PART 3: EXCERPTS FROM THE REPORT BY ARCHBISHOP JOHN HIMSELF CONCERNING HIS TRIAL IN PUBLIC COURT

Photograph printed in the San Francisco Examiner, July 9, 1963 Archbishop John in Court, surrounded by his friends. Left to right: Bishop Savva, Archbishop John, Archbishop Leonty, Bishop Nektary, Fr. Nicholas Dombrovsky, and Fr. Leonid Upshinsky.


To the highest Most Reverend President and the Very Reverend members of the Archiepiscopal Council of the Russian Church Abroad:

In accordance with the decree of the Archiepiscopal Council of November 7/20 and the decree of the Synod of November 20/December 3, 1963, in the evening of the day of the Entrance of the Most Pure Mother of God into the Temple, I arrived in San Francisco and took on the administration of the Diocese....

In March, two weeks had passed since the repose of the Most Eminent Archbishop Tikhon. According to the request he had made during his life, I was appointed the ruling bishop of Western America by the Archiepiscopal Synod on March 1/ 14, with all the rights of a Diocesan bishop. It was decided to ask all the bishops about my final confirmation in the See.

The Great Fast passed in San Francisco with a great number of worshippers and Asters; and Pascha was met with great spiritual enthusiasm. Interrelations in the congregation were observably being ironed out, and they spoke of the previous year's difficulties as "former." Having decided that it was time to continue the construction of the new Cathedral, I, during Thomas Week, appealed with a call about this, having reminded them also about the approaching General Assembly meeting. The necessity of continuing to build the Cathedral was also increased by the fact that the authorization for construction had only been given until June 1st, and only because of my personal request. Otherwise, the city's permission to build would have already ended on April 1st; and the additional respite of two months had been given only upon my request, in view of the change that had arisen in the administration of the Diocese.

On Saturday of Thomas Week there was designated in one general place a large gathering for the raising of donations for the construction of the Cathedral. On Monday of Thomas Week I received from the Chief Hierarch an announcement that on Wednesday there would be a session of the Synod, and I arrived there on Wednesday morning. Archbishop Seraphim of Chicago appeared there "accidentally."... He arrived at the session together with other hierarchs; and to my reminder that he should not participate, he answered that he had been invited by the Chief Hierarch.

On the second day, there was on the agenda a hearing on the opinions of the bishops concerning the San Francisco See, and I was asked to leave the session. I sat waiting in the Synod building for more than four hours, until the dinner break began. Upon the resumption of the session, after some time they invited me in again and already another question was being discussed. Upon my request that they announce the decision about San Francisco, the decision of the Synod was read, but to the question of how many voices were for and how many against, the answer was not immediately given since a new count had been done. It clearly showed that a number of votes were recorded 8 for and 11 against which did not have a decisive significance; and other subjects were discussed.

At night, a short time after the conclusion of the evening session, people telephoned me from San Francisco, in order to know how much was true of the information issuing from the members of the Parish Council, that I had been dismissed from the administration of the Western American Diocese. The decision was already well known to them.

On the following evening, having returned to San Francisco, I was met by a few hundred men at the airport. After this, many gathered in the Home of St. Tikhon of Zadonsk. The excitement was indescribable. At this time the news was spread about the letter from members of the Parish Council to the hierarchs, which was accepted as the reason why the Synod had convened.(..the letter (mentioned in the above newspaper articles) in which Archbishop John was accused of having "Communist sympathies," being "generally unstable," etc.)

The meeting concerning the building of the Cathedral, which was supposed to take place the next day, turned out to be a meeting concerning that which had taken place, with an excess of 600 people. A delegation was sent to the Synod with a request to change the decision. After the delegation returned from New York, having been denied its request to change the decision, a second meeting was scheduled with representatives from the whole Diocese. The excitement and tumult in a large portion of the Russian population in San Francisco continued, with strong tension, throughout the course of more than two weeks, absolutely disturbing the balance of a considerable part of it.

Tremendous indignation broke out against those who had signed the already-issued denunciation, with the danger of fist-fights, which could have risen to great proportions. I restrained people as much as I could, since my presence held back somewhat the zeal not according to knowledge; but to my profound sorrow, that which had been done to establish peace in the flock during the course of four months was destroyed in one day, with one stroke....

