Freedom Of Worship (1943)
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FREEDOM OF WORSHIP
PURPOSE OF THESE SUGGESTIONS
STUDY NECESSARY
BASIC STUDY AND TRAINING
ORDAINED
EQUIPMENT
THEOCRATIC TACTFULNESS
PRESENTING THE MESSAGE
APARTMENT BUILDINGS
"OBEY GOD RATHER THAN MEN"
AT POLICE HEADQUARTERS
REPORT PROMPTLY
PROVIDING BOND
CONFISCATION OF PROPERTY
SUFFERING FOR RIGHTEOUSNESS’ SAKE
"UNTIL THE CITIES BE WASTED"
DEFENSE IN LOWER COURTS
PREPARATION FOR TRIAL
JURY TRIAL UNNECESSARY
PROPER CONDUCT ON THE STAND
ORDER OF TRIAL
FIRST MOTION
DEFENDANT'S EVIDENCE
DEFENDANT’S STATEMENT
OTHER POINTS
RIGHT TO MAKE UP A RECORD
CROSS EXAMINATION OF DEFENDANT
OFFER OF OTHERS AS WITNESSES
SECOND MOTION
MEMORANDUM OF LAW
SUMMARY
90 ARGUMENT
97 Point Two
A
103 В
107 C
113 D
116 E
120 F
124 G
128 H
130 i
132 J
137 K
140 L
145 Conclusion
PRINTED DECISIONS
APPEAL
ATTORNEY
MOBS
ALWAYS REPORT LAW VIOLATIONS
FINES
DAMAGE SUITS
PIONEERS
GENERALLY
COSTS
CONCLUSION
FREEDOM OF WORSHIP
JEHOVAH GOD’S main reason for permitting His witnesses, Christian ministers of His gospel, to remain in this present evil world is, as stated by the Lord Jesus, that ‘this gospel of God’s kingdom must be preached in all this world for a witness unto all nations, arid then shall the end come’. – Matt. 24:14.
2 Every person who has consecrated his life to the service of Jehovah God in His New World must preach the kingdom that will vindicate the name and word of Jehovah. Every such person is ordained to seek and find the Lord’s “other sheep” and feed and comfort those that mourn. - Isa. 61: 1, 2; Luke 4:18-21; John 10:15,16; 15:14-16; 21: 15- 17; 1 Pet. 5:1-3.
3 There is no love between “Christianity” and religion, between the New World and the old world, between Jehovah God and Satan. All servants of Jehovah from Abel to John the Baptist were the targets of the Devil and of his demon-agents. Christ Jesus was persecuted and nailed on a tree because the Devil hated His preaching that the New World is the only hope of man. Jesus’ faithful apostles and disciples were stoned, mobbed and torn asunder for advocating God’s side of the issue of world domination and for refusing to yield to demonic pressure to stop their preaching.
Note: Duo to lack of space, the suggested questions on paragraphs are limited. The chairman of meeting is authorized to ask such additional ones as are needed to bring out the essential points of each paragraph. He should also have all scriptures cited to be read aloud.
1. For what reason does Jehovah permit His witnesses to remain on earth?
2. (a) Consecration to Jehovah means what? (b) For what purpose is a consecrated person ordained?
3. (a) During all ages, what have faithful servants of Jehovah endured, and why? (b) What do modern-day followers of Christ Jesus expect as to stopping of persecution?
Like persecution has been the portion of all loyal and faithful footstep followers of Jesus from the days of His apostles to the present. He said: “If they have persecuted me, they will also persecute you.” (John 15:20) The very fact that “this gospel of the kingdom” is preached in every nation of earth means world wide “persecution”. (Matt. 24:9,14) Persecution in all nations proves that Jehovah’s witnesses are the only ordained ministers on earth of Jehovah God and Christ Jesus.–2 Tim. 3: 12,
4 Satan’s postwar “new order” means ever-increasing persecution and opposition to publishing the message of God’s kingdom. Oppression of God’s faithful servants will expand on a much wider scale than ever before. (Jer. 1: 19; Matt. 24:9; 2 Tim. 3:13; Ps. 92:7) The increased privileges of service in the preaching of the gospel will come “with persecutions”. (Mark 10:28-30) Because servants of the Most High God firmly take their stand for his new world and reject a “new order” put forth by totalitarian- minded agents of the Devil, persecutions and afflictions are heaped upon them. Maintaining integrity in spite of all opposition makes for them many true friends, people of good-will, upon whom they can rely to back them up in the righteous course of action that they take.–Esther 9:3.
5 The action of the prophets and apostles recorded in the Bible, in resisting and fighting the scourgings and persecutions inflicted at the hands of the enemy in centuries past, furnishes positive proof that it is Jehovah’s will that his Christian ministers vigorously withstand every demonistic interference with the preaching of the gospel. Tn his due time Jehovah will remove for ever all opposition to the faithfulness of his servants.
6 It is the individual duty of each person in agreement with the Almighty to throw back vigorously all opposition. (Rom. 12:21) This he does by preaching the gospel unceasingly, not because his brethren do so, not because there is no opposition in his community, but because it is right and in harmony with God’s commandments and makes glad the heart of the Most High. (Psalm 149; Prov. 27:11; Mal. 3: 4,17) He will perform his preaching obligation regardless of whether or not any other creatures do so. He must please Jehovah God. He, like the King, delights to do so. –Ps. 40:8.
4. (a) What does the “new order" bring to faithful ministers of the New World, and why? (b) What class of people will support God's servants?
