The case of AMORC (plaintiff) vs E. E. Thomas, et al.(defendants) (1931)
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOE THE COUNTY OF LOS ANGELES. Department No. 40. Hon. Caryl M. Sheldon, Judge, THE ANCIENT AND MYSTICAL ORDER OF R03AE CRUCIS, a corporation. Plaintiff, vs. E. E. THOMAS, et al.. Defendants. No. 283,405 REPORTER'S TRANSCRIPT APPEARANCES: For Plaintiff: Weltnrn Mayo ok, Esq., Alfred Aram, Esq. and For Defendants: C. C. Kerapley, Esq. Charles A. Bowman, Official Reporter.
description
Transcript by Charles A. Bowman, Official Reporter.
Transcript of The case of AMORC (plaintiff) vs E. E. Thomas, et al.(defendants) (1931)
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOE THE COUNTY OF LOS ANGELES.
Department No. 40. Hon. Caryl M. Sheldon, Judge,
THE ANCIENT AND MYSTICAL ORDER OF R03AE CRUCIS, a corporation.
Plaintiff,
vs.
E. E. THOMAS, et al..
Defendants.
No. 283,405
REPORTER'S TRANSCRIPT
APPEARANCES:
For Plaintiff: Weltnrn Mayo ok, Esq., Alfred Aram, Esq.
and
For Defendants: C. C. Kerapley, Esq.
Charles A. Bowman, Official Reporter.
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I 5 D E X
DIRECT CR03S REDIRECT
WITNESSES fOR PLAIBTIFF
Harvey Spencer Lewis 13 32
E. E. Thomas 78 124
H. B. Roberta 127 128 128
Anthony M. Hernandez 129 130
Fred Seasler 135
Mrs Katie L. Vagner 137 138
Clara L. Treat 140 141 141
Mrs Kathleen E. Bentley 147
Mrs George B, Schelling 153 154
WITNESSES FOR DEFEHDAHTS
Harry Spencer Lewis (Recalled) 158 164 164
E. E. Thomas (Recalled) 166 186
144
1 * 1 1 8 . 2 . 1 1
Plaintiff*a Exhibit Plaintiff's Exhibit1 -----
------ 19 132 ----- 143 ----- 154 ----- 165 ----- ------ 92 176 ----- 187 ----- 198 ----- ------ 97 209 ----- 21
1 0 ----- ------ 98 22U ----- 231 2 ----- ------ 100 24
109115
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149
Defendants' ExhibitA ------------- 62B 67G for Ident. 1352 160B for Ident.- 161F ------------ 165G ------------ 175
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IN THE 3UPEHIOE COURT OP THE STATE OP CALIFORNIA,
IN AND POE THE COUNTY OF LOS ANGELES.
Department No. 40. Hon. Caryl M. Sheldon, Judge.
THE ANCIENT AND MYSTICAL ORDER OP HOSAE CEUCIS, a corporation.
Plaintiff,
vs.
E. E. THOMAS, et al.,
Defendanta.
No. 2BS.405
REPORTER'S TRANSCRIPT
o~~
APPEARANCES:
For Plaintiff: We It urn Mayock, Esq. Alfred Aram, Esq.
and
For Defendant: C. C. Eempley, Esq.
Charles A. Bowman, Official Reporter,
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;1
Honda;, January 5, 19Z1; 10 o'clock a. .
HE HAYCOCK: This complaint la rather voluminous In Its
oharaotar, your Honor, and I suppose for the first time now
your Honor Is mads aware of the case, so perhaps It would
ha well If 1 would briefly outline In a short opening state
ment the position of the plaintiff in this matter.
The plaintiff, your Honor, please, is the Ancient and
Hystical Order of Bosaa Gruels, a corporation organised under
the laws of the State of California. It consists of a grand
lodge or supreme lodge and has various subordinate lodges,
both in this state and throughout the United States. 1 want
your Honor to be sure and not confuse this order with another
order of Hoaicruolan Brotherhood, which existed in this lo
cality and San Tranoisco lamedlately after the passage #f
the Eighteenth Amendment, there ia no connection whatever
between this order and that one. That other order, as your
Honor will probably recall, has abandoned ita charter, if it
ever had one. It aeema to have been, according to the ad
judication of the court, instituted for the purpose of ob
taining sacramental wine for beverage purposes, there le
no connection whatsoever between that organisation and this.
With that in view, we will proceed to an analysis of the
faets.
the Supreme Lodge of Hosae Gruels, of the Bosloruolan
Order, ae it is commonly oalled, was established in Los
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Angelas and a number of members joined that organisation*
On or about the Ziet day of May, 1929, and for a long
tine previous thereto, the defendant B. S. Ihoaae van
duly eleeted and approved aa Heater of this H e m e a Lodge
of Loa Angelas, a eabordinate lodge of the Supreme Lodge.
On or about the Slat of May 1929 all oonnaotion between
S. 5. Thomas and the other defendant a and the RoBloruoian
Order was severed.
The Eoslornelan Order ia a fraternal organisation
and operates on a purely fraternal basis. It has certain
prlnolplea and truths whioh it endeavora to lnonloate among
its membership, and it baa certain lee tor ea on eertaln aub-
Jeota, ^ileh are the prednot of lta own editorial ataff and
its own organisation, and whioh are the property of the
supreme organisation. These are given to the various snb-
ordlnata lodges for the purpose of instructing the membera.
The asabera are entitled to the instruction contained in
these leeturea and courses, but have no property right Shat-
aoaver in the leeturea themselves. They belong to and are
the property of the Supreme Council.
Aa Master of Hermes Lodge in Loa Angelas, the de
fendant Thomas and various other defandante ae members and
offioiala ware entruBted with all the reoorda and documents
of the lodge, and with these leoturea and eoursea, the prop
erty of the Supreme Lodgs. After severing all connection
with the Supreme Order, these defendant maintained a head-
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d Uo
quarters In the old headquarters or lodge rooms of the
order and maintained the same telephone masher and organised
a new organisation, using membership oards, letterheads, cer
tificates, receipts, of a kind and character and with cer
tain printing and set-up sbioh sere startllngly similar to
those of the Boslcruolan Order, They also used as part of
their stationery the word "Roeicrucian," shloh has become
identified with the Imoro Order of America, and referred toname
the familiar by whioh the indent and ltyatloal Order of
Roeae Gruel a ie designated among its own members, formed by
the initials of the name.
This new organisation, 0. O. A. H., as they oall them*l
selves, before delivering up the reoords, documents, para
phernalia, vestments, robes and lectures of the imoro organi
sation, caused copies to be made of all the leotures in their
possession, of all the oourses in their possession, and a copy
of the membership list, which was confidential in its char
acter and the property of the Aaore order, and then circular
ised the membership of the imoro organisation, and by leotureo,
by interviews, by sivsrtlsements of it, by olroular letters,
et forth to the publlo at large,and particularly to the mem
bers of dmore, that they, While not oonmeetad with the Supreme
Order, were giving the true teachings just ths same. It sent
out a olroular letter, for lnotsnee, stating that they had
compared their leotures with the leotures of imoro organisa
tion and that they were the same, word for word. That infor-
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mat Ion went out, not only in this community, 1)01 various
other communities In this state and in other states, with
the result that there was a great loss of membership to our
organisation, dlseatlefaetlon among the members. The new
organisation sold these lectures for a small prloe, fifteen
cents, I understand; the; were never for sale before; and
members who were paying their duea for the benefit of the
order were now confronted with the proposition that anybody
on the street eould now obtain the same lectures verbatim
upon the payment of fifteen oenta, with the result that thla
organisation, the Jmoro organisation, was greatly damaged anfl
harassed, has suffered greatly in reputation, and in dla-
satlsfaotlom among its own members among the various lodges,
and there seems to ba no proper or possible relief save that
of injunctive relief.
hen the ease was originally tried a temporary in
junction was granted in thla court and it has been in force
for some time, over a year now, during the pendenoy of this
trial, and we are now asking that upon proof of these faeta
I have stated that the injunetion be made permanent; that an
aooounting be had of certain moneys whioh were paid in by
members of our organisation and received by the other organi
sation, upon their books, our members not knowing that the
change or aeveranee had taken plaea, and for damages suf
fered, and for general relief,
low, the proof, your Honor, will he divided into three
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sin classifications; first, the ass of a membership list
obtained by the defendants while in a confidential relation
ship with the plaintiff, in a manner unfair to the plaintiff
and for the benefit of a competing organisation. In this
regard we will lnwoke the role as laid down in California
and elsewhere in those oases generally referred to as unfair
competition eases. Ihe role has been laid down in respeet
to laundry lists and ioe lists and war ions other lists, and
your Honor is familiar with that long line of deoisions. It
is not sonteMed that we haws any patent or exolnslve right
to the uss of the word "Hosicrucian,* as a matter of law.