Archbishop John's report follows with a description of events which we have summarized here:

After returning from New York, Archbishop John spoke on the telephone for over an hour with Metropolitan Anastassy. Thanks to the Metropolitan's influence, the Synod's decision was changed and Archbishop John's temporary authority in San Francisco was extended for six months.

On May 3/ 16, 1963, Archbishop John announced that on Sunday, May 27/June 9 there would be a Parish Council election followed by a General Assembly meeting concerning the construction of the new Cathedral, which had been halted in mid-course by the existing Parish Council. He repeated this announcement publicly on two occasions, and it was published daily in the Russian newspaper.

On May 16/29, Archbishop John received an urgent letter from the Synod stating that the election must be postponed until June 30. Three days later he received another telegram from the Synod, full of threats in the event that he did not fulfill the orders given in the previous message, and placing all responsibility on him for the situation that had arisen.

These telegrams were received simultaneously or before by Archbishop John's opponents in the parish, who now felt that these directives freed them from the authority of the ruling bishop. At the next meeting of the Parish Council, under the presidency of Archbishop John, they spoke freely, without receiving word. "The session," writes Archbishop John, "was torn by bitter, abusive speech.... In view of the chaotic shouts that broke out, I was forced to adjourn the session."
[On the evening of the next day, Archbishop John's friend Bishop Savva arrived in San Francisco in order to help him. Ed.]

On Thursday [May 24/June 6, 1963], {All bracketed portions have been supplied by the editors.} the evening Divine Services had only just ended when an American Court official arrived, attended by one Russian. As soon as I left the church, he delivered to me a copy of a complaint of 16 members of the Parish Council and of their collaborators, against 16 members of the former Parish Council, The "former Parish Council" here refers to ArchbishopJohn's supporters who were originally on the Council and raised money for the building of the Cathedral. When Archbishop Anthony of Los Angeles came and haired the building of the Cathedral, he had his own supporters instated at an election in which he demanded that people buy tickets in order to go to church and vote. These supporters of Archbishop Anthony formed the Parish Council that filed the complaint. A few days after this complaint is delivered, the situation changes Archbishop John's supporters are elected again to the Parish Council, at which time they begin to be referred to as the "new Parish Council," and Archbishop Anthony's supporters as the "former Parish Council." and against ME and Archpriest Nicholas Dombrovsky. I was served a Court order which forbade me from making appointments to have the meeting [for a new Parish Council election] and from signing contracts [with building contractors in order to continue the building of the Cathedral. Together with this was a summons to appear in Court on May 31/June 13. The former Parish Council was charged with causing losses for the church in the conducting of its economic matters, and I was charged with covering up [the actions of] that Council, and with having appointed new elections which would return to power the previous [Council] delegates.

Bishop Sawa quickly communicated to the Chief Hierarch about this, and also about the impossibility of postponing the meeting. The next morning, Bishop Sawa received an answer from Vladika Metropolitan [Anastassy], stating that he was in agreement with the carrying through of the meeting if Bishop Sawa found it necessary.

On the next day a short hearing of the Court took place, which Vladika Sava and I attended, together with the lawyers of both sides. The Judge lifted the restraining order on the organization of the meeting....

[On Sunday, May 27/June 9, the General Assembly meeting appointed by Archbishop John took place and a church election held. Despite objections from the existing Parish Council that this meeting was illegal, a new church warden (Eugene Hrapoff) and Parish Council were elected, composed of people who supported the building of the Cathedral. Ed.]

On Thursday, May 31/June 13 the [next] session of the Court took place. The aforementioned Rt. Revs. Sawa and Nektary and I were permitted to remain in the court library and not attend. The decision of the Court was postponed, so that the Court could become more familiar with its business.

On Saturday June 2/15 I received a telegram from Caracas [Venezuela], from Bishop Seraphim, stating that he protests against the meeting taking place and considers it illegal.

On Monday, June 4/17, after I had served Liturgy in the Cathedral, I learned that Bishop Seraphim of Caracas had arrived the night before and stayed in the church house for clergy next to the Cathedral. He had not informed me previously of his coming, nor had he made it known to me upon his arrival; instead, he had apparently informed someone from the Parish Council who was concerned with lodging. In the course of this day, as well as the following one, Bishop Seraphim did not consider it necessary to visit me or get in touch with me, being thus situated in the church house.