5. What docs the defense of the gospel made by the prophets and apostles prove to the modern-day Christian minister?
6. Does the covenant obligation of the individual depend upon the covenant or course of action of other persons?
7 Paul, a valiant minister and fighter for the New World, said that “our citizenship is in heaven”. (Phil. 3:20, Am. Rev. Ver.) He did not mean that the Christian is not a citizen of some nation of the present evil world. He recognized that the Christian, although in the world, is not of it. To his Father the Lord Jesus said: “I pray not that thou shouldest take them out of the world, but that thou shouldest keep them from the evil. They are not of the world, even as I am not of the world.” (John 17:14-16) At Philippi, Paul claimed his Roman citizenship through birth as a refuge against mobsters. (Acts 16: 37) At Jerusalem, when in custody of officers, he asked, “Is it lawful for you to scourge a man that is a Roman, and uncondemned?” (Acts 22 : 25) Paul’s immediate claim of protection for his legal rights as a citizen hastened the centurion to the chief captain with this warning: “Take heed what thou doest: for this man is a Roman.” (Verse 26) Before this he claimed his right to speak to the people, thus; “I am verily a man which am a Jew, born in Tarsus, a city in Cilicia, yet brought up in this city at the feet of Gamaliel, and taught according to the perfect manner of the law of the fathers, and was zealous toward God, as ye all are this day.” (Acts 22:3) Paul’s fighting thus faithfully shows clearly that the Christian should never hesitate to claim each and every right that belongs to citizenship, to aid him in preaching the gospel. (I Tim. 6:12) Before leaving Egypt the Israelites borrowed from the Egyptians. Today Jehovah’s witnesses should not be reluctant to carry with them the rights of citizenship to aid them in preaching the gospel in all the world as a witness unto all nations.–Matt. 24:14.
PURPOSE OF THESE SUGGESTIONS
8 The purpose of these suggestions on freedom of worship is to provide Jehovah’s witnesses with a simple outline of proper conduct to help each to bear his own burden. (Gal. 6: 5) This does not mean that brethren should not assist one another when difficulty is encountered. Indeed such is their Scriptural duty toward each other. – Neh. 4:14; Rom. 15:2; Gal. 6:2; John 13:35.
7. (a) Does the heavenly citizenship of the Christian minister deprive him of claiming citizenship rights of the nation wherein he dwells, and if not, why? (b) In defending his ministry how did Paul use his citizenship?
8. What is the purpose of the suggestions in this booklet?
9 Conforming to these suggestions as nearly as possible will avoid needless hardship and difficulty. Each will be helped to do his part in giving a true witness to Jehovah’s name and in defense of The Theocracy. These suggestions do not cover every conceivable kind of opposition. They arc designed to give “first aid” to Jehovah’s witnesses in emergencies. When opposition appears, immediately make a short, accurate report thereof to the Society’s Legal Desk. Then some other counsel not herein covered can be furnished to you when necessary and appropriate. Much needless correspondence and harmful delay will be eliminated by immediate reference to and following these suggestions when interference occurs.
STUDY NECESSARY
10 Each witness, minister of the gospel, should regularly and repeatedly study these suggestions to become familiar with proper Christian conduct under difficulty. Do not put them away until trouble comes; for that will be too late. (Matt. 24:20; 1 Pct. 3:15) “Study to shew thyself approved unto God.” (2 Tim. 2:15) Each should carefully and diligently strive to learn the reasons for every suggestion herein given. He will absorb the substance thereof. Merely memorizing words and having no understanding as to when and how to use knowledge stored up through reading and study does one little good, if any, and will result in confusion when before the enemy. Each one will make these suggestions a part of his equipment for use in Kingdom activity. When in doubt, refer to these suggestions and consult the “elder” (experienced or mature) brethren. Also communicate promptly with the Lord’s ‘faithful servant’, the Society.
9. (a) Is every kind of opposition covered in this booklet? (b) What two things should be done when opposition is encountered?
10. What should each minister do with these suggestions, and when, and why?
BASIC STUDY AND TRAINING
11 The primary and fundamental strength against the assault of the enemy is a knowledge of God’s Word and ability in using such knowledge. Every good soldier of Jesus Christ wields readily and skillfully the “sword of the spirit”, which is the Word of God. To be able to use effectively the Watchtower Bible one must be a regular and active participant in Watchtower studies and service meetings, as well as the Course in Theocratic Ministry, and should himself be skilled in conducting studies in the homes of the people so that he may be adept at answering questions, “apt to teach.” The mere study for the purpose of using it, the clearer will be the servant’s appreciation of the issue, the stronger his faith, the better his witness, and the greater his joy. Studying thus, each shall be approved unto God. The obligation of preaching from house to house, conducting studies, and public street witnessing cannot be overlooked. Christ Jesus said, “But take heed to yourselves [prepare yourselves] : for they shall deliver you up to councils; and in the synagogues ye shall be beaten: and ye shall be brought before rulers and kings for my sake, for a testimony against them.”–Mark 13: 9, 13.
12 One cannot give effective testimony in behalf of the Lord Jesus Christ and The Theocracy before those in control or in the field from house to house and on the streets unless he has diligently studied, prepared and armed himself for “battle” as above indicated. (2 Tim. 2: 3-5; 1 Pet. 4:1; Isa. 28:5,6) One cannot deliver an effective testimony before police officials and in courts unless he has studied diligently and has given an effective testimony previously in the “field” service. The Lord through His apostle Peter says, “But sanctify the Lord God [Isa. 8:13, Am. Rev. Ver., “Jehovah of hosts, him shall ye sanctify”] in your hearts: and be ready always to give an answer to every man that asketh you a reason of the hope that is in you with meekness and fear: having a good conscience; that, whereas they speak evil of you, as of evildoers, they may be ashamed that falsely accuse your good conversation [behaviour, Roth.] in Christ.”–1 Pet. 3:15, 16.
11. (a) What is the source of the minister's strength ? (b) What is necessary to use effectively the “sword of the spirit”? (c) Why should one study?
12. (a) What must be done before effective testimony can be given to officials? (b) What are Peter’s suggestions?
13 Through misunderstanding of Mark 13:11* many of the brethren have erroneously concluded that the Lord will miraculously place words in their mouth and make their defense Himself. This is not using the spirit of a sound mind and is manifestly slothfulness and neglect of duty. The Lord does not put words into the mouths of those who have not diligently studied and prepared their defense and made use of instruments He has provided through His “faithful and wise servant”, Jesus himself gives the meaning of Mark 13: 11 in his promise to his disciples that the comforter, the holy spirit, would ‘bring all things to their remembrance’. How can one remember without first having had knowledge? How can one have knowledge without study? (John 14:26; 16:12-15) Furthermore, the Lord’s servant states, “The heart of the righteous studieth to answer.” (Prov. 15: 28) It is of utmost importance that constant study and thorough preparation be made in order to properly defend the gospel when the occasion demands.
