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 the following classes of person to be incompetent to give evidence.
1. Persons who have not the use of reason, are, from the infirmity of their nature, considered to be utterly incapable of giving evidence.[101] 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.
2. 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. But even here it seems to concur with the law of the land; for it has been decided by Chief Baron Willes, that "an infidel who believes in a God, and that He will reward and punish him in this world, but does not believe in a future state, may be examined upon oath."
3. Persons who have been rendered infamous by their conviction of great crimes, are deemed incompetent to give evidence. This rule has been adopted, because the commission of an infamous crime implies, as Sir William Scott has observed, "such a dereliction of moral principle on the part of the witness, as carries with it the conclusion that he would entirely disregard the obligation of an oath." Of such a witness it has been said, by another eminent judge,[102] that "the credit of his oath is over-balanced by the stain of his iniquity."
4. 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. This rule will, perhaps, be generally of difficult application in masonic trials, although in a civil suit at law it is easy to define what is the interest of a party sufficient to render his evidence incompetent. But whenever it is clearly apparent that the interests of a witness would be greatly benefited by either the acquittal or the conviction of the accused, his testimony must be entirely rejected, or, if admitted, 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.