On the same Monday evening, June 4/17,1 received a telegram from Archbishop Vitaly of Montreal concerning his trip as representative of the Metropolitan. A short time later, Archbishop Vitaly communicated by phone that he had now arrived; he called from this same church house and asked me to receive him. When I came there, he told me he had come upon the personal request of Vladika Metropolitan, and that he had written authority but had forgotten, now, to take it with him. He also said that the complaint in Court had not been served on me, but on the former Parish Council; and he was surprised when I showed him the complaint where I was placed in the number of the defendants.

Bishop Seraphim presented himself to me only on the third day, and did not sufficiently explain the cause for such a delay. i proposed to him that he familiarize himself with the preparation and conducting of the general assembly meeting for some reason he avoided this, as he also avoided it later when i asked him afterwards. nevertheless, before my visit, he and archbishop vitaly saw each other with the lawyer of the plaintiffs, and he participated together with archbishop vitaly in a meeting of lawyers supporting those who had lodged the complaint.

In two days, Archbishop Vitaly showed me the written commission from the Chief Hierarch, dated June 4/ 17, to come to San Francisco and take measures toward the establishment of peace. Practically, this expressed itselfin a lively intercourse of Archbishop Vitaly with the lawyers of the plaintiffs, and in the presenting of statements to the Court that he as a representative of the Synod attested to the illegality of the June 9th meeting....

On Monday, June 11/24 ... a session of the new Parish Council took place. At this meeting a temporary agreement was signed with the building contractor about doing a small amount of work on the new Cathedral before the day of June 29/July 12, after which the contract on the main work of the structure should be concluded....

Archbishop Vitaly departed on the same evening to New York. I immediately reported to the Metropolitan about the confirmation of the new council. The next day I received a telegram signed by the Chief Hierarch: "Do not hasten with the decisions and await instructions."

Decrees about the establishment of the new council, and about the discharge of the duties of the old, were published in the newspaper and distributed to the members of the departing council. The latter did not acknowledge these arrangements and did nothing; but Bishop Seraphim sent me a letter expressing his displeasure that I had published the decree without informing him.

On June 14/27 the dismissed members of the Parish Council presented a new complaint as a supplement to the first. The newly elected members of the Parish Council were added to the list of defendants: THE "JOY OF ALL WHO SORROW" COMMUNITY AND THE WESTERN EUROPEAN RUSSIAN DIOCESE. {All capitalized portions are this way in the original.}

On the strength of the aforesaid complaint, the Judge again imposed a prohibition on any decisions of any of the defendants in regard to church business, until the court decision. The court hearing was assigned on June 25/July 8. On the day that the new complaint was presented to the Judge, I was shown a telegram, signed by Metropolitan Anastassy, confirming the authority here of the aforementioned Archbishop Vitaly and stating that the June 9th meeting seemed useless and illegal since it had been conducted in violation of instructions given to me, and that, accordingly, the Parish Council had appealed. The telegram began with the words "Your Honor" and had no reference to the question of the Court. In essence, it was a corroboration of the complaints of the former Parish Council or a complaint of the Chief Hierarch about the Diocesan Hierarch.

A copy of this telegram, or any communication about it, was not sent to me. It was shown to us by the Court. It was subsequently published in one publication with a hostile temper and likewise printed in the bulletin which is sent by the Secretary of the Synod to the Rt. Rev. bishops. Likewise, we learned in Court that Archbishop Vitaly, before his departure, had declared to the Court "in the capacity of representative of the Synod" that the June 9th meeting was illegal.

It is necessary to note that, on the day of his arrival, Archbishop Vitaly had presented himself to me as a personal representative of the Metropolitan, not having received special authority) but in Court he testified as plenipotentiary of the Synod about the illegality of the meeting, although he was not the representative of the Synod but others were.

On the day of the court session, June 25/July 8 at 10:00 a.m., I set out to Court. Bishops Savva and Nektary were also with me. The session was open and there was a multitude of people in the courtroom besides the plaintiffs and defendants. At the very beginning of the session, Fr. George Grabbe [the Secretary of the Synod] appeared unexpectedly. As he told me, he had arrived by the personal instruction of the Metropolitan in order to give the Court important explanations in the case of necessity.

