Daily Republican., 1878-11-27
oUR COUNTY CoUar.

0UB COUNTY CoUaT.
J Knlgbts efPyahias' asAil bsGsve shs
Csura-Ths Sadgsss Charge Mss.
MsCass asa her CSnpsnisns R~.
lsAse1 Tho Jeass' Assaaltiss
AahlS-A Prisoner SsssesssA.
special Csvrssponssses y the Rspubiiesn.
New CAsrLs, Nov. 26th, rs.
THE proceedings Of court subssq qlpat
70 those published In ouS late edition
Of yesterday are o. follows:
Mr.. Lore in his Argnment spoke very
briefly, claiming that shs DlaiptiG had
proven her case and Vas entitled 70 .
verdict in her favor.
At ths close OF ~. Lore's remarks,
Mr.. Bird addressed the court claiming
that there had bvsn no proof sddacsd
Of legal contract astwsen Nagss ssd
Clayton Lodge, such % the hw rscog-
nises. The lodge Is bsusAcisl soypo-
ration based upon the principle that II
. member shall pay Csrtain dues hs
shall bs entitled 70 certain bssshss,
What evidence is there Of . legal con
trseti what evidence Of any legal coz.
sidsration making IL binding in lawi
There never has been such . case d
this brought into any Court. II was
an agreement entered into fof certain
beneficial purposes, that II . member
did certain things he was entitled un.
der their constitutiOn, which 10 not tine
law of this state or any other, to re-
ceivs certain benefits. Samuel Mag1s
might have appealed 70 ths Grand
Lodge or the Supreme Lodge; but his
representatives cannot recover in our
courts: when he went into that organ
ization hr went into il to abide by lis
rules, to take benefits when il had the
money and to do without them when ii
had not.
Mr.. Bird in addressing the jury said
that the plaintiff has not only shown
no legal rights to receive but has like
wise shown no right to recover under
the facts. No suit At law in this case
should have been brought into the
court; when the decreased joined this
lodge he Joined IL subject TO its rules
and laws. Mr.. Bird then read the
charter and constitution Of Clayton
Lodge, which showed that the Lodge
has the right to amend and alter its
laws.
"As q matter Of fact" said Mr.. Bird,
"this man Magee had received SlSO
b-n-fits from the Lodge and only paid
in $44.S0 ~ dues; and afterwards re-
oriv-d $50 funeral benefits; paid at
his d-cease and $50 paid to Mrs. Ma
geo, the widow Is this al svidrnc.
Of the fraud OF which the counsel Of
plaintiff ACCUSES ths organization. No;
these facts show to the contrary plain
ly. Mr.. Mages entered this organiza
tion under q vow that lie would be
governed by the laws Of the lodge.
When a man enters secret sosi.ty, IS
an honorable man, he is bound 10 stand
by tho laws Of the organization, and
nsitheI he nor his friends can obtain
any redress outside of these laws. IL
his widow or children lave been wrong
ed through him, they have the right
to appeal to the higher bodies within
tn. society.
This case was brought to the wrong
door; they should have taken it to the
right place. II the ADMINISTRATIVE Of
Mr.. Magee wants what she claims, she
mnst bring it before the lodge and let
it be settled there. ..
Now, If you bring in a verdict in ia
vor of the plaintiff you will establish y
precedent for all secret societies, and
thrru are million of them now to be
troubled with the same kind Of claims,
that, too contrary to all inteDts and
purposes of the orisinators. Tue Lsgis'
laturs when it granted charter 10 this
lodge, it did not mean that such mat
ters should be brought before the courts.
In conclusion it would bs we'll to say
that the members who belong to these
secret societies are not men Of wealth,
they are the laboring class and work
day by day for subsistence for their
families. This being the case they
were not able to put their hands into
their pockets and pay the obligations
of the lodge as has been stated by tho
plaintiff that such was the expressed
desire.
Mr.. Bird having closed, court at l.5O
took recess until 3 o'clock. =.
AFTERNOON SESSION
Court re- assembled at 3 o. clock.
The attorney general asked the court
for a habeas corpus ad tes. ttfcandum, for
James Jones. 1t was granted and the
case against Philip Vincent and VIM.
Newcolnb went before the Grand Jury.
Mr.. Lore, after addressing the court in
the Magee vs.. Clayton / 4. dye suit, began
his argument Of rebuttai, and cited the
Of Mr.. Bird, that the men Of
these societies wsrs poor. This was rather
marvellous hs thought, for If you have
seen their paradss as | have In Viii
mingtOn, with all their paraphsnslia,
y"u wouldn't think much Of the asssr-
ton, | believe, AMI it is doubtless true
that there are men in these 'dges who
go thsr. for the purpose ofp, ting their
money where 1t should do the most
good. | have no doubt there are many
such. and consequently that argument
wont hold good.
Mr.. Lore stated that when one Law
is passed by the Supreme Lodge it bears
upon all subordinate lodges. The &C.
ton Of suspension was illegal because