C. D., in person, denies the charges mado against him, and ev.

ery matter and thing contained in the several specifications ol the same, and demands trial thereon.
Of course this answer will vary according to the facts of each case. One specification may be admitted and another denied
396 APPENDIX.
The cliaige and specifications may be admitted, and matters set np in extenuation or excuse. Assuming the answer to be a deniai the issued is formed, and the parties proceed to trial. To procure the attendance of witnesses on either side, some process may be necessary. If the ■witness be not a Mason, his attendance must, of course, be voluntary ; but a Mason is bound to obey a sum- mons. This may be issued by any master of a Lodge (Constitu- tion § 56), and in the following form :
5>— Smnmons for 'Witness.
To Bro. I. J. : You are hereby summoned and required to at- tend as a witness before the commissioners appointed for the trial of A. B., on certain charges preferred against him, on the 20th day of April, instant, at 7 o'clock p. m., at the Lodge room of Tri- luminar Lodge, No. 800, in Freetown, and there to testify the truth, according to your knowledge.
K. L., Masta:
Dated, April 16, 1859.
This may be made to answer for several witnesses, by inserting their names and adding the words " and each of you" after the word "you." The brother disobeying such a summons may be proceeded against as in case of disobedience to any other sum- mons. For this purpose the person serving it should note upon it when and how it is served.
The commissioners, having met for trial, should organize ; that is to say, one of their number (and usually the first named) should preside, though they may choose another for that purpose ; and another of them should be chosen to act as their clerk, and keep the minutes of their proceedings. A copy of the resolution under which they were appointed, together with their appointment, should be furnished them by the Secretary. They should keep minutes of their proceedings, which may be in this form :
6.— minutes of Comnii«sioners.
The commissioners appointed for the trial of A. B., on the charges a copy of which is hereto annexed (marked A) pursuant to the foUoTi-ing resolution (copy resolution), assembled at the Lodgo room of Triluminar Lodge, No. 800, on Wednesday evening, th« 20th of April, 1859 :
APPENDIX 397
Present ; E. S., T. U. and V. N., conmuBsioners. E. 8. offici atcd as chairman, and V. N. waB chosen clerk.
A. B. appeared before them and objected to T. V., one of the commissioners, on the ground that he was present at the meeting of the Lodge when the charges were preferred, and voted for theii reference.
Bro. T. U. stated that hr nad formed no opinion on the snbject, and the other commissioners decided that he was competent to act IS commissirner, to which Bro. B. took an exception.
The charges wore then read by Bro. S. L.. Junior Warden, to- gether with the ajiswer of Bro. A. B.
Bro. B. requested that P. S., Esq., an attorney and not a M* son, should examine the witnesses on his behalf and assist ^'Tn in his defense. The commissioners decided against the request, but further decided that he might employ the services of any brother to assist him in defense ; to which Bro. B. took an exception. He then employed Bro. N. 0. to assist him as counseL Bro. 0. ob- jected to the form of the charges as being vague and uncertain, but the commissioners decided them to be sufficient ; to which Bro. O. took an exception.
Bro. E. F. was then introduced as a witness by the Junior War- den, and testified as a Master Mason as follows : I am acquainted with Bro. A. B. ; I saw him on Main street, in Freetown, on the first day of Api-il last ; I was on the opposite side of the stieet ; ha appeared to be much intoxicated (objection was made to the ap- pearance of accused, but it was overruled and an exception taken) • he was there for about half an hour ; he reeled as he walked, ic.
On cross-examination Bro. E. F. further testified : I know that Bro. B. had been sick, &o.
The commissioners then adjourned to meet at the same place on Thursday evening, the 21st April 1859, at 7 o'clock p. M.
Thursday evening, April 21, 1859.
The commissionei-s met pursuant to adjournment : present all the oommissioQur.i and also Bro. L. the Junior Warden and Bro. i. B. and his ooonsel Bro. 0.
Bro. U. officiated as chairman.
Mr. H. C. was then introduced as a witness by the Junior War den, and stated as follows :
I was in Freetown on the first day of April instant, &0.
398
APPENDIX.
The proofs on the part of the complainant here rested.
Bro. 0., on behalf of Bro. A. B., then produced the sworn nffl- davit of Mr. J. B., to which the Junior Warden objected, on the ground that Mr. B. should be produced for cross-examination.
The commissioners sustained the objection on that ground, and Bro. O. took an exception.
Mr. B. was then produced, and the Junior Warden then con- sented that his affidavit might be road, which was read according- ly, and is hereto annexted (marked B).
The Junior Waiden then cross-examined Mr. B., who stated aa follows, &c.
The proofs being closed, after hearing both parties, the commis- sioners decided to meet again on the 23d day of April instant, to determine on their report.
Saturday, April 23, 1859. The commissioners again met by themselves, and after consulta- tion decided upon their report, a copy of which is hereto annexed (marked C), and notified the parties thereof.
Signed by the Commissioners.
