-? 
 
 
 
 j 537 
 
BANCROFT 
 LIBRARY 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
F p R M yy-i^: 
 
 Records of Trials 
 
 TRANSCRIPTS THEREOF. 
 
 1872. 
 
 ^ • N 
 
 SAN FRANCISCO: 
 
 Frank Eastman, Printer, 509 Clay Street. 
 
 1872. 
 
012-37 3 8 HS5"3-i 
 
 FORM FOR RECORDS OF TRIALS. 
 
 To THE Lodges under the jurisdiction 
 
 Of thk Grand Lodge F. & A. M. oj' California. 
 When our present Constitution went into effect, in 
 the year 1859, it was thought by the committee who pre- 
 pared it and by the Grand Lodge which adopted it, that 
 the provisions relative to trials for Masonic offences, as 
 set forth in Part VI of that instrument, and especially 
 in Article IV of that Part, were sufficiently plain and 
 explicit to ensure a proper manner of conducting and a 
 correct method of recording the proceedings at such 
 trials. Plain and explicit, however, as those provisions 
 then appeared, and still seem to be, it is nevertheless 
 the fact that a very large number, perhaps more than a 
 majoritjr, of the transcripts of trial-records which 
 come up:tO the Grand Lodge are deficient, imperfect, or 
 incorrect in many respects, too numerous to be here 
 set forth, as the object of this paper is to point out how 
 such business should he transacted and recorded by the 
 Lodges — not how it has not been done— and as a brief 
 review of the reports of the Committees on Grievances 
 during eight or ten years past will show how many 
 cases have been remanded to the Lodges for new trials, 
 with the reasons for such action. Under these circum- 
 stances, to spare the Grand Lodge and its committees 
 
, , [,2] 
 
 much time and labor, and to aid the Lodges in the 
 avoidance of the annoyance and loss of time consequent 
 upon so many second trials of the same cases, it was 
 ordered at a late Communication that a committee be 
 appointed to prepare a suggestive form for the guidance 
 of the Masters, Secretaries, and Commissioners of 
 Lodges in the proceedings incident to trials for unma- 
 sonic conduct and in the records and transcripts of the 
 records thereof. 
 
 The committee named, in obedience to that order, 
 have endeavored to perform the duty assigned them, 
 and now present the following suggestions — for as sug- 
 gestions only are they to be offered until approved by 
 the Grand Lodge — for the consideration of the olficers 
 of Lodges within the jurisdiction of the Grand Lodge 
 of California: — 
 
 1st. Section 1, Article TV, Part Yl, of the Constitu- 
 tion, defines with absolute precision the manner in 
 which charges of unmasonic conduct are to be preferred 
 against a brother, and it is only necessary to note at 
 this point that they are, as is written in that section, to 
 be presented to the Master, and not to the Lodge, as it 
 appears is often erroneously done. 
 
 2d. The charge itself should be a general one of un- 
 masonic, or gross unmasonic, conduct, and should be de- 
 fined in a specification or in specifications following, 
 setting forth with clearness and precision the offence or 
 offences complained of, and giving time, place, and all 
 
L3] 
 
 necessary particulars relating thereto as distinctly as 
 possible, so that the accused may have full knowledge 
 of all that he may be called upon to explain, disprove, 
 or justify. The following may be used as a general 
 form for a 
 
 Charge of Unmasonic Gondtjct. 
 
 , Cal. , , 18—. 
 
 To the Master of Lodge, No. — , F. and A. M. 
 
 Worshipful Sir and Brother: 
 
 The undersigned, a Master Mason in good 
 
 fitanding and a member of Lodge No. — , at , 
 
 in the State of , does hereby charge Bro. A B , 
 
 a Mason now residing (or said to he residing; at , in the 
 
 State of , with unmasonic (or gross unmasonic) con- 
 duct, as set forth in the following specifications : 
 
 First. That on or about the day of 18 — , he 
 
 did{here state the offence as particularly as may be practicable.) 
 