Ve are contending, hoeerer, in this respeet, that because
of the confidential relationship existing between these de
fendants and this plaintiff whereby in that relation of con
fidence they obtained this information, they are themselves
sotopped ffcom the use of the information so obtained, to the
detriment of the person Who truBted them.
The Beoond classification of proof will be the use
of distinguishing words and symbols used by plaintiff over
a long period of time and whioh are characteristic of and
by the publlo associated with plaintiff's organisation, in
a nmnner tending to and whioh did deoelve members of plain
tiff order into the belief that the defendants' order was
associated with or connected with or a part of plaintiff's
order.
In that respeet there is no necessity for the oita-
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tion of authorities. The famous Masonic and Odd Tallows
oases throughout the conn try hare laid down the rule In
that respect.
Ihe third olasslfloatIon of proof will be the ase
of rituals, ceremonies, dlstlnotlTe robes, vestments, para
phernalia, lessons, leotures and teachings of plaintiff
whleh were entrusted to defendants while they sere members
of plaintiff organisation, for use in a competing organisa
tion, and for sale to the publlo and to members of a com
peting organisation*
low, to recapitulate, we are not contending we have
exclusive right to the use of soap paraphernalia or the word
*Boalcrucian," or "Besea Cruels," as against the general
publlo. Tour Honor is probably familiar with the faot your-
aelf in Maaonle orders, and I under stand it has been used
in other ordera in the past. But ea are oontending that the
defendants In this oaas are not atrangera to the use of that
word, but having been asaooiated with the erganlaatlon where
in those words and those leotures have been Identified, they
are by their oonfidentlal relationship with that organisa
tion estopped from the uae thereof. The particular vice of
the defendants * setion in this oase is based upon the faot
that they ware not merely business associates and as such
confidentially related to the plaintiff, but were members
of a secret fraternal organisation and aa such members had
the property of the plaintiff oonfided to their charge, undelr
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conditions of particular solemnity and tinder promises by
which they swore to hold them inviolate. Under these cir
cumstances it would appear the dootrlne of equitable estop
pel would apply.
IB XSMFLBT: Tour Honor. 1 think we oan save a great
deal of time of the oourt by a brief statement from us. If
one or two points involved in this litigation oould have been
eliminated, to ay mind there would have bean no neaesaity foe
any trial in oourt at this time. The defendants are not her*
contending thqy have aqy right to the use of any membership
list of the plaintiff's order, to use that list in any way
whatsoever. Ve reaogniie the fast that that list of member
ship, if it oaae to the defendant Thomas at least by reason
of his relation to the plaintiff order in this ease, oame to
him as an employee or in a confidential relation, it doesn't
make any particular difference how we define it. Consequent
ly we do not contend for any right to use that membership list.
Ve do not admit the various statements mads as to the activi
ties of the defendant, but so far as I oan sea those activlt
have no plaoe in this trial, beeaase we will be willing to
enter into a stipulation right now that wa might be enjoined
from that, so there is no necessity of trying that issue of
faot at all, ezeept perhaps as to the question of damages.
Vs don't admit we made the use of it they ooatend.
3_o far as the seoond proposition advanced by ooansel
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ia oonoerned, that is, the use of distinguishing symbols,
labels, and ao forth, this la onr position, and our positioniexactly, that aa to many of those symbols they vers used
and in common use long before the plaintiff order was ever
heard of. That doesn't mean tha plaintiff order oan't adopt
thoae symbola aa insignia of lta order, fhey hare bean is
common nee in different shapes and forma. He don't contend
me hare any right to the nae of any of thoae symbols in suoh
a may aa to mialead the public. In other vorda, just to take
one of the aymbols that ia involved in thia aotlon, a winged
globe, for example, we don't contend we have any right to usi
the exaot diagram used by the plaintiff to indioate its sym
bol, nor do we contend wa hare any right to nae a diagram of
that symbol ao nearly similar to plaintiff's as to mialead
the public; bat we Ao contend we oan't be enjoined from naing
a symbol that might be oalled a winged globe in some form ox
another, beeanse we oontend the winged globe has been need
for centuries before the plaintiff order was erer even heard
of. And what I say with reapeot to that I mean with respeeti
to all the other symbols involved in this ease.
Se will again offer to stipulate in open oeurt that
we may be enjoined from the nae of ary symbol that ia used
by tha plaintiff order in such a way aa to mialead tha publia,
so ldentioal in form or shape as to mialead the pnblio and
lead the pnblio to believe it la the plaintiff organisation.
3o far as the ritual, robes and other paraphernalia that nay
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9ha connected with the plaintiff order, It la our contention
we hawe newer need then aa they were uaed aa part of the
plaintiff order, and that we have no dealre to uae them in
any way, ahape or form, and consequently we are perfeotly
willing to he enjoined ao far aa that part la eonoerned.
So far as the worda "Rosae Cruel a" or "Rosioracian1*
la concerned, exaotly the same thing appliea te that aa ap-
pliea to the aynbola. Ihat the plaintiff la attempting to
do la to enjoin ua from ualng that word in any ahape or forni
that la the point of nlannderstanding apparently. Jnd the
aame thing la true of the symbols, they are attempting te
prevent ua from ualng then In any way, ahape or fora whatso
ever* That we o on tend we oannot be enjoined from doing, be
cause the same thing la true with regard to the words "Roaae
CruolB" or "Roaicruoian" In ita various forma aa la true of
theae aynbola, It la a word in common use, In the ocnmon
language. It la used In hundreds of books. There are hun
dreds o4 orders that uae the word "Roaiorueian. In other
words. It la a word that baa bean In common uae for oenturiea.
It may be found in the Rmayalapedia Britannloa, and In the
editions that were leaned before the plaintiff order was
ewer organised. Oonaeqnently we oontend that neither upon
the theory of estoppel or any other theory oan we be enjoined
from ualng that word. Ve do admit thla, -- any common word,
red,* "black," or anything else in other words, we oan
take half a dozen oommon, ordinary worda that nobody oould
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1 0have a monopoly on and we oan so arrange them aa to desig
nate ear business, or whatever ee are doing, and I do admit
that no other person oan oome and so purposely aae that same
arrangement or an arrangement so similar as to deceive the
publio. So far as that is oonoerned, we are perfectly will
ing to be enjoined to the extent that we ean't use a name
so similar to plaintiff's name as to oonfnse or mislead the
publio. Whether the words oontained in it are "Hosioruoian*i
or whatever they may bea
Vith that statement, it seema to me that we may
eliminate a great deal of the evidence in this ease. Just
briefly, so we may have it before the oourt if counsel oarea
to make any remarks in eonneotion with it, we are perfeotly
willing that the defendants be enjoined from making any use
whatsoever of any list of members that may be in their pos-
sesaion, from soliciting the members of plaintiff's orders,
at least those that were members at the time of thla sever
ance anyway; I don't know that it should go any farther than
that. However,.we won't quibble over that question. Or make
any use of any list whatsoever.
