examine and cross examine the witnesses produced by Mr. Lawson. Second, that he be allowed to address the court before the case closes. Third, that the confi- dential clerk of Pidgeon & Stewart, Mr. Neil MacKenzie, be brought before this court, and his evidence take •. in the case. The Presbytery accepted Mr. Stewart's conditions and ordered the clerk to cite Messrs. Robert M. C. St'.vert, George Macleod and Neil MacKenzie ; the expenses connected with these witnesses to be borne by Mr. Lawson. Rev. S. G. Lawson, was again called to the stand and e second count w r- f J l'™^«"' by the followmg vote viz • vv™ c . H. Crawford, J. M. Macleod, Wm Framr vv V^ ^''°"' Gunn, Charles Fraser W Pa' u? ' ""• ^■■^"'' §. C. Geo. MacmiUan, Wm' a' m ^'■'''''''."'''' J°hn Macdonald, Henderson, Alex! M!cKinl'^^rHD"'r'r "''"•^• elders. Dr. Murray, alone dTdine, ?^'' '^''''- ^^^«"^°"- decision, Mr. Lawson protested dated" l"'" ^'""' *'' craved extracts. ' "^'^ '^^^^ '° appeal, and ZION CHURCjTcharlottetown, Xhe Clerk reported that he had receiv^H lu t reasons, for appeal from the deoktn r o u ' ^"'""'^ first two counts. The reasons .? "i ^'''^y'^^y^ °" 'he were read, when on Jt ^P eXS Tv "^ '^^' ^°""' the reasons read, because of the offen ^ , '^ •° '"''P' they were expressed, and in ima edt Mr L?"'' 'V'''^ was at liberty to reconstruct htl ^''"°"' '''^' ^e the objectionable languTgt '^'''''' '""°""^ "^"^f^°™' The reasons connected wi'<-h fk« Jen up, but duringlenLl;The:r'lT''^'; adjournment arrived, and the Presbytery Id^urned "' SAME DAY AND PLACE, Resumed the reading of Mr T n "''^"''''"' "'°' P' "'• from the decision of !he P sbvtron tT"" "' "''''''' These reasons i„ their nresenTf ^' , ^'^ """""^ "'""''■ to receive, but appo::terM Irtl'li: ^rrJH. '^-'-'^ assist Mr T nw-nn ••^ -. • -- "^ MacKinnon, to . ...r. i.a\v,on xn preparing his reason,^ ' KesLimed the consideration of th^ i;k when Rev. Mr. Maclennan re/d the '' -'V'^^^"^^ ^^^- ^^^-^""^ "' read the third count, vU. : " That I Mr. » > ,> 1 the IS Ste\ extr disl- ten( J. t gres the 13 5 meeting, from the ter a few nd count m. Scott, nt, S. C. icdonald, Hon. K. ^erguson, nst this eal, and >8t. -awson's on the t count accept which hat he re from, 3 then ur of ppeal, :ount. lined ni, to v'son, That • > Mr. Lawson, as Editor and Proprietor of the newspaper, styled the " Presbyterian and Evangelical Union," has frequently published letters and unchristian attacks upon the character of individuals, ministers and members of the church, without sufficient grounds to justify such attacks, and that he has manifested a vindictivenesss of spirit wholly inconsistent with the professed object of his paper, and that he has mixed up in a manner injurious to religion, partizan, political discussions and religious articles. Rev. Mr. Maclennan, also read an article from the Presbyterian, of date January sixteenth, one thousand eight hundred and seventy-nine, entitled " The unjust Stewart," in reference to the building of the Lunatic Asylum, and the *' Fleetwing." Mr. Lawson, was then heard, in support of the charges of fraud and dishonesty which he had in the paper read, made against Mr. Stewart. The Presbytery then adjourned, to meet this evening in this place, at half-past seven o'clock. SAME DAY AND PLACE, At half-past seven, p. m. The Presbytery met and was constituted by the Moderator. Sederunt ut Supra with the addition of Alexander Stronach, Esq., the minute of the afternoon sederunt was read and approved. Mr. Lawson, continued his defense of his attacks on VV. D. Stewart, in reference to the building of the Asylum. He read extracts and various statements, relating to Mr. Stewart's alleged dishonesty, referred to an affidavit from Alex. Simpson, Esq., tendered letters from Richardson's Manufacturing Co., and from J. H. Eraser & Co., indicating evidence which he believes will greatly strengthen his case if a commission be granted to take the evidence of those parties. These letters were referred to a committee consisting of Revs. Dr. Murray, James Allan, Archibald, Mason and Grant, to consider and report as to whether the commission should be granted. The committee had leave to retire, and Mr. Lawson continued his defence. After an intor'/al the committee unanimously reported against granting IS ^- lii u the commission, but recommended that Mr. Lawson be allowed to bnng Mr. E. J. Hodgson, to the witness stand, he having been adopted. Mr. Lawson protested against this finding. Mr. Robert Lawson of Little York, was then examined in reference to alleged wrong in business transactions, between hm,self and Mr. W. D. Stewart, in support of one of the charge" made agamst Mr. W. D. Stewart, by Mr. S. G. Lawson. ,n !!''