Part 3: JFR Trial – The Indictment

[Note: If you do not have time to read the summarized indictment, then read my Summary Comments below. This gets good.]

JW Views of the events: The Society gives the JWs the impression that the indictment against Rutherford & company was all about the ”Finished Mystery book, and the prophetic fulfillment that all-important book played in the ‘death’ of the ‘two Witnesses’ spoken of in Revelation. It was meat in due season! Spiritual food for which Satan and his worldly government found offensive enough in its declaration of God’s Kingdom, that they railroaded Rutherford and company off to prison ... aka persecution. Satan did not want Jehovah’s Kingdom declared as the incoming King-elect, Jesus Christ was taking his Throne in heaven ... and expelling Satan and a third of the angels to earth. This is big stuff, and JWs were made to feel that this event had major Biblical significance!

Introduction re: Indictment: The indictment is long, repetitive, with much use of legalese wordiness. I will open with the initial phrases in the Indictment used to introduce Count 1, but eliminate the repetitive “Official-ese” by summarize the unique aspects of Counts 2, 3, and 4.

Before you read it, there are a couple of items to understand.

1. The Society and its named defendants were under investigation for months. The Grand Jury met between April 3rd, 1918 through May 6th, 1918 to consider the evidence and decide on an Indictment. The Indictment was issued May 6th, 1918, and arrests were made May 8th, 1918. When a Grand Jury convenes, often the ‘potential’ defendants get wind of this, or may even be called to give testimony prior to an indictment. Defendants are not accompanied by lawyers before Grand Juries. Other than the language in the Indictment itself, I understand that the testimony given is not used directly in the Trial.

2. Grand Jury hearings and testimony are sealed, and never released to the public. The only way we can know of anything stated in Grand Jury sessions is if one of the ‘witnesses’ decides to speak publicly. I have no direct information on what Rutherford or his legal team knew prior to May 8th, 1918, but I suggest the possibility that the Defense was aware of these proceedings based in comments made during pre-trial. If true, then this “awareness” would have given them additional time to make pre-trial preparations.

3. The Search Warrants issued were both in Pennsylvania and New York, allowing the Government to seize records and documents at both locations. Some JWs have the idea that only the New York Headquarters was raided. Additional documentation was provided directly by witnesses not associated with the Society, and some associated and known as members of the Bible Students.

4. The ”Finished Mystery” book was NOT a major part of the evidence collected as implied by the Society. Rather it was other documentation that was mostly the bone of contention ... primarily correspondence between the officers of the Society and individuals on “Active Duty” in the United States Military during a Declared War. This is the crux of the Government’s case.

The Indictment: “At a Stated Term of the District Court of the United States of America, for the Eastern District of New York, begun and held in the Borough of Brooklyn, City of New York, within and for the District aforesaid, on the third day of April, in the year of our Lord one thousand nine hundred and eighteen, and continued by adjournment to and including the sixth day of May, in the year of our Lord one thousand nine hundred and eighteen.

Eastern District of New York as:

The Grand Jurors of the United States of America, within and for the district aforesaid, on their oaths present that on the sixth day of April, nineteen hundred and seventeen, a joint resolution was adopted by the Senate and House of Representatives of the United States declaring a state of war between the United States of America and the Imperial German Government, and that on said date the President of the United States of America issued a proclamation that such a state of war existed, and continually from the said date until the present time an open and public war was and is still being prosecuted and carried on between the United States of America and the said Imperial German Government.

