The Trial of the American Masonic Federation in the United States Court

BY BRO. CHARLES C. HUNT, DEPUTY GRAND SECRETARY.  IOWA

THE BUILDER NOVEMBER 1922

In THE BUILDER for September Brother Hunt gave a general statement of the American Masonic Federation Case: in the issue for October he made a critical examination of the claims of that body to the higher degrees: he now furnishes an account of the manner in which the affairs of that organization, masquerading as Masonic, were brought to the attention of Federal authorities, and of the action taken in consequence.  A careful study of this series of articles, the fourth and last of which will be published next month, will give a reader a clear insight into some of the most important principles of Masonic jurisprudence.


MATTHEW MCBLAIN THOMSON, head of the self-styled American Masonic Federation, sent out paid organizers all over the country whose duty it was to organize lodges and confer Masonic degrees. The charge for the Craft degrees ranged from $35.00 up to $50.00 or more, the usual charge being about $50.00.  For the Scottish Rite degrees from the Fourth to the Thirty-Third the charge was from $135.0 to $200.00.  Sometimes the Shrine and Templar degrees were given for this amount, sometimes not.

Occasionally, these organizers in different cities would be arrested by the police on the charge of obtaining money under false pretences.  Sometimes convictions were had, but usually these convictions were hard to obtain, for the reason that it was difficult to disprove statements made by Thomson and his organizers.  This difficulty existed because of a lack of knowledge on the part of Masons called to testify in such trials.

In 1915 one of these organizers by the name of Ranson was arrested in St. Louis. The Post Office Inspector in charge in St. Louis learned of the case, and concluded that it was a matter for the United States Government to take up since it involved a fraudulent use of the mails.  He therefore assigned one of his inspectors, Brother Monte G. Price, to investigate the matter.  Brother Price was not able to enter actively upon this work until 1919; from that time until the trial last May he spent much of his time making an investigation in various parts of this country, and even going to Scotland and to France.

As a result of his investigations, an indictment was found in the District Court of the United States against Matthew McBlain Thomson, Thomas Perrot, Dominic Bergera and Robert Jamieson, and the case was brought to trial in the United States District Court at Salt Lake City, Utah.  As the regular judge in this district is a Mason, Judge Wade of Iowa was assigned to try the case and he impressed all who attended the trial with his absolute fairness to both the prosecution and the defense.

The writer of this article attended this trial, and procured a stenographic copy of the proceedings. Therefore, in what follows, he is speaking from his own knowledge as well as from the official report.

The indictment charged the defendants, Matthew McBlain Thomson, Thomas Perrot, Dominic Bergera and Robert Jamieson, with entering into a conspiracy and using the mails in furthering and carrying out that conspiracy. Said defendants were officers of the American Masonic Federation and the Confederated Supreme Council, organizations claiming to control the Craft and higher degrees of Masonry, respectively.

THE CONSPIRACY

 The conspiracy charged was that of devising a scheme to defraud, in that, as set forth in the indictment:

"Said defendants would make written and verbal, fraudulent and deceptive representations regarding the authority, chain of title, power and history of said two corporations; that said defendants would represent to the public generally throughout the United States of America, and to the persons so to be defrauded as aforesaid, for the purpose of inducing such persons to join said corporations, among other things, the following: that Freemasonry was and is an ancient, exclusive and honourable Fraternity of great merit and respectability, that all true and regular Freemasonry in Europe and America traces its antecedents, authority and power to the ancient lodges of England and Scotland; and that said defendants would falsely and fraudulently represent, pretend and claim that said American Masonic Federation and said The Confederated Supreme Councils of the American Masonic Federation were and are the only regular, legitimate and true Scottish Rite Freemason bodies in America, and that they trace their history through regular and true charters to legitimate Scottish Rite bodies in Scotland, which said Scottish Rite bodies themselves were and are of unimpeachable authority, reputation and responsibility and which reckoned their existence from time immemorial; that said American Masonic Federation had full power and authority within itself to confer what are commonly known as the three Craft or Blue Lodge degrees and to create and charter Craft and Blue Lodges and Grand Lodges superimposed thereupon throughout the United States of America, by virtue of the right and power contained in a charter of authority from the Supreme Council A.&A.S.R. of Freemasonry for the Sovereign and Independent State of Louisiana, a corporation of said State of Louisiana (hereinafter in this indictment referred to simply as the Supreme Council of Louisiana), to said Thomson and thereafter surrendered and transferred to said American Masonic Federation; that said Supreme Council of Louisiana itself traced its Masonic authority and power to Mother Lodge Kilwinning No. 0 of Scotland, represented to be the oldest known source from which Masonic power flowed; that said American Masonic Federation and said The Confederated Supreme Councils of the American Masonic Federation had authority to confer within the United States of America what are commonly called the higher degrees in Masonry and to create and charter consistories, councils, conclaves and tabernacles by virtue of a patent granted said Thomson by the Grand Council of Rites of Scotland, under date of the twentieth day of April, in the year eighteen hundred and ninety-eight, which said patent said Thomson had surrendered and transferred to said The Confederated Supreme Councils of the American Masonic Federation; itself a part of and within said American Masonic Federation; that said Grand Council of Rites of Scotland had recognized said The Confederated Supreme Councils of the American Masonic Federation; that said Grand Council of Rites of Scotland was the oldest Masonic high degree body in the world, was self-existing, the parent of many, the offspring of none, embracing within its bosom all rites and systems which have, in the course of time, been gathered around the parent stem of Scottish Masonry, and that it was a regular, legitimate and true Masonic high degree body of good reputation and unquestioned authority; that said patent given by the Grand Council of Rites of Scotland to said Thomson was the first charter granted by regular Scottish authority to work the Scottish Rite in America and that by virtue of said alleged charter of authority from the Supreme Council of Louisiana and of said patent from the Grand Council of Rites of Scotland, heretofore described, said American Masonic Federation and said The Confederated Supreme Councils of the American Masonic Federation, had the only legitimate and direct chain of title and authority of any Scottish Rite Masons in America, that they alone in America were in regular possession of the Scottish Rite degrees, and that, because of their power and authority predicated upon the alleged charter and the patent aforesaid, they alone in America could confer true, genuine and regular Scottish Rite degrees from the First to the Thirty-Third inclusive; that said defendants, by themselves and their agents and employee, the names of said agents and employees being to the Grand Jurors unknown, therefore their names are omitted from this indictment, in the name of and by pretended authority from, said American Masonic Federation, would pretend to grant charters of supposedly legitimate, regular and authoritative origin, and to create subdivisions, branches, groups and organizations of supposedly regular Masonry, and would pretend to confer legitimate Scottish Rite Masonic degrees upon all such persons as might, by means of said false and fraudulent representations, pretensions and claims, be induced to apply for and purchase the same and to transfer to said defendants, their agents or employees sums of money therefor; and to aid and assist in conferring said pretended and fraudulent degrees, and as a part of said scheme and artifice to defraud, said defendants would make and print, and cause to be made and printed charters, diplomas, certificates and commissions purporting to give to the holders and bearers thereof true and genuine Masonic degrees, rites, powers and authority; that further, as a part of said scheme and artifice to defraud, and to aid in executing the same, and to convey and communicate to persons so to be defrauded the representations herein alleged, the said defendants would print and cause to be printed and distributed throughout the United States, books, pamphlets and statements which would be artfully and carefully prepared, containing pictures of alleged true charters of authority and affiliation to said Thomson and said corporations so as to mislead and deceive the persons who might read them and induce such persons to join said American Masonic Federation or The Confederated Supreme Councils of the American Masonic Federation, or any of their several branches, subdivisions, lodges or chapters, in the belief and with the understanding that they were joining institutions having the true, genuine and legitimate history, power and authority, which, as hereinbefore alleged, said defendants would claim and represent them to have; that further, as a part of said scheme and artifice to defraud, said defendants would publish and print and cause to be published and printed, at Salt Lake City aforesaid, in the name of said corporations a monthly journal or magazine entitled, "The Universal Freemason," which said journal or magazine should be published every month throughout said period of time at Salt Lake City aforesaid and should be distributed by means of the postoffice establishment of the United States throughout the United States of America and should be sold to the persons to be defrauded as aforesaid; that said magazine should contain cunningly and carefully prepared articles and statements in support of the claims and pretensions of said defendants, as hereinbefore stated, and should be made by said defendants with the hope and expectation that credulous and uninformed persons, to whom said magazine or some of the copies thereof might come, would be attracted by their alluring and misleading statements and thereby induced to join said corporations, or their subdivisions, lodges, chapters or branches, and to pay said defendant or said corporations, the fees required as a privilege for so joining; and that all said printed charters, diplomas, certificates, commissions, books, pamphlets, and magazines are too numerous, voluminous and lengthy to be set out in this indictment in full and are for that reason omitted by this Grand Jury. . . .

