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Faith on the March
A.H. Macmillan
Copyright 1957
| CHAPTER 7
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| SENTENCED TO EIGHTY YEARS FOR PREACHING THE GOSPEL
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| PAGE 91
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ONE DAY just before our trial was due to begin a group of men came into Bethel and asked to see J. F. Rutherford. Since he was busy at the time l asked them: "Gentlemen, what do you desire?"
"Well," the spokesman said, "we represent an organization that is interested in civil liberties and we want to know something about this prosecution. We read in the paper about your arrest."
"As far as we know, gentlemen, it is just the anger of one powerful religious organization working against us because we have exposed some of their false teachings."
"Don't fool yourself, sir, it isn't just one organization that is active against you. There is a definite campaign on to stop your work."
"How do you know that?"
"We are interested in such things and this kind of activity
is rampant just now. There are a large number of minority groups that are not popular and those in certain places of authority are pouncing on them, trying to wipe them out, and that is what they are going to do to you if they can."
That is what proved to be the case.
The trial opened June 3, 1918. Because of the feeling that had been manifested in our preliminary hearings we filed affidavits showing why we believed Judge Garvin was biased against us. This automatically transferred the case to Judge Chatfield, but Since there was no qualified judge without bias and prejudice who wanted to try the case, United States District Judge Harland B. Howe was brought in from Vermont to preside. This was the same Judge Howe mentioned by O'Brien in the letter I referred to earlier. So, while it was known to the Government that Howe had special prejudice in favor of the prosecution of the law and against the defendants charged with violating it, it was not known to us. But we were not left long in the dark. From the first conference of the attorneys in the judge's chambers before the trial began his animosity was manifested, and he indicated, "I'm going to give these defendants all that is coming to them." However, it was now too late for our attorneys to file an affidavit of prejudice on the part of the judge.
Our indictment was in four counts, each count charging a separate and distinct offense under different parts of the statute. This statute, known as the espionage Law, was enacted June 15, 1917, and was strictly a war measure. It would be impossible to violate it when the country is at peace.
The indictment as originally returned charged that a conspiracy was entered into some time between April 6, 1917 the date the United States declared war, and the sixth day of
May, 1918. Upon motion the Government specified the date of the alleged offense as between June 15, 1917 and May 6, 1918.
A conspiracy is an agreement between two or more persons to commit an unlawful act. At the trial the Government contended that The Finished Mystery was written and published designedly to hinder the United States in raising an army and prosecuting the war and that the defendants had written letters to members of the Society within draft age that interfered with the raising of an army. The Finished Mystery was offered in evidence by the Government and portions of it read, particularly the preface, pages 247-252, 406, 407, and 469. The Government counsel contended that these pages were designedly hidden in different parts of the book for the purpose of getting a person interested in some other part of the book and then influencing him by the statements concerning war; that publishing the book, The Bible Students Monthly and The Watch Tower, as well as writing letters to conscientious objectors, all were overt acts in carrying out the conspiracy.
On June 10 Mr. Eland, Special Assistant Attorney General, as prosecutor for the Government, said: 1 "The Government rests, if your Honor please, except for some motions."
Judge Howe asked: "Now, have you introduced some evidence tending to show some act of each of the defendants are in furtherance of this alleged conspiracy?"
"Yes, sir."
"As to Rutherford and Van Amburgh, I am clear about, and the two defendants who wrote the seventh volume I am clear about them, Woodworth and Fisher. Now, as to the defendant De Cecca, who was the one who wrote these letters, I am clear about him, and Martin, who was the manager, I am clear about him, and Robinson. That leaves Mr. Macmillan."
"As to Mr. Macmillan," Oeland replied, "there is a check
in evidence which the witness, Mr. Conkey, said was in payment of the books, of these books, [that check being] countersigned by Mr. Macmillan; then the additional fact testified to by the first woman witness, Mrs. Campbell, that Macmillan was the general manager in the absence of Mr. Rutherford, attending to the correspondence in Mr. Rutherford's absence. As I recall it, she testified that Macmillan was the general manager and he was Mr. Rutherford's assistant, that is what she said, and acted whenever he was absent. Some testimony was given by that same witness, Mr. Hudgings, that in Rutherford's absence he took--he ran the whole place in Rutherford's absence."
"You have not shown any act or acts of Macmillan except his signing of the checks."