■ ^T" '•''''f '^ ' "'""*='' ''"""8 '^^"""o^y i" reference to he "Jleetwu^g" would be heard. It was ruled that the Fleetwmg matter had been closed and that Mr. Lawson havmg appealed against the decision of Presbytery, and given his reasons of appeal, had virtually placed it beyond the power of the Presbytery to reopen this count of the libel. Against this ruhng Mr. Lawson protested. '^gdmsi tnis There being no further evidence the parties were removed from the, bar and Rev. Mr .^llan was heard in defence of Mr Lawson. bel!!rf ,.''"'""".'""' MacKinnon were then heard in behalf of the prosecution. Mr. Lawson here rose and affirmed that he had received a "most iniquitous trial" before this resbytery. This remark was made by Mr. Lawson in response to a question put to him through the Moderator, by Rev Mr frame. On motion the offensive words were taken down It was on motion agreed to allow Mr. Lawson to retract these words ; he accordingly did so. It was then moved, seconded and resolved that the third count in as far as Presbytery travelled in, it has been proved, tor tins resoluuon there voted Rev. VVm. Scott, Wm. R. Frame, MKhfn '^'^^""'."™-. Kenneth Henderson, and Alexande McKtnnon. Against this resolution, none. "Against this H..isi.n M.,awson protested, asked leave to appeal and craved e'xtoct;.' in ,t ^^7 "" '''''^°"™'^"^ '° "'''' '"■™°"™ ■corning in the same place at nine o'clock. % Til Mod( The T\ his 1 prep: Mac! ans\\ R It w the part new: seve in Mac one is s] the eigV reac eigl Mr. evi( add froi the : the I pre r evi Ml %. 15 )e allowed aving been eived and • imined in , between le charges reference that the Lawson nd given power of ainst this removed e of Mr. leard in affirmed 'ore this response ^ev. Mr. :>wn. It -t these le third proved. P>ame, :MiIlan, exander lecision ;xtracts. norning SAME PLACE, May 1 8th, 1881. The Presbytery met and was constituted with prayer by the Moderator, sederitni ut Supra with the exception of Dr. Murray. The mnute of the last sederunt was read and sustained. The committee appointed to aid Mr. Lawson in prepairing his reasons of appeal, reported that the reasons were now prepared. These were read and approved, and Messrs. Maclennan, Archibald, and Dr. Henderson appointed to prepare answers to them and to report at this , meeting. Resumed the consideration of the third count of the libel. It was agreed to take up Mr. Lawson's attack on Mr. Harper of the Normal School. Rev. Mr. Maclennan in support of this part of the libel, read extracts from the "Presbyterian" newspaper, of date May first, one thousand eight hundred and seventy-nine, in which he declares Mr. Harper to be unsound in his theological views and deficient in education. Mr. Maclennan also read from *' Presbyterian " of date May third, one thousand eight hundred and eighty, in which Mr. Harper is spoken of as an '' educational sham," also read an article from the same paper, dated April the twenty-second, one thousand eight hundred and eighty, headed the " biter bitten." He also read from the issue of Presbyterian of May sixth, one thousand eight hundred and eighty, an article entitled " brazen impudence.'' Mr. Lawson was then heard in his defence, but produced no evidence to support the attacks referred to in the papers adduced by the prosecution. He offered as testimony a letter from Rev. Mr. Roseborough, of Musquedoboit Harbor. But there being no evidence to prove the genuineness of this letter I the court refused to receive it. Against this ruling Mr. Lawson I protes'-;id. There being no other witnesses to examine, or documentary evidence to produce, the Rev. Mr. Allen was heard in defence of Mr. Lawson. Mr, Lawson declined making any defence. Messrs. 16 Maclennan and McKinnon were heard for the prosecution,— members of Presbytery having briefly reviewed the evidence on this part of the third count,— it was moved and seconded that the Presbytery declare this part of the count proven. On vote being taken, there appeared for the motion— Rev. Wm. Scott, Wm. R. Frame, Wm. Grant, Wm. P. Archibald, E. S. Bayne, John Mc- Donald, George McMillan, W. A. Mason; and Hon. Dr. Render- son.