He are perfeotly willing to be enjoined from using
any I believe the plaintiff claims to have one ejmbol that
is copyrighted, but it doesn't make any dlfferanoe whether it
is copyrighted or not so far as my offer is oonoerned, we
are perfeotly willing to agree that we may be enjoined from
ueing any of the aymbole or insignia or labels that are re-
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ferred to in 'plaintiffs complaint in any form ao aa to mis
lead the pnblio. Ve are perfectly willing to be reatrained
from nalng the ritnala or robaa at all. Ve don't have aiy
deaira to nae them. We are perfectly willing to be enjoined
from nalng the word "Bosicrucian or any combination of worda
in anoh a wap aa to mialead the pnblio; that iat in any form
whioh would be ao nearly identioal with the name of tha
plaintiff aa to mialead tha pnblio.
MR ABUft: If the oonrt will indulge me, I wish to make
aome abort remarks* My aaaoolate has covered tha statement
of the plaintiff, bat in view of the statement of counsel for
the defendant I would like to add a few remarks*
Counsel speaks of the word "Rosicrucian" being found
in dictionaries and enoyolopediaa* Bo are all words that are
aaed in any way of course referred to in books and encyclo
pedias. That doean1t make them pnblio property* Take, for
inatanoe, the Masonic Order; their ohsraotarlatlo words axe
referred to in all books and enoyolopediaa, but that doesn't
give anybody a right to nae them. Hy aaaooiata made the ra-
sark that we do not claim we had exclusive right to the nae
af the word Roaiornoian." That means thia, that that ia not
an issue in this case, whatever our right may be aa against
3there; we olaim that whatever our proprietary right may be.
Chat la not in laana in thia ease, because this ease la being
tried on the ground of violation of a confidential relation-
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ship, and therefore these defendants are absolutely estopped
by well established principles of law. We will farther show
daring the trial that the right of the plaintiff to the aae
of that word exclusively has been pnblioly acknowledged by
the defendant Thomas himself. There arises the question of
estoppel again.
Bow, as to counsel for the defendants' offer to be
willing to be enjoined from doing oertaln acts, my reaction
to that 1b this. That is fine; that clarifies the issues
and saves the time of the oourt; but the defendants1 offer to
do- equity oomes after over a year of the oaBe being pending
in oourt to be tried and during the meantime the defendants
continuing to do what we have complained of all the time.
The defendants could have oome into oourt at the time the
injunction was first heard and offered to oease to do these
things, Instead of now coming into oourt and saying this
after all this damage has been done.
HR KEMPLEY: Hay I say, -- I wasn't present at the time
but I understand at the time this original temporary in
junction was made really as a matter of agreement between
the parties; and so far as violation subsequent to that time,
we are not here on any contempt proceedings. Counsel for
plaintiff have had an opportunity during that year, if we
have been violating it, to oite us into oourt for contempt.
Counsel knows we had this same question up before When we
were attempting to take a deposition. He have always been
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V Iwilling to that, hut the; don't want to atop at that point.
They don't want ua to uae the word "Hoaicruoian" or any of
those things in any way, shape or form. Ve are not attempt
ing to deceive the public and are willing to be restrained
from doing that,
THE COURT: Proceed,
iHARVEY 3PEHCBH LEVIS, called aa a witness on
behalf of the plaintiff, being fimt duly sworn, testified
aa follows:
THE CLERK: What is your name?
THE WITHESS: Harvey Spencer Lewis,
DIRECT EZAMHSATIQH
BY HR HAYCOCK:
4 Mr Lewib v what ia your business or occupation at this
time?
A I am the chief executive of the Anaient and Hystical
Order of Roaae Cruols.
Q Is that a corporation?
A Tea,
Q Incorporated under the laws of what state? Under
the laws of what state was it organized?
A The State of California,
4 Does it consist of one or more lodges?
A A great many, scattered throughout the United States,
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14Q Is there a Supreme Lodge?
A Tea.
Q And subordinate lodges?
A Tea.
Q fhere is the Supreme Lodge looated?
A At San Joset California*
Q Do you know Whether or not the Anolent and Mystical
Order of Rosae Crude has an abbreviated name by whioh it is
designated among its members?
A Yes.
3 What is it?
A Amoro, aomposed of the initials of the name*
MB KAYCOGZ: Mas it be stipulated hereafter in the trial
the use of the word "Amoro* oan be used to designate the
plaintiff?
MR KEMPLET: Surely, no objection*
Q BY MR KtYCOCK: Do you know approximately the number
of members in America, in the United States?
A Yell, without having the latest records of the various
lodges throughout the country, I can only give a very conser
vative approximate membership of about 30,000*
Q Do you know whether or not throughout the State of
California and elsewhere the publio at large has a o osbboxi
name by Whioh the members of Amorc are designated?
MR ZBMPLEY: Objeoted to P.. incompetent, irrelevant and
immaterial and oalling for the conclusion and opinion of the
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witness*
THE COURT: Objection overruled*
A Tea*
$ BY HR HAYCOCK: That ia that name?
A Bosloruoian Order*
4 And the member a of It are ooononly known and referred
to aa what?
A Boaloruoiana*
Q Ton have heard thla Amora Order bo designated?
A Oh* yea, in all magazine articlea that are written
about it* nevapaper comments and public leoturea.
9 Ton atate a oonaervatlve estimate of your membership
in the United States la 20*000?
A Tea.
Q From what desses in American society are your members
drawn?
A Hoatly from professional life, auoh as school teacherB,
university professors, phyeiolana of various schools, lawyers,
Judges, newspaper men* magazine writers; and then in soientifl
fields, and especially those in industrial and experimental
fields of chemistry, physios* electricity* and in the arts*
Beoent statistics show about 62 per oent of our members
throughout the ocuntry are students In colleges or graduates
of oolleges and universities* having degrees*
Q As chief executive head of the Amoro Order, you are
familiar with the aim and object of that order, are you not?
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1CA Tea,
Q State what its aims and objects are.
A She objects and efforts or the objectives of the
organization come really under two olasslfloations; first,
the spiritual or ethloal and moral Improvement of the in
dividual in his personal and intimate affairs of life; and,
secondly, the advancement of his interests and efforts in
either his vocation or avocation, so that he as a scientist
or teacher or experimenter in science can improve himself
in them through oontaet with our researoh bureaus and our
research work, suoh as the work of exoavations in Kgypt,
which we have supported, and other scientifio expeditions
that have been made, and in this way aid these members to
help themselves in a practical way also.
Q And how in your order do yon endeavor to pursue the
objects; what is your method or means of inoulaatlng your
objectives?
A fhere are graded courses of instruction of various
kinds covering many subjects, and a person after being ad
mitted into the organization, they are classified according
to their interests and their vocations and their desire to
improve along oertain lines, and they are given the neces
sary or desired instructions and guidance in graded, weekly
manuscript instruction, plus correspondence and personal
advioe, either by mail or in our local branches in the prin
cipal cities, or combinations of both.
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Q Are your teaahinga and instructions and lectures and
lessons published, ao as to be available to the general pub
lic?
A Ho,
Q lo whom are they entrusted?
A Only to the members of the organisation. In order to
receive these instructions the person must be an initiated,
qualified member of the organization.
Q In stating the alms and objeots of the order, you
called out In detail Its educational aim and object. Is
that aim carried out primarily as a school or oollege or as
a fraternal organization?
A Ho, the Ro8ioruolan Order is essentially a fraternal
organization. Its courses of instruction are available to
the members, lot all the members are students; some of them
are practical workers doing other things than study. Those
*ho want to take courses of etudj oan have them without any
additional oost. That is one of the privileges of member
ship, to have those courses of study. It la a fraternal
organisation with oollege work as one of the activities.
Q And you eay, I believe, that the instructions and
lessons are not available to the general puhllo.
A Bo, they are not.
9 Does your organisation sell these lectures or lessons
to its members?