"That is the only act outside of the fact that I asked this lady and she said in Mr. Rutherford's absence he gave her directions as to what to do in the office and I asked the same fact of Mr. Hudgings. I think I asked her if she had general directions in Mr. Rutherford's absence----"
Mr. Fuller, one of our attorneys, interrupted: "I think the testimony is that she understood that he looked after matters in Mr. Rutherford's absence; in respect to the correspondence she said she couldn't say, testified that he sort of helped out. In other words, that she understood he was in a representative capacity, but could not specify with any degree of particularity what character of duties he performed."
Judge Howe then said: "If there is no evidence tending to show he conspired, he will be discharged."
It was then established that the check was turned over in payment on a general open running account for printed literature. Actually, it became apparent that the Government expected to convict me of conspiracy simply on the fact that I had countersigned a check used in part for payment in printing the questionable book, which according to the evidence
submitted I might never even have seen before it was published. Then Judge Howe said, "Well, the Government rests. What will the defendants do first?"
| THE PROSECUTION MAKES ANOTHER ATTEMPT
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Immediately our attorneys submitted motions for dismissal in our behalf on the ground that no cause of action had been proved. The Government had admitted that the book was written before the United States entered the war and before the Selective Draft Act and Espionage Law had been passed, so no intent to interfere with these laws could be shown in the writing of the book. The effort was then made to show that after the laws had been passed by Congress continued sale of the seventh volume constituted intent and established conspiracy.
Judge Howe denied all of the motions to dismiss us except that in my favor, and he reserved decision on that until the next day.
Some of our people who were attending the trial later told me that one of the attorneys for the Government had gone out into the hallway, where he talked in low tones to some of those who had led the opposition within the Society. They said, "Don't let that fellow go; he's the worst of the bunch. He'll keep things going if you don't get him with the others."
That night the eight of us gathered in our attorneys' office to discuss the evidence that had been put in and decided on what points should be brought out when court reconvened. Finally one of our attorneys turned to me, saying, "Do you know that tomorrow morning we can have you released? Do you want to go to prison if you are convicted? "
I said: "Mr.Fuller, if these men, my friends, are going to
the Atlanta prison or any other place for preaching the gospel, I want to go with them."
"Do you mean that? That might mean something serious to you."
"I mean every word of it."
He smiled, and said, "Now if you are convicted and you remain there, it will help our case on appeal."
The next morning the Government reopened its case and introduced a paper which they testified had been taken from the Society's offices. They read parts of it to the jury and said it was a record of a meeting of the board of directors during which publication of The Finished Mystery was discussed. The prosecution indicated it was signed by all of the Society's officers including me. They said that the seventh volume was the issue in prosecuting us, and if I had endorsed the publication, then I was in the conspiracy.
This is what the record indicated as to my part in the publication of the book. The quotation is from a signed statement of facts read by Rutherford to the board to acquaint them with his activities since he had become president about seven months previous. Among other things it said: "It seemed good to the Lord to have the seventh volume prepared, and two faithful brethren, Brothers Woodworth and Fisher, did this work, other faithful ones assisting in the mechanical part of it. I have read considerable of the manuscript and printers' proof while traveling on trains. When the time came for publishing this work we were in the midst of much opposition [from the four of our associates who believed themselves directors] and, knowing that to consult the opposers would hinder the publishing of the volume, I took counsel with Brothers Van Amburgh, Macmillan, Martin and Hudgings, of the office force. After praying over the matter the Lord seemed to open the way so that the opposition might not interfere. A certain brother, without solicitation, placed in my hands the necessary money with which this book should he published, and the
Lord's favor seeming to be upon it the publication was undertaken."
Then the question came up as to my signature on this paper. Nobody could identify it. The prosecution called to the stand William F. Hudgings, who had charge of all the Society's printing. They put him on the stand, and because he insisted he could not identify my signature Judge Howe finally adjudged him guilty of contempt of court and ordered him committed to jail--even though he was the Government's witness. On the same day the grand jury indicted him for perjury. Pleading not guilty, he obtained an order for release on bail but was unable to avail himself of it because he continued to be held under the commitment for contempt. In fact, the commitment directed that it should continue in force until the witness had purged himself of the contempt for which he was being punished. It was not until a writ of habeas corpus was allowed by the Supreme Court of the United States and a decision rendered in his favor that he was released on bail December 12, 1918 Finally, April 14, 1919, ten months after his commitment, the Supreme Court decision in his favor was announced. In writing the opinion of the Supreme Court,2 Chief Justice White stated that the lower court "had exceeded its jurisdiction by punishing as a contempt an act which it had no power to so punish, and that even if the act punished was susceptible of being treated as a contempt the action of the court was arbitrary, beyond the limits of any discretion possessed, and violative of due process of law under the Fifth Amendment." This "arbitrary" attitude of Judge Howe, identified expressly in the Hudgings opinion by the Chief Justice of the United States, well represented Howe's attitude throughout the trial.
