SPECIAL MEETING OF AUCKLAND PRESBYTERY.

New Zealand Herald, Volume XVIII, Issue 6164, 19 August 1881, Page 3

SPECIAL MEETING OF AUCKLAND PRESBYTERY.

SERIOUS CHARGE AGAINST REV. T. "W. DUNN.—HIS COMPLETE ACQUITTAL. A BFECIAL meeting of the Auckland Presbytery was held yesterday forenoon, at 10 o'clock, in order to hold an inquiry into a charge of seduction preferred against Mr. T. W. Dunn (student), now labouring in the Pukekohe district, and formerly of St. David's Church, Upper Symonds-Btreet. ' The following were present: Rev. T. Norrio (Moderator),: Revs. James Bruce, A. W. Carrick, G. B. Monro, R. F. Macnicol, J. Haoky, R. Sommerville, A. Thompson, Mr, T. W. Dunn, Miss Elizabeth Jane Doull (the alleged victim of seduction), Mrs. Doull and David Doull (mother and brother of Miss Doull), and Mr. McElwain. The Presbytery waa duly opened by the Moderator reading a portion of Scripture and devotional exercises. The OiSBK (Rev. R. Sommervile) read the minutes of last meeting of Presbytery relating to th» affair, which now came before the Presbytery on a reference from the session of St. David's (of which the Rev. A. Carrick was convener). He also read copy of letter sent to Mrs. Doull, acquainting her of the charge in which her daughter and Mr. T. Dunn were concerned, and summoning the parties to appear before the Presbytery with their witnesses. It would be necessary at the outset to decide the course of procedure, and as to whether the enquiry should or should not be made in open Co*rt.

The Rev. Mr. Rdnoihan thought it was unusual to make public evidence concerning a member of the Church in a caße of private discipline. Of course, Mr. Dunn, as a 'student, and fulfilling ministerial duty, stood in a somewhat diSerent position, still he thought it unwise.. Some time ago a charge of falsehood was laid against certain parties, and the publication of the proceedings would have caused great wrong to the peisons conoerned. Indeed, he was not sure that an action at law would not have lain under the circumstances. He saw no good object to bo served by holding an open court. Both accuser and accused were present, and could write communications to the public journals if they desired publicity. The Rev. J, Mackt endorsed, to a large extent, the views of Mr. Runciman. The Presbytery was, however, to some extent ignorant of the circumstances surrounding the case. It had yet to be seen whether the evidence was relevant to the oharge, or was likely ,to lead to a clear and definite finding. The Rev. G, B. Monro said the evidence mußt be before them before they could decide as to its relevancy or otherwise. Publio morality had to be .considered, and on that ground he was disposed to oppose an open inquiry. The Rev. A. Cakrick explained that tho position of the Session of St. David's was ono of neutrality on the question of a public or pri-1 vate inquiry. Ou the score of publio morals it might be undesirable to hold open court or give publioity to tho evidence.; But the session had nothing to fear from tho strictest investigation, whether made publicly or privately ; in fact, they courted the fullest inquiry into their action and conduct.

The Rev. R. F. Macniool said the circumstinces of tbe case were very peculiar, and placed the Presbytery in an embarrassing position. Mr. Dunn held an anomalous position. He had been dealt with as a privato individual by the Session of St. David's, but in that Court he appeared as a student of the Presbytery, fulfilling ministerial duty. Ho had been regarded by the public aB a pastor, and that made it necessary to hear the caso epenly, This fama ctamosa had been in the mouth of everyone. If the enquiry were made a private one, a portion of the public would adhere to the belief that the Presbytery were averse to a thorough investigation. He thought no harm could be done by holding the enquiry in open Court. In the interest of public morality the Press would exercise a judicious censorship over the evidence, so as to do as little harm as possible. Feeling its responsibility for tho moral consequences it would no doubt exercise a wise discretion as to the portions of evidence to be published.

The Kev. Mr. Sommerville was of opinion that their sole duty in the matter was to obey their ecclesiastical laws of the Church without reference to the views or desires of outsiders.

Tho Kev. Mr. Mackt remarked that the Press exercised such discretion now in oases tried before the Supreme Court, in which tho evidence was unfit for publication.

The Rev. Mr. CaRRICK B.iid the session of St. David's had been put under the stigma of suppressing matters concerning this case. He said boldly there had been no suppression, and there would bo none, so far as it was concerned. The determination of the Presbytery, however, to hoar the evidence with closed doors might possibly give a seeming colour to the imputation.

The Rev. Mr. Rdnciman observed that the of the Chnrch were decisively against a public investigation, and ho for one was disposed to yield a loyal obedience to them. The publication of the evidence ho was afraid could do no more harm than had already occurred through the rumours which had been publicly circulated in the community, and which were on everybody's lips. If it were decided to hold an open Court, he would address an overture to to tho General Assembly, to have the procedure in such cases definitely settled for the future.