I knew nothing about his arrival until his appearance in Court, but the plaintiffs knew and had met him at the airport. After the [court] session he visited me and thereafter departed with Bishop Seraphim. The next day he was also present in Court. His continual meetings with the plaintiffs' lawyer arrested one's attention. After the session, Fr. George again came to me and a meeting took place with me and the aforementioned bishops here, except for Bishop Seraphim, who held himself apart. We spoke to him about our view of the situation: namely, about the fact that he had arrived [in San Francisco) with no written authority. On the third day of Court, Fr. George testified as an expert witness....

The Judge wanted to know on which section [of the Regulations of the Russian Church Abroad] the plaintiffs had based their claims. After an attempt to find this section, in view of the inconsistency of the English translation of the Regulations, the Judge postponed the business, having granted to Fr. George Grabbe to prepare a report for tomorrow's session and to show it to me. Fr. George prepared this report together with (or at all events being found with) the plaintiffs' lawyers. Fr. George did not appear on the following day, however. The plaintiffs' lawyer gave a speech which was chiefly directed against me.

The accusations were so many that the Judge said that, if each one were considered, the business would never end, and that for the sake of shortening the time it was necessary for the lawyers to come to an understanding and, as far as possible, come to an agreement. The Court session was suspended until further notice.

Fr. George Grabbe flew to New York, having sent me a copy of the proxy which had been sent to me in San Francisco from the Metropolitan and marked with the date of the eve of his [Fr. George's] arrival here.

On Sunday, July 1/14, as it became known to me, three lawyers of the plaintiffs arrived at the Synod. They were presented to Vladika Metropolitan and thereupon deliberated at his place with Archbishop Vitaly, who had arrived [at the Synod headquarters] again, and with Archbishop Nikon and Fr. George Grabbe. Their meeting lasted for more than four hours. The conference of the lawyers appointed by the Synod on the following week led to nothing. The lawyers of the plaintiffs did not come to any agreement, and all the proposals of our lawyers were rejected.

The Judge, wishing to end the business in peace, for which he repeatedly called in his talks in Court, adjourned the session. Finally, a session was appointed for Tuesday, July 10/23, which took place behind closed doors, with right of entry only to lawyers.

On the same day a session of the Archiepiscopal Synod was appointed. I was informed of it after it had already taken place, just as on two or three previous occasions they had arranged sessions and considered the business of the San Francisco Diocese without making it known to me....

The Archiepiscopal Synod did not take the existing situation into consideration in its wish to support the [former] Parish Council.... The Parish Council of this composition ceased to exist, since its members departed from obedience to their superior-bishop. They brought an action against him in Court. They were removed from office by the Decree on the confirmation of the newly elected Council, after which they added to the first complaint another suit against the "Joy of All Who Sorrow" community and Diocese.

In this way, at the present moment, the former members of the Parish Council are involved in a lawsuit against their superior-Bishop of the same church, community, and Diocese. How, then, are they able to represent this community whom they put on trial; how are they able to be "assistants to the superior " (section 36.2 of the Regulations) while not obeying him...

Such is the situation on the present day, July 17/30, 1963....

I turn to ALL THE BISHOPS OF THE RUSSIAN CHURCH ABROAD. I have explained as much as possible the facts of church life in San Francisco so that the conditions will be more clear because the situation here is the same situation in which the whole Church Abroad finds herself.

Such a situation that of the San Francisco [Diocese] could happen tomorrow to any Diocese, any bishop. The Council of bishops made known decisions, and the governor of the Diocese was charged with carrying them out in life. The Synod reminds, it orders to hasten the fulfillment of these decisions, and itself hinders this fulfillment by its own decrees and instructions....

Would they [the plaintiffs] have been able to become insolent and openly fight against church authority if they had not received support for themselves from other church authorities? These educated people, each individually and in the majority, are not bad people, but they are not church-conscious enough to know the church order of things.

Is it permissible anywhere, even in a completely worldly institution, for the highest authorities to give instructions to their representatives, and then to simultaneously incite and support the subordinates of these representatives against the representatives?

Is it possible to imagine this, even in a commercial establishment having as its general purpose the increase of profits? With what kind of names would they slander those who found themselves guilty how would any institution treat them?