After Hudgings failed to identify my signature a former officer of the Society was sworn in and he said he could identify the signature. He couldn't remember ever having seen me write anything but he said, "That is his signature."
| page 98
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| OUR DEFENSE SHOWS NO INTENT
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After the Government had completed its case we presented our defense. In essence we showed that the Society is wholly a religious organization; that the members accept as their principles of belief the Holy Bible as expounded by Charles T. Russell; that C. T. Russell in his lifetime wrote and published six volumes, Studies in the Scriptures, and as early as 1896 promised the seventh volume which would treat Ezekiel and Revelation; that on his death bed he stated that someone else would write the seventh volume; that shortly after his death the executive committee of the Society authorized C. J. Wood worth and George H. Fisher to write and submit manuscript for consideration without any promise made concerning publication; that the manuscript on Revelation was completed before the United States got into the war and all the manuscript of the entire book (except a chapter on the Temple) was in the hands of the printer before the enactment of the Espionage Law; hence, it was impossible for any such conspiracy as charged to have been entered into to violate the law.
We testified that we never at any time combined, agreed or conspired to do anything whatsoever to affect the draft or interfere with the Government in the prosecution of the war, nor did we have any thought of so doing; that we never had any intention of interfering in any manner with the war; that our work was wholly religious and not at all political; that we did not solicit members and never advised or encouraged anyone to resist the draft; that the letters written were to those whom we knew to be dedicated Christians who were entitled under the law to advice; that we were not opposed to the nation going to war, but as dedicated Christians could not engage in mortal combat.
At the trial it was apparent to us that the prosecution, with consent of Judge Howe (and also in his charge to the jury), aimed for conviction, insisting our motive was irrelevant and
that intent should be inferred from our acts. The Attorney General had designed the Espionage Law to make such prosecutions possible even though having "a clear idea of the results which would follow from the enforcement of this statute." Later O'Brien himself admitted this, reporting that all United States Attorneys had been immediately warned "against dangers of abuse under this law." Publicity given the law "fanned animosities into flame, vastly increasing the amount of suspicion and complaints throughout the country." Even influential Felix Frankfurter wrote Secretary of War Baker that "conscientious objectors . . . be turned over to the Fort Leavenworth authorities for treatment."3 We were caught in a tide of popular opinion.
The case went to the jury June 20 about 5 P.M., and at 9:40 P.M. the same night they came in with their verdict. The Clerk of Court said, "Have you reached a verdict, gentlemen?"
"Yes. Guilty on all four counts."
"Is Defendant Macmillan found guilty also?"
"Yes."
Next day at high noon Judge Howe pronounced sentence.
| COMMITTED TO THE PENITENTIARY
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We all were present; the courtroom was packed. When asked by the court if we had anything to say none of us responded.
Judge Howe in sentencing us said, in a spirit of anger: "The religious propaganda in which these men are engaged is more harmful than a division of German soldiers [1,200 men] . They have not only called in question the law officers of the Government and the army intelligence bureau but have denounced all the ministers of all the churches. Their punishment should be severe."4 (Italics mine)
We remarked at the time as to the similarity of these Words with those used against Stephen, the first Christian martyr.5
The religious leaders stirred up the people against Stephen because they were unable to resist the wisdom and spirit by which he spoke. They charged that "this man ceaseth not to speak blasphemous words against this holy place [the Jewish ecclesiastical system], and against the law."
We were sentenced to eighty years in the penitentiary. Sentence for Giovanni De Cecca was delayed for further information. He finally received forty years. All sentences were on four counts, to run concurrently; which meant that seven of us could look forward to twenty years in Atlanta.
We were kept in Brooklyn's Raymond Street jail. It was the dirtiest hole I ever got into. C. J. Woodworth, one of our group sentenced, said there were four kinds of bedbugs there; and I asked him how he knew. "Why," he said, "I have four kinds of lumps on my body."
We navigated along there for a week. Then we were sent for another week down to Long Island City prison. Finally on the fourth of July we were bundled up and sent to Atlanta by train.