— Nine. Against the motion were— None. Two declined voting. Mr. Lawson protested, claimed the right to appeal, and craved extracts. It was then Moved by Rev. Wm. R. Frame, Seconded by Rev. >Wm. A. Mason, and Resolved by the same vote as recorded above, "That the third count in the libel has been virtually proven so far as the Presbytery has investigated into the count itself, the Presbytery, therefore, deem it unnecessary to travel further in this matter, but judge the whole count to be proven. Mr. Lawson protested against this finding, claimed the right to appeal, and craved extracts. The Presbytery, after careful investigation, having found all three counts of the libel proven, resolved to declare, and hereby do declare the conduct of Stephen G. Lawson, in the matters proven, to be unworthy of a minister of the Church, and severely punishable according to the laws of the Church and the word of God; and in view of all the circumstances of the case are of opinion that Rev. S. G. Lawson should be removed from the ministry of this Church. On the vote being taken, there ap- peared in favor of the finding— Rev. Kenneth xMaclennan, Wm. Scott, John McKinnon, Wm. R. Framfe, Wm. Grant, Wm. P. Archibald, E. S. Bayne, John McDonald, George McMillan, Wm. A. Mason and Hon. Kenneth Henderson, M. D.— Eleven. Against the finding— Rev. James Allen,— one declining to vote. Against the final finding of Presbytery Mr. Lfiwson protested claimed the right to appeal, and craved extracts. The Rev, Messrs. Kenneth Maclennan, John McKinnon and Dr. Henderson were appointed to represent the Presbytery before Synod, in this appeal from the decision. 17 PART II. The case having come before the Synod of the Maritime Provinces, at its meeting at New Glasgow, N. S, May-June 1881, by the appeal of Mr. Lawson! it was reported to a committee which gave some time to the consideration of the matter and reported as follows, viz. : — That they find it utterly impossible, with the time at their disposal, to do anything like justice to the case; that they have resolved'therefore to sist pro^ ceedings, and to recommend the Synod to appoint a Commission with Synodical powers to issue the case, which Commission shall meet at Charlottetown, not earlier than the second Tuesday in August next. On Motion, it was agreed that the recommenda- tion of the Committee be adopted.— (See minutes of Synod, page 15.) In accordance with the above resolution, the Synod's Commission met in Charlottetown, on the second Tuesday of August, 1881, and after being occupied several days with the case, came to the findings hereto annexed.— (See Appendix C.) From certain of these findings the Presbytery appealed to the General Assembly, and gave in reasons of appeal.— (See Appendix D.) 18 APPENDIX A. In the Supreme Court. William Dunbar Stewart, Plaintiff. and Stephen George Lawson, Defendant. The parties agree to settle the suit as follows : (i.) The Defendant withdraws the charges preferred by him against the Plaintiff in regard to the " Fleet wing," and inasmuch as said charges were published in his paper the " Presbyterian," he in justice to Mr. Stewart agrees to publish a retraction in the same papers as follows. " Referring to a suit now pending in the Supreme Court wherein Mr. William D. Stewart is Plaintiff and we are Defendant, arising out of certain charges made against Mr. Stewart in connection with the " Fleetwing " and his late partner James M. Pidgeon, we retract any accusation we may have made, charging Mr. Stewart with any connection or knowledge of the bills of lading, cargo, or transactions concerning that vessel or a fictitious vessel so called, or of being concerned directly or indirectly in any act of the said James M. Pidgeon, respecting the " Fleetwing" and we now withdraw all such accusations." (2.) The Defendant is to pay all Plaintiff's costs as between Attorney and Client (the costs between Attorney and Client not to exceed fifty dollars) and to be in addition to the taxed costs, so that Mr. Stewart may be fully and absolutely indemnified against all costs or outlay of any description, by reason of his having brought this action, and in order that all fees and money he has already paid may be refunded to him. (3.) After publication of above retraction and payment by the Defendant of Plaintiff's costs as above, this suit is not to be further prosecuted. Dated this fifth day of July, A. D., 18S0. Witness to the signature of (^ S. G. Lawson, j (Signed) Stephen G. Lawson. (Signed) Neil MacLeod. 