That during the period from the sixth day of April, nineteen hundred and seventeen, to the date of the filing and presentation of this Indictment the United States has been at war with the Imperial German Government, and during said period of time Joseph F. Rutherford, William E. Van Amburgh, Robert J. Martin, Fred H. Robinson, George H. Fisher, Clayton J. Woodworth, Giovanni De Cecca, and A Hugh MacMillan (hereinafter called defendants), at the Borough of Brooklyn, County of Kings, State and Eastern District of New York and within the jurisdiction of this Court, unlawfully and feloniously did conspire, combine, confederate and agree together, and with divers other persons to the said Grand Jurors unknown, to commit a certain offense against the United States of America, to wit: the offense of unlawfully, feloniously and willfully causing insubordination, disloyalty and refusal of duty in the military and naval forces of the United States of America when the United States was at war, to the injury of the military and naval forces of the United States of America, and to the injury of America, in, through and by personal solicitations, letters, public speeches, distributing and publicly circulating throughout the United States of America a certain book called “Volume VII, Bible Studies, The Finished Mystery,” and distributing and publicly throughout the United States certain articles printed in pamphlets called “Bible Student’s Monthly,” “Watch Tower,” “Kingdom News” and other pamphlets not named, which said book and pamphlets were to be published and distributed throughout the Eastern District of New York, and throughout other sections of the United States of America, and which said solicitations, letters, speeches, articles, books and pamphlets would and should persistently urge insubordination, disloyalty and refusal of duty in the said military and naval forces of the United States of America, to the injury of the United States of America, and to its military and naval forces. The said defendants, and each of them, in furtherance of said conspiracy did commit the following:

(Note: Each Count restates the same type of language above, so I have simply culled out the legal jargon, and summarized each Count. I have inserted “ ... ” where such introductory language is eliminated. Also, I have Bolded certain elements of the Counts those items new to me, and stand out as more serious than what was published in the Finished Mystery book.)

FIRST COUNT:

1. ... the said defendants, and each of them, did compile and caused to be compiled certain reports, and did add to them certain original writings, in the production of a book, hereinbefore mentioned, called “Volume VII, Bible Studies, The Finished Mystery,” ...

2. ... the said defendants, and each of them did publish and cause to be published the said book,” ... and did cause the same to be copyrighted in the name of the People’s Pulpit Association.

3. ... the said defendants, and each of them, did distribute and cause to be distributed to one Jerry De Cecca and one Carmelo Nicita, while said Jerry De Cecca and Carmelo Nicita were members of the military forces of the United States of America, attached to Camp Devens, and to certain other persons to the Grand Jurors unknown ... the said book ...

4. the said defendants, and each of them, received a letter written in Italian from one Frank D’Onofrio, at that time a member of the military forces of the United States of America, addressed to the Watch Tower Bible and Tract Society, ... made and caused to be made a translation into English, a true and correct copy ...

5. ... the said defendants, and each of them, did distribute and cause to be distributed to Carmelo Nicita and Jerry De Cecca, members of the military forces of the United States of America, copies of the translation of the said ... letter ...

6. ...the said defendants, and each of them, reprinted and caused to be reprinted a certain letter which they had received, dated the nineteenth day of September, nineteen hundred and sixteen, signed by Clara Cerulli, containing an account of the trial of one Remigio Cuminetti, an alleged member of the International Bible Students Association, for a violation of the military law in Italy ... and each of them, did distribute and cause to be distributed to various persons whose names are to the Grand Jurors unknown ...

7. ... the said defendants, and each of them, did cause to be printed and distributed throughout the United States of America, particularly men subject to become members of the military forces of the United States, to wit; men liable to be selected under Act of Congress approved May 18, 1917 for the military service ... an affidavit subscribed and sworn to by William E. Van Amburgh ...

8. ... did send or cause to be sent to one Jerry De Cecca, who was at the time a member of the military forces ... certain letters ... schedule G ...

9. ... did send and cause to be sent to one Carmello Nicita, who was at that time a member of the military ... certain letters ... Schedule H ... Schedule I ... All against the peace and dignity of the United States of America and contrary to the form of the Statute in such case made and provided.

SECOND COUNT: (Repeated the same long introduction as above, except near the end:) ... ... persistently urge failure and refusal on the part of available persons to enlist in the military and naval forces of the United States and should and would, through and by the means above mentioned obstruct the recruiting and recruiting service of the United States ... to the injury of that service ...

(Sub-Counts 1 through 9 are the same as Item 1 of First Count)

THIRD COUNT: (Repeated nearly the same long introduction as above, except in addition to listing books, magazines and pamphlets, they added the ‘letters’ from above as Schedules B, C, D, E, F, G, H, and I ... and near the middle of the Third Count said:) ... ... did unlawfully, willfully and feloniously attempt to cause insubordination, disloyalty, mutiny and the refusal of duty in the military and naval forces of the United States ... and by means of personal solicitations, letters, ...