ORDAINED
14 Each one of Jehovah’s witnesses is an ordained minister of Jehovah God and of the gospel. One becomes ordained when he consecrates himself to do the will of Almighty God and is accepted of the Most High God through the Lord Christ Jesus. Such a one then publicly confesses or announces that consecration of himself by being baptized, immersed in water, thus giving outward evidence before witnesses that he has entered into an unbreakable contract or agreement to preach and fully put himself in the bonds of the Lord for His use. Consecration and the subsequent immersion in water is no idle, religious ceremony. It is the most serious and important event in one’s life. To be ordained, “anointed,” means to be commissioned or authorized by Jehovah God as His minister who thereafter serves Jehovah in accordance with such contract, regardless of opposition.
* Mark 13:11, “But when they shall lead you, and deliver you up, take no thought beforehand what ye shall speak, neither do ye premeditate: but whatsoever shall be given you in that hour, that speak ye: for it is not ye that speak, but the holy [spirit].”
13. (a) What misunderstanding finding as to Mark 13 :11 do some have? (b) What is the true meaning of this scripture?
14. (a) When and how does one become ordained? (b) What public confession does the ordained minister make before witnesses, and why? (c) What is the meaning of ordination?
15 The fact that one has not yet been baptized in water does not prevent him from engaging in the work of preaching the gospel or attending Bible-study meetings. One who engages in preaching the gospel of God’s kingdom will be baptized. Such will be diligent to be baptized at the first opportunity after making his consecration. Submitting to immersion in water is an act of obedience, and is necessary and right for all who have agreed to do the will of God. – Matt. 3:14,15.
16 The primary ordination (authorization) of Jehovah’s witnesses comes from Almighty God. Each of such witnesses relies on the identical Bible authority that Jesus Christ cited. After Jesus’ baptism in the river Jordan and his forty-day study in the wilderness, he began his preaching activity, and in the synagogue at Nazareth, his home town, he quoted from Isaiah 61: 1,2, as follows: “The spirit of the Lord is upon me, because he hath anointed me to preach the gospel to the poor; he hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised, to preach the acceptable year of the Lord.”–Luke 4:17-19.
17 Jehovah’s witnesses have earthly evidence of their Scriptural ordination. They possess credentials of ordination issued by God’s organization in the earth, the Society. That is the identification card. Jehovah’s witnesses speak of their ordination as did His apostles in Jesus’ day. (Mark 3:14) Paul said, “I am ordained a preacher, and an apostle.” (1 Tim. 2:7) Ordination to preach does not depend upon the age of the individual, except that the individual must have reached the age of discretion. One must be able to understand, to know intelligently, and make an agreement to do the will of Almighty God. Timothy was quite young and not yet of “full age” or mature years when he was ordained to preach and teach. (See 1 Timothy 4:11-13.) He accompanied Paul and preached from house to house and publicly. The fact that a young child is not an ordained minister does not prevent him from accompanying his elders in preaching.
15. Does lack of water baptism prevent one from beginning to preach the gospel?
16. From whom do Jehovah's witnesses receive ordination, and what is the Scriptural authority therefor?
17. (a) What earthly evidence of their ordination do Jehovah's witnesses have, and from whom is it received? (b) Is there a set age limit for those ordained, and if not, why?
18 To be ordained does not require one to attend a seminary or parochial or divinity school. Jesus did not attend such a school. He was taught by his parents at home and afterward studied for forty days in the wilderness. Attending the Watchtower and other Bible-study meetings and home studies in the publications of the Society, with the Bible, is sufficient training to enable one to do the will of God as His minister, but it requires preparation.
19 Although Jehovah’s witnesses do not attend such ecclesiastical schools set up by religious organizations, prior to their ordination to preach, they are ready to testify before any court or ruler that they have received a much higher training and schooling in the Word of God by attending Watchtower Bible schools or places of study, to qualify for their ordination. Jesus’ apostles were “unlearned and ignorant men” without training in a parochial or ecclesiastical school of their day. They were well educated in the popular language of the day, the laws of the land, and especially in the Word of God. The words “unlearned and ignorant men” in reference to Peter and John at Acts 4:13 mean that they were not learned in the original Hebrew language of the Scriptures; but they were well versed in the Word of God itself. The Aramaic was the common language and the spoken language of the Jews in the apostles’ day. They studied the Scriptures in that language and were familiar with the prophecies and teachings of Christ Jesus. Just so today, Jehovah’s witnesses are very familiar with the word of Almighty God as it appears in the Bible, although insofar as Latin, Greek and Hebrew arc concerned they, too, are generally ‘ignorant and unlearned’; but in order properly to instruct persons of good-will there is no requirement to be versed in a dead tongue.
18. Is attendance at an ecclesiastical school necessary; and if not, where does the minister receive his training before ordination?
19. (a) What will Jehovah’s witnesses testify as to their training and schooling in preparation for ordination? (b) As to higher learning, in what respect do Jehovah’s witnesses of today compare with the apostles?
EQUIPMENT
20 One who is wholly consecrated to do the will of God will not hesitate to take advantage of every opportunity to preach the gospel of God’s kingdom in the manner suggested by the Society. Before starting on such service mission one should first fix his mind on the Lord and go forward with fear and trembling lest he displease the great Jehovah God, but without any semblance of fear of man, which brings one into a snare. One who is a witness of Jehovah cannot be a man-pleaser, but must serve God from the heart. As to equipment, Paul’s exhortation to all true preachers, Jehovah’s witnesses, is in point: “Finally, my brethren, be strong in the Lord, and in the power of his might. Put on the whole armour of God, that ye may be able to stand against the wiles of the devil. For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”–Eph. 6:10-12; sec also verses 13-17.
21 On each occasion when starting in any part of the witness work the servant of God will pray to Him to direct the service so that God’s will shall be accomplished. As he continues in such work he will silently pray from time to time. “Praying always with all prayer and supplication in the spirit, and watching thereunto with all perseverance and supplication for all saints.” (Eph. 6:18) Each servant will always be properly equipped to carry on each assigned duty in harmony with the Society’s latest organization instructions, possessing his ordination credentials (neatly filled in and signed) as well as all other proper equipment. He will carefully follow' all instructions in the Society’s publications as to the proper and current manner of preaching the gospel. An obedient servant will never substitute his own methods above or different from that recommended by the Society. These suggestions on proper behavior of a Christian minister are given in order that proper work may not be done in an improper manner. Acting on one’s own understanding often causes more harm than good. “Trust in Jehovah with all thy heart, and lean not upon thine own understanding: in all thy ways acknowledge him, and he will direct thy paths. Be not wise in thine own eyes; fear Jehovah, and depart from evil.”–Prov. 3:5-7, Am. Rev. Ver.