 Second, That on or about the day of 18 — , he 
 
 did, &c. (here again state the specification.) 
 
 Third, That on or about, &c., {foUoicing with as many speci- 
 fications as there are distinct offences charged.) 
 
 For all which the undersigned desires that the said A 
 
 B may be brought to trial and dealt with in such manner 
 
 as our Masonic laws provide. 
 
 Respectfully and Fraternally, 
 
 C D . 
 
 Should the charge be directed to be preferred by the 
 Lodge or Master, it should be done by the Junior War- 
 den, as he is supposed to have charge of the Craft dur- 
 ing the period when not at labor, and the first portion 
 of the first paragraph above should then read — 
 
 The undersigned, a Master Mason in good standing and Jun- 
 
[4] 
 
 ior Warden of this Lodge, does hereby, by direction of the 
 Lodge {or of the Mastei^ thereof,) charge Bro. A B , etc, 
 
 3d. The Master should carefully examine the charge 
 and specifications, and, if they are evidently frivolous, 
 or if the acts with which the accused is charged are 
 clearly such as do not constitute a Masonic oifence, he 
 may refuse to entertain them. But, should it appear 
 otherwise and it is known to him that the accuser is a 
 Master Mason in good standing, he is to call a special 
 meeting of his Lodge as soon as practicable, [see Sec, 
 2, Art. IV. Part VI.) by due notification to every mem- 
 ber thereof whose residence is known and is within 
 such distance as may reasonably permit him to attend ; 
 which notification should state that the purpose of the 
 meeting is to elect Commissioners to try a brother 
 [using no name) upon a charge of unmasonic conduct, 
 should be in writing or in print, and should be served 
 personally, if possible, by the Tyler or some brother 
 designated for the purpose, or, if it be not possible so to 
 serve it, should be left at his ordinary residence or place 
 of business or be sent by mail. The following is pro- 
 posed as a form of such 
 
 Notification to Membeks. 
 
 Hall of ^Lodge, No. — F. & A. M. 
 
 At , Cal. , , 18—. 
 
 Bro. E F , 
 
 You are hereby notified to attend a special 
 
 meeting of this Lodge to be holden on the day of 
 
 , 18 — , at o'clock — M, for the purpose of 
 
 electing Commissioners to try a brother upon a charge of 
 
[5] 
 
 unmasonic conduct preferred against him by a Master Mason in 
 good standing. 
 
 By order of the Master, 
 [seal.] G H , Secretary. 
 
 4th. At such special meeting the Master will an- 
 nounce its purpose, as before recited, mentioning no 
 name either of accuser or accused, and will ascertain, 
 by a vote of the Lodge, the number of Commissioners 
 (not less than seven nor more than niaej see Sec. 2, Art, 
 IVj Part VI,) which it shall deem proper to elect. 
 Each member present will write the names of as many 
 members of the Lodge upon one ballot as shall corres- 
 pond with the number of Commissioners determined 
 upon, and, upon counting the ballots, such members as 
 shall be found to have received a majority of all the 
 votes cast, shall be declared elected as Commissioners. 
 In case the full number should not be elected on the 
 first ballot, another ballot will be had for the remainder 
 in the same manner, and again and again, if necessary, 
 until the full number of Commissioners shall have been 
 elected, each by a majority of the votes of those pres- 
 ent. [See Sec. 2, Art. IV, Part VI.) 
 
 5th. The Master will then name the time and place 
 for the first meeting of the Commissioners, keeping in 
 view the provisions of Sections 2 and 3, Art. IV, Part 
 VI, relative to the convenience of the parties and the 
 time allowed to the accused for appearance, and will 
 direct the Secretary to notify each Commissioner of his 
 election and of such time and place of meeting, either 
 
[6] 
 
 In person or in writing. The following may be a form 
 
 for such 
 
 Notification to a Commissioner. 
 
 Hall of Lodge, No. — F. & A. M. 
 
 At , Cal. , , 18 — . 
 
