Albert Mackey

“ Persons interested in the result of the trial are considered incompetent to give evidence. From the nature of human actions and passions, and from the fact that all persons, even the most virtuous, are unconsciously swayed by motives of interest, the testimony of such persons is rather to be distrusted than believed. ”

“ If, then, a dozen or more men, all of reputation and veracity, should come, or be brought before the lodge, ready and willing to testify to this fact, by what process of reason or justice, or under what maxim of masonic jurisprudence, could their testimony be rejected, simply because they were not Masons? ”

“ Persons who are entirely devoid of any such religious principle or belief as would bind their consciences to speak the truth, are incompetent as witnesses. Hence, the testimony of an atheist must be rejected; because, as it has been well said, such a person cannot be subject to that sanction which is deemed an indispensable test of truth. But as Masonry does not demand of its candidates any other religious declaration than that of a belief in God, it cannot require of the witnesses in its trials any profession of a more explicit faith. ”

“ It is not essential that the accuser should be a Mason. A charge of immoral conduct can be preferred by a profane; and if the offense is properly stated, and if it comes within the jurisdiction of the Order or the lodge, it must be investigated. It is not the accuser but the accused that Is to be put on trial, and the lodge is to look only to the nature of the accusation, and not to the individual who prefers it. ”

“ The world would not, and could not appreciate the causes that led to the rejection of such clear and unimpeachable testimony, and it would visit with its just reprobation the institution which could thus extend its fraternal affections to the support of undoubted guilt. ”

“ 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. ”

“ A charge or statement of the offense imputed to the party is always a preliminary step to every trial.
This charge must be made in writing, signed by the accuser, and delivered to the Secretary, who reads it at the next regular communication of the lodge. A time and place are then appointed by the lodge for the trial. ”

“ Persons who have not the use of reason, are, from the infirmity of their nature, considered to be utterly incapable of giving evidence. [1] This class includes idiots, madmen, and children too young to be sensible of the obligations of an oath, and to distinguish between good and evil. ”