20. Each day, before starting to preach, what should the faithful minister do?
21. (a) When and how should the minister pray? (b) What is the source of instruction for equipment to preach, and what will the faithful servant do in regard thereto?
22 Each ordained minister of Jehovah God will at all times and places behave himself in a manner befitting an ambassador. Love for the Lord, love for one’s brethren, and love for God’s kingdom, therefore, should induce each one to be clean in body, clean in apparel, clean in mind and clean in doctrine, so as to represent properly The Theocracy. He will transform from old world conduct to New World standards of behavior. Let all representatives of God’s Government, therefore, conduct themselves in this respect as is becoming to “able ministers”, ambassadors of Christ the King. Kindness, neatness and cleanness in conduct and appearance, with sincerity, are primary requisites of the Theocratic minister. The apostle says, “Now then we are ambassadors for Christ.” (2 Cor. 5:20) Also, “Praying . . . that utterance may be given unto me, that I may open my mouth boldly, to make known the mystery of the gospel, for which I am an ambassador in bonds: that therein I may speak boldly, as I ought to speak.” (Eph. 6:18-20) To be bold does not mean to be rude. An attitude of courtesy to all, police and religionists included, with fear of God and not of man, should be maintained at all times. “The fear of man bringeth a snare; but whoso putteth his trust in Jehovah shall be safe.”–Prov. 29 : 25, Am. Rev. Ver.
THEOCRATIC TACTFULNESS
23 In approaching the people of good-will the Kingdom publisher should not start off “on the wrong foot”, He will use his knowledge of the Bible to comfort those that mourn. He avoids arguments with “goats”. He should never be rude or abrupt to anyone. Rather, when before the enemy he is tactful. “I said, I will take heed to my ways, that I sin not with my tongue: I will keep my mouth with a bridle, while the wicked is before me.”–Ps. 39:1; Jas. 3: 2-4.
24 Tactfulness is best understood by studying illustrations taken from God’s Word, showing tact used by His ministers in times past. An instance is the conduct of Jesus when before the spies sent to entrap him. (Luke 20:19-26) To those men he did not say much. One should be careful in what is said and how it is said. He will be 'wise as a serpent and harmless as a dove’ and not “blurt out” everything he knows. Jesus said what was necessary and saved the rest for later, when before Pilate in court. He set an example for his faithful followers today. “A fool uttereth all his mind: but a wise man keepeth it in till afterwards.” (Prov. 29: 11) “Quick trigger” action, “smart aleck” remarks, being “sassy”, going around with “a chip on one’s shoulder” in dealing with officers, has caused much trouble and difficulty. Let such be avoided at all times. “A soft answer turneth away wrath: but grievous words stir up anger.”–Prov. 15:1.
22. (a) What is the minister’s attitude toward eleanness and neatness, and why? (b) How does the apostle describe the minister’s position?
23. How does the publisher avoid a wrong start?
24. What is tactfulness, and what does the tactful minister avoid?
PRESENTING THE MESSAGE
25 In the presentation of the Kingdom message the publisher does well to advise the people that he is a minister of the gospel, preaching the message of God’s kingdom by distributing the news in printed form, publicly and from house to house; that he is leaving with them Bible helps to encourage home Bible study. When presenting literature, the publisher should always make known to the inquisitive one or the police officer that he is not selling anything and is not a canvasser or peddler or solicitor; that he is a minister. State to one who desires literature that it is his privilege to contribute (or donate) a reasonable amount; that if one is unable to contribute the sum set by the Society, any sum he is able and willing to contribute toward the Kingdom work will be accepted, provided he promises to study the literature.
26 Each publisher should introduce the literature with the phonograph (if he has one), employing the doorstep method described in the Informant. Each one should present the identification-testimony card to persons at the door if the phonograph is not used.
27 When one being witnessed to advises plainly and definitely that he is not interested or asks the publisher to leave the premises, or orders the publisher off the place, he should promptly and courteously leave. Do not remain or argue or make any sarcastic reply. Avoid persistence in dealing with goatlike individuals.
25. On approaching the people what does the minister make known?
26. What means are used In preaching?
27. What is the minister’s attitude toward the uninterested and opponents ?
APARTMENT BUILDINGS
28 Persons living in apartment houses, boarding houses, company-owned towns, trailer courts, and similar places, have the same right as those in private homes to hear the Kingdom message. No owner, manager or custodian has authority to order the publisher to leave the premises, as long as the publisher is conducting himself in an orderly and proper manner while witnessing to tenants. In every instance all individual tenants have the privilege of accepting or rejecting the message of truth thus brought to them, but neither a tenant nor the manager, nor any other person, has authority to prevent the publisher from calling on the other tenants. (See paragraph 30 below.)
29 If the publisher is ordered to leave the premises, the publisher should kindly and calmly advise the objector that he is a minister of the gospel and is calling on the people of good-will residing in the building (or the camp or court). The publisher should courteously explain that the tenants have the constitutional right to hear the truth and to entertain visitors, and that the purpose in calling on such tenants is to bring to them this life-giving message. It will be proper to agree to reduce the sound-volume of the phonograph so that it will not be too loud and disturb any. Often much tact will be required to avoid a controversy with a manager or other objector; but the publishers will be diligent to sec that a minimum of their time is taken in controversy, so that the maximum of time can be devoted to publishing the gospel.
30 As to whether it is prudent to leave (so as to return later) or to remain on the premises, each publisher will decide for himself, using the spirit of a sound mind in the particular circumstances. It may be advisable to withdraw and then come back later. Unless there is likelihood of avoiding the difficulty by returning later, it may be advisable to continue. See the law defining right to work apartment houses, page 51, this booklet.
28. Are occupants of apartment houses entitled to receive uninvited ministers?
29, 30. (a) Who determines when an order to leave apartment- house premises should be followed? (b) What is required in order to avoid controversy?