(No Sub-Counts were stated, but considered the same incorporated by reference of the above Schedules.)

FOURTH COUNT: (Repeated nearly the same long introduction as above in the Third Count, except near the end of the Fourth Count said:) ... ... intending and attempting to cause and influence various persons available for military duty to fail to register and to refuse to submit to registration and draft for service in said military and naval forces and to fail and to refuse to enlist for services therein and by inciting others so to do, notwithstanding the requirements of said laws in that behalf and notwithstanding the patriotic duty of such persons and others to so register and submit to registration and draft so ... and notwithstanding the cowardice involved in such failure and refusal, all of which was to be accomplished by the use of all means and methods aforesaid as a protest against and as a forcible means of preventing, interfering with, hindering, and delaying the execution of said laws of the United States and also to interfere with hinder and delay the Government of the united States in its lawful efforts to build up and maintain an Army for the carrying on of said war ...

(No Sub-Counts were stated, but considered the same incorporated by reference of the above Schedules.)

Melville J. France,
United States Attorney for the
Eastern District of New York

(Note: All the Exhibits and Schedules are included in my Transcript except the “Finished Mystery”. I have a separate copy of that book. However, the “missing pages removed as a result of this trial are discussed in the Trial.)

Summary Comments: The Society would have JWs believe that the charges were trumped up and only involved some ‘spiritual truths, meat in due season’ found in the “Finished Mystery” book, and that the Society was simply publishing their beliefs on God’s Word, the Bible. The truth is, there were many Schedules and Exhibits involved that were more damning than the “book”, AND the Society’s officers and members were inciting people on active duty in the military and those about to be drafted to insubordination, refusal of duty and mutiny. This was far more serious than I ever understood as a JW.

Further, it is very important to understand that the Government needed to establish that the Bible Students were not an organized religion recognized for conscious objection, because they had no required Creed! This is why Joseph Rutherford subsequently strengthened the JW Creed, and forced the congregations of Bible Students to Register with the Society, and changed their religion into a controlled hierarchical system! This is why to this very day the Society has all JW congregations remind young JW men each year to register with the Selective Service upon reaching 18 years of age ... to avoid a similar lawsuit.

In subsequent parts, you will see that the Government proves that Joseph Rutherford & company were guilty as sin of the stated charges ... and that is why they were convicted. You will se that the Writ of Error was NOT any kind of “Exoneration” as claimed by the Society ... as a matter of Law they were not ever exonerated ... stay tuned ... to be continued ...

Coming Up:
Part 4: Jury Selection ... Guess who is on the Jury?
Part 5: Cross-examination ... this is the really good stuff.
Part 6: Writ of Error ... Was JFR really Exonerated?
Part 7: Final Summation ... Did JFR rewrite History?

wow...very interesting

Hi rf1785:

Incorrect. Prior to Joseph Rutherford, the Society had no controlling 'official' policy. In fact, Bible Students culd act according to 'conscience' ... and the encouragement from the Society was to serve in a non-combatant role. Later on, as part of the Society's interpretation of fulfillment of other prophesies where they were 'diciplined' by Jesus Christ as the newly enthroned King ... was the fact that the Society did not take a strong 'neutral' position, and thus compromised themselves with the world and Babylon the Great. That is why they eventually changed their religious system to become recognized as consciencous objectors.

I may be in error, but I don't think so. If today, a JW were to write to a member of the Armed Forces on Active Duty, and in the course of that relationship, encouraged that person to seek leave from their duty ... during a Declared War ... such a JW would be prosecuted with the same vigor.

The Trial itself will establish just how far the Society (JFR & Company) went in violating the law. I think that Indictment speaks for itself ... that the documented actions on the part of the Society in their communications with active duty members of the Armed Forces during a Decalred War were sufficiently sophicated as they could be in any year since. Formal publications, speeches, sermons, pamphlets, letters, personal solicitations, Kingdom News, and other material was involved ... it was not just a couple of vague sentances in the "Finished Mystery" book that caused the issue ... it was actively interfering with military personnel ...

... the Judge noted during Jury Selection that the issue was not about "criticizing" the Government, but about issues related to mutiny and lesser charges. The Government, under the Attorney General went along with the Defense in changing Judges, accepting certain Defense Motions, and they even dropped charges against Hirsh, over the objections of Rutherford's and his attorney. The Government was not being all that mean.

