-
Articles/Ads
Article THE APPEAL OF BRO. JOHN LEE STEVENS ← Page 3 of 6 →
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
The Appeal Of Bro. John Lee Stevens
calling for the evidence , that being the only mode whereby they could learn if the Board had formed a correct judgment ; and it was of the utmost importance in this case , because the principal , ground of appeal was , that the decision was directly contrary to the evidence . He contended further , that if the Grand Lodge relied upon analogy to the law of the land , then the evidence ought to be produced ; and he instanced the courts of appeal in the ecclesiastical jurisdictions . The Court of Chancery as a court of appeal
from the Vice-Chancellor or the Master of the Rolls ; and the Plouse of Lords as a court of appeal from Chancery ; all of which courts always read the evidence produced before the inferior court ; and , by analogy , Grand Lodge would have the same power . Therefore , both according to law and common sense , Grand Lodge was bound to look at the evidence produced to the Board of General Purposes . Brother HENDERSON , Past G . R . and Vice-President , of the Board of General Purposessaidhe agreed in the construction that had been put
, , upon the Constitutions by the learned Grand Registrar ; and would ask the Grand Lodge to consider the great inconvenience that would result from going into the evidence , which he believed took many days in examination , although he would not use this as an argument , for , if the Brother had a right to conduct the appeal in this way , no argument arising from inconvenience ought to interfere with the right . But an appeal of this kind was in the nature of a writ of error , and no objections could be taken that did not occur upon the face of the sentence itself . And then the inconvenience
would be manifold . Not to admit evidence on the appeal was consistent with the proceedings of the superior courts . This was not a case of new trial , where the matter was referred back to be reviewed . The case must be taken as it was reported by the Board , whose decision on the question was
final , and binding on Grand Lodge / It was therefore evident that the only objections that could be entertained were those that were apparent on the proceedings . * Brother J . C . BELL stated that he challenged the learned and Very AVorshipful Grand Registrar to show a single instance in the case of appeal iu which the evidence was not gone into . The question was most important , as regarded not only the present case , but as a precedent in future cases . The whole of thc arguments against considering the evidence in the appeal
were arguments as to the expediency , and not as to the justice , and he hoped the Grand Lodge would pause , and not on a mere question of expediency or personal convenience , come to a decision which would most unjustly shut out the consideration of the principal points ofthe case . As it was stated law was the perfection of reason , it would be most unreasonable , and therefore mostiinjust , to shut out the consideration ofthe evidence on which the whole case depended . He appealed not only to the Grand Registrar , but also to the two learned predecessors of that officer , whose practice in the courts had
made them more particularly conversant with such questions , that in all cases , and in all courts , from the lowest to the highest , when an appeal was given the evidence was gone into ; whether it was an appeal from the conviction of magistrates to the quarter sessions , from the quarter sessions or any inferior court to the Court of Queen ' s Bench , from the Vice-Chancellor to the Lord Chancellor , or from the Lord Chancellor to the Plouse of Lords , in all rases the witnesses were either examined , or the evidence taken in the court appealed from was transmitted . The analogy iu this case was greater
between the trial of a fact sent by one of the superior courts to a jury for decision , in which one of the parties felt aggrieved and applied for a new trial . In that case the court had the notes of the learned judge who presided at the trial , subject to correction by the notes of the counsel engaged
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
The Appeal Of Bro. John Lee Stevens
calling for the evidence , that being the only mode whereby they could learn if the Board had formed a correct judgment ; and it was of the utmost importance in this case , because the principal , ground of appeal was , that the decision was directly contrary to the evidence . He contended further , that if the Grand Lodge relied upon analogy to the law of the land , then the evidence ought to be produced ; and he instanced the courts of appeal in the ecclesiastical jurisdictions . The Court of Chancery as a court of appeal
from the Vice-Chancellor or the Master of the Rolls ; and the Plouse of Lords as a court of appeal from Chancery ; all of which courts always read the evidence produced before the inferior court ; and , by analogy , Grand Lodge would have the same power . Therefore , both according to law and common sense , Grand Lodge was bound to look at the evidence produced to the Board of General Purposes . Brother HENDERSON , Past G . R . and Vice-President , of the Board of General Purposessaidhe agreed in the construction that had been put
, , upon the Constitutions by the learned Grand Registrar ; and would ask the Grand Lodge to consider the great inconvenience that would result from going into the evidence , which he believed took many days in examination , although he would not use this as an argument , for , if the Brother had a right to conduct the appeal in this way , no argument arising from inconvenience ought to interfere with the right . But an appeal of this kind was in the nature of a writ of error , and no objections could be taken that did not occur upon the face of the sentence itself . And then the inconvenience
would be manifold . Not to admit evidence on the appeal was consistent with the proceedings of the superior courts . This was not a case of new trial , where the matter was referred back to be reviewed . The case must be taken as it was reported by the Board , whose decision on the question was
final , and binding on Grand Lodge / It was therefore evident that the only objections that could be entertained were those that were apparent on the proceedings . * Brother J . C . BELL stated that he challenged the learned and Very AVorshipful Grand Registrar to show a single instance in the case of appeal iu which the evidence was not gone into . The question was most important , as regarded not only the present case , but as a precedent in future cases . The whole of thc arguments against considering the evidence in the appeal
were arguments as to the expediency , and not as to the justice , and he hoped the Grand Lodge would pause , and not on a mere question of expediency or personal convenience , come to a decision which would most unjustly shut out the consideration of the principal points ofthe case . As it was stated law was the perfection of reason , it would be most unreasonable , and therefore mostiinjust , to shut out the consideration ofthe evidence on which the whole case depended . He appealed not only to the Grand Registrar , but also to the two learned predecessors of that officer , whose practice in the courts had
made them more particularly conversant with such questions , that in all cases , and in all courts , from the lowest to the highest , when an appeal was given the evidence was gone into ; whether it was an appeal from the conviction of magistrates to the quarter sessions , from the quarter sessions or any inferior court to the Court of Queen ' s Bench , from the Vice-Chancellor to the Lord Chancellor , or from the Lord Chancellor to the Plouse of Lords , in all rases the witnesses were either examined , or the evidence taken in the court appealed from was transmitted . The analogy iu this case was greater
between the trial of a fact sent by one of the superior courts to a jury for decision , in which one of the parties felt aggrieved and applied for a new trial . In that case the court had the notes of the learned judge who presided at the trial , subject to correction by the notes of the counsel engaged