"OBEY GOD RATHER THAN MEN"
31 The Theocratic minister’s purpose is to comfort those that mourn, not to cause arrests. When a course of action can be taken that will avoid an arrest, it is proper to take such step unless it means to discontinue preaching the gospel as commanded by Jehovah or otherwise violate the covenant to serve Him. When man commands the discontinuance of the preaching of the gospel in a community, the course of action taken by Jesus’ faithful apostles serves as wise counsel. “Then Peter and the other apostles answered and said, We ought to obey God rather than men.” (Acts 5: 29) This bold stand taken in harmony with God’s law is the only course for Jehovah’s witnesses, regardless of consequences. When a conflict arises, the Christian fears only God and places his entire ease in the hands of the Wonderful Counsellor.–Isa. 9:6; John 4 : 23,24.
32 When trouble occurs, the first point the publisher should make known is that he is an ordained minister preaching the gospel in obedience to the commandments of Jehovah God. (Isa. 61:6) Then explain how and why he is a minister and why he goes from house to house or upon the streets with the message concerning The Theocracy. “God hath not given us the spirit of fear; but of power, and of love, and of a sound mind.” (2 Tim. 1:7) Exercising such spirit of a sound mind, and of love (1 John 5: 3; 4:17,18), the Theocratic minister will have the Lord’s assistance. At times the publisher might feel that he is justified in giving a sharp retort, making a slighting remark or a blunt statement ; but such practice should be avoided in favor of a kind attitude of friendship. (Prov. 16:32) In many instances a lack of tact causes unnecessary trouble and otherwise spoils a good defense.
33 When accosted by an officer and asked what he is doing, the publisher should immediately show his identification card, briefly explain that he is an ordained minister of Jehovah God preaching the gospel under direction of the Watchtower Bible and Tract Society and in harmony with God’s commandments, which are supreme; that such commandments must be obeyed in preference to the commands of man; and that he is not selling anything. To sell means to make a profit, for private gain. Preaching the gospel is a charitable and benevolent work, done unselfishly, in the interest of others. The officer should be advised by the publisher that the highest courts of the land have held that no law or ordinance can be applied to stop the exercise of the God-given and constitutionally secured right of Jehovah’s witnesses to preach the gospel, and the acceptance by Jehovah’s witnesses of a money contribution to further their benevolent work is the same legally as the accepting by the churches of free-will offerings in exchange for the clergyman's sermon from the pulpit. The publisher should advise the officer that he is not violating any constitutional local law. If thereafter the officer demands that the publisher cease the work or orders him to leave town, he should courteously say that such order cannot be complied with. If threatened with arrest, the officer should be informed by the publisher that he does not desire to be arrested, but that he cannot stop preaching, because to do that would result in his everlasting destruction at the hand of Almighty God. If the officer arrests him because of his refusal to discontinue his lawful activity, such arrest will be in violation of the Constitution and of the law of Almighty God.
31. When ordered to stop preaching in a community, what is the Scriptural answer of the Christian minister?
32. When interrupted, what is to be emphasized, and what avoided?
33. What steps are proper when accosted by a police officer?
34 If the officer is honestly seeking information and suggests that the publisher accompany him to the police station to discuss the matter with his superiors, without putting the publisher under arrest, it is proper to comply with such request. At the station explain the work and give further testimony to the officials. If the publisher discerns, however, that the officer is not sincere, or that his request is aimed to entrap the publisher or to interfere with the work, then he should be kindly told that unless an arrest is made the publisher will not accompany him to the police station. Then, if arrested, ask with what offense the publisher is charged. The officer should not be resisted, nor any argument be made by the publisher, who should voluntarily go along when arrest is made. It is not necessary to tell about the activity of any other witness for Jehovah in the community. Do not aid the police to wrongly arrest your other brethren by giving information concerning them; speak for yourself only.
34. (a) Under what circumstances should the minister go with the police officer? (b) Concerning whom should information be given?
AT POLICE HEADQUARTERS
35 On arrival at police headquarters and when before the superior officer there, the publisher should again give a courteous explanation of his preaching activity, show his identification card, and explain the method of carrying on the Kingdom work, .just as he did to the policeman who arrested him. Such may result in a discharge then. If any legal decisions are at hand, use them to show that the activity of Jehovah’s witnesses has been approved by the courts. Invite the police official to have the city’s attorney examine the copy of the legal decision, if you have such to leave with him. Request that the householder making the complaint be required to sign the charges. Refusal to sign may cause police to discharge the publisher.
36 If the publisher is booked and charged with an offense, immediately request (1) a copy of the complaint, and (2) a copy of the ordinance or law.
37 If the police do not have such copies, then find out who can provide copies, and obtain them. Usually the city clerk can provide copy of the ordinance. If such copies are refused, the publisher should ask permission to make copies himself. They need not be certified, but should be accurate and complete copies. When such have been obtained, immediately send them to the Society’s Legal Desk, together with a complete report of the arrest. Do not neglect to do this as soon as possible after your release, and keep for your own file a copy of each paper. If not released, then make report from jail. Merely advising the Society about an ‘arrest for selling books without a permit’, or similar incomplete information, is entirely insufficient.
REPORT PROMPTLY
38 Prompt report is necessary, so that specific advice can be given by the Society when needed, to aid in the defense of the ease. Give all facts: (1) what the publisher was doing when arrested, and everything that happened; (2) what action was taken by the police; (3) what action can be expected in the future; (4) name of the court where the trial will be held and, if possible, name of court to which appeal can be taken in event of conviction; (5) any newspaper clippings on the arrest; and (6) any other pertinent information. The Society cannot give proper advice without a complete report. In ease of an arrest of a company publisher the company servant or his assistant will supervise the report to the Society, see that it is timely made, and sign the same, with or for the publisher.
35. (a) What explanation should be made at police headquarters? (b) What request should be made as to signing the complaint?
36, 37. What two documents should be obtained, and what should be done with them?
38. What should the report to the Society contain, and when should it be made?
PROVIDING BOND
39 As soon as the publisher is booked at police headquarters he should ask to be released without bond or on his promise to return for trial. When so allowed to go he is said to be ‘released on his own recognizance’. If that request is refused, he should communicate at once with some capable brother or person of good-will, by telephone or messenger, to obtain aid in securing bond. Any such person owning property will gladly sign an appearance bond for trial, as it is his privilege to aid thus in resisting encroachments of the enemy. When bond cannot be obtained locally after diligent effort, advise the Society by telegraph, giving clear report of charges made and amount of bond demanded. Cash bond should not be posted if other bonds are available, because usually the fine will be taken out of cash bond.