A Hot at all. They are given free to those who want them;
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the lessons ana everything necessary to study them are
furnished them as part of their membership dues, if they
want them. They are loaned to them. They are not given
to them to possess, hut they all agree to return them in
case of resignation from the order or going into foreign
lands where they oan't take care of them; to send back all
books and instruction papers and return them to the organi
zation.
3 Then, in whom does title to the various manuscripts
containing the lessons reside?
HH KBfPLSY: Objected to'as incompetent, irrelevant and
immaterial and calling for the oonolusion of the witness.^
THE CGUBT: Objeotlon overruled.
A To the organization.
Q BT MS HATGOCX: How. oan any member reoeive any
lesson or lecture whioh he desires at any time?
A If he is a member and is qualified and has taken the
lessons in their progressive form. He oan*t go ahead of his
studies; he oan't Jump about in them.
Q They are given to him, then, progressively?
A Progressively.
3 Is Amoro a religious or sectarian order or cult?
A Sot at all. There are persons of every denomination
and religious belief, Buddhists, Mohammedans, Jewish, Cstho-
lio and Protestant, all classes, and religious dootrlnes have
no bearing upon the fundamental teachings or our principles
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1.9and work at all.
Q On or about the Slat of May, 1929, was the defendant
E. S. Thomas a duly eleoted and approved Vaster of Hermes
Lodge In Los Angeles, state of California? , ?' j_
$ And that Hermes Lodge was a subordinate lodge of the
Imoro Order, was It not?
A Yes,
Q By what authority did that lodge exist?
A By a charter granted by the Supreme Counoll and
Supreme Lodge,
Q I show you a document which la headed "Ancient and
Hyatloal Order of Hosae Cruols of Korth America," signed by
aH, Spencer Lewis, lmperator for Horth America," and upon ehio i
the signature of E. E. Thomas Is purported to be affixed, and
ask you Uhat that is.
A This is the original charter granted to Hermes Lodge
Ho, 41, and Hr Thomas, on the 25th of fieoember, 1926.
MB HAYCOCK: I ask that that be admitted in evldenee.
THE COQBTi It may be reoelved and marked an exhibit,
(Said charter was received and marked Plaintiff's Sxhlbit 1
Q BY HH HAYCOCK: Defendant E. E. Thomas was master of
the lodge, you stated, from the date of the charter up to
Hay Slat, 1929?
A That is right,
9 And aa snoh master of such subordinate lodge, was he
entrusted with any property belonging to Amorc?
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2 0A Tea.
Q State what it was.
A He was eat rue ted with offioial copies of all the
secret rituals, oopies of all offioial leotuzes, all con
fidential instructions and gnldanoe and methods of conduct
ing the lodge so as to oonform to the standard regulations,
and contacts with our various researoh and welfare depart
ments and methods of deriving the benefit of our activi
ties.
9 For what purpose was he entrusted with this property?
A In order that he might operate his lodge in accordance
with our constitution and regulations and oonform with all
other lodges.
3 In entrusting this property to him, did you, or not,
rely upon him as master of this subordinate lodge to use it
in the secret and confidential manner for whioh it was in
tended?
A Absolutely.
Q Did you at that time believe the defendant E. E.
Thomas would so use it??
MH 8BMPLET: Objected to'as immaterial; in view of our
offer to stipulate. It seems to me it may be taken as true.
This is to save the time of the oourt.
MR KAXOOCZ: In answer to that, may I not state that it
is not the plaintiffs or plaintiff's oounsel's wish to pro
long this trial, or to take up the time of the busy court in
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going over matters whioh are not germane, tut thla is the
situation: he has only stipulated as to certain of our com
plaints, not to all of them. As to all of them, it is neces
sary to alio* for the proper development of this oase and the
foundation of the oonfidential relationship, the relationship
of trust and faith that was placed in the defendants; in ordei
for us to prevail in those matters therein he has not stipu
lated, it is necessary for us to be as aomplete in the proof
as though no offer was made. However, if counsel is willing
to stipulate the temporary injunction now in foroe may con*
tinue in foroe, we would have something that would assist us
in arriving at a determination of this litigation. But to
make a partial offer and then as a means of presenting or
suggesting bad fhith or something of that sort in the pre
sentation of the proof, is not, your Honor, please, in my
opinion, a proper offer for the purpose. Therefore we must,
unless we are granted the relief whlah we believe we are en
titled to, proceed with the orderly development of our oase
THE COtZBI: Objection overruled, You may answer the
question,
A I had absolute faith in his promises being fulfilled,
3 BY MH HAYCOCK: You state "in his promise s." Bad he
ever given you any assurances as to the manner or faithful
ness with whioh he would aet in his capacity as a member of
Aaorc?
A He was already a member of the organization and had
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already made certain obligations and promises before hs
was elected master, and had also signed an officers1 oath
after being elected master.
Q I show you a document entitled "American Pronuneiaoent<
Humber 118, purporting to be an officers * oath and agreement
by which certain officers have signed, included among which
is S. B. Thomas This is stipulated, I believe, by oounsel,
to be E, B. Thomas'a signature appearing at the bottom of thii
document.
IfH KEMPLEY: So stipulated,
Q BX 1CB XAYOOQX: I will ask you What that document is,
A An official officers oath and agreement sent to every
elected group of officers of every duly chartered lodge to
sign in the presence of eaoh other,
US HAYCOCK: This document is offered In evidence as
plaintiff's next exhibit.
THE OOOBT: Let it be received and marked Plaintiff's
zhlblt 2.
(Said Officers1 Osth and Agreement marked Plaintiff's
Brhibit 2,)
9 BY UR HAYCOCK: 1 show you a document entitled
'Heophyte's Great Oath, signed by B. B. fhomas and it is
stipulated by counsel for the defendant B. B. Thomas that that
is his signature. 1 will ask you what that dooument is,
A That is oopy of the official oath or obligation or
agreement that eaoh new member makes and signs on the occasion
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1 >*'(^ 1 Jof his admission into tha organization.
lfH HAYCOCK: I ask that that bo admitted in evidence and
marked with the appropriate designation.
THB COURT: Reoeived in evldenoe and marked Plaintiffs
Exhibit 3.)
(Heophyte's Oath reoeived and marked Plaintiff's Exhibit 3
Q BY UR HAYCOCK: I show yon an application blank upon
whioh appears the stipulated signature of B. E. Thomas, dated
August 17, 1926, and aak you what that is.
A This 1b the original application blank filed, filled
out and signed by Ur Thomas at the time he made application
for membership in the order.
MR MAYCOCK: Ve ask that this be reoeived in evldenoe and
marked as plaintiff's exhibit next in order.
THE COURT: Reoeived as Plaintiffs Exhibit 4.
(Application Blank reoeived and marked Plaintiff's Exhibit
4.)
Q BY UR MAYCOCK: Prom the time of the taking of the
neophyte's oath which is referred to aB Plaintiff's Exhibit
3 in evidence, until all hie connection with the Amoro Order
was severed on May 31st, 1929, was he during that interim at
all times a member of the Amoro Order?
A He was.
Q I believe you stated that all oazmeotion between the
defendant B. E. Thomas and the Amoro Order was severed on May1
31st, 1929.
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1 Yea.
Q And the oonnaotion between the Amoro Order and the
remaining defendants was severed at the same time?
A Yea.
Q Sid yoar subordinate lodge known aa Herne a Lodge in
Loa Angeles keep written reoorda of ita proceedings?
A He presume it did, and instructed them to do so.
Q Sid it keep a roster or list of its members?
A Yes.
d Was thia roster or membership list the property of
the subordinate lodge or of the Supreme Lodge?9
MR KBHFLBY; Objected to'aa incompetent, irrelevant and
immaterial and oalling for a conclusion of the witness. That
ia for the oourt to determine?
THE COURT: You may answer the question, if you know.
A The liat of members belongs to the Supreme Lodge,
d BY MR HAYCOCK: Row, is your membership list a listi
which ia open to observation of the general publio, pr ia it
private and confidential in character?