 Bro. I J , 
 
 You are hereby notified that, at a special 
 
 meeting of this Lodge held on the day of , 18 — , 
 
 you were elected to be one of Commissioners designated 
 
 to try a certain charge of unmasonic conduct preferred against a 
 brother by a Master Mason in good standing, and that a meet- 
 ing of said Commissioners, for that purpose, will be held at 
 
 , on the day of , 18 — , at — o'clock — M. 
 
 By order of the Master, 
 
 [seal.] G H , Secretary. 
 
 6th. The Master, at the- same meeting, will direct 
 the Secretary to prepare for his signature a summons 
 for the accused to appear for trial at the time and place 
 before named, which summons, when properly signed 
 and authenticated, shall be ser\^ed in the manner pre- 
 scribed in Sec. 2, Art. IV, Part YI ; and he will also 
 direct the Secretary to prepare a copy of the charge and 
 specifications, [the original of which will he handed him 
 for that purpose^) and to properly certify it, under seal, 
 and transmit it to the accused with the summons. The 
 following is proposed as a form for a 
 
 Summons to an Accused Beother. 
 
 Hall of Lodge, No. — ,F. & A. M. 
 
 At , Cal. , , 18 — , 
 
 Bro. A B , 
 
 You are hereby summoned to appear at 
 on the day of 18 — , at 
 
en 
 
 o'clock ^ — M., there and then to answer to a certain charge 
 
 of unmasonic conduct preferred against you by Bro. C . 
 
 D , a Master Mason in good standing, a certified copy of 
 
 which is hereunto annexed. 
 
 Given at the place and on the day first above wirtten, 
 [seal.] as witness my hand and the seal of our Lodge, with 
 
 the attestation of our Secretary. 
 Attest : K L , Master. 
 
 G H , Secretary. 
 
 7lh. The summons should be issued in duplicate? 
 one copy to be delivered or transmitted to the accu«jed, 
 and the other to be presented to the Commissioners, 
 with a proper certificate of service appended thereto, 
 It is usual that the Secretary or Tyler perform such 
 service, but it may be done by any brother whom the 
 Master may designate. The following may be a form 
 for such 
 
 Certificate of Service. 
 
 I, , Secretary, (or Tyler, or a member) of this Lodge, 
 
 hereby certify that I duly served the annexed summons upon 
 
 Bro. A B , at on the — day of 
 
 18 , by delivering to him in person (or leamng at his place 
 
 of business, or leaving at his place of residence, or mailing 
 to his last known place of abode,) the duplicate thereof, together 
 with a certified copy of the charge and specifications which 
 accompanied the summons. 
 
 M N . 
 
 8th. The Master, at the same meeting, will direct 
 the Secretary to notify the accuser of the time and place 
 
[8] 
 
 of meeting of the Commissioners for the trial of his 
 charge, and the following may be the form of such 
 Notification to an Accusek. 
 
 Hall of Lodge, No. — , F. &. A. M. 
 
 At , Cal. , ,18 — , 
 
 Bro. C D , 
 
 You are hereby notified that the Commissioners 
 elected by this Lodge to try a certain charge preferred by you 
 
 against Bro. A B , will assemble at , on 
 
 , the day of at -o'clock, — M., for 
 
 that purpose. 
 
 By order of the Master, 
 [seal.] G H , Secretary. 
 
 9th. The Record Book of the Lodge, for the special 
 meeting called for the election of Commissioners, should 
 be written in substantially as follows, with such varia- 
 tions, of course, as the facts may require ; and a copy 
 of this record from the Lodge Book will form the first 
 portion of the transcript to be sent to the Grand Lodge. 
 FoEM OF Kecokd, 
 At a meeting for election of Trial- Commissioners. 
 
 Hall of Lodge, No.^-F. & A. M. 
 
 At , Cal. , 18-. 
 
 By order of the Master, of which due notification was given to 
 the brethren, this Lodge was specially convened at the place 
 
 and on the day above written, at o'clock — M., and there 
 
 were present the following : 
 
 {Here give the names and titles of the officers, and the number 
 of other members present, referring for their names to the 
 Tyler^s Register.) 
 