40 Persons who expect to sign a bond should come prepared to present their latest paid bill for taxes on and the deeds to their property, to show that they can qualify as bondsmen. The one arrested should carefully read the bond posted for his release and determine when he will be required to appear for trial. Be certain to appear at the time and place fixed for trial, to avoid forfeiture of the bond.
CONFISCATION OF PROPERTY
41 The police, for protection of the one placed in jail, keep all valuables and papers, to be returned on release from jail. Police have a right to take portions of the literature being distributed, to be used as evidence. It might be suggested to them that two copies of each publication be kept by them. Other personal belongings, such as magazine bag, phonograph, and other things that are not directly related to the charges made, should be relinquished by the police when the publisher is released for trial. In event the police wrongly keep such, a vigorous protest should be lodged against such action of the police, promptly. Such instruments arc needed by the publisher to carry on his preaching activity. Obtain a receipt for any property left with the police.
39. What should be done In regard to bond?
40. What should the bondsman have with him to qualify?
41. (a) Do police have the right to take property? (b) What do they have the right to keep, and what must be returned?
SUFFERING FOR RIGHTEOUSNESS’ SAKE
42 When incarcerated, the true worshiper will not shew the spirit of retaliation, but joyfully suffer as did Christ Jesus, for righteousness’ sake. (Jas. 1:2-4; 1 Pet. 3:14,15; Matt. 5:10-16) He will not indulge in berating other prisoners or the jailer, but will remain calm and diligently, thoughtfully use every opportunity to explain to everyone with whom he associates while within prison walls as to why he was arrested, and otherwise give a bold witness to Jehovah’s name, “with meekness” and fearing only God. If possible, let the one arrested take literature with him into the jail. Thus the comforting printed message of the Kingdom can be given to others to whom the minister also is sent to preach. (Isa. 61:1; Acts 16:25-34) The faithful minister will not miss any opportunity to give a witness, and to do good.–Gal. 6: 9, 10.
"UNTIL THE CITIES BE WASTED"
43 The work of Jehovah’s faithful ministers is a continuous one. Threats of man do not move them to discontinue their preaching activity. (Acts 5:42) God’s command to Isaiah (6:8-12) applies to Jehovah’s witnesses continuously until His “strange work” is declared by Jehovah to be finished. (Consider Isaiah 28:5,6,21.) No faithful follower of the Lord Christ Jesus will agree to discontinue any part of the preaching activity pending the settlement of a case against him or any of his brethren in the courts. When released on bond the witnessing activity should continue as usual. Threats by officials to continue arrests will not deter the faithful minister in gathering and feeding “other sheep” of the King. If actual arrests are repeated many times so as to frustrate and make impossible the preaching work, let. complete report, go to the Society for consideration as to what course should be advised for that community as to more witness work.
42. What is the attitude of the Christian minister toward fellow prisoners?
43. Pending an appeal, what should the faithful Christian do concerning his preaching?
DEFENSE IN LOWER COURTS
41 Ordinarily it is inadvisable for brethren to engage an attorney to represent them in the police, municipal, justice, magistrate, or corporation court, unless there is a local lawyer who is one of Jehovah’s witnesses. Usually, if one represents himself he will be better enabled to give a witness and testimony to the court. By thoroughly studying and following suggestions contained herein and any special instructions from the Legal Desk, little if any difficulty will be experienced in making a good presentation to the court, and attorney fees can be avoided. When the case is put into an appellate court, then an attorney may be employed.
45 After obtaining release on bond or when making first appearance before the court the publisher should be sure to ask for and obtain a postponement (continuance or adjournment) of the ease for three weeks. This is to allow for full preparation for trial and communication with the Society’s Legal Desk. The publisher can explain to the judge that he must communicate with his headquarters to obtain counsel and to prepare complete defense, which will require that the trial be delayed for approximately three weeks. If postponement is refused, let the publisher proceed to prepare his own case for trial by following closely the suggestions outlined herein.
46 Before the case is tried the publisher should prepare to have with him at the trial his phonograph (if used at time of arrest) and all literature he was using, together with his identification card and any other material he used while preaching the gospel. Other brethren and people of goodwill should be advised as to time and place of trial, so that those desiring can attend. Brethren who own property and are willing to provide an appeal bond should attend the trial and bring with them their latest paid tax bills and deeds, so as to qualify to make bond for appeal if necessary.
44. When and under what circumstances should an attorney be employed ?
45. When and why should a postponement be requested?
46. (a) What equipment should the publisher take with him to trial? (b) What arrangement should be made for bond on appeal?
47 In California, Georgia, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, the District of Columbia, and some other states, appeals from the police, magistrate, municipal and other lower courts are determined upon a review of the record made in the trial before such lower courts. At the trial in such states’ courts it is necessary to have present a stenographer to take down all testimony given. If the case is in any of these states, determine whether an official court stenographer is available; and if not, arrange for a competent stenographer' to attend the trial and take down all the testimony given. In most of the other states the trial of the ease on appeal is de novo (entirely anew), as though there had been no trial. In such states it is not necessary to have a court stenographer present at the first trial; it is permissible, if desired, but not necessary.
PREPARATION FOR TRIAL
48 It is necessary that certain papers and documents be prepared in advance of trial. These are the motions to dismiss, hereinafter designated as the first motion (page 22, this booklet) and the second motion (page 30, this booklet), together with a memorandum of law in support of the defense, appearing at pages 32-57 of this booklet. If possible, these two motions should be neatly typed on good paper, double-spaced, using only one side of the sheets. If no typewriter is available, the papers may be handwritten or printed. Prepare an original and three copies. Let the original be filed with the court at the proper time; give one copy to the prosecuting attorney, and send one copy to the Society’s Legal Desk with the report of the trial, keeping the remaining copy for the publisher’s own file. No copy of the typewritten memorandum of law need be sent to the Society.
49 Any special material or copies of court decisions which the Legal Desk provides should also be taken to court.
JURY TRIAL UNNECESSARY
50 In the ordinary case involving the right to preach the gospel by distribution of literature it is not necessary to request that a jury be empaneled to bear the case. Such cases usually involve matters of law which are for determination by a judge, whether a jury is or is not requested. Unless the Society advises in any particular case to obtain a jury, brethren will proceed with their trials before the judge without a jury. In event a jury trial is advised the demand for the jury must be made to the judge before the case is called for trial.