"That said defendants and each of them throughout the period of time hereinbefore alleged, well knew of the falsity and fraudulent and misleading character of said representations, claims and pretences and of the falsity and fraudulent character and purpose of said artifice, scheme and device; and that all and regular of the false and fraudulent statements, representations and pretences hereinbefore set forth, would be and were intended by said defendants to be made, done and practised for the fraudulent purpose on the part of said defendants and each and all of them to deceive the said persons so to be defrauded, and fraudulently to induce said persons, and each of them, to pay sums of money to said defendants, their agents or employees, or to said The American Masonic Federation and said The Confederated Supreme Councils of the American Masonic Federation in return for membership or degrees in either or both of said corporations, and to cheat and defraud said persons so to be defrauded as aforesaid, with the intent then and there on the part of said defendants fraudulently obtained, in whole or in part, to the use, gain and benefit of said defendants and each of them, and of said other persons to the Grand Jury unknown, with whom said defendants conspired, as aforesaid.  That said conspiracy of defendants was continuous in nature and in purpose and was continuously in existence and in the process of execution by said defendants throughout all the time from and after the said first day of May, in the year nineteen hundred and eighteen, until and including the day of the finding and presentation of this indictment, as aforesaid."


The first three named defendants only were on trial.  Robert Jamieson did his part of the work in Scotland and could not be reached by the courts in this country.  He had been a member of a regular Masonic lodge under the Grand Lodge of Scotland.  In 1914 he was expelled by that Grand Lodge for his part in this scheme.  However, he continued to sign diplomas and certificates issued by this organization, thus giving the Impression that the authority claimed from Scotland was genuine.

THE FIRST WITNESS

The first witness called by the Government was Brother Monte G. Price, the Post Office Inspector residing at St. Louis, Mo.  He testified that he had been assigned to investigate this case by his superior officer in 1915, but had not been able to do any work on it until four years later.  On August 6, 1919, he interviewed the defendants and obtained from them a written statement of the source of their claimed authority, which was substantially similar to that stated above.  He found that the charter from the Grand Council of Rites, which was quoted in the preceding article, was the only authority Thomson had or claimed to have for conferring the higher degrees, from the Fourth to the Thirty-Third inclusive. He also found that the only authority he had or claimed to have for conferring the Craft degrees was the following endorsement on the back of the Scotch patent:

"We, Jos. N. Cheri, M.P.S.G. C. of the Supreme Council of the State of Louisiana, do heartily endorse the purposes on the reverse hereof.
J.N.Cherl,
M.P.S.G.C. of the S. C. of La,

Honourary Member of the G. C. of Rites of Scotland." 

In May 1920 this patent was photographed by the Post Office Department, in New York City, when the following additional endorsement appeared on the back:

"George U. Maury, 
Dec. 11th, 1918.
Most Powerful Sovereign Grand Commander of S. C. of La."

"Under this Patent by the Grand Council of Rites of Scotland, extended to cover the Craft degrees by indorsation of the Sovereign Grand Commander of the Supreme Council of Louisiana, as given above, the Grand Lodge Inter-Montana was instituted on January 7th, 1907, and the Confederated Supreme Council of the Early Grand National Scottish Rite for the United States of America, on the 23rd of April, 1907."

It was proved by two witnesses and by Thomson's own admission that Maury's signature was affixed for the sole purpose of authenticating Cherils signature.  Maury, who was the successor to Cheri as Sovereign Grand Commander, testified that the date "Dec. 11th, 1918" and the words beginning "Under this patent . . ." were not there at the time he, Maury, signed it. Therefore, Thomson's claim that Cheri granted him a charter to confer the Craft degrees had no foundation in fact whatever, even if the patent itself had been valid, and even if Cheri had the power to grant a charter to confer such degrees.  It was shown that under the laws of the Supreme Council of Louisiana no charter was valid unless signed by the first four officers and the Secretary of that body.