A Private and confidential in character.
9 To Whom was that liat entruated in Loa Angeles?
A To the master of the lodge.
9 And that is the defendant B, H. Thotnaa?
A H. 3. Thomas.
9 So you know to what uae that membership H a t waa
placed by the defendants after their oanneotien with the
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or-Ati
Amoro n a severed?
A Yea.
Q State what was done.
A It vas uaed to olroularize the members with lettera
and announcements that the work of the organization would
oontinue just the same; to aollolt their support, their dues;
and it was alao used to send out printed matter similar to
that which we had issued, announcing new leotures of our own
use, our own kind, and under different oiroumstances and dif
ferent dates, and in general the list was used week after
week for a long time to upset our members with a complica
tion of statements regarding the activities of the organiza
tion and so on.
Q Bow, what was the effeot of that use by the defendants
upon Amoro?
A In the first plaoe, we lost a great man; members, be
cause the change of attitude in the announcements bp saying
they would oontinue to uae the same, even though we had with
drawn the charter, and to say that initiations would be held
under different oircumstanoes, members began to leave the
lodge, and our members in Hermes Lodge dropped from 800 down
to 100. And other lodges in the state and in other states
as far east as Ohio heard of this situation and we began to
lose members from those lodges, through the belief that the
entire organization in California had gone into disruption
And newspaper publioity began to result, magazine articles,
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and things that were humiliating and evan very injurious,
and in various ways to the effect that there was a split in
the organisation, or two organisations, or something of that
hind*
Q As the supreme head of the organization in America,
1 believe you stated you entrusted to B. B. Thomas as Master
of Hermes Lodge, certain leoturee.
A Yes,
Q Did you entrust him with the lectures designated
"Preliminary Grade Lectures, Grade H o b* 1 to 10, inclusive"?
A Yes.
Q Bach one of those grades consists of more than one
lecture, does it not?
A Some have twelve to fifteen, and some have forty, and
some have one hundred lectures the grade.
Q Sid you entrust him with certain supplementary
courses of leeturea, familiarly designated as "Arcane Cos
mology," "Arcane Philosophy," "Bosiorueian Analetlcal Dis
cussions," and "Bible Class Lectures"?
A Yes.
$ And for ehat use were they entrusted to him?
A In order to aid him and the officers to carry on and
conduct the lodge in conformity with the charter and con
stitution,
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environs?
A Veil, in the environs of Los Angeles probably 1000
members.
9 And what is the membership in the organisation now
in the same territory?
A Veil, it is now less than half of that. It dropped
down to about 150.
Q What was the amount of membership dues per month
from eaoh member?
A $2 a month,
Q These lectures and supplementary courses which you
have testified to, were they the property of Aznoro?
A Yes.
Q By whom were they prepared?
A By the official editorial board and research bureau,
Q And all these leotures and oouraes whioh you have
testified to oame into the possession of the defendant B. E.
Thomas while he was master of the subordinate Amoro lodge in
Los Angeles?
A Some came to him as a member before he was elected
master, and others oame to him, especially the more confiden
tial ones regarding the oonduot of the lodge and the higher
grade teachings, they came to him after he became master of
the lodge.
Q Have you ever heard of an organization known as the
Universal Order of indent Mysteries?
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A Tea, it flashed through my mind for a few days; it
had a short period on my consciousness.
3 Do yon know hy whom it was formed?
A Yes, I w bb Informed hy Ur fhomas that he had formed
it.
3 Do yon know whether or not its leaders designated it
orally, in published lectures and in newspaper adverting and
on it8 letterheads, as a Bosicrucian order?
A Yes, I saw the advertisements and olroular matter
issued by them stating it was a Bosicrncian organisation,
HR KEMP LEY: We ohjeotTto the answer as not the best
evidence; as incompetent, irrelevant and immaterial.^?
THE COUBT: Objection sustained unless you know of your
own knowledge.
Q BY MB HAYCOCK: The question is: 2>o you know?
THE COUBT: Answer "Yes" or "Ho,"
A Yes.
Q BY MB MAYCOCK: Bo you know of your own knowledge
whether or not that is true?
A Through literature coming from that address to me.
q And did that so designate it?
A Yes.
UB KBHFLZY: Objected toaB Incompetent, Irrelevant and
immaterial, and from the witness's own statement it is un
questionably hearsay and not the beat evidence.
MB HAYCOCK: There is a presumption of law Which assists
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U8 in thia case, and that is, when a pamphlet or dooument
or letterhead cornea from an address of a oertain organiza
tion it is purported to be sent out bp that organization,
and if it is not, it ia a matter that positive evidence and
reputation oan contradlot, but it ia a presumption neverthe
less. Yere it not ao, it would be impossible for any in
dividual ever to tell where a letter ease from.?
THE COURT: Objection sustained,
q BY KB MAYBGCK: Bid you ever receive any letters
purporting to came from the Universal Order of Ancient
Mysteries?
A Yes,
Q Bo you know what the address of the Universal Order
of Ancient Mysteries was immediately after its formation?
A Yes,
Q What was it?
A The same address on Bill Street that our lodge had
had there,
Q Bo you know what its telephone number was immediate
ly after its organization?
A The same telephone number we had used for our lodge
there,
Q Bo you know whether or not the use of the designation
"Roaioruoian as applying to the new organization by E, B.
Thomas and the other defendants misled oertaln members of
Amoro and the public as to a connection between the new
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organisation and youx order?
MB KEMPLEY: Objected toj&s assuming facts net In evidenoe
and calling for the opinion and conclusion of the witness, as
to what effect it had on somebody else'a mind.^T
THE COURT: Objection sustained*
4 BY UR llAYCOGK: Ur Lewis, you stated that the conduct
of the defendants In the use of your membership list, leoturei
and so forth, was damaging to your organisation, did you not?
A Ys b .
Q Will you state wherein that damage occurred?
A In the first place, in the loss of members, reducing
the Income from them for many monthB, not only in Los Angeles
but in other cities, because the story spread about regarding
the confusion, and members hearing of it in other cities,
even officers, wrote to us resigning and telling us how mem
bers were resigning because of it.
HR KEMPLBY: We ask that the last part of the answer be
atrioken as hearsay and a conclusion,
THE OOUHT: It will be stricken out.
4 BY HR HAYCOCK: Continue to relate wherein Amoro was
damaged by the activity of these defendants.
A The reputation of the organization was affected
through the reports oomlng to us.
HR KEMPLBY: We move that be atrioken as incompetent, ir
relevant and immaterial and a conclusion of the witness. I
didn't assume that was the kind of answer that was called for
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by the question. If it m s , I move the answer be stricken
out and we be given an opportunity to object to the question.
TEE COOBT: It may be stricken out.
Q BY MB HAYCOCK: Shat, if anything, did yon do to com
bat the Inroads of these defendants on yonr membership?
A We had to come down here and hold meetings in this
city, le had to issue letters and confidential instructions
to every member what to do and what not to do, in order that
he might not lose his standing in the organisation. And we
had to answer many letters day after day from inquirers and
persons who wrote to us saying they had come in contact with
confused conditions. And we had to send representatives down
here to try to hold the organisation in Southern California
together*
Q Does your organisation do any advertising for ad
ditional members?
A Yes, we use the newspapers and magasines, scientific
publications and the radio for public matter and information
that is of a helpful nature, to show what the organisation
has to offer, to solicit applications for new members.
Q About what was the monthly expenditure of your organi
sation in that regard?
A Batween four to six thousand dollars a month.
MB UAYCOCK: fake the witness.
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0 HOS 3 -BXAUIH AT I OH
BY MB KaCEEBT:
Q When did you organize your corporation, Mr Lewis?
A When did I organize the corporation?
Q Ton testified the plaintiff was a corporation or
ganized in California.
A Some years ago. I dont remember the exact date.
Q Well, about when?
A Around 1918 or 1919.
5 lb *as organized in 1918 or 1919. Hare yon maintained
your headquarters here continuously ever alnce?