The Rev. Mr. Macnicol observed that he was fortified in his views by what had just beon uttered.

The Rev. Mr. _ SOMMERVILLS agreed with Mr. Runciman's interpretation of the laws of Jhe Church, All their ecclesiastical rules indicated that the proper course to bo taken was that of private inquiry. Ho was aware both the parties to the charge were present, and wished for a public inquiry, but they had not their desires to consult or consider, but the laws of the Church. Ho read extracts from the Book of Discipline and Moncrieff's " Praotice of tho Free Church of Scotland," and concluded by moving, " That in accordance with Church practice the inquiry be held with closed doors." The Rev. Mr. Monro held that wliilo it was desirable to comply with the Church laws, cases arose of an exceptional oharacter which would justify an occasional departure from them, and in which a public inquiry was desirablo and necessary. A pause ensued, in which Mr. Sommorville's motion was neither Beconded nor an amendment on it proffered.

The Kev. Mr. Carrick at last remarked that if he had made such a speech as that of Mr. Runciman, he would have promptly seconded the motion.

Tho Rev. Mr. SOMMERVILLE said he at leaßt was determined to have the courage of his convictions.

The Rev. Mr. Rdnciman said in that case he would second tho motion. They were not responsible for their action in that Court to the Auckland public, but to Almighty God and their own consciences.

The Moderator then put the motion, whioh was agreed to. Mr. DONSf requested, as he could not writs shorthand, that permission might be accorded to one of the shorthand reporters to. remain, in order to take a full note of the evidence and proceedings. He would probably, need these notes in view of further probable action in. a Court of law. At present he was standing his trial before the public as well as tho Presbytery, and he thought, as a matter of justice, his request Bhould bo conceded. ,

The Rev. Mr. SlSJMErville said that Mr. Carrick was a phonographer,' and might possibly consent to take down the evidence.

The Rev. Mr. Gabriok deolined the suggestion. He desired to have nothing to do with the case in that way, but thought Mr. Dunn's request a fair and reasonable one, and the same privilege should be extended to the other party to the case.

On the motion of Mr. Rdnciman, seconded by Mr. MONRO, the application of Mr. Dunn was granted, one shorthand reporter remaining to take the evidence on- behalf of Mr. Dunn, and another similarly for the Presbytery.

The inquiry w as then commenced, Mr. David Doull being' accorded the favour of remaining in Court with his sister, Miss Doull, but the othir witnesses were required to as well as the representatives of the Press. The following witnesses gave evidence: — Miss Elizabeth Jane Doull (who' promoted the charge), Mrs. Cecilia Doull, Mr. David,Doull, and Mr. and : Mrs. Nyberg. Mr. Dnnn was examined with., regard to only one; point in the oase.

The Court then proceeded to consider the matter before taking the defence, and after a

short conference tbo following finding WAB agreed to unanimously; on the motion of Mr. J&unoucah, seconded by Mr. Brook "The I. resbytery having examined witneases. and having carefully considered the case, find "L lb at no evidence has been adduced by Elizabeth Jane Doull in support of her averment that Thomas William Punn was guilty of fornicau 0 .i 6 r" 2- That the ad t*i anions made by Elisabeth Jane Doall, in thesesslon, as to her own character, and the gross contradiction* in the statements made by her to the Presbytery, destroy the trustworthiness of her averment that Thomas William Dunn was the father of the child, 3. That no stigma rests on the character of Thomas William Dunn, and that the Presbytery express their profound sympathy with him in the painful circumstances in which he has been placed." Mr. Donn desired to state that there were ia attenaanco several witnesses,' who could ho called to prove an alibi, and who would satisfy the on evidence, that ho could not possibly have been in the society of the girl on the night on which the alleged fornication was deposed by her in her statement to hare taken place.

_ The Modebatob, speaking on behalf of and in the name of the Presbytery, said that it had not been necessary to go into or oonsider Mr. Dunn'd defence. The charges had not been substantiated.

At this stage Mr, Dunn received the personal congratulations of the members of the Presbyj W on tho establishment of his innocence! and the satisf&otory issue of the investigation! so far as he was concerned.

OENEBAL BDBINESS. It was decided to endorse an application to be sent Home from the North Shore district to the Free Church of Scotland, soliciting a grant maid of the stipend of the minister, tho Rev, A. VT. McCallum. A resolution was also carried _ to forward to the Rev. Mr. Sidey, of Napier, & list of the students who contemplato going up for examination, «nd iu favour of exempting Mr, Fulton from attendunco at the classes this session. The Rev. Thomas Norrio, of Papakura, was authorised to moderate in a call, if necessary, from the united congregations of Pukekohe and Pokeno, the charge vacated by Mr. Forbes.