These minutes have been given in this extended form because kftey present a convenient way of stating certain facts and proceed- ings on trial. Thus, the statement of formal objections and the grounds of them, together with the decision thereon of the com- minaioners (which should always be stated), are here set forth ; also, that the Junior Warden acted as prosecutor ; that the em- plojment of an attorney not being a Mason was not permitted, but that ihe accused was permitted to have counsel ; that the first wit- ness testified in his character as a Master Mason, and that the second witness, not being a Mason, made his statement merely, no oath being administered to either ; that the testimony is taken down in the words of the witness, and of course in the first per- son as he spoke ; that the precise point objected to is stated , that the time and place of each adjournment are noted ; that a sworn affidavit was not admitted because no opportunity was given for cross-examination ; and, finally, that the commissioners met olone and decided upon their report, and then gave notice to the parties ; all of which may furnish useful hints to those engaged in such ti'ials, without further comment ; it being presumed thai
APPENDIX. 399
the usual forms of such proceedings and the ordinary rules jf evi" Jonne are understood and will be observed. It is at the option ol the commissioners whether they will admit any one to be present Irat the parties and the 'witnesses testifying, but on all such oc- casions none but Masons should be admitted, except the witness not a Mason, and while testifying.
As the form of the notice giren to the parties by the commis- sioners (Constitution, § 57) may be desired, it is here given, and may be as follows.
7. — Notice ot Decision.
To Bro. S., Junior Warden, and Bro. A. B. .
You will each take notice that we have agreed upon and signed our report in the matter of charges against Bro. A. B. , referred to us, by which we have found the charges sustained, and Brother B. guilty thereof, and that the expenses of the proceedings be paid by him ; and that we shall present the report to Triluminar Lodge a.t its stated communication, on the 30th April instant
(Signed by the Commissioners. )
Dated April 23d, 1859.
The trial being concluded and the report thus agreed upon, the commissioners will have it drawn up in form for the action of the Lodge. This report need not, in the iirst place, contain anything but the facts found and the conclusions arrived at thereon by the commissioners. These conclusions, like those of any other com- mittee, should be in the form of resolutions, for the definite action of the Lodge. Should the Lodge, on the report coming in, desire to hear the testimony read or any of the decisions stated, it will be the duty of the commissioners to comply.
The report may be in the following form :
8. — Report of Commissioners.
To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800.
The commissioners appointed for the trial of Bro. A. B., on charges of intoxication heretofore preferred in this Lodge, respect- fully report :
That they met at the Lodge room of this Lodge on Wednesdaj Kvening, the 20th of April last past, and proceeded to hear and tr^ the matters referred to them.
100
APPENDIX.
That objections -weie presented to Bro. V., one of their nnmbei which they overruled, and also refused to permit Bro. B. to ap pear by counsel, not being a Mason, and thereupon Bro. N. O. appeared for him. That objections were made to the charges, which were overruled.
That they proceeded to take testimony (in the course of which they decided not to admit a sworn affidavit), and Bro £. F. and Mr. H. C. and Mr. J. B. were examined as witnesses.
That they held three meetings, the last of which was for the purpose of agreeing upon and preparing their report.
That from the testimony before them they find the following facts :
1. That Bro. A. B. was intoxicated with strong and spirituona Jiquors, in a pubUo place, at Freetown, on the first day of April, 1859.
2. That Bro. A. B. has been at least twice intoxicated in a pub. lie place, in Freetown aforesaid, within two weeks previous to the said first day of April, 1859.
They therefore recommend the adoption of the following resolu- tions :
Resolved, That the charges of intoxication against Bro. A, B., made and presented to this Lodge on the 9th day of April, 1859, are sustained, and that he is guilty of the said charges.
Resolved, That Bro. A. B. be and he is hereby suspended from this Lodge, and from the rights and privileges of Masonry, for tha space of three months from this date.
The charges and expenses of the commissioners amount to the sum of three dollars, which they adjudge that Bro. A. B. should pay, of all which they have notified the Junior Warden and Bro. A. B. All of which is respectfully submitted,
R. S. 1 T. TJ. >■ Commissioners.
Dated, April 23, 1859. V. W. )
If the resolutions be adopted, the Secretary of the Lodge should transcribe them on his minutes, together with the adjudication as to charges and expenses. The resolutions, however, are subject to the action of the Lodge, who may reverse the decision of the com. missioners, or, if sustained, may amend the resolution as to the penalty by increasing or diminishing it ; the decision of the uom.
APPENDIX. 401
missioners, however, as to expenses is final (Cons. § 61.) . Should the resolutions be adopted (and for this purpose a majority vote is sufficient, unless the by-laws provide differently, ) and the accused oe absent from Uie Lodge, it is the duty of the Secretary to furmsh him immediately with a copy of the resolutions and of the award as to expenses, with a notice, which may be in this form :
0. — Notice of Jadgment.
To Bro. A. B. :
Take notice, that the foregoing is a copy of resolntiona adopted by Triluminar Lodge, No. 800, at their communication held at their Lodge room in Freetown, on the 30th day of April instant, together with a copy of the award made by the commis- sioners as to expenses.
P. 0. Secretary. Dated, April 30th, 1859.
Thus have been presented the ordinary proceedings from com- plaint to judgment on a Masonic trial on charges preferred in a Lodge. Sorpe of them may be found practically unnecessary, but the complaint, minutes and report are deemed important, and should be substantially followed in every case. Other proceedings, under the title of the Constitution, entitled "Of Trial and Its In- cidents," may be adapted to them, varjing the allegations to suit the case, and bearing in mind that in all the cases mentioned in