Part 5a: JFR Trial – 1st Witness
Note: The opening statements to the Jury by the Government prosecutor and defense attorneys was not recorded in the Trial transcript, other than a note to that effect. Typically the prosecution opens its case first to prove its position that the defendants are guilty. The defense then rebuts and puts on their case to prove the defendants either innocent, or to substantiate ‘reasonable doubt.’ Thus the basis is laid by the defense for the Jury to either rule “Not Guilty” or to “Acquit” based on insufficient evidence – hence, reasonable doubt.
Trial Transcript, Pages 162 – 193 Sect. 484 – 579
Walter A. Conkey was called as a witness for the Government. He is the book printer located at the time in Hammond, Indiana who printed material for the Society. He testified that he printed “The Finished Mystery” book under contract with the Watchtower Society. ALL of the contracts were identified as being written and signed by Joseph F. Rutherford.
DEF-Sparks objected to these contracts being introduced into evidence, saying that they do not prove a conspiracy. The Court asked if he had read them, to which he admitted he did not, but he knew the dates preceded the period cited for the conspiracy to start ... but the Prosecutor should that the first items was a ‘proposal from June 22, 1917, well within the time of when the alleged conspiracy commenced, and all the contracts signed were dated “after” that date. Sparks accused the Prosecution of concealing the first contract dated prior to the start of the conspiracy. The Prosecution rebutted that he did not include the first contract at the request of the defense because ti predated the conspiracy ... so he started with the ‘proposal’ dated after the start of the conspiracy and used the contracts from that time forward. Note: The commencement of the Conspiracy date in the Indictment is June 15th, 1917.
Sparks objected again because the contracts did not bear the signatures of the other defendants. The Prosecution countered that they are only establishing the dates for the record that the Watchtower Society contracted the printing and offered to back off on any further use. The Court accepted this, and instructed the Jury to ignore these contracts except to their use for dates of contracts.
The Court only allow these printings and bindings to be placed against one defendant (presumably Joseph Rutherford) as a compromise to the defense, and the Judge places the burden on the Government. After the prosecution completes it examination of Conkey, with many objections by Sparks that seem minor, the prosecution ends its direct examination of Conkey.
The defense cross-examines Conkey. Mr. Sparks spends considerable time trying to establish that the original manuscript of “The Finished Mystery” was received ‘prior’ to June 15th, 1917 ... but testimony shows that the complete manuscript was received no earlier than June 19th, 1917. [The June 15th date is the time when Congress passes the Selective Service Act along with being in a ‘state of war’ with the Imperial German Government. The defense want to establish that if the manuscript were received prior to that date, then there could be no conspiracy to violate a law not yet enacted.
Sparks keep asking the same question of Conkey about when the manuscript was received, and he states as president of the company, he personally does not know as this was handled by his employees ... and whatever dates they say is what should be used.
The Court allows Sparks to keep hammering away at Conkey, and then finally interrupts to ask the prosecution if the Government claims in its charges that the manuscript must have been received by the printer on a certain date, to which the Government say nothing was establish. The issue for the Government was the 97 pages added by the Watchtower Society to the book after the date ... The Court asks the prosecution if they can concede this point, to which the Government says they may. The defense and prosecution compromise at the defense request that the original manuscript was received June 9th, 1917 ... prior to the war act, and that the 97 additional pages in question were received after June 15th, 1917, possibly by June 30th, 1917.
However, Mr. Sparks keeps objecting, and arguing finer points of dates. He wants it stipulated in the Court record that the receipt and commencement of manufacture of the book begin prior to June 16th, 1917. The prosecution agrees that the original manuscript and manufacture process commenced prior to that date. Both Sparks and Fuller fight with the Court over certain portions of book being in evidence ... they only want the pages in question, and not the entire book ... to which the Court agreed, and promised to protect the defense on this issue.
The Government complies: After the Government agreed to stick strictly with the pages in question, they attempt to intr4oduce this into evidence according to the defense stipulations. But Sparks objects again, stating that these cannot be introduced because defendant DeCecca is not involved in the pages. Mr. Fuller makes the same objection for his defendants. Fuller argues that Sparks defendants, Rutherford and Woodworth are involved. The Government shows that they will connect at least four defendants, so the Court allows the government to proceed on this phase of the matter with four defendants, Rutherford, Woodworth, MacMillan, and Van Amburgh.
The Issue of Importance: The prosecution contends that Rutherford and company conspired together on or after June 15th 1917 to publish material that violated the espionage act, and that their submission of additional pages after that date, their signing contracts for printing after that date, and their working together or by separate acts all accomplished the purpose of violating the law. The prosecution promises the Court that they will connect all the defendants to the conspiracy charge. The defense is trying to say that to prove a conspiracy, the prosecution must show they conspired together, acted together, and did everything after June 15th, 1917.
The Witness, Walter Conkey: testified that Rutherford, Macmillan, Woodworth and Martin all showed up at his printing factory after June 30th, 1917 and on subsequent occasions, to review “Proofs” of the book, and were given office space to meet and review the material and make any noted changes. While not conclusive, because Mr. Conkey did not hear much of the conversations between the Watchtower officials, his placing them together in the same office to review the ‘Proofs” was at least enough to show they acted together.
The Court Rules: After hearing arguements about stipulations from the prosecution and the defense on this matter, the Court rules that it is acceptable to prove conspiracy by separate acts as long as this can be shown to work together for a singular purpose. Rutherford and Woodworth write the book manuscript, Rutherford negotiates printing contracts, Van Amburgh signs checks for deposit on the contract, etc. ... and that several of these men show up at the printing factory to review and discuss “Proofs” and approve continued printing work. The Court lets the prosecution move forward.
Prosecution now reads Preface to the book:“It seemed pleasing to the Lord that Brothers C.J. Woodworth and George H. Fisher should prepare the 7th volume under the direction of the Watch Tower Bible & Tract Society. While both residing in the same city, they have worked separate and apart from each other, not even comparing notes. The reader will be able to judge how fully the work of each harmonizes with that of the other and with the Divine Plan, thus giving further evidence of the Lord’s direction in this matter.”
FAMOUS PAGES IN QUESTION: The Finished Mystery book, in its original publication contained more pages than what was later revised after Rutherford and company were sent to prison. But the pages read in Court may not be the same as copies some now have in their libraries, but they are as follows: [b]Pages 247-253, 289, 406, Sub-title, “They have blown the Trumpet” ... , page 407, and 469. Then ...
They prosecution and both defense attorneys debate the meaning and interpretation of Ezekiel 19:7 and 23:31, and argue over splitting up sentences ... and whether the book quotes the Bible or is interpreting the Bible. Rather interesting procedure for a Court trial. They continue to debate times and dates of printing, and whether the act of Rutherford and company showing up to review the “Proof” is part of the conspiracy to also “Distribute’ the book.
This ends the testimony of Walter Conkey, but he is reserved in case either party wished to call him at a later time.
Next, will be the testimony of Mr. Hitchcock as a witness for the Prosecution. ... stay tuned ...