The sophistication of legal help is not material. The issue is as I summarized above in my post, that the Bible Students had no central Creed prohibiting military duty ... and they were not centralized religion ... each Bible Student was free to interpret the Bible as he saw fit ... recall that Joseph Rutherford has just taken over the Watchtower Society and had not yet implimented all these controlled changed ... so the Bible Students as suscribers to the Watch Tower had no legal basis on which to refuse military service ... and therefore, the Society had no basis on which to actively interfere with military personnel or those about to be drafted ... the Government had a good case, at least better than I thought.

I don't care what story the Watchtower has been spewing out for 100 years; I think the reason they are so anti non-combatant and so on is because they like the 'persecution' <gag, choke, vomit> that they get from being so extreme about it.

Case in point...they probably don't condone/approve murder or rape because they are so quick to point out when everybody else does it.

But how often do you hear about the concientous objectors, say,for instance, in Greece? (my info may not be up to date)Yes, there are 600 of them in jail, and yes, 300 of them are Jehovah's Witnersses---but 300 of them aren't!!! And you read this HOW MANY TIMES in the Watchtower literature.

They NEED people to die of lack of blood transfusions; they NEED Malawians to be raped, beaten and murdered; heck, they NEED the pedophile scandal; nobody would know they even EXISTED!!! They absoultely are the most invisible peopel on the face of this earth.

'Beacon of light my ***' I can't believe I used to be this pathetic.

I'm almost serious...

In 1975 a crack team of publishers was sentenced to death by a judicial commiteee. They promptly escaped from the cult and now live life on the run. If you have a problem ... and if you can find them ... maybe you can contact the A--postate Team"

Thank you for this excelent information.

Can anyone tell me the offending pages in the finished mystery book. I have a copy of it, however I do not know if it is one with the pages removed or replaced. How can I tell?

Regards, stealth

Proclaimers of god's kingdumb:

Charged With Espionage

The crowning blow came on May 7, 1918, when federal warrants were issued in the United States for the arrest of J. F. Rutherford, the president of the Watch Tower Bible and Tract Society, and his closest associates.

The previous day, in Brooklyn, New York, two indictments had been filed against Brother Rutherford and his associates. If the desired results did not come from one case, the other indictment could have been pursued. The first indictment, which laid charges against the greater number of individuals, included four counts: Two charged them with conspiring to violate the Espionage Act of June 15, 1917; and two counts charged them with attempting to carry out their illegal plans or actually doing so. It was alleged that they were conspiring to cause insubordination and refusal of duty in the armed forces of the United States and that they were conspiring to obstruct the recruiting and enlisting of men for such service when the nation was at war, also that they had attempted to do or had actually done both of these things. The indictment made particular mention of publication and distribution of the book The Finished Mystery. The second indictment construed the sending of a check to Europe (which was to be used in the work of Bible education in Germany) to be inimical to the interests of the United States. When the defendants were taken to court, it was the first indictment, the one with four counts, that was pursued.

Yet another indictment of C. J. Woodworth and J. F. Rutherford under the Espionage Act was at that time pending in Scranton, Pennsylvania. But, according to a letter from John Lord O'Brian dated May 20, 1918, members of the Department of Justice feared that U.S. District Judge Witmer, before whom the case would be tried, would not agree with their use of the Espionage Act to suppress the activity of men who, because of sincere religious convictions, said things that others might construe as antiwar propaganda. So the Justice Department held the Scranton case in abeyance, pending the outcome of the one in Brooklyn. The government also managed the situation so that Judge Harland B. Howe, from Vermont, whom John Lord O'Brian knew agreed with his viewpoint on such matters, would sit as judge in the case in the U.S. District Court for the Eastern District of New York. The case went to trial on June 5, with Isaac R. Oeland and Charles J. Buchner, a Roman Catholic, as prosecutors. During the trial, as Brother Rutherford observed, Catholic priests frequently conferred with Buchner and Oeland.