 A Lodge of Master Masons having been duly opened, the Mas- 
 ter stated that this special meeting had been called for the pur- 
 
[9J 
 
 pose of electing Commissioners to hear and determine upon 
 a certain charge of unmasonic conduct preferred by a Master 
 Mason in good standing against a brother of this Lodge {or of 
 some other Lodge, naming it, or, if a non-affiliated Maso7i, 
 saying so,) and desired that the Lodge should indicate the 
 number of Commissioners which it deemed advisable to elect. 
 
 On motion, duly seconded, it was voted that the number of 
 Commissioners be . 
 
 The Master appointed Bros. O P and Q 
 
 E to act as tellers, and the Lodge proceeded to ballot for 
 
 Commissioners. 
 
 At the conclusion of the ballot it was found that the 
 
 following named brethren had each received a majority of the 
 votes of the members present, viz : 
 
 (Here gioe the nim^es in fall of the Gommlssioners elected.) 
 
 And they were declared by the Mister to be duly elected to 
 serve as Commissioners. 
 
 The Master named ' , the day of , 18 — , 
 
 at o'clock — M. at the Lodge room, {or such other place as 
 
 he may designate) as the time and place for the first meeting of 
 the Commissioners, and directed the Secretary to notify each of 
 them of his election and of the time and place of meeting a 
 above. 
 
 The Master also directed the Secretary to prepare, for his 
 signature, a summons to the accused to appear at said time and 
 place before the Commissioners, and handed the charge to the 
 Secretary with instructions that a certified copy thereof, under 
 seal of the Lodge, be made and transmitted to the accused with 
 said summons. 
 
 The Master also directed the Secretary to notify the accuser of 
 said time and place of meeting of the Commissioners. 
 
 The business being thus concluded, the Lodge was closed. 
 
 Approved : G — H , Secretary. 
 
 K L , Master. 
 
[10] 
 
 10th. The Master will issue summonses for wit- 
 nesses at the request of either the accuser or the ac- 
 cused, and the following may be the form of such 
 • Summons to a Witness. 
 
 Hall of Lodge, No. , F. <t A. M., 
 
 At , Cal., , , 18—. 
 
 Bro. S — T , 
 
 You are hereby summoned to appear at 
 
 on ■ the day of , 18—, at — • 
 
 o'clock, — M., there and then to testify in relation to a certain 
 
 charge of unmasonic conduct preferred by Bro. C D ■ 
 
 against Bro. A — - — — B . 
 
 Given at the place and on the day first above written, 
 [seal. 1 as witness my hand and the seal of our Lodge 
 with the attestation of our Secretary. 
 
 Attest : K L , Master. 
 
 G H , Secretary, 
 
 11th. The Commissioners will assemble at the place 
 and time directed by the Master. The Master and Sec- 
 retary of the Lodge will also be present and will re- 
 main present until the conclusion of the trial. (See 
 Sections 4 and 8, Article IV, Part VI.) No chair- 
 man is to be elected, as appears often to be done 
 in plain contravention of the law, but the Master will 
 preside throughout. The Master will state the purpose 
 for which the Commission is assembled. The names of 
 the Commissioners elected will be called by the Secre- 
 tary, and those found present, as well as the Master 
 and himself, will be noted upon the record. If a major- 
 ity of the Commissioners be present the trial may pro- 
 ceed, [See Decision 4, Page 381, Vol. IF, Proceedings), or 
 
[11] 
 
 they may adjourn to some future time. [See Sec. 7, Art. 
 IV, Part VI.) 
 
 12th. The Commission being ready to proceed, the 
 Master will cause the charge and specifications to be 
 read by the Secretary, and also the summons to the 
 accused, with the certificate of service thereof, all which 
 should appear upon the record. The fact that the ac- 
 cuser was duly notified should also appear, and the 
 record should likewise show whether both or either 
 were present. If counsel appears for either accused or 
 accuser, as is allowed by our law, [See Sec. 6, Art. IV, 
 Part VI,) that fact also should find proper place in the 
 record ; and, if there be objection to any of the Com- 
 missioners, the reasons for the objection may at this 
 time be stnted, and the Master should decide as to their 
 validity. 
 