Nevertheless, that which is hard to imagine even in non-Christian institutions and establishments (except for those which reject moral principles) is widely practiced where all should be accomplished according to the word of God and the canons of the Church....

Thus, the same relations of the Synod with the discontents constantly arise due to the fact that adequate pastoral measures are not taken for the purpose of spiritual strengthening, as far as administrative decisions and actions are concerned, and this causes injury to the side accused. So it was in what happened to me heretofore, which I experienced three ago in the business of the Western European Diocese, especially in the last months, when I became once more a member of the Synod. In the beginning I did not especially feel this, since the presence of Archbishop Afanassy and Bishop Sawa controlled that which was coming out officially from the Synod.

After their departure and the coming of a new session, however, business set off with unrestrained swiftness, with no control, without hearing the opinion of the one who governed the Diocese. Decisions flew out provided only that they satisfied the plaintiffs and displayed "impartiality"! The decisions of the "Synod" were now received by, or at least transmitted to, the discontents directly, and often earlier to them than to me. More than once in San Francisco they spoke about imminent events before they happened, but almost never did the Synod send for an opinion [from me] about the complaint received. Thus it was with the session of April 12/25 of this year; and thus it was with the session of May 16/29, which proved, through a combination of many crude violations of the position of the Church Abroad, to be unfounded and an obvious absurdity.

The May 16/29 session [of the Synod], under the presidency of the Chief Hierarch and with the attendance of Archbishops Nikon and Averky in which Archbishop Vitaly participated "by chance," having "appeared in the Synod" was conducted in hasty order, without communication and notification to the members of the Synod besides those present, and without inquiry into the opinion of the Diocesan Hierarch, who is entitled to participate in the business of his Diocese with the deciding vote even if he is not also a member of the Synod. The business was decided on rudiments of knowledge received from people who obviously were interested in delaying the convocation of the meeting, on the assumption that some negligence had occurred, without verification of this information; the appointment of two representatives of the Synod displayed obvious mistrust for the Diocesan Hierarch; and the delay of the [General Assembly] meeting contradicted the decision of the [Archiepiscopal] Council about arranging it in the shortest time....

By these actions, the Synod allowed an exceeding of its authority which cannot be justified by anything. The execution of the illegal decision of the Synod threatened church life with great complications and not only did not bring peace, but, on the contrary, provoked new complications and shocks.

And so the session of May 16/29 was: 1 ) incorrectly convened; 2) guided by one-sided information, without a statement from the Diocesan Hierarch to the Synod; 3) an invasion of Diocesan life and a violation of Diocesan authority; 4) an exceeding of its [the Synod's] authority, as was shown by the suppression of the Archiepiscopal Council's decision and by the coercion of this Council, which was responsible for the execution of its decision and failed tO follow through with it; and 5) the cause of a decision which was accepted on the basis of only one side, and which was actually impractical without great complications and shocks to parish and Diocesan life.

In viewof ALLTHE AFORESAID, I APPEALTO THEARCHIEPISCOPAL COUNCIL. I ASK THAT IT ACKNOWLEDGE AS ILLEGAL AND HARMFUL THE DECISIONS FROM THE MAY 16/29 SESSION OF THE SYNOD ITSELF AND ALL FURTHER ACTIONS WHICH PROCEEDED FROM THAT DECISION, which have served as a source of new disturbance and discord. In all, it was thirteen days before [this decision] that the Chief Hierarch wrote [to me]: "You are able to work with all the fullness of power of the Diocesan Hierarch, taking all measures necessary for the peace and good order of the Diocese" (letter from May 3/16) and now this power is limited WITHOUT ANY LEGAL FOUNDATION.

The telegraphed instruction of May 21/June 3 not only was a direct threat to the Diocesan Hierarch in the event of his failure to carry out instructions which he, in conscience, was not able to carry out, but also, in being simultaneously communicated to interested persons, IT PROVED TO BE AN INCITEMENT TO MUTINY AGAINST THE RULING HIERARCH.

