IN THE Superior Court SANTA CLARA COUNTY CALIFORNIA “GUILTY” is the Verdict of the // Judge in this case / IRA ROSICRUCIAN Se iE. CALIFORNIA. fF Of Special Interest To Alll Freemasons, Theosophists, Rosicrucians, and Members of [ Fraternal Organizations. f @A VICTORY AGAINST tie Gaal Hagges a ah Ai Hi : pith He ‘ tL Ee a = See — me cule Conspiracy been ie Seperor Thirteen Years of Vili, aoe ‘Pabitcation, AMORC. (Batters wattion, Sept, 1968. sox) Department of ‘Clymer, Philesopnicn! Fubshing Co, Pentsyivania; ‘Mrs. Max Heindel, Roslerucian Fellowsblp, California; Albert E. Smythe, ‘Theosoplcs! Publisher, Canads; Alfred H. Saunders, Story Writer, New York; ‘Miss Myrtle Crane, Stanley Daines, E, E. CONSPIRATORS eRe The Rosicrucian Brotherhood, known ts court action against the false, i Thomas, W. P. Pease and Geo. L. Smith, R throughout the world as AMORC, This pamphlet authorized by ‘eanembled at « National ‘fm San Jose, California, July, actions of —‘been proud of the fact that at no time in ite hhatory covering many centuries has it ever been Involved in any scandal, nor criticized for sny of its moral, ethical, or business practioes. The or fgunization bolng ‘on-soctarian, non-commercial, ‘and freo from all of the peculiar auporstitions land extromely fanatical ideas common to n great ‘any so-called philosophical movements, bas en {Joyed aa excellent reputation. AAs a Darimads or. [Benization it bas never Been involved tm legal ‘suite of any ling, and in every community where branches of toe organization exist tt nas bad the Iighoet respect of the civ authorities, {Im America the organization has always bad a leon report from the Better Business Bureaus, Jocal end national, and from the various morcan- {ile nancial, and advertising agencies, Tao news. ‘epers and magazinca of America havo beon 2- ‘eeally kind tn the past twenty-five years in r0- gerd to tholr vory frequent roporta of Roslora- flan activities, ‘Brery stringent method has been maintained toy the executives of the organization, national and International, to prevent any cause for critl- cal comment, for the reputation of the organiza tion has alway been considered one of its valued assets. ‘Thronghout the world the organization owas and maintains much valuable property, ‘many ballaings and structures for its e¢ucationa, ‘elontite, and mumanitarian activities, and the ‘prominent positions im the businesa and social ‘World eccupioa by the principal omeers end mem- ‘Dera of the erganizction have constituted an asset Jalousty regerded by the organization. twas Docause of these facte that the con- spirators hopes to attract a groat deal of atten- ‘Yon to thelr campaign and to appeal to te lower inctinets of human nature to revel im a possible expose of an organization enjoying good ‘epute, Therefore, each of them, individually, and ‘asa collective group, stooped to the lowest forma fof wilifeation and untruth. ‘The fallure of the conspiracy to actually anate dilate the Rosicrucian Organization through the ‘various forms of eampalgn conducted by then ‘month after month and year after year tempted them to resort to the most extreme measures and the most unheard-of processes of injury. Not only did they seek to havo the editors and pub- Ushers of the leading newspapers of North 141 America publish untruthful comments about the oficers and the general activites of the Brothor- ‘aood, but they attempted to influence the adver~ tising departments to refuse to accept the many advertisements used by the organization from ‘weok to week, and month to month in the leading, ‘publications of America, After newspapers and magazines conducted in- vestigations, even to the extent of having thelr representatives call at the national headquarters of the Brotherhood and learn of the falsity of the attacks, the conspirators sought to ave the ‘United States Post-Ofice take aation againat the “Broterbood. After a long and careful inquiry made by the Post-Oftice Department, no action was taken, and the conspirators then turned thelr attention to other Federal Departments, including the De- ‘partment of Justice, the Department of Income ‘Tax Returns, etc, Hven the Canadian Department ‘of Customa Duties and Tarits waa fovoled under false claims made by the conspirators, with mo aval, Finally, pamphlets were printed and cireutated and mailed to the leading oficers of the various Grand Lodges of diferent fraternal tons existing In America with the plea that thea fers advise their members to withdraw from the Rosicrucian Brotherhood. After each and every one of these methods of attack falled, or was frustrated by investigators, the conspirators ‘Decame more bitter. ‘NEWSPAPER INVESTIGATIONS Among the many Snvestigations made to d= ‘termine the trathfulneas or tntrathfulness of the attacks made by the conspirators were those ‘made by the special bureau of the “New York “Times,” and “Minneapolis Journal” Other news Papers made independent Investigations as did such magazines as "Liberty," “Time” and many ‘more of the bighest class. ‘The result