George U. Maury, Sovereign Grand Commander, and Rene C. Metayer, Secretary General, testified that the only authority given to Thomson was to heal some clandestine lodges in and around Boston, Mass.

It is evident that Thomson realized that he did not have the authority he claimed, for on October 31st, 1919, he wrote to Maury asking him to sign and send to him the following certificate, so that he could have it photographed to prove his authority:

"TO ALL WHOM THIS MAY CONCERN,

This is to certify that I, George U. Maury, have seen and recognized the indorsement made by the late Illustrious Bro. Joseph M. Cheri, Sovereign Grand Commander of the Supreme Council of Louisiana on the Patent granted by the Grand Council of Rites of Scotland to the Illustrious Bro. Matthew McBlain Thomson confirming and extending the powers of said patent to cover the Symbolic degrees and that the American Masonic Federation created thereby is in fraternal relation with the Supreme Council of Louisiana.

"As witness my hand and seal of the Supreme Council of Louisiana this....... day of November, 1919.
.....................................................................................
Most Powerful Sovereign Grand Commander."

Note that he asked for this certificate so that it could be photographed.  If his patent had given the authority he claimed, why could it not have been photographed, as well as a certificate, is the question that naturally arises and to which Thomson could give no satisfactory reply.  As a matter of fact, it was photographed later by the United States Post Office authorities.

SEPARATES FROM THE SUPREME COUNCIL

Other schemes proposed were for the Supreme Council of Louisiana to become a subordinate of the American Masonic Federation and to revive Polar Star Lodge and remove it to Salt Lake City.  The Supreme Council of Louisiana did not accede to any of these Propositions, and after promises and flattery failed to bring them to terms, Thomson began to threaten.
 
In a letter to Maury, Commander of that Supreme Council, dated December 2, 1919, he intimates that complaints have come to him regarding the regularity of the present Supreme Council of Louisiana.  He then goes on to recite the history of the connection between their two bodies, but his recitation is somewhat different from the claims he had previously made.  He virtually admits that the only authority he received from Louisiana was a personal endorsement of Mr. Cheri, that his connection with the Supreme Council of Louisiana had given him nothing in the way of authority, and he threatens to withdraw recognition from Maury's organization, unless he, Maury, can prove that the said Supreme Council is regular.  Maury asked him what proof he wanted, and Thomson replied that the best proof he could offer would be to sign the certificate above quoted.

He goes on to say that unless he receives a prompt reply acknowledging that Cheri's endorsement on his Patent was for the purpose of allowing him to organize lodges and that Cheri had power to grant such authority, he would sever all connections with the Supreme Council of Louisiana.

Maury refused to write the letter demanded, and Thomson then severed relations with the Supreme Council of Louisiana; thereupon disregarding claims previously made on many occasions, he asserted that he had never claimed authority from Louisiana to confer the Craft degrees, but that on the contrary, he had received such authority from the Grand Council of Rites, through the Rites of Mizraim and Memphis.

In October 1921 he published, under the title of "Is it Ignorance or Malice?" a statement that some people, including certain of his own members, were making "loose and unauthorized claims, which, being incapable of historical support or proof, are maliciously seized upon by our enemies, refuted, and claimed as disproving our whole claim to regularity of descent and Masonic standing.  Among these unauthorized claims is that the Supreme Lodge works by authority of a charter granted to it by the Supreme Council of Louisiana.  A variation of this story claims that this charter was granted by the Lodge Polar Star of New Orleans, La.  Needless to say, both these stories are erroneous, and whether the result of well-meant zeal on the part of ill-informed brethren or malicious perversion on the part of our local enemies, the effect is the same, equally hurtful.  Following we give the official version of our origin taken from a pamphlet circulated by the Supreme Lodge twelve years ago, that should leave no room for misconception."

The official version he then gives goes on to say that his authority to confer the Craft degrees came through the Scottish Grand Council of Rites having control over various so-called Masonic rites, including those of Memphis and Mizraim, but this was very different from his previous claims.