A Is had our headquarters for a period of two years
in Florida.
Q Fampa, Florida?
A Yes.
Q Ion had it for a while in 3an Francisoe?
A Yes, for seven or eight years in 3an Franolsoo.
Q Yhat is where your corporation was organised, in San
Franolsoo, wasnt it?
A I believe so, yes.
Q Do you know?
A Yes.
Q How many members do you have now?
A He have approximately SofOOO.
Q In the United States?
A Coming under our jurisdiction, yes
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Q In the United States?
A Bo, some members are living In different oitlea
out of the United States, moving around, traveling,
Q About how many do you have in the United States?
A I oannot tell that without going through the records
and separating them by oitlee.
Q I am not asking you how many you have In any par
ticular olty, but how many you have in the United States.
1 I can't tell that.
Q You oan't tell?
A Ve have on our records 30,000 members approximately.
Whether all of them are actually in the United States at the
present time or a portion of them in Canada and Mexloo, I
oannot tell.
3 Bow, Doctor Lewis, I think you understand what I
mean by members in the United States. I don't mean they
may not be traveling or temporarily absent; I mean membersmain
that Joined your organisation through your, headquarters or
some of your subordinate lodges within the United States of
America; how many members have you?
1 Confining it to those Who joined in the United States
alone, and not including Canada and Mexico, would probably
reduce it to 20,000,
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A Porto Bloo and Central American states.
$ How man; members do yon hare In Porto Bloo or Central
American states?
A 1 cannot tell.
HE MAYCOCK: Objected tolas incompetent, Irrelevant and
Immaterial and ontslde the issues^
THE CQUBT: Objection overruled. It Is asked and answered
Q BY MB KBHPLBY: Ton know the word "Bosicrucian" Is
used to designate other orders besides your own, don't yon?
HR HAYCOCK: Objected toTas Incompetent, Irrelevant and
immaterial and beyond the Issues In this case. Ve are not
claiming, as stated in our opening statement, that we have
any proprietary right,as far as the Issues of this ease are
oonoerned, to the use of the word "Boslorncian. Ve merely
oontend these defendants are estopped from the use of It to
the detriment of the Amore Order.T
THE COUHT: Objection overruled. Answer the question.
A There are some study groups and organisations using
the term.
Q BY UH KEIKPLEY: Bon't you know there are some well-
defined organizations that have been in existence several
year8 using the word "Hosicrucian* right here in the State
of California?
HR HAYCOCK: Same objection.^ There is nothing In the
pleadings, nothing In the complaint--and the anBwer is mere
ly a general denlaIfwhich brings Into Issue the question
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whether or not other organizations In other ooxmtrlea or
In thla country have a right to the uae of the word *Ro b 1-
crucian." All we are contending for In thla case, and all
your Honor has before you aa germane to theae proceedings,
la whether or not the relatlonahlp of theae particular in
dividuals, some five or alx, waa auch that they ahould he
prohibited from the uae of It, due to the confidential re
latlonahlp they suatalned toward the plaintiff in thla action
Therefore any Inquiry aa to the right of other indlvidualB
to the uae of the name, or whether It waa uaed by other In
dividuals, or whether It waa common property, la not germane
to thla iaaue, and la incompetent, irrelevant and Immaterial
THE COUBT: Objection overruled
UR HAYCOCK: Kay I have the general objection, then, so
that 1 will not have to go through with that, to each one of
theae questions, referring to the use of the word "Boalcruolai^
by other individuals than the parties to thiB action?
THE COUBT: Very well. Answer the question. If you know,
1 HB KEMPLEY: Please read the question, Ur Reporter.
(The question waa read by the reporter aa follows: "Don't
you know there are some well-defined organisations that have
been in existence several years uBlng the word 'Roaicrueian1
right here in the State of California?*) ^
A Yea, there la one.
Q What one do you refer to?
A Roaicrueian Fellowship.
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Q At Oceanside?
A At Oaeanside.
3 It has teen need by other organisations in the state,
has it not, the word "Rosioruoian"?
A Hot to my knowledge,
Q That is the only one you know of that has used it in
this state?
A Tea.
9 You know it has been used in the United States by
many other organisations?
MB MAYCOCK: I objeot to that on the same grounds/ 1 wish
to appear at two o'olook for the purpose of renewing my argu
ment, with citations of authority on the matter your Honor
has Just ruled upon, and I think, therefore, sinoe it is go
ing to he a question of law that we will argue at two o'olooki
we would sa^e time by a oessation of testimony at this time,
bacause all of it is going to be subjeot to your Honor's rul
ing after hearing the oitation of authority we wish to pre
sent to you, I think the trial will be speeded and a more
olear exposition of the issues had by taking an adjournment
during the remaining nineteen minutes of the morning session^,
THE CoUBT: Objeotlon overruled. Motion to adjourn denied
(p MR EQIFLEY: Please read the question, Mr Reporter.
(The question was read by the reporter as follows: "You
know it has been used in the United States by many other or-
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I ': *
A So, I dont know that,
Q Ian know it has bean naed by some other organisations
in the United States at least, do yon not?
A By a few,
Q It is being nsed at the present time by other organi
zations in the United States, ia it not?
A By one or two, yes,
Q They are all generally referred to as Hosloruoian
orders, are they not?
A Bo,
3 What are they referred to as?
A Sell, the Hosloruoian Brotherhood calls itself a
Rosioruoian Fellowship,
Q That is referred to as a Rosioruoian order, is it not?
A Bo*
Q What does the word "Bosicruoian mean?
A It means "Of the Bosy Cross.
Q That is the way you spell the name "Bosicruoian1* means
"Of the Bosy Cross"?
A Sell, the word Bosiarncian is a Latin word and oan
only mean what it means in Latin,
Q How do you spell the word "Bosicruoian or "Rosae
Cruois," as used in the name of your order?
A In the corporate name it is used aa "Bosae Cruois.
Q Isn't that the only way you use it?
A Ho, When we are speaking of the order we use it as
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C 8
"Rosioruoian," which Is an Anglicised form of "Bosae
Cmcis," meaning "Of the Rosy Cross'1 in the same way,
Q Bat yoa ased the word "Rosae" in your name?
A R-o-s-a-e, that is pronounced "Rosi." Anglicized,
it 1b spelled R-o-a-i.
9 You have studied Latin, have you?
A Some,
Q What is the gender of the Latin word for "oraas"?
HR MA7C0GE: Objected to as inooopetent, irrelevant and
immaterial,
THE COURT: Objection sustained,
9 BY MR KEMPLEY: How many members did you have in Los
Angeles prior to this difficulty?
A In and around Los Angeles, in the environs, I said
approximately 1000,
Q And approximately how many have you now?
A Perhaps a little Isbs than 500,
Q Vhat do you mean by "Los Angeles" in your answer to
that question? Bo you mean the city of Los Angeles and the4
oounty ?
A The county and outlying distrlots.
Q Those districts immediately adjacent te the oounty?
A To the county.
Q And you don*t have to exceed 500 members now?
A lo.
Q Have you made any examination of your records in that
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u . /connection?
A A month or ao ago*
Q How, how much do these members pay?
A On the average $8 a month for dues. There ia some
time a a little alight difference; if in the lodge they are
paying a little excessive rent or trying to make some im
provement, they may all pay a little more, for instance $2*85
a month, for a while, to make up whatever funds they wish to
ral se.
3 Shat is voluntary?
A It may he, or it may he hy vote,a raising of dues to
$2*85 or something of that sort.
3 To whom do they pay that money?
A To the secretary or treasurer of the lodge*
3 By the way, is your corporation a private corporation
or a non-profit corporation?
A A non-profit corporation*
3 Where is your principal place of business?
A 3an Jose, California*
3 That 1b the prinoip&l plaoe of business designated in
your artioles of incorporation, is it?
A Yes.
3 Just to go hack to this name a little, do you know
where the name "RoBlaruaian1' originated?