of these ‘investigations was that the edvertising of the Brotherhood wes continued, and the attempta of ‘the conspirators wore defeated. ‘Despite the continuous favorable reports made Dy newspapers, magazines, and other investiga tors, however, the general public, unable to make such investigations, was belng misied by the con- tinuous flow of letters, printed pamplitets, cle clara, and unsigned communications that were being sent throughout the country. ‘This resulted (51{THE EVIDENOE SUBMITTED: ‘The evidence aubmitted at this trial was of two forms: (a) Many hundreds of pieces of printed fand typewritten seurrious mattor tesued by the ‘conspirators and mailed from Canada or other ‘Port-Ofice In order to avoid the American Postal Tucisdiction, and (6) documents, charters, legal papers and records signed and sealed by eminent Persona in America, and foreign lands, including ‘American Counetlors and Ambassadors in foreign citing; refuting each and every ous of the sour lous charges mado by the conspirators, The evidence against. the conspirators was over ‘whelming, and the evidence in support of every fone of the contentions and claims of the Roel feruclan organization was equally overwhelming. ‘CONSPIRATORS REFUSE TO ANSWER ‘Asthough each and every one of the conspir- tore was named in the complaint and should Ihave put im appearance at the trisl or had legal ‘representation to defend himaelt, oly one leading, coneplrator, George L. Smith, appeared for trial. Te was in Bie ome that the shori found nearly ‘2 thousand oarboa copies and other coples of the ccarreapondence that ied passed betweea the com ‘plratora slong with much other evidence to ‘prove that the conspiracy was well-organized for 16) — the purpose of unfairly and unjustly injuring an organization for personal satistaction of some Kind. Tn mplte of the fact that the conspirators ‘aimed to have proof of every atatoment they ‘bad medo in tte attacks, and calmed that they ‘would weleome w court Inquiry, they were unable to bring even a slogle scrap of paper before the court as evidence of any one of the enarges ‘nds by them, and when questioned as to why they made certain statements or wrote certaln letters or published certain derogatory comments, ‘the anawer was, “Erafuse to answer because my fanawer may tend to incriminats mo of felony.” ‘Tocir boasted readiness to prove tele charges fagalast the Brotherhood, and their willingness to stand by every statement they had made in the twelve yours of attack, was entirely Ineking dur ing the trial {THE JUDGE'S DECISION Tn rendering hls decision the Judge stated that if the Roslerucian Brotherbood had sougat a large sum of money ax rocompanse for the dam ‘ager accrued through the activities of the coo spiratom, be would have been ready to set these Gamager at a very large mum. All that the Brotherhood sought, however, was a permanent ‘injunction against the conspirators end this to- {ination the Judge granted with a serious rebuke {Yo each af them. Twas revonlod during the trial that a oumber cof the conspirators wore attempting to organize [8 soclety oF movement to rival mo Kesteructan 4. "That the Supreme Grand Lodge of the Ros ‘erucian Brotherhood, AMORC, duly incorporated and chartered as a ‘pon-profit, educational, scl- 17‘cutie, fraternal organization with its North ‘American headquarters located at San Jove, Calle fomia, is the eole and only established, reoog~ nized,’ and functioning supreme authority and representative in the North American jurisdiction ‘of the Rocicrucian Brotherkood.” 2. “As euch accredited and recognized repre sentative of the Rosicruclan Brotherhood fn the North American furladiction the piaintit is a ‘member of and participates in the convoeations ‘and deliberations of the word's Supreme Counclt of the recognized and accredited mipreme Juris ‘letions of the Roslorusian Brotherhood through ‘out the woria” 8. "Tat George L. Smith of California, Alfred 1H, Saunders of New York Gity, Stanley Daines ‘of Calgary, Casada, . H, Thomas of Los Ane elas, California, ara. Max Heindel of Oneanside, Cailtoria, X, Swinburne Clymer of Pennsylvania, Albert E. Smythe of Canada, W. B, Pease of ‘Canada, and others sasbclated themselves to- gether, formed and etectod a conapiracy for the Purpose of infurng plainti@’ order, to diminish Ita revenue, and otherwise inflet toes end a noyance, all to the end and with the intent to soerce and Induce the members of plaintiff order, and others who wore Ikely to become merabers, to seek membership in the various and several ‘societies and orders conducted by some of the ‘conspirators, or In which they were tnterssted 4. "To offectusto thelr objects, and as a part ot © concerted plan, end with the alms and ‘objects hereinabovo found, eald conspirators, and ‘etch of them, uttered, published, and clreularized falso and defamatory ond scurrilous statements concerning the plaintit! order and its executive hhend. . The Court finds thet eaid statements, ‘and cen of them, were made and published ra> etousty, and with imowledge of the falsity of ‘ald statements, and euch of them... . From the ‘evidence adduced in court the Court finds that feach and every sue statement is wholly untrue," 5. "The Court finds that plaintitt order has order to its members are the teachings and lee- sons which have been tn the sole and exclusive ‘possession of the Rosicrucian Brotherhood, and ‘sald lesoons nd teachings so tmparied by plata- {iff order are the lessons and toacnings of the Rosicrucian Brotherhood as authorized by the ‘world’s Supreme Council of sald Brotherhood.” 