From the tone of some of the newspaper accounts, there was considerable rejoicing in certain quarters over our conviction. It was obvious that the clergymen of some religions thought they had the Watch Tower Society killed and out of the way for all time. Circumstances that developed certainly seemed to indicate that. It made me think of John the Baptist when Herod had him beheaded, and of how John's disciples came and took the body and buried it. In other words, after being killed, John was put back to the dust he came from. The Society was organized and incorporated in Allegheny, Pennsylvania. Well, those left in charge at Brooklyn were forced by circumstances to take the Society's headquarters right back where it came from and bury it there--in a bit of a building on Federal Street.
Judge Howe and, later, Circuit Judge Martin Manton both
denied bail pending appeal of our case, so we were hurried away to Atlanta before a third application for bail was heard at Washington by Justice Brandeis of the Supreme Court of the United States. Getting into a new home with prospects of being there twenty years was a trying experience.
| THE DEPUTY WARDEN BECOMES DISTURBED
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At first we were put in the tailor shop making buttonholes and sewing buttons on prisoners' clothes. They put Rutherford to making those little jackets the prisoners wear. There was no collar on them, just sleeves and pockets. Giovanni De Cecca, who is still a member of our headquarters staff, relates how Rutherford worked on one for a long time and even then he did not finish it. One of the guards, Giovanni said, was just a little fellow but he "trimmed the judge down," and Rutherford was a big man, six feet, four. But the guard was so unreasonable that some of the other prisoners, three or four Italians and some Jews, out of pity for him, took hold of the jacket and finished it in just a few minutes. For that consideration and kindness shown by these other prisoners who never had seen him before, Rutherford actually had tears in his eyes. Eventually Rutherford was transferred to the library, where he was much more at home with the work.
At first most of the prisoners and guards were against us, because they had been given a false impression. But gradually their attitude changed. Then, when Christmas time came, our friends outside sent us so many things that we could not use all of them ourselves. Rutherford asked permission from the warden to pass some around to prisoners who had not received anything from home. He readily granted permission, and even provided paper bags for our use. We were able to give out about fifteen hundred packages of stuff.
Of course I got into some trouble there, as I do almost every place I go; but it was not really serious. One of the trusties approached me and offered to sell me a little trunk, a sort of box to keep things in my cell. He said, "Put a lock on it, put your personal things in it and when a trusty comes in to clean up your cell during the day he can't get into it."
"Well, what do you want for it?" I had no money, of course, but finally we settled for a safety razor and I put the box in my cell. Where did he get it, do you Suppose? Later I found out what trusty had stolen it from the officers' mess. It was a bread box they had made to keep bread in so it would not get stale.
The guards started searching the whole plant from one end to another. They even looked in the stall of old Bill, the mule, to see if it was in there. Then they found it in my cell. The Deputy Warden called me down to his office. He was judge, jury and executioner for any crime inside the penitentiary. The dungeon was right bask of his office, in through a narrow door, and there you were put if found guilty. We called it "the hole." Of course, the prisoners knew about this "frisking" that had been going on. By this time all the prisoners had become acquainted with us and when they saw me going down to the Deputy's office they said, "Oh Mac is in, he'll be in the hole for six months."
When I entered the Deputy's office he said, "Well, you know what I called you for. You were found with contraband in your cell."
"Yes, I got a box in there."
"Where did you get it?"
"From Murphy."
"What did you give him for it?"
"A safety razor."
"Do you know where he got it?"
"No, I haven't the slightest idea."
"Why, he stole it from the officers' mess."
"Well, I didn't know that."
"Well, we'll forget it. I know you didn't. But I want to talk to you. What do you think of this place you are in anyway?"
I said, "Deputy that is rather an embarrassing question. If I tell you what I think, you wouldn't enjoy the speech I'd make. I'm not enjoying it a bit in here."
We talked about our various activities and I talked at some length to him about my religious convictions and finally I said, "Deputy, if we are wrong in what we teach, we are the greatest enemies of this old world that exist and every one of us ought to be in the penitentiary; but if we are telling the truth about God's Word and his purposes, and I believe we are, then God help the Government and the people who persecute us."
He folded his arms and his head dropped down. He never said a word and I got up and went out. He had not dismissed me but I thought, "If he's going to pray, I'm going to get out of here."