Furthermore, the "Synod" supported the mutiny secretly and visibly, being found in continual dealings with people who undertook actions which REPRESENTATIVES OF THE SYNOD CONDEMNED A YEAR AGO. The "Synod" transmitted all the information necessary to these people, and then appeared openly in Court in support of them. This support went so far as to become an attempt to exert pressure on the Court by sending a telegram signed by the Chief Hierarch, both before the Court's decision and after the decision was received. This support showed itself also in the later decisions of the Synod.

The impression appears that the "Synod" or rather, persons who speak in its name—is bound up with those who were elected to the Parish Council of the preceding year, who want to retain power for themselves or at least for their close associates and those of one mind with them,,be this by lawful or unlawful means.

In every parish, there are people who are dissatisfied with the way things are. There were also such people in San Francisco before the present disturbance. But the creation from them of a united group working now in defense of the local church authority, now against it, now in accordance with the canons, now in contradiction to them, but always unanimously and obstinately, is not just a local phenomenon, but is now guided by someone who is near to the Synod.

With this explanation, all that happened in San Francisco becomes understandable, from the beginning of the origin of the disturbance even to this day. Certain events which arose in other dioceses also become understandable.

What then are the consequences? The authority of the Synod is nearly annihilated.

They [i.e., those who speak in the name of the Synod] do not respect those whom it [the Synod] now protects, since they know how to compel it to fulfill their smallest wish and through whom to bring pressure if this will not be done immediately.

They have ceased to respect even the former loyal offspring of the Church Abroad who have guarded her faithfulness in the fire of trials and now have felt themselves to be her stepchildren.

That which happened in San Francisco has quickly spread to all the Diaspora and threatens the existence of the whole Church Abroad with a falling away of part of her offspring in general from the Faith.

Recently, the still glorious and esteemed name of Metropolitan Anastassy was covered with disgrace because of the contradictory decisions, the appeal to the Court and other actions which have injured his prestige, not only in our flock but also among those of other faiths, since they proceeded from his name.

We, his closest collaborators know how incompatible this is with his character, and we are unable to lay complete responsibility for this upon him.

However that may be, there are also conditions which outwardly issued from his name, degrading his and our Church. With pain it comes about, then, to watch and see the breakdown of the Church Abroad, profitable only to her enemies. We, her hierarchs, cannot allow this, nor this: that one organized group should dominate over the other bishops and by any means promote whatever that group wants.

As one of the oldest bishops of THE RUSSIAN CHURCH ABROAD AND HER SYNOD, I TURN TO MY COLLEAGUES AND IN THE FIRST PLACE TO OUR ESTEEMED CHIEF AND EMINENT CHIEF HIERARCH, METROPOLITAN ANASTASSY WITH AN APPEAL, AND I REQUEST THAT THERE BE ASSEMBLED, AS SOON AS POSSIBLE, AN EXTRAORDINARY ARCHIEPISCOPAL COUNCIL SESSION FOR THE PROTECTION OF THE CHURCH ABROAD AND FOR THE RESOLUTION OF THE QUESTIONS DISTURBING AND HARROWING HER. I ask all eminent colleagues to respond to this appeal.

Member of the Archiepiscopal Synod,

Archbishop John

July 23, 1963: The appearance of the Most Holy Mother of God on the Mountain of Pochaev, the Miraculous Icon of the Most Holy Mother of God, Joy of All Who Sorrow with the coins in Petrograd.




{In 1965, when court proceedings were still going on in San Francisco in the wake of the trial, Archbishop John paid a his flock in France. One Frenchman describes the scene that occurred at the end of this visit, as Archbishop John was boarding the plane to return to America:

"Those of us who saw him during the last year of his life could clearly observe how he was melting away before our eyes, how his strength was leaving how all his energy was being drained by the persecution. He was in such a terrible state that it was apparent what the persecution was doing to him. He was often very serious. Being clairvoyant, he of course knew that he was leaving us forever, but we did not know this. I saw him off at the airport and was even allowed to accompany him into the plane. He was especially serious; he could not even talk. When I told him just before entering the plane, 'Please look back, your flock is looking at you with love, 'he turned around sadly and three times blessed us all for the last time. And we never saw him again. Early that summer one of his spiritual sons received a letter fiom him, stating, 'Ifyou hear that have died, know that I was killed. 'And shortly thereafter we heard the sad news that our dear Blessed John died. " (Blessed John the Wonderworker, p. 138.)}




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