The pamphlet referred to as published "twelve years ago" is "Who is Who in Masonry, and Why I am a Scottish Rite Mason," but it did not contain the explanation quoted until republished in 1920, when this explanation was interpolated without any intimation that it was something entirely new.  On the witness stand Thomson was asked to produce this, or any other pamphlet, published "twelve years ago" which contained this explanation of his authority, but he could not do it, nor could he produce a pamphlet in which he had said substantially the same thing prior to the investigation by the United States Government. On the contrary, he had repeatedly contended that his authority from the Grand Council of Rites was for the higher degrees only, and that for the Craft degrees he had been compelled to go to the Supreme Council of Louisiana.  It was not until the officers of that Supreme Council refused to confirm his claim that he repudiated them as clandestine and asserted other claims to authority over the Craft degrees.  Witness after witness testified that it was on the basis of claims made for authority over the Craft degrees from the Supreme Council of Louisiana, behind which they believed to stand the authority of Mother Kilwinning Lodge of Scotland, that they had been induced to join Thomson's organization.  In all these representations he never intimated the fact that the Supreme Council of Louisiana was an organization composed of coloured men, but gave them the impression that it was composed of Frenchmen.  Maury testified that there were only two or three white men in his entire organization.

THOMSON TRIES TO EXPLAIN

On the witness stand Thomson attempted to explain the statements made in his writings to the effect that he had a charter from Louisiana by saying: "Charter is used in the general sense, as authority, a permission, a sanction, or a word of similar nature, and in all my writings I denied receiving a charter in the sense of a formal document. . . . I always said it was an endorsement upon my Patent.  That is the sense in which I used the word.  The general sense of an authority." On cross examination he was asked to produce any writings prior to this investigation where he had made this explanation, but he could not.

The following quotation from the cross examination is interesting:

"Q. You explained that is not accurate language and that in all your writings you have denied that you have a charter from the Supreme Council of Louisiana.  Will you please refer us to these writings?

"A. Would I be allowed to say that I always said that it was an indorsation on my patent?

"Q. Will you show me any place where you had said "I deny that we have a charter from the Supreme Council of Louisiana.' Show me any place where you have ever written that until this late controversy?

"A. I don't know where I have written it.

"Q. You don't know where you have written it?

"A. I have written it, but I can't produce it. I have always affirmed the other way.

"Q. The volumes of your magazine are on the desk there.  Can you turn to any volume where you said 'I deny that we have a charter from the Supreme Council of Louisiana' until the time of this controversy?

"A. I don't know that I could."

Reference has been made to a pamphlet "Who is Who in Masonry, and Why I am a Scottish Rite Mason." It was the great text-book of Thomson's organization.  Many witnesses testified that Thomson always referred to it as the answer to every question that was asked him regarding his authority and as the final argument in every controversy.  The preface to this pamphlet is signed by all three of the defendants, and is as follows:

"This booklet is intended for the exclusive use of members in the obedience of the American Masonic Federation, Inc., of the Ancient and Accepted Scottish Rite of Freemasonry, so that each member may be in a position to have on hand a brief historical chain of title of our system of Masonry as descended to us by proper Masonic charters from the oldest lodge of Masons known to the living world, viz., MOTHER KILWINNING, incidentally giving the origin of the Grand Lodges of the State or Modern Masons from the cold facts of history, thus placing our members in a position to refute false statements that may be made to them by any person or persons, and enabling them to distinguish as to 'Who is Who' in Masonry.

"It is published by authority of the Supreme Lodge of the American Masonic Federation.

(All rights reserved.)
M.McB. Thomson
President-General.
Thomas Perrot
Secretary-General.
D. Bergera
Treasurer-General."

On the witness stand Thomson was asked if he had read the preface to the pamphlet before signing it.  He replied: "I can't say that I did."

"Q. You see your name there at the preface?

"A. Quite possible. It might have been written with a stamp.  That is not my writing.  I don't see anything wrong with it.

"Q. Well, you put that out.  You were publishing it as being under your approval, weren't you?

"A. I am willing to accept that as stated therein.  I am willing to accept that, because there is nothing wrong in it.  It is not very lucid in its statement.

"Q. Had you read page 8 before this magazine was sent out to the public?

"A. I don't remember reading, but I am willing to accept the statements in it.

"Q. Did you read it after it was put out to the public?

"A. I read it, I think yesterday.

"Q. Have you ever read it before, Mr. Thomson?

"A. I don't believe I did before."
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