19 I do hereby certify that the above and foregoing paper writing IS a true copy of the retraction of libel in suit William D. Stewart vs Stephen G. Lawson, and on which the said suit was settled. Given under my hand and the seal of the Supreme Court this 3rd day of May, 1881. ^'^' (Sigd.) James Irving, Deputy Prothonotary. APPENDIX B. St. JAMES' CHURCH, Ci.arlottetown, PRINCE EDWARD ISLAND. March ist, 1882, 11 o'clock, a, m. The Presbytery of P. E. Island met and was duly constituted with Prayer by the moderator. Inter Alia. ^ "The Committee appointed to frame a libel against Rev. Stephen George Lawson submitted a draft which, with certain additions and amendments, was approved and adopted by the Presbytery, and the clerk instructed to furnish Rev. Stephen (ieorge Lawson with a copy of said libel, and also with a list of witnesses to be called, and the documentary evidence to be addu- ced by the Presbytery, and to cite him to appear for his interests at a meeting of this Presbytery to be held on 3rd day of May, at 1 1 o'clock, in the old St. James' Church, Charlottetown." The above extract is taken from the minutes of Presbytery, and transmitt^ to you by order of Presbytery. You, Rev. Stephen George Lawson, will therefore regard yourself cited to appear for your interests before the Presbytery of P. E. Island, on the date and at the place above mentioned. JOHN M. McLEOD, ' Presbytery Clerk. Copy of Libd against Rev, S, G. Lawson, by the Presbyterv of P. E. Island. -^ / Mr. Stephen George Lawson, of the City of Charlottetown a Ministei the Presbyterian Church in Canada, under the care of the Presbytery of P. E. Island. 20 You are indicted and accused at the instance of the said Presbytery; that albiet by the word of God and the laws of the Presbyterian Church in Canada, covenant breaking, slander, and the publication of statements and principles hurtful to public morals, to the interests of the Church and to the cause of religion, are offences of a heinous nature, unbecoming the character and sacred profession of a Minister of the Gospel, and severely punishable by the laws and rules of this Church; yet true it is, and of verity, that you, the said Stephen George Lawson, are guilty of the said offences, inasmuch as 1. That on or about the fifth day of July last, you solemnly engaged to retract certain charges made against Mr. William Dunbar Stewart, in connection with the " Fleetwing," and his late partner Mr. James M. Pidgon ; and on the fifth day of August last, in the issue of your paper of that date, while professing to fulfil said covenant, you violated the same h^ repeating the charges referred to in a more aggravated form. 2. That on several occasions, as in the issues of your news- paper of following dates, viz: January i6th, 23rd, 3otb, 1879. February 6th, 1879, ^^d August 5th, 1880, you published charges of dishonesty and complicity in fraud against William Dunbar Stewart; and that notwithstanding repeated opportunities given you, in suits instituted against you in the- civil Courts, by said William Dunbar Stewart, you have failed to adduce any evidence in support of said charges. 3. That as editor and publisher of the newspapeni»styled the "Presbyterian and Evangelical Union," you have frequently pub- lished bitter and un-christian attacks upon the character of indi- viduals — Ministers and members of this Church — without sufficient ground to furnish justification for such attacks; and that you have manifested a vindictivness of spirit wholly inconsistent v/ith the professed object of your paper, and that you have mixed up in^a manner injurious to religion, — partizan political discus- sions, and religious articles,— all of which, or part thereof, being confessed by you, or being proven against you, the said Stephen George Lawson, by the Presbytery of Prince Edward Island, before 21 It IS, which you are to be tried, you the said Stephen George Lawson ought to be punished according to the rules and discipline of the Church, and the usages observed in cases, for the glory of God, the edification of the Church, and the terror of others holding' the same sacred office. Signed at Charlottetown, Prince Edward Island, in name, presence and by appointment of the Presbytery of Prince Edward Island, this first day of March, one thousand eight hundred and eighty one, by N. McKay, Moderator. John M. Macleod, Clerk. Memo, of evidence proposed io be adduced in support i]f the libel to 7vhich this paper is attached. First Count. 