On the way out I met one of the officers going into the Deputy's office. The next morning I saw the same officer in the field and he said, "Come over here, Macmillan." I don't think he called me Macmillan, he said "8639, come over here." That was my number.
"What do you want, Officer?"
"What did you say to the Deputy as you were leaving the office?"
"What do you mean?"
"When you were leaving the office yesterday."
"Why, why do you ask? " I was stalling.
"Well, when I went in there I stood for a half minute, probably more, and he had his arms folded and his head bowed and never said a word to me. Finally he said, 'Macmillan is right. Macmillan is right.' Repeating it. What did you say?"
Then I told him.
| page 104
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| PREACHING IN PRISON
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The Deputy seemed really worried about the matter, and afterward he treated us with every consideration. That was quite a change from the treatment when we arrived. Our experience with the Sunday school is an instance of that. Going to church was mandatory; you couldn't get out of it unless you were sick and had a doctor's excuse or a certificate. The Catholics went in at eight and they got through at nine. We went in at 9:15 or 9:30 and got through at l0:30.
The Deputy told us when we first arrived there, "You men are in this prison for a long time. We are going to give you some work to do. Now, what can you do?"
"Deputy," I answered, "I've never done anything in my life but preach. Have you got anything like that here?"
"No, sir! That's what you are in here for, and I tell you now you are not doing any preaching here."
That was in July. Toward fall, in September, they grouped up different ones into Sunday school classes. I was given a class of about fifteen Jewish men. Judge Rutherford had a class, and Giovanni De Cecca had an Italian class. Finally we each had a class.
We were following the Quarterly Sunday school lessons and, strange to say, our lessons began with Abraham, the promises made to him and Isaac and Jacob--all the way down the line. Nothing could have been better for me to teach to a class of Jewish men.
One day I met the Deputy out on the field and he said, "Macmillan, those lessons you are having there are wonderful. I attend them all and I think that in time you will take all those Jews into the Promised Land. I'm hoping for that."
"Well," I said, "Deputy, when I came in here you told me I wasn't to do any preaching."
"Oh, forget that," he said.
The flu came long and our Sunday school was discontinued
for a time. But just before we left all the classes were united in honor of our leaving. We were going on Monday, and that Sunday Rutherford talked for about three-quarters of an hour to that group. We had a number of the officers in there and many of the men had tears running down their cheeks. They were deeply impressed. We left a little group in there that was organized to continue their study.
| AN EVIDENCE OF JEHOVAH'S FAVOR
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Several weeks before we were released something happened that left a deep impression on me. At New Year's time the Society held its annual election of officers in Pittsburgh. Of course Rutherford knew that those opposing the Society within the organization would come to the fore now and try to get him and all the rest of us out of office, and get a new set in whom they could run. Saturday afternoon, the first of January that year, was the time of the election. I was out at the tennis court playing. We had a tournament among the prisoners. That was the only relaxation we could get, so I was all for it.
Rutherford said, "Mac, I want to talk to you."
"What do you want to talk to me about?"
"I want to talk to you about what's going on at Pittsburgh."
"I'd like to play this tournament out here."
"Aren't you interested in what's going on? Don't you know it's the election of officers today? You might be ignored and dropped and we'll stay here forever."
"Brother Rutherford," I said, "let me tell you something perhaps you haven't thought of. This is the first time since the Society was incorporated that it can become clearly evident whom Jehovah God would like to have as president."
"What do you mean by that?"
"I mean that Brother Russell had a controlling vote and he
appointed the different officers. Now with us seemingly out of commission the matter's different. But, if we got out in time to go up to that assembly to that business meeting, we would come in there and would be accepted to take Brother Russell's place with the same honor he received. It might look then like man's work, not God's."
Rutherford just looked thoughtful and walked away.
Next morning he rapped on the cell walls and said, "Poke your hand out." He handed me a telegram saying that he had been elected president and C. A. Wise vice-president. He was very happy to see this display of assurance that Jehovah was running the Society.
That day we were in the field; the tennis tournament was over and I was quiet again. We got down to the corner and he said, "I want to tell you something. You made a remark yesterday that is working in my mind; about us being put in Brother Russell's place. It might have influenced the election and then the Lord would not have had a chance to demonstrate whom he wanted in. Why, brother, if I ever get out of here, by God's grace I'll crush all this business of creature worship if I have to get kicked out for doing it."
He was surely worked up. I sympathized with him a good deal but I did not believe he could do it. I was not counting on what was to take place in the near future.
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