HR HAYCOCK: objected tojas incompetent, Irrelevant and
immaterial and beyond the Issues of the ease.^
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40THE CQUBT: Yon may answer the question, 11 you know.
Objection overruled.
A I know only what the Bosioruolan records and history
say of It.
Q BY MR KEMPLEY: You have read histories using the word
'Bosioruolan'* in one form or another, that were written and
published prior to the organisation of your order, have you
not?
HR HAYCOCK: Objected tc.aa Inoompetent, irrelevant and
Immaterial.'!'
THE COURT: Objection overruled.
A Yea, I have.
Q BY MB KTBIPLBY: You know the word has been used for
many centuries, aa a matter of faot?
A Ever alnoe the order was founded.
? Of course you don't know when the order was founded?
MB HAYCOCK: Qbjeoted to^ fas inoompetent and Improper crossexamination.
THE COUHT: Objeotion sustained.
Q BY MB K9SPLEY: Doctor, what, in a general way, are
the teachings of your Bosioruolan Order? That is, I mean by
that to designate Whether religious, philosophical, scientific
or what.
HR MAYCOCK: Objeoted to?.. inoompetent, irrelevant and
immaterial. Bhat the teaohings are is not in issue in this
litigation. The question is Whether the teaohings have been
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used by theae partionlar individuals in an improper manner
and whether they ought to be enjoined from their further use.
THE COUBT: You went into it on direot examination.
MB MAYCOCK: I went into the purpoaea of it. I didn't go
into its teaohinga. what ita teachings are.^
THE COUBT: Objection overruled.
O' UR UAYCOGZ: I will adviae my olient at this time that if
in hia opinion the answer to that question would involve a
reoital of any aeoret or confidential work of your aeoret
organization, you don't have to answer the question. I wish
the court, ao I would not be aaklng my olient to disregard
the ruling of the oourt, would ao instruct the witnesa.
THE COURT: You mean in a general way, I auppoae, by your
question.
UR ESTPLEY: Yes.
THE COURT: Read the question.
(The question waa read by the reporter aa follows: "Doctor,
what, in a general way, are the teaohinga of your HoBlcruolan
Order? That la, I mean by that to designate whether religious
philoaophioal, aoientlfio, or what.")
UR MAYCOCK: There 1b no objection to that question. ^
A Philosophical and aoientlfio.
Q BY MR ZKMPL3Y: You olaim theae leasona express
aoientlfio and philosophical truths, do you, Dootor?
A Yes.
^ You stated they were prepared by your editorial board.
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* O
Who prepares them?
CPMB MAYCOCKt Objeoted to as incompetent, irrelevant and
immaterial.^
THE COUBTi Objection overruled,
A By men and women who are experts in their various
fields of study and research, who have worked together for
years in compiling, revising, modifying and working on these
lectures,
3 BY MB KEMPLEY: Who are these men and women?
MB MAYCOGK: Objected t
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MS KEHPLEY; Yes. ^
THE COURT: Objection overruled.
A. In the first place the foundation of the lectures and
instructions are from original manuscripts of the Rosicruolan
Order of Europe.
Q BY MS KEMPLEY: The foundation, you say?
MR MAYCOCK: I would like it understood that all questions
pertaining to the editorial staff and the source of the
lectures he subject to the general objection that they are
incompetent, irrelevant and immaterial and beyond the issues
of this caBe.
THE COURT! Very well,
A These were revised and worked upon by specialists,
such as those dealing with muslo and harmonics,by H. Maurice
Jacquet, the composer, and a man by the name of Bari Purill,
who was an expert in harmonics of music. In our chemistry
work, such an editorial collaborator was Doctor Froelich, of
Hew York.
Q BY MR KHtELEY: Just a moment, so we don't have any
misunderstanding and go through a lot of names and have any
misunderstanding in the end. Do you mean these persons you
name actually assisted in the preparation of these lessons
you refer to?
A In the continued revising and modification of them
to keep them up to date.
These people you are giving the names of aotually did
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personally assist in the preparation of them?
A By reviewing them and sending us new versions to help
us in their preparation.
Q do ahead,
A Then there is, in eleotrioity, James Rook, of Sew
York; in biology, Bootor Wilfred Peters assisted; in the
principle of physios we have been assisted by Mr Charles Bean,
of San Francisco, and by Mr Leon Batchelor and others, I can'ft
recall all of the names now.
Q Tell, so far you have dealt almost entirely with mat
ters purely of a scientific nature, unless it might be musio
of an artistic nature. I understood these leotures were prin
cipally philosophic.
A Bo, not principally.
MR HAYCOCK: Objeoted to as assuming a faot not in evi
dence .
IBB COURT: 1 think we will take a recess at this time
until two o'dock.
(Whereupon a recess was taken until two o'd o c k p. m.
of the same day.)
0*
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Monday, January 5, 1931; 2 o'clock p. m.
HARVEY SPENCER LEWIS resumed the stand.
CROSS-EXAMINATION cantinasd
BY MR KRMPLBY:
Q The lessons are of a philosophic nature partly?
A Yes.
Q Who are or who is the author of the philosophical
part of the lectures?
MR UAYCOCK: I object to^that on the ground it is incom
petent. irrelevant and lmmsterial; second, it is improper
cross-examination, the matter not having been gone into on
direct examination. The only Issues that are before the
oourt are the issues of whether or not these particular de
fendants stood in a confidential relationship with this plain
tiff and whether their activity arising out of information
received therein was equitable or whether it was inequitable;
and the persons who wrote the philosophical treatises or
scientific treatises have nothing to do with the Issues in
volved. They are incompetent. Irrelevant and immaterial.
They have nothing to do with the matters gone into on direct
examination, and are therefore inadmissible on that issue.
I am not going to submit further authorities, hut will
rely upon my original objection for the purpose of the record. I will state to your Honor, however, for whatever persuasive
foroe it may have, this particular question in this partioulax
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case has already teen gone into in the matter of the depo
sitions. The particular quest ions were objected to upon the
taking of the depositions, and a citation for contempt was
sued out, and the court has already decided in the contempt
proceedings that the witness need not answer those particular
questions. I realize since that is only another department
of the Superior Court of the State of California, that it is
net binding upon your Honor in the sense that a decision of
the Supreme Court or Appellate Court would be, as determina
tive of your action or ruling here. I am only stating it to
your Honor for what such persuasive effect as it may have upoi
the oourt, seeing that the matter has already been fully argu
and a ruling on behalf of the plaintiff herein obtained upon
the precise question involved.
THB COUBT: I agree with you as to the materiality, but
it is a matter you brought out on direot examination, aa to
these people who wrote these different articles. That is theI
reason 1 am allowing it to he answered on cross-examination,
and the only reason.
UH 14ATC0CK: Tour Honor, please, I asked this: whether
or not they were the intellectual product of this plaintiff
organization and if they composed them. He said they were
and it was the result of their editorial staff. Hut that
doesn't, in my opinion, throw the door open to allowing a
free leeway as to who composed their editorial staff, or the
names of the individuals and the collaborators. There is no
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end to litigation if that ia the rule The precise point
elicited by my question was going to the question of whether
or not it was the property of this plaintiff and whether er
not it was the work of this plaintiff or individuals under
its supervision or control* That was the only purpose, to
ahow the property right, and not for the purpose of lndioat-
ing who they were nor where they were spread over the face
of the globe. Therefore, with all due respeot to your Honor,
I think the matter was not gone into in direot examination in
the sense that it would permit an inquiry lasting over a long
period of time as to the names and addresses and contribution:
of everyone who may at one time or another have assisted In
the oompilation of the series of lectures. That is the point',
THE COUBT: Objection overruled,
MB KKMPLEY: Please read the question, Mr Reporter.
