the examinations should take place in the presence of the
accused and the accuser (if the latter be a Mason); but the final decision
should always be made in the third degree.

The accused and the accuser have a right to be present at all examinations
of witnesses, whether those examinations are taken in open lodge or in a
committee, and to propose such relevant questions as they desire.

When the trial is concluded, the accused and accuser should retire, and
the Master or presiding officer must then put the question of guilty or
not guilty to the lodge. Of course, if there are several charges or
specifications, the question must be taken on each separately. For the
purposes of security and independence in the expression of opinion, it
seems generally conceded, that this question should be decided by ballot;
and the usage has also obtained, of requiring two-thirds of the votes
given to be black, to secure a conviction. A white ball, of course, is
equivalent to acquittal, and a black one to conviction.

Every member present is bound to vote, unless excused by unanimous
consent.

If, on a scrutiny, it is found that the verdict is guilty, the Master or
presiding officer must then put the question as to the amount and nature
of the punishment to be inflicted.

He will commence with the highest penalty, or expulsion, and, if
necessary, by that punishment being negatived, proceed to propose
indefinite and then definite suspension, exclusion, public or private
reprimand, and censure.

For expulsion or either kind of suspension, two-thirds of the votes
present are necessary. For either of the other and lighter penalties, a
bare majority will be sufficient.

The votes on the nature of the punishment should be taken by a show of
hands.

If the residence of the accused is not known, or if, upon due summons, he
refuses or neglects to attend, the lodge may, nevertheless, proceed to
trial without his presence.

In trials conducted by Grand Lodges, it is usual to take the preliminary
testimony in a committee; but the final decision must always be made in
the Grand Lodge.

Section II.

_Of the Evidence in Masonic Trials._

In the consideration of the nature of the evidence that is to be given in
masonic trials, it is proper that we should first inquire what classes of
persons are to be deemed incompetent as witnesses.

The law of the land, which, in this instance, is the same as the law of
Masonry, has declared