A few days later, J. F. Rutherford and W. E. Van Amburgh visited General Bell at Camp Upton. Bell, in the presence of his aide-de-camp and Van Amburgh, told Rutherford of the Philadelphia conference of clergymen. He mentioned their selection of John Lord O’Brian to present matters to the Senate, resulting in the introduction of a bill to have all cases against the Espionage Law tried before a military court, with death as the punishment. General Bell “showed considerable heat,” according to Rutherford, who reported: “Before him on his desk lay a package of papers, and with his index finger he tapped these and, directing his speech to me, with real feeling said: ‘That bill did not pass, because Wilson prevented it; but we know how to get you, and we are going to do it!’ To that statement I replied: ‘General, you will know where to find me.’”

On May 7, 1918, the United States District Court for the Eastern District of New York issued a warrant for the arrest of certain principal servants of the Watch Tower Society. Involved were President J. F. Rutherford, Secretary-Treasurer W. E. Van Amburgh, Clayton J. Woodworth and George H. Fisher (the two compilers of The Finished Mystery), F. H. Robison (a member of the Watch Tower editorial committee), A. H. Macmillan, R. J. Martin and Giovanni DeCecca.

On the very next day, May 8, 1918, those of this group who were at Brooklyn Bethel were placed under arrest. Eventually all were in custody. Shortly thereafter they were arraigned in Federal Court, Judge Garvin presiding. All of them were met with an indictment previously returned by the Grand Jury, charging them with

“(1, 3) The offense of unlawfully, feloniously and willfully causing and attempting to cause insubordination, disloyalty and refusal of duty in the military and naval forces of the United States of America, in, through and by personal solicitations, letters, public speeches, distribution and public circulation throughout the United States of America of a certain book called ‘Volume Seven​—SCRIPTURES STUDIES—​The Finished Mystery’; and distributing and publicly circulating throughout the United States certain articles presented in pamphlets called, ‘BIBLE STUDENTS MONTHLY,’ ‘THE WATCH TOWER,’ ‘KINGDOM NEWS’ and other pamphlets not named, et cetera;

“(2, 4) The offense of unlawfully, feloniously, and willfully obstructing the recruiting and enlistment service of the United States when the United States was at war.”

Principally, the indictment was based on one paragraph in The Finished Mystery. It read: Nowhere in the New Testament is Patriotism (a narrow-minded hatred of other peoples) encouraged. Everywhere and always murder in its every form is forbidden; and yet, under the guise of Patriotism the civil governments of earth demand of peace-loving men the sacrifice of themselves and their loved ones and the butchery of their fellows, and hail it as a duty demanded by the laws of heaven.”

Brothers Rutherford, Van Amburgh, Macmillan and Martin faced a second indictment of trading with the enemy, based on a claim that the Society’s officers sent $500 to the manager of the Swiss branch of the Society at Zurich. Each brother arraigned was held over on bail of $2,500 for each of the indictments. They were released on bail and appeared in court on May 15, 1918. The trial was set for June 3, 1918, in the United States District Court for the Eastern District of New York. The brothers pleaded “not guilty” to both indictments and considered themselves completely innocent of all the charges.

At one point, a former officer of the Society was sworn in. After looking at an exhibit bearing two signatures, he said he recognized one as that of W. E. Van Amburgh. Here the Transcript of Record reads:

“Q. I hand you Exhibit 31 for identification, and ask you to look at the two signatures or purported signatures, of Macmillan and Va[n] Amburgh, and ask you first as to Van Amburgh, if in your opinion that is a mimeograph copy of his signature? A. I think it is. I recognize it as such.