 13th. The accused should now present his answer to 
 the charge and specifications, which answer may be 
 either oral or written, and should be made a part of the 
 record. In this answer he may make a general or par- 
 ticular denial of all the specifications of the charge ; or 
 he may deny some and admit others, and may make 
 statements in justification or extenuation of those ad- 
 mitted ; or he may admit all, with expressions of sor- 
 row for his misconduct ; or, in fact, he may make any 
 answer which to him, or his counsel, shall seem best, 
 
 14th. The testimony will then be received in the man- 
 ner prescribed in Sec. 5, Art. IV, Part VI, of the Con- 
 
[12] 
 
 stitution, and it will be better that all oral testimony be 
 first received and recorded, if not too inconvenient. All 
 oral testimony, direct and cross, vrill be vrritten out in 
 full by the Secretary ; and, when each witness giving 
 such testimony shall have concluded, his testimony shall 
 be read to him, and, after such corrections as he may 
 wish to make, shall be signed by him in the presence of 
 the Commissioners. The documentary testimony will 
 be presented in the manner and in the order prescribed 
 in the section of the Constitution last referred to, and 
 will in such order be made a part of the record, unless 
 it should appear that the direct connection of «ome 
 portion of it with some portion of the oral testimony 
 would better present a clear history and understanding 
 of the case. 
 
 15th. As will be seen in Sec. 5, Art. IV, Part VI, 
 authority may be given to the Master of another Lodge 
 to take the testimony of a Mason residing within the 
 jurisdiction of his Lodge. In such case the following 
 may be a form for such 
 
 Letter of Authorization. 
 
 HaU of Lodge, No. — , F. & A. M. 
 
 At , , , 18—, 
 
 To the Worshipful U V , 
 
 Master of Lodge, No. — , F. & A. M, 
 
 At , County of . Cal. 
 
 A charge of unmasonic conduct having 
 
 been preferred in this Lodge by Bro. C D , a Master 
 
 Mason in good standing, against Bro. A B , a mem- 
 ber of Lodge, No. — , at , a copy of which charge, 
 
 with the specifications, is herewith transmitted ; and. the testi' 
 
[ i:5 ] 
 
 mony of Bro. W X — , a member {or a Mason res^id- 
 
 ing loithin the jurisdiction) of your Lodge, being deemed 
 important at the trial of said charge, you are hereby authorized 
 
 and requested to take the testimony of the said Bro. W 
 
 X upon such matters as either the accuser or the accused, 
 
 or both, may indicate in the paper (or papers) herewith an- 
 nexed, and to make return thereof to me as early as may be 
 possible. 
 
 Given at the place and on the day first above written, 
 [seal.] as witness my hand, the seal of our Lodge, and the 
 
 attestation of our Secretary. 
 Attest : K L , Master. 
 
 G : — H — . — , Secretary. 
 
 It should not be forgotten that when either party de- 
 sires to have testimony taken elsewhere than before 
 the Commissioners, notice thereof must be given to the 
 other party. 
 
 16th. The testimony taken upon an authorization, 
 such as the foregoing, should be written out precisely 
 in the same manner, with question and answer, as 
 though taken before the Commissioners ; and, after 
 being so written out and signed by the witness, should 
 be attached to and be returned with the authorization, 
 accompanied with the following 
 Certificate. 
 I do hereby certify that the foregoing pages numbered from 
 — to — inclusive, contain the full, true and perfect deposition 
 
 of Bro. W X , taken by me under and by virtue of 
 
 the annexed authorization. 
 
 U V 
 
 Master of Lodge, No. - - . 
 
[14] 
 
 17th. Should the Commissioners, by permission of 
 the Master for good reasons shown, ( See Sec. 7, Art. 
 IV, Part VI,) extend the period of their sittings beyond 
 ten days, the fiict that such permission had been given 
 and the reasons therefor should appear at the proper 
 place or places in the record. 
 