7. °TE fs not trun that plalotur order is orgen- ‘zed or that it now operates for personal prod, = The Court further finds that no part of the property, assets, or funds of plintit order fnures to the benefit of any individual, oF in- ividuala” 8. “Tt ta not true that membership in the ‘Maconlc Fraterulty was refuaed to the executive Ths not true that he 98,'The Court also found from the evidence ‘mat neither the executive heed nor any of the ‘other ofeers of the plaintit! order, nor the order feet nad ever been involved In any Meg, ‘immoral, or othor unethical practices which re- sulted im court proceedings, arrests, or unfavor~ able notoriety. 10. The Court found that st was not true tat the plant order had ever found It necessary to ‘change tts headquarters or move from one city to another under susplelous clroumstanees, any form of compulsion, or unpleasant notoriety, nor ‘that the order had ever been proseeuted by any Gepartment of the Federal Government for tro. Proper use of the malls, or Improper actions of any kind. LL. The Court found that emong the many ‘alge statements and utterances lsaued and eines lated by the conspirators was one pamphlet 1s sued by tho conspirator, R. Swinburne Clymer, in ‘te name of the Philosophical Publishing Com- Peay in which pamphlet waa printed what pro tended to bo an amended anower made by tho ‘consptrators to the original complaint, but which amended anawer was not made a part of the ac tun court proveecings because such amended én ‘ewer was not © proper pleaaing, wae in bad faith, ‘and for the sole purpose of giving currascy to ‘ald false statements under te gulee of privile, land for that reason the Court Horeby orders thebecause the Court finda thot the statements and purported chargss, ond each of them, contained {n the anawer and the amended answer of the de- fendants are sham and scurrilous.” 42, “By reason of the acts of the conspirators the Court fnds that the good name of the order ‘has Doon dumagod, and the plaintit’ has been emaged in e lerge fm. The Court finds trom the evidence that the plaintitt order ts entitled fagainct tho datendant, and as monetary damages ‘me large sum of money.” (At the eonclusion of ‘the trial tho representatives of the Rosicructan ‘Order asked the court to set the sum of damages ‘at galy one dollar ($1.00) 20 that there would be no"personal hardship placed upon any of the conspirators.) 18, In the Judgment lasued and signed by the Judge of the Court the recent leader of the come bspirators is dlected by the Judge "to communt- fate immecistely with your fellow cocspirators, fand each of them, to-wit: E. H Thomas of Los ‘Angelss, Stanley Dainos of Canada, Myrtie Crane of Detroit, R. Swinburmo Cymer of Ponacylvania, ‘Atfred Saindora of Now York, Albert . Smytno ‘of Canada, W. . Pease of Canada, 3Mra. Max Hinds! of Occanside, Califorsia, and any other person or persons who within your knowledge hhave taken part in sald conspiracy, end inform them that you forthwith and forever withdraw from sald conspiracy, and that all the charges tnd statements made or culated by you and by sd conspirators concerning the platntit were found to be untrue by the Court, and in this faction... And for falture to obey these injuno- Hons and orders of the Court you wil be aa fudged fulty of contempt and dcalt with accord Ing to law.” ‘The foregoing Andings and fodgment of the Court were signed on July 14, 1889, by Honorable ‘Wiliam F. Jamer, Judge of the Superior Court fof the State of California, in and for the County fof Santa Clara, and were attested by Henry A. PAlater, County Clerk of the Superior Court, the ‘Case Number of this action being #48772. Copy fof theas findings and judement will be found tn ‘he office of the County Clerk of the Superior ‘Court at San Joss, California, NOTE: AMORC, the plalntitt order, brought into Court indisputable documents and legal papers to prove fte claims. Although these con- splrators had opportunity to le an Appeal ‘against the decision of the Judge, they failed to even ask for any Appeal. 1203 JUST ONE OF THE MALICIOUS BOOKS is a small reproduction of the false and malicious book now being circulated by R, Swinburne Clymer, under the name of The Philosophical Publishing Co. of Pennsylvania. Tt— is the book condemned in the findings of the Court, as ‘sham and scurrilous.” And— it is but one of similar books circulated by him in the past ten years, attacking AMORC. The Court— says that all of these attacks were “false and defamatory.” on