Masonic Trials.

MASONIC TRIALS .

BY A PAST MASTER , S . C . It is the Magna Charta of Masonic liberty "that no Freemason can be punished or deprived of any of the privileges of Freemasonry , except upon violating a law , bye-law , ancient charge , or

landmark ; and that after a solemn trial . " Trial is essential to conviction in all lands , and in connection with . all bodies who profess to be ruled and guided by principles of justice . It is required by the rales and constitution of all

Grand Lodges throughout the world , and is supported by the highest Masonic authorities . " It is the duty of a judge , " says a great Roman orator , "in eveiy cause to seek for truth . " This is the great , the only object of a Masonic trial ;

and hence , m such a trial , no advantage is ever permitted to be taken of those legal and verbal technicalities the use of which , in profane courts , so often enables the guilty to escape . Tin ' s great

principle of Masonic law must never be forgotten in the management of a trial . Every part of the investigation is to be directed with a single view —to the ascertainment of the truth . Masonic trials are therefore to be conducted in the

simplest and least technical method that will preserve at once the rights of the Order and of the accused , and enable the lodge to obtain a thorough knowledge of all the facts in the case . The rules by which such trials are governed are few and easily understood : —

i . The preliminary step in every trial is . the accusation . This , in Masonic language , is called the "Charge . " The charge should always be made in writing , signed by the accuser , delivered to the Secretary , and read by that office-bearer at the next regular communication of the lodge . The accused should then be furnished with an

attested copy of the charge , and be at the same time informed of the time and place appointed by the lodge for the trial . In reference to these preliminary steps , it is necessary to make several remarks . The charge

should set forth the offence witli clearness and certainty , and hence it must distinctly specify the nature of the offence ; and if confined to a single act , the time and place of its commission should be named . A general charge , for

instance , of unmasomc conduct , should also specify the particular nature of the conduct which is said to be unmasonic ; for no one could be expected to answer to so general an accusation , nor to be prepared with evidence to rebut that

of which he is ignorant . No man , in a legal investigation , should he taken by surprise ; but there is no more' certain mode of doing so than to call upon him to answer to an indefinite charge , the particulars of which are only to be

made known at the moment of trial . The charge should be delivered to the Secretary , and by him read to the lodge , because it thus becomes the property of the lodge , and is not subjected , as it would he if retained in the

possession of the accusor , to alterations or amendments , which would alter its character either in word or spirit . A charge having been once made , should retain its original form , and cannot be amended , except with the consent of

the lodge and the knowledge of the accused . For a similar reason , the charge should always be made in writing . An oral charge must never be received . It must be read at a regular communication , because it is to be presumed that at

such communications all the members , and among them the accused , will be present ; whereas the lodge might be taken by surprise if a charge were preferred at a special communication , which is often thinly attended , and at

which no new business of importance is expected to be transacted . Any Master Mason may be the accuser of another , but a profane cannot be permitted to prefer charges against a Mason . Yet , if circumstances are known to a profane upon which charges ought to be founded , a

Master Mason may avail himself of that information , and out of it frame an accusation , to be presented to the lod ge . And such accusation will be received and investigated , although remotely derived from one who is not a member of the Order . It is not necessary that the

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accuser should be a member of the same lodge . It is sufficient that he be an affiliated Mason ; but it is generally held that an unaffiliated Mason is no more competent to prefer charges than a profane .

2 . If the accused is living beyond the geographical jurisdiction of the lodge , the charges should be communicated to him by means of a letter through the post-office , and a reasonable time should be allowed for his

answer before the lodge proceeds to trial . But if his residence be unknown , or if it be impossible to hold communication with •him , the lodge may then proceed to trial—care being had that no undue advantage is taken of his absence , and that the investigationis as full and impartial

as the nature of the circumstances will permit . 3 . The trial must commence at a regular communication , for reasons which have already been stated ; but having commenced , it may be continued at special communications , called for that purpose ; for , if it were allowed only to be

continued at regular meetings which take place , the long duration of time occupied would materially tend to defeat the ends of justice . And here no one can complain of surprise ; for the inception of the trial having taken place at a regular communication , all the subsequent

special communications would be considered only as continuations of the same meeting . 4 . The lodge must be opened in the highest degree to which the accuser has attained , and the examinations of all witnesses must take place in the presence of the accused and the accuser ,

if they desire it . It is competent for the accused to employ counsel for the better protection of his interests , provided such counsel is a Master Mason . But if the counsel be a member of the lodge , he forfeits , by his professional advocacy of the accused , the right to vote at the final

decision of the question . 5 . The final decision of the charge , and the rendering of the verdict , whatever be the rank of the accused , must always be made in a lodge opened on the third degree ; and at the time of such decision , both the accuser and the accused ,

as well as his counsel , if he have any , should withdraw from the lodge . 6 . It is a general and an excellent rule , that no visitors shall be permitted to be present during the trial . 7 . The testimony of Master Masons is usually