(The question was read by the reporter as follows: "Who
are or Who Is the author of the philosophical part of the
leeturea? )
A That I do not know. The philosophical part of the
Bosicruoian teachings have oome down from antiquity in secret
manuscripts, even signed with Just symbolical initials or mart
Q You mean the exaot wording in your lectures which you
olalm these defendants have used are translations or exaot
translations of these ancient writings?
immaterial, improper oross-examination, not gone into on
incompetent, Irrelevant and
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dlreot examination. 1
THE COURT: Objection overruled*
A As close as translations Into the English language
oan make them.
4 BY MS KEHPLEY: What language were the original docu-
ME HAYCOCK: Objected to'as inoompetent, Irrelevant and
inmaterial,and not proper cross-examination, and not gone
into on dlreot examination.
HR KQIPLBY: I am not going to pursue It very far, hut I
think some of this may have a hearing, may he very enlighten
ing to the oourt.
MR HAYCOCK: That ia the point; they are endeavoring In
this aotlon to air matters not within the Issues in thla oaae
for the purpose, as he has stated, of assisting other indi
viduals to oommit like depredations with a greater degree of
safety. There Is a very frank statement why we don't want
the matter gone Into, and also a statement of why It Is being
pursued by the defendants In this aotlon.
HR Z29CPLEY: I think counsel's seal Is not heoause the
plaintiff believes some others may oommit depredations, but
rather beoause they do not wish to have before the court the
explanation this witness has previously made, which he oould
not very well ohange at this time.
HR HAYCOCK: If It la something that is not in evidence
and oan't he plaoed in evldenoe, I ohjeot to it being argued
menta written in?
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before the court.
MB K5MPLEY: One of the questions In a court of equity
is the plaintiff oomlng into court with olean hands.
MB HAYCOCK: On that point, the exaot matter was decided
in the oase of John Manufacturing Company of Missouri v.
U. 3, McClellan and others, decided in August last year,
which was a oase arising out of this court, and I believe
this department of this court. I believe Judge Crawford
deoided the question in aooordanoe with the theory of the
defendants' action here, or defense; that was, that a per
son oomlng into equity had to come in with olean hands.
In that case Judge Crawford permitted a whole line of tes
timony not at all germane to the issue, tending to show in
other respects the defendants had not been moral in their
eonduot and had not been Just in their dealings, having
nothing to do with the issues, but bearing, as counsel
stated, upon the question of general good faith. The court,
in overruling Judge Crawford in that case, laid down the
well-established rule that the doctrine of clean hands only
applies to the dealings of the parties themselves to the par
ticular aotion, and has nothing to do with the general con
duct of the parties litigant as to other actions. In other
words, it must be germane to the Inquiry before the court,
or the dootrine of clean hands doss not apply.
MB KEMPL3Y: I don't dispute that.
MR HAYCOCK: Then What have we here? We have an admitted
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59going afield for the purpose of showing other people may
be interested in whether or not this plaintiff has the
right to the use of the word Bosiarucian," on the ground,
as he no* states, the dootrine of ooming into equity with
olean hands might appeal to your Honor. Therefore he is
committing the vice complained of and overruled in that
case; that is, he is asking a lot of collateral matters
to be considered by the oourt for the purpose of establish
ing want of such equitable oonduot on the part of the plain
tiff that they can olaim equitable relief; and that has been
dlreotly overruled by the court, and in a number of other
oases cited in this case*
UR KempLEY: Ve have no dispute at all that purely col
lateral matters cannot be gone into; that is, what a man's
morals may have been, exoept his acts in direot connection
with the question in litigation. Those matters are per
tinent,and it is a vital question whether the man coatee in
with olean hands or not.
I offered at the very inception of this case to
stipulate that we were willing for the conrt to enjoin us
from using these lectures or anything of this kind. I ob
jected to questions along that line because 1 felt that by
reason of our stipulation we had obviated that issue. Coun
sel did not see fit to aooept that stipulation. They at
tempted to prove those things were the property of this or
ganization. Literary products can only be the property of
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u i
of an organization by copyright or by possession. Now, when
they come to prove their literary right by reason of posses
sion of the artlole, the only answer of the witness is that
it was composed by our editorial staff, Are we bound to
stop there and say we must aooept his statement that"it was
oomposed by our editorial staff* without asking him who the
editorial staff is? I think your Honor has ruled that we
have not,
liH MAYCQGK: Counsel has, I believe, by inadvertence,
misstated the law. He states as to oollateral issues he
agrees with me, but that is not the ruling of the Supreme
Court. The question is whether or not, as between the
parties to this particular litigation, this particular
plaintiff has aoted so inequitably toward these defendants
that he oan't ask equitable relief from than. That is the
law as laid down in these decisions. The oase Itself Is a
dlreot refutation of the defendants1 contention. In this
oase thqy were complaining of the use of certain labels,
saying it was unfair oompetition to use them no question
of copyright or patent involved; that it was unfair compe
tition, The defendants in that case, aotlng under the
theory of a defense of not ooming into equity with clean
hands, appeared and brought in evidenoe to show these par
ticular labels had described the goods improperly, and that
the defendants themselves, because of the improper label,
had been subjeot to fines in the Federal Court, and subject
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o
to criminal proceedings, and therefore had not done justice
or equity concerning those labels to snoh an extent as would
permit them to olaim a property right in them in this liti
gation. And the oourt said, "fe are not interested in the
labels; that is not the question. The question is as be
tween these two individuals, the plaintiff and defendant,
concerning the matter under Inquiry as to Whether the plain
tiff in his oonduot and dealing was inequitable with the
defendant in this litigation concerning the subject-matter
of this litigation so as to prevent him from suing for
equitable relief."
Here we have one burden to assume; we must assume
the burden of proving this is our literary product, Ve have
done that by the statement that it was the result of our own
editorial staff and its research work and collaboration. It
was necessary,to establish our case, to ask that question;
but that does not, in my opinion, give an open sesame to a
general line of examination for the purpose, not of proving
it wasn't our intellectual product, but of seeing whether
or not we are coming into a oourt of equity with olean hands
on a purely oollateral matter.
I renew, if your Honor please, the objection*
1HE COUBT: Objection overruled,
MB KEMP LEY: Read the question, Mr Reporter,
(The question was read by the reporter as follows: "What
language were the original documents written in?")
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Soma were in Trenoh; moat of them were in Engl1eh,
in abbreviated or ooded form. Some were in Serman; some
parts in Latin; some in hieroglyphics.
Q So yon mean Egyptian hieroglyphics?
Ko, typical Sosloruoian hieroglyphics.
Q And were these articles dated?
1R MAYCOCK: Objected to^aa inoompetent. Irrelevant and
Immaterial and not proper cross-examination/^
THE COURT: Objection overruled.
A A few were dated, yes. 1 am not quite sure how many,
nor what dates were on them.
Q BY HR KEMP LEY: Yon don't know what dates or what
ones were dated?
A Ho.
MR MAYCOCK: I object to the question on the ground it
is inoompetent, irrelevant and immaterial and not proper
cross-examination, and not within the issnes in the oase,
THE COURT: It has been asked and answered.
MR MAYCOCK: I ask that the answer be stricken for the
pnrpose of making an objection, the objection and ruling to
precede the answer.
THE COURT: The answer to the last question may be
stricken for the purpose of the objection.
MR MAYCOCK: How, your Honor, please, I am presuming your
Honor is going to overrule my objection. Ia that correct?*?5
THB COURT: The oourt will sustain the objeotion on the
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ground it has teen asked and answered in the former ques
tion,
Q BY MB KKMPLEY: Who translated those articles yon
stated were in hieroglyphics?
MB HAYCOCK: Objected to as incompetent, irrelevant and
immaterial and not proper cross-examination, and not within
the issues in the oase,
THE COUBT: Objection overruled.
A Various translators that I engaged in a confidential
capacity during the years of 1909 to 1916.
Q BY MB KEMP LEY: You dont mean by your answer. Doctor
Lewis, that there is anything confidential about their names,
do you?
A Well, in some oases theTe might have been. I have
forgotten their names, most of them. They were