As the case proceeded, it was shown that the officers of the Society and the compilers of the book had no intent to interfere with the country's war effort. Evidence presented during the trial showed that plans for the writing of the book-indeed, the writing of most of the manuscript-had occurred before the United States declared war (on April 6, 1917) and that the original contract for publication had been signed before the United States had passed the law (on June 15) that they were said to have violated.

The prosecution highlighted additions to the book made during April and June of 1917, in the course of processing the copy and reading the proofs. These included a quotation from John Haynes Holmes, a clergyman who had forcefully declared that the war was a violation of Christianity. As indicated by one of the defense attorneys, that clergyman's comments, published under the title A Statement to My People on the Eve of War, was still on sale in the United States at the time of the trial. Neither the clergyman nor the publisher was on trial for it. But it was the Bible Students who referred to his sermon who were held liable for the sentiments expressed in it.

The book did not tell men of the world that they had no right to engage in war. But, in explanation of prophecy, it did quote excerpts from issues of The Watch Tower of 1915 to show the inconsistency of clergymen who professed to be ministers of Christ but who were acting as recruiting agents for nations at war.

When it had been learned that the government objected to the book, Brother Rutherford had immediately sent a telegram to the printer to stop producing it, and at the same time, a representative of the Society had been dispatched to the intelligence section of the U.S. Army to find out what their objection was. When it was learned that because of the war then in progress, pages 247-53 of the book were viewed as objectionable, the Society directed that those pages be cut out of all copies of the book before they were offered to the public. And when the government notified district attorneys that further distribution would be a violation of the Espionage Act (although the government declined to express an opinion to the Society on the book in its altered form), the Society directed that all public distribution of the book be suspended.

Hope that helps.

In 1975 a crack team of publishers was sentenced to death by a judicial commiteee. They promptly escaped from the cult and now live life on the run. If you have a problem ... and if you can find them ... maybe you can contact the A--postate Team"

Thanks Dungbeetle: The "Proclaimers" was an attempt to give more details because many things were starting to be revealed about the Society. Yet, here, as in other parts of the book, they spin part of the truth, and leave out other details ... but most of all, they even get it wrong: It was actually the Defense Attorney, Mr. Sparks who was able to get Judge Howe ... and he sucked up to Judge Howe in Chambers. Originally Judge Darvin heard the first Arraignment, and then the Trial was assigned to Judge Chatfield. The Defense didn't want Chatfield because he denied their rights sought for under the Demurrer. Judge Howe reinstated their rights, all rights ...

But the Trial itself under Cross examination reveals the real agenda if the Society and why the Government had a good case.

Prior to the publication of the Proclaimers book, the Society's comments were far more like that in the 4/1/89 Wt you quote above. And earlier publicatons make this out to be major fulfillment of prophecy ... I think the companion books, "Babylon the Great has Fallen" ... and "Then is Finished the Mystery of God" may have dealt with this portion of Revelation and Watchtower application of this event to prophecy ... Also, I will pull out the "Divine Purpose" book which was their original history book, written in 'Chronological' order. The [i]"Proclaimers" book is written in 'Topical' form - much harder to follow.

Thanks again for taking time to bring out these interesting Society quotes.

Here is some interesting trivia which sheds light on the IBSA's attitude toward the military prior to WWI:

1. Dwight D. Eisenhower was reared by loyal "Bible Students", and after graduating H.S., entered West Point in ~1911.

2. CMH holder, General William P. Hall delivered the opening address at the 1911 IBSA Convention. Later that year, he accompanied Russell on his famous "world tour". During that time, General Hall worked in the Adjutant General's dept in Washington DC. After he returned from the world tour, he was promoted to THE ADJUTANT GENERAL OF THE US ARMY for about 6 months. I don't know why the term was so short, or what happened to him thereafter, although I seem to recall that he didn't die until the latter 1920s. It's curious that the history of someone of his prominence is unknown.

Hi Stealth: Yes. All the letters are in my copy of the transcript as Schedules and Exhibits. What I have not seen in the Transcript are the Kingdom News, copies of lectures, or copies of "The Finished Mystery" ... but I have the Finished Mystery in my personal collection. I will be reading the Exhibits again to see if perhaps the 'questionable' pages from the Finished Mystery were transcribed.

The Prosecution paired down the evidence to mostly the letters of correspondence, and the Finished Mystery.