taken on their honour , as such . That of others should be by affidavit , or in such other manner as both the accuser and accused may agree upon . 8 . The testimony of profanes , or of those who arc of a lower degree than the accused , is to be taken by a committee and reported to the lodge ,

or , if convenient , by the whole lodge , when closed and sitting as a committee . But both the accused and the accuser have a right to be present on such occasions . There can be no doubt that profanes are competent witnesses in Masonic trials . If their testimony were rejected ,

the ends of justice would , in many instances , be defeated ; for it frequently happens that the most important evidence of a fact is only to be obtained from such persons . The great object of the trial is to investigate the truth and to administer justice , and no method should be

rejected by which those objects can he attained . Again : there may be cases in which the accused is able to prove his innocence only by the testimony of profanes ; and surely no one would be willing to deprive him of that means of defence . But if the evidence of profanes for the accused

is to be admitted on account of its importance and necessity , by a parity of reasoning , it should be admitted when and in behalf of the accuser . The testimony which is good in one case must be good in the other . 0 . When the trial is concluded , the accuser

and the accused must retire , and the Master will then put the question of guilty , or not guilty , to the lodge . ' Masonic authorities differ as to the mode in which the vote is to he taken—some being in favor of a show of hands , whilst others

require it to be by ballot , and that of the Grand Lodge of Scotland requires that each brother , as his name is called , shall rise and give his answer " in a distinct and audible manner . " I confess 1 am inclined to be in favor of the

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vote by ballot , as the independence of opinion is thus better secured ; for many a man who conscientiously believes in the guilt of the accused , may be too timid to express that ' opinion openly . Not less , I think , than twothirds of the votes should be required to declare

the accused guilty . A bare majority is hardly sufficient to divest a brother of his good character , -and render him subject to what may perhaps be an ignominious punishment . But on this point authorities differ . 10 . If the verdict is guilty , the Master must

then put the question , as to the nature and extent of the punishment to be inflicted , beginning with reprimand and proceeding , if necessary , to expulsion—or to indefinite suspension , definite suspension , public or private reprimand .

To inflict expulsion or suspension , a vote of twothirds of those present is required , but for a mere reprimand , a majority will be sufficient . The votes on the nature of the punishment should be viva voce , or rather , according to Masonic usage , by show of hands .

Trials in a Grand Lodge are to be conducted on the same general principle ; but here , in consequence of the largeness of the body , and the inconvenience which would result from holding the examinations in open lodge , and in the presence of all the members , it is more usual

to appoint a committee , before whom the case is tried , and upon whose full report of the testimony the Grand Lodge bases its action . The forms of trial in such committees must conform , in all respects , to the general usage already detailed .

In further elucidation of this subject , I now give the form of process as laid down by the Grand Lodge of Scotland's laws : — 1 . In the event of disputes arising between subordinate lodges or members of the Craft , the party or parties aggrieved may lay the same before the

Grand Lodge by a written petition and memorial signed by him or them , stating distinctly the matters complained of . 2 . Such petition and memorial , together with a certificate by the complainer that a copy thereof has been served on the party complained against ,

shall be lodged with the Grand Clerk , and fees paid therewith ; and the Grand Clerk shall thereupon summon a meeting of the Grand Committee , who shall have power either to proceed de piano with the consideration of the case , or to report the same , for instructions , to the next Quarterly

Communication of the Grand Lodge . 3 . The contending parties shall attend at said meeting of the Grand Committee ( of which notiac shall be sent them , ) cither personally or by mandatories—suchmandatorics being themselves members of the Grand Lodge , —when the party complained

against may be heard upon a preliminary defence , and the other party allowed to reply . The Grand Committee shall then cither decide upon the case , refuse the petition in limine , or order answers within fourteen days , or such other period as may be thought fit , under certification ; and after answers ,

or in case answers should seem to be unnecessary ,, they may appoint a Sub-Committee of their number to take a proof , and report the same to an adjourned meeting . 4 . The Grand Secretary shall thereafter summon the Grand Committee together , and the petition

shall then be taken into consideration , with or without answers and proof , and the Grand Committee shall proceed to give judgment ; or in case of difficulty , report the case , with the whole proceedings therein , to next Quarterly Communication of the Grand Lodge .

5 . It shall be in the power of any party or parties who may feel themselves aggrieved by the decisions of the Grand Committee , to appeal the same to the Grand Lodge ; but in such case the party appealing must previously lodge with the Grand Secretary a sum equal to the amount of the reasonable

expenses already incurred by the other party ; which sum the Grand Secretary is hereby empowered to fix at the sight of the Grand Committee , and the same shall be forfeited and be paid to the other party in case the Grand Lodge shall affirm the decision of the Grand Committee .

6 . In cases of appeal it shall be competent for the Grand Lodge to call for further productions , pleadings , or evidence , and to hear parties and their mandatories , or to remit the cause to the Grand Committee , with instructions ; but in no case shall

an appeal be competent , except upon the merits of the cause , or until after the deliberate decision of the Grand Committee thereupon . 7 . The Grand Clerk shall mark on the back of eacli paper the date when the same was lodged , and shall immediately make a copy thereof for , and