47. When and under what circumstance? should a court stenographer be employed?
48, 49. What papers for use at the trial should be prepared in advance?
50. Under what circumstances should a jury be requested?
PROPER CONDUCT ON THE STAND
51 The attitude of the faithful minister who is on trial for preaching the gospel should always be one of courtesy and respect to the presiding judge and to the prosecuting attorney. There is nothing wrong in this. One should be bold in giving testimony concerning God's kingdom, keeping in mind always that he is an ambassador for Christ and The Theocratic Government, and that the judge, prosecuting attorney and others connected with the court are merely human. “Thou therefore gird up thy loins, and arise, and speak unto them all that I command thee: be not dismayed at their faces, lest I confound thee before them.” (Jer. 1:17) An attitude of sincere kindness should be maintained by the Theocratic minister throughout the trial, remembering that “ye shall be brought before rulers and kings for my sake, for a testimony against them”. (Mark 13:9) The primary purpose of being in court, therefore, is to give a witness and testimony to the honor of Jehovah’s name, with the courtesy and boldness of an ambassador for Christ.
52 The appearance in court by the Christian minister he should regard as a friendly visit to some honest men to tell them about God’s kingdom and the reasons and methods for carrying on his ministerial work in their community. He testifies not for his own sake, not to escape punishment, but to inform and help every willing listener present. He speaks calmly, clearly, so that every one can hear, and without fear of man, which brings a snare. The witness will be given. Leave the punishment by the court or deliverance therefrom entirely in the hand of Jehovah God, “The angel of Jehovah encampeth round about them that fear him, and delivereth them.” (Ps. 34:7, Am. Rev. Ver.; Acts 5:19-21; 12:5-17; 16:23-34) “Rest in Jehovah, and wait patiently for him: fret not thyself because of him who prospereth in his way, because of the man who bringeth wicked devices to pass. . . . For evil-doers shall be cut off; but those that wait for Jehovah, they shall inherit the earth.” (Ps. 37: 7-9, Am. Rev. Ver., margin) “For the Lord Jehovah will help me; therefore have I not been confounded: therefore have I set my face like a flint, and I know that I shall not be put to shame.”–Isa. 50: 7, Am. Rev. Ver.; see also Ezekiel 3: 8, 9.
53 If the living God does not deliver one from punishment, the Christian can confidently conclude that it is God's will to have the case go to a higher court for a further witness. –Dan. 3:16-18, 23-30; 6:10-28; Esther 9:1-4.
51-53. What is the attitude of the faithful Christian at the trial and on the witness stand, and why?
54 In some courts it is customary to require all to rise when the judge enters. This does not appear to be within the prohibition mentioned at Exodus 20: 1-6. Here rising and standing at attention may be regarded merely as an act of recognition shown under rules of the court by everyone in the room at the moment the judge enters. Paul, when being heard before the visiting king, Agrippa, was interrupted by Festus. Paul tactfully said “most noble Festus”. (Acts 26:1-3,7,13,19,24-26) This seems to indicate that it is not objectionable to use similar expressions of address, such as the individual speaking may choose, namely, "Sir,” "May it please the court,” “Your honor,” and similar ordinary and usual words of address to the judge presiding,
55 Likewise there is no objection to the Christian’s taking the customary oath and being “sworn in” as a witness. It is nothing more than an agreement to tell the truth on matters that the court is entitled to know. Provision is made in the law for those with objections to an oath to affirm.
ORDER OF TRIAL
PROSECUTION'S EVIDENCE
56 At the trial, the proceedings begin with the judge, prosecuting attorney or other person reading the complaint, affidavit, or information filed against the defendant. If a plea of “not guilty” has not been entered at someday before the beginning of the trial, the defendant will be required to enter his plea of “not guilty” immediately after the reading of the complaint. Then the prosecution will offer testimony. The evidence introduced will usually be that the defendant was either going from house to house with a phonograph and books or distributing literature upon the streets, in violation of some ordinance or law. The arresting officer will testify as to what the defendant was doing at the time of arrest. It may be that the householder who made the complaint resulting in arrest will appear as a witness for the prosecution. In order to sustain a conviction, the prosecution must establish that the ordinance in question applies and was violated.
54, 55. What court customs may be recognized and complied with?
56 (a) What plea should be made, and when? (b) What follows making of the plea?
57 The right to cross-examine, ask questions of each witness who takes the stand for the prosecution, is guaranteed the defendant. There are no hard and fast rules about cross examination. If any witness testifies to a glaring untruth, he might be asked a few pointed questions to establish the lying, if any, of the witness. Cross examination of the prosecuting witnesses will depend entirely on the circumstances, but as a rule it should be sparingly and cautiously used.
FIRST MOTION
58 When the last witness for the prosecution has finished, the defendant should stand up and advise the court as follows: “Your honor, I desire to present a motion to the court.” Then present the first motion. It should be in the following form:
State of [fill in name of state]
County of [fill in]
[Fill in name of] Court
[Fill in name of] Complainant
versus
[Fill in your name] Defendant
Motion to Dismiss
57. When and under what circumstances should witnesses be cross-examined ?
58-60. When should the first motion be filed, and how should it be presented?
Now comes the defendant and moves to dismiss this case and for discharge upon the following grounds:
(1) The complaint is invalid and does not state facts sufficient to constitute an offense under the law.
(2) The law in question is invalid and void on its face because it abridges the right of freedom of speech, press and worship of Almighty God, contrary to the First and Fourteenth Amendments to the United States Constitution, as well as the similar provisions in the Constitution of this State.
(3) The law in question, as construed and applied to the particular facts and circumstances shown in the evidence in this ease, is invalid and void, because it abridges the right of freedom of speech, press and worship of Almighty God, contrary to the First and Fourteenth Amendments to the United States Constitution, as well as the similar provisions in the Constitution of this State.
(4) The prosecution has wholly failed to make out a case against the defendant and the evidence shows that the defendant is not guilty of the offense charged.
Wherefore the defendant prays that this court dismiss this case and that the defendant be discharged.
Defendant.
59 This motion should be read orally to the judge, after which it should be filed with the court by handing the same to the judge and saying: “I ask that this motion be filed.”
