THE ARCANE SCHOOLS - Fort Myers Beach Masonic Lodge No. 362

Although it is necessary that the accusation should be preferred at a
stated communication, so that no one may be taken at a disadvantage,
the
trial may take place at a special communication. But ample time and
opportunity should always be given to the accused to prepare his
defense.
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 motives
of
the accuser, but not his character, may be examined.
If the accused is living beyond the jurisdiction of the lodge--that is
to
say, if he be a member and have removed to some other place without
withdrawing his membership, not being a member, or if, after committing
the offense, he has left the jurisdiction, the charge must be
transmitted
to his present place of residence, by mail or otherwise, and a
reasonable
time be allowed for his answer before the lodge proceeds to trial.
The lodge should be opened in the highest degree to which the accused
has
attained; and 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.