1. Copy of agreement to retract certain charges against Mr. \\\ I). Stewart, of date July 5th, 1880. 2. Copy of "Presbyterian" newspaper of date August 5th, 1880. Second Couni. \VlTN ESSES — Mr. VV. I). Stewart, Charlottetown, P. E. Island. Rev. W. R. Fraiie, Mount Stewart, P. E. Island. Rev. Kenneth Maclennan, Charlottetown, P. E. Island. Mr. F. W. Hyndman, Charlottetown, P, E. Island. Documents (in addition to those mentioned in body of the Libel) ' I. Copy of agreement to retract certain charges against Mr. \\\ J). Stewart, of date July 5th, 1880. 2. Copy of "Presbyterian" newspaper of date August 5th, 1880. 3. Copies of papers connected with the suit of William Dunbar Stewart against Stephen George Lawson, in the months of January and February, 1881. Lhird Count. I. CoDv of ''Presbyterian" newspaper of date 16 879. January, 2. Copy of" Presbyterian '" newspaper of date i6th May, 1878. " Reply to Clericus." n 3. Copy of " Presbyterian " newspaper of date 23rd M-xy, 1878. " The Clericus matter." 4. 5. 6. 7. 8. 9- 10. 1 1. 12. *3- 14. 16. 17. 18. 19. 20. 21. Copy of " Presbyterian " newspaper of date i st May, 1879. do do do do do do do do do do do do do do do do do 22nd April, 1880. 29th April 1880. 2nd October, 1880. 23rd October 1880. 6th May, 1880. 10th May, 1880. 13th May, 1880. 20th May, 1880. 7th June, 1880. 17th June, 1060. 1 6th July, 1880. 2nd September, 1880. 23rd September, 1880. :ery as set forth in record of their proceedings, adjudicated <'^nd gave judgment on the. relevancy of this part of the libel a matter on which the Presbytery had, after full consideration 23 ."> and m accordance with the laws of the Church, come to a conclusion sustaining the relevancy, without any objection being entered or appeal taken against it by Mr. Lawson. 2. Were it granted that the commission had a right to travel beyond the record, and consider the question of relevancy, (there having been no appeal taken thereanent) yet the matter dealt with under this count, viz. : (ist) Malicious slander, which by Its frequency and persistency had become habit and repute, and (2) the incongruous admixture in newspaper articles of things sacred and profane, even to the extent of profanity, rendering mto parody portions of the word of God, for the purpose of blackening the character of an opponent, are offences against ministerial propriety, sufficiently grave to be dealt with in the form of a libel. 3. The laws of the church do not sanction the trying of a minister of the Gospel, for any graver offence when he persists m denying his guilt, ^otherwise than by libel. The Presbytery felt constrained to deal with the matters contained in this count, as they had dcme, otherwise they would have been forced tci allow graver offences which had been matters of public notoriety and scandal, to pass unnoticed. For the alternative they chose they cannot admit that their conduct justly merits the condemna- tion implied in the finding of the commission. II. The Presbytery indicated their judgment in the circum- stances finding grave offences proven, the circumstances being unusual, they felt embarrassed as to the precise way in which their judgment could take effect, inasmuch as Mr. Lawson had been for years in the anomalous position of holding an office without discharging the functions of that office, or the church's sanction to his cessation from the performance of said office. 2. While it was competent for the Presbytery to have proceeded a step further, had they seen their way to do so they do not see that they were required to do so, in the circumstances in which they found themselves placed or thai their reframing from doing so, necessarily renders void the action they did take. 24 3- The appeals taken would have prevented the Presbytery from giving effect to any more distinct or definite judgment, or indeed to any judgment whatever. III. Reasons of appeal against the final finding of the commission. i. Rebuke at the bar of the commission without regard to the t:haracter, terms or circumstances of said rebuke, would be a sentence utterly inadequate, in view of the offences of which even b> the findings of the commisaion, and Mr. Lawson's own admissions, he has been found guilty. 