FREE BOOKS

Author's List




PREV.   NEXT  
|<   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171  
172   173   174   175   176   177   178   179   180   >>  
tted, its value must be weighed with the most scrupulous caution. Such are the rules that the wisdom of successive generations of men, learned in the law, have adopted for the establishment of the competency or incompetency of witnesses. There is nothing in them which conflicts with the principles of justice, or with the Constitutions of Freemasonry; and hence they may, very properly, be considered as a part of our own code. In determining, therefore, the rule for the admission of witnesses in masonic trials, we are to be governed by the simple proposition that has been enunciated by Mr. Justice Lawrence in the following language: "I find no rule less comprehensive than this, that all persons are admissible witnesses who have the use of their reason, and such religious belief as to feel the obligation of an oath, who have not been convicted of any infamous crime, and who are not influenced by interest." The peculiar, isolated character of our institution, here suggests as an important question, whether it is admissible to take the testimony of a profane, or person who is not a Freemason, in the trial of a Mason before his lodge. To this question I feel compelled to reply, that such testimony is generally admissible; but, as there are special cases in which it is not, it seems proper to qualify that reply by a brief inquiry into the grounds and reasons of this admissibility, and the mode and manner in which such testimony is to be taken. The great object of every trial, in Masonry, as elsewhere, is to elicit truth; and, in the spirit of truth, to administer justice. From whatever source, therefore, this truth can be obtained, it is not only competent there to seek it, but it is obligatory on us so to do. This is the principle of law as well as of common sense. Mr. Phillips, in the beginning of his great "Treatise on the Law of Evidence," says: "In inquiries upon this subject, the great end and object ought always to be, the ascertaining of the most convenient and surest means for the attainment of truth; the rules laid down are the means used for the attainment of that end." Now, if A, who is a Freemason, shall have committed an offense, of which B and C alone were cognizant as witnesses, shall it be said that A must be acquitted for want of proof, because B and C are not members of the Order? We apprehend that in this instance the ends of justice would be defeated, rather than subserved. If the veracity and
PREV.   NEXT  
|<   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171  
172   173   174   175   176   177   178   179   180   >>  



Top keywords:
witnesses
 
justice
 
testimony
 
admissible
 
attainment
 
object
 

question

 

Freemason

 

administer

 
spirit

elicit
 

Masonry

 

apprehend

 
competent
 

obtained

 

source

 
instance
 

defeated

 
subserved
 

grounds


veracity

 

qualify

 

inquiry

 

reasons

 

admissibility

 

members

 
manner
 

subject

 

proper

 

inquiries


Evidence

 

offense

 

committed

 
ascertaining
 

convenient

 

surest

 
Treatise
 
acquitted
 

principle

 
Phillips

beginning
 

common

 

cognizant

 

obligatory

 

properly

 

considered

 

Constitutions

 

Freemasonry

 
governed
 

simple