60 If the court denies the motion, the defendant will proceed to present hie evidence.
DEFENDANT'S EVIDENCE
61 The Theocratic publisher should always take the witness stand and testify in his own behalf. This is necessary in order that a witness and testimony be given to the court, and that the defense of freedom to worship Almighty God as a minister be established. It should be definitely understood by any lawyer representing the publisher, if one is employed, that the defendant will take the witness stand to testify in his own behalf in the event the ease is not dismissed at close of the testimony by the prosecution.
61. Should the Christian refuse to take the witness stand, and if not, why?
62 When the publisher takes the stand, he should have in his hand a copy of the BIBLE, “the sword of the spirit.” He should have on hand all the “equipment” he was using at time of arrest. It will enable one to give a prompt and proper witness to the honor of Jehovah’s name.
DEFENDANT’S STATEMENT
63 After giving his name and address, the publisher can testify as follows:
64 “I am an ordained minister of Jehovah God, an authorized representative of the Watchtower Bible and Tract Society, a charitable corporation organized under the New York and Pennsylvania corporation laws, with headquarters in Brooklyn, New York. The sole purpose and business of such society, and my primary occupation, is to preach the gospel of God’s kingdom by distributing literature containing printed sermons on Bible subjects relating to presentday world events. I am one of its ministers who carry on such work. The society makes and distributes to me, and also to other ordained ministers throughout the earth, books, pamphlets and literature. The society is used by Jehovah’s witnesses to carry on their preaching work in an organized and orderly manner. The society directs my work and the work of other ordained ministers sent by it to preach throughout the earth.
63 “I am ordained or authorized as a minister primarily by Jehovah God according to the scriptures recorded at Isaiah 61:1, 2 (Am. Rev. Ver.), which read: ‘The spirit of the Lord Jehovah is upon me; because Jehovah hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the broken-hearted, to proclaim liberty to the captives, and the opening of the prison to them that are bound; to proclaim the year of Jehovah’s favor, and the day of vengeance of our God; to comfort all that mourn.’
62. What equipment should the Christian have with him on the witness stand?
63, 64. (a) What is your occupation and whom do you represent? (b) Who directs your preaching work?
65. What Scriptural authority do you have tor your ordination?
66 “I have publicly symbolized my consecration by wafer immersion, which is evidence of my ordination. The Watchtower Society issues to me and all its ministers a certificate of identification and ordination proving that it is the Scriptural duty of each to preach in the manner Christ Jesus and His apostles did. I offer the identification card in evidence.
67 “As the apostles were sent forth by the Lord Jesus Christ to preach the gospel, so I am sent forth. They went from house to house, and publicly upon the streets, preaching the gospel orally. I am doing so by going from house to house (or upon the streets) and presenting the gospel of the Kingdom in printed form and by the use of the phonograph and conducting Bible studies. I am called to follow in the footsteps of Jesus:
‘For even hereunto were ye called: because Christ also suffered for us, leaving us an example, that ye should follow his steps.’ – 1 Pet. 2: 21.
It is written in the Scriptures concerning Jesus:
‘He went round about the villages, teaching.' – Mark 6:6.
‘He went throughout every city and village, preaching and shewing the glad tidings of the kingdom of God: and the twelve were with him.’ – Luke 8:1; Rev. 3: 20.
Then Jesus gave commandment as follows:
‘And as ye go, preach, saying, The kingdom of heaven is at hand. And when ye come into an house, salute it. And if the house be worthy, let your peace come upon it: but if it be not worthy, let your peace return to you. And whosoever shall not receive you, nor hear your words, when ye depart out of that house or city, shake off the dust of your feet.’–Matt. 10: 7, 12-14.
‘Go ye into all the world, and preach the gospel to every creature.’–Mark 16:15.
66. (a) When and where were you baptized, and why? (b) What other earthly evidence of your ordination do you have?
67, 68. (a) Why do you preach from house to house and on the public streets? (b) What Scriptural authority do you have for so preaching?
68 “Paul the apostle said:
'I . . . have taught you publicly, and from house to house.’–Acts 20: 20.
The apostles were arrested for preaching the gospel, as I am, and they answered in harmony with God’s Word, ‘We ought to obey God rather than men.’–Acts 5:29.
69 “Jehovah’s witnesses get their name from Jehovah God, as given them through the Scriptures. ‘Ye are my witnesses, saith Jehovah.’ (Isa. 43 :10-12, Am. Rev. Ver.; 44: 8) Jesus said: ‘For this cause came I into the world, that I should bear witness unto the truth. Every one that is of the truth heareth my voice.’ (John 18:37) Jehovah’s witnesses and all true Christians must do likewise and go from house to house and teach publicly as commanded at 1 Peter 2; 9, 21.
70 “My desire and principal reason in carrying on this work is because I want to be of service to humanity by bringing to them the Word of God by distributing literature, which is my way of worship and preaching the gospel. I have done this without any motive for selfish pecuniary return. When I went to a house, if anyone came to the door, I told the person that I was a minister of the Watchtower Bible and Tract Society and one of Jehovah’s witnesses; that I desired to present a very important message concerning God’s kingdom by means of a recorded phonograph talk. If the person permitted, I played the phonograph record. I would like to put this record on now and have it played to the court and offer it in evidence to show that I did not violate the law. [Do so, if allowed.]
71 “When I finished playing the record at the home, I presented literature for examination and offered it to the people. If a person desired to have the literature, opportunity was given to contribute toward the benevolent work done by me. Sometimes if the people did not have any money to contribute but expressed a desire to have the literature, it was left free of charge, upon promise that it be studied.
72 “I did not force myself upon the people, nor did I play the phonograph record at homes where the people objected, or did not consent to listen. If the person called on did not want to hear the record but was interested, I always presented the testimony card, which took the place of the introduction by phonograph, and explained my work and the purpose of the visit. If the person was not interested I passed on quietly to the next house. I never provoked an argument or controversy with another because of his religious views. I offer the testimony card in evidence.
69. What is the origin of the name “Jehovah’s witnesses” ?
70. What did you say to the people when presenting the message?
71. After you presented the phonograph or testimony card, what did you say?
72. Why do you use the testimony card, and why is it always placed in evidence?
73 "The books and pamphlets are used by me as a substitute for oral sermons. When left they can be studied by the people in the quiet of their homes along with their Bible. Thus the time of the householder as well as my time is saved, and the one receiving the literature is enabled to study it carefully with the Bible.
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