2. Such rebuke would be wholly inadequate as an expression of the church's disapprobation of the offences committed, some of them having been committed under circumstances which add greatly to their gravity, having caused a scandal which so light a sentence would fail to wipe out. 3. There is no provision for a profession of repentance or pro- mise of amendment in the matters complained of, and for which he was put on his trial, on Mr. Lawson's part, and thus no ade- (luate security against the commission of like offences in the future, "whereby the peace of the church and the honor of religion world continue to be injured through the unworthy conduct of a christian minister. 4. The commission have failed to take into account all the facts presented to them, and to find proven the various offences charged to the extent which said facts would warrant, and there- fore their Judgment and Sentence are inadequate. 5. The commission fail to provide for carrying out any sentence otherwise than by placing it on record, or by formally announcing theu- finding, inasmuch as thy merely authorize their chairman to take certain action thereanent, but do not require or appoint him to do so. 6. The vague nature of Mr. Lawson's relation to the church as one of its ministers, makes admonition, censure, or rebuke to be in his case a trifling matter, compared with the case of a minister engaged in the Church's active work. ./' yi ^ *4 f M k 25 '/' the ;%?« JN ^4 f ^ V Foi the above and other reasons, the Presbytery hold the findings of the commission unsatisfactory and claim that they be set aside. Signed on behalf of the Presbytery of Prince Edward Island. JOHN McKINNON, One of the representatives of the Presbytery in the case. Charlottetown, P. E. L, Sept. 5th, 1881. APPENDIX D. At Charloitktown, P. E. Island, and within Zion Church, the 1 2th August, 1881. The Commission appointed by the Synod of the Maritime Provinces in the case of Rev. S. G. Lauson Versus the Presbytery of Prince Edward Island, met at half-past seven o'clock m the evening, and was duly constituted. I//kr alia. Pleadings in the case being closed, the Commission deliberated and agreed upon a decision, whereupon parties were called, and being present the Convener read to them the decesion arrived at, to wit: — 1. Dismiss the Appeal and sustain the finding of the Presbytery in declaring Mr. S. Cr. Lawson guilty of covenant breaking. 2. Sustain the Appeal on the ground that, whilst Mr. Lawson has proved neither dishonesty nor complicity in fraud against Mr W n. Stewart, the Presbytery refused to grant Mr. Eawson a Commision by means of which he alleged he could obtain proof o'f the charges made by him. On being asked, both parties acquiesced in this findmg. 3. 'I'he Commission, without sustaining or respecting this Appeal,- and while strongly condemning not a little of Mr. Lawson's spirit and mode of expression,-yet, do not in the cir- cumstances regard the matters referred to worthy of being dealt with by the Presbytery in the form of a libel. 4«minst this finding the Presbytery protested and appealed to the Ceneral Assembly. 26 4. Decline to sustain the Appeal, or to aftirm the judgment of the Presbytery, on the ground the finding appealed against is not a judicial act which, in the circumstances it should have been, but an expression of opinion on the part of the Presbytery. Against this finding the Presbytery i)rotested and appealed to the (ieneral Assembly. 5. The Commission, in view of all the facts of the case, find that Mr. S. G. Lawson deserves rebuke at the bar, and hereby authorize the Convener to rebuke him and warn him to walk more guardedly in future. Against this finding the Presbytery protested and appealed to the General Assembly. I'hirty days were allowed for handing in reasons of Appeal. Extracted from the minutes of the Synod's Commission by me. (Signed) ALLAN SLMPSON, Charjpttetown, P. E. Island, ] Secretary. August 15th, 188 1. / iu\ m a i'' 1/