 18th. The testimony being all received, the Commis- 
 sioners will proceed to deliberate upon their verdict and 
 sentence. The Master and Secretary will both remain 
 with them, [See Sec. 8, Art IV, Part VI,) the first hav- 
 ing no vote, but having authority to decide any point of 
 Masonic law or usage which may arise, and the last 
 having only to keep a full and correct record of the 
 proceedings. After sufficient consultation and delibera- 
 tion, a vote for " guilty '' or ^' not guilty/' by ballot, 
 (See Decision 4, Page^Sl, Vol. IV, Proceedings) should 
 be taken upon each specification, and each such vota 
 should be recorded. A majority of all the Commission- 
 ers elected are requisite to find a verdict of " guilty.'' 
 (See decision above given.) Should the accused thus be 
 found guilty of one or more of the specifications, the 
 Commissioners will proceed to vote, by ballot, upon the 
 sentence, and a majority of all the Commissioners 
 elected will be required to adjudge it, whatsoever it may 
 be. (See decision above.) The vote will first be upon 
 the question by the Master — " Shall the accused be ex- 
 pelled?" — and the ballots should have written upon 
 them *' a3^e " or " no." Should there not be the requis- 
 ite majority for expulsion, the question will next be — 
 
[ 15 ] 
 
 ** Shall the accused be suspended ? " — and it will be 
 decided in the same manner. Should there not be the 
 required majority for suspension, the last question will 
 be — *' Shall the accused be reprimanded?''— and it will 
 be decided like the others. All this should recorded. 
 
 19th. The trial being ended the Secretary will, as 
 soon as possible, under the supervision of the Commis- 
 sioners, make a fair copy of the record and finding, 
 which is to be signed by all the Commissioners who acted 
 in the case, attested by the Secretary, and handed to 
 the Master ; and he, at .the next stated meeting of the 
 Lodge, in the presence of its members only, will an- 
 nounce the finding and sentence, (if there be any sen- 
 tence,) and direct the Secretary to record the same as 
 the judgment of the Lodge, and to file the record of trial 
 among its archives. {See Sec. 8, Art. IV, Part F/,) It 
 would be well that this be the last business done at 
 such meeting, as visitors may then be requested to 
 retire ; and the following may be a form for entry in the 
 record-book of such 
 
 Eecord of Finding. 
 All other business being concluded and there being present 
 only members of this Lodge, the Master presented the record 
 
 of the trial of Bro. A B , by the Commissioners 
 
 elected on the , 18—, and announced that he had been 
 
 found guilty upon one (or two, or all) of the specifications in 
 the charge of unmasonic conduct preferred against him, and 
 had been sentenced to expulsion (or suspension) from all the 
 rights and privileges of Masonry, (or to reprimand in ope7i 
 
[16] 
 
 Lodge.) Or, that he had heen found not guilty upon all the 
 specifications of the charge of unmasonic conduct preferred 
 against him. 
 
 20th. The traascript of the record of trial, men- 
 tioned in Sec. 10, Art. IV, Part VI, will be a copy of 
 the proceedings of the Lodge at the election of Com- 
 missioners, of the record of proceedings before the 
 Commissioners, as hereinbefore directed to be kept, and 
 uf the announcement of the result in the Lodge, as 
 suggested in the next preceding paragraph. It should 
 be written plainly on cap paper, fastened at the upper 
 end, and should be certified by the Secretary with the 
 seal of the Lodge. 
 
 * 21st. It should be remembered [See Sec. 10, Art. IV, 
 Part VI,) that in all cases of expulsion or suspension* 
 whether there be an appeal or not, a transcript must be 
 sent to the Grand Secretary ; but that in cases of repri- 
 mand or acquittal such transcript is only necessary 
 when the proper notice of appeal has been given ; and it 
 should not be overlooked that the law requires such 
 transcripts to be sent immediately after the trial.