The daily gazette., 1878-11-27
OUR COUNTY COURT.

eoLSeu-ihe Jones 1SSdulting dfuir.
A Prisoner Sentenced.
Special to the Gazette.
NEW CASTLE, Nov. 26.-The pro-
ceedings OF court subsequent to those
published In our late edition of yester-
day are as follows:
Mr.. Lore, in his argument, spoke very
briefly, claiming that the plaintiff had
proven her case and was entitled to a yer-
dict in heI favor. At the close of Mr..
Lore's remarks Mr.. Bird addressed the
court, claiming that there had been no
proof advanced of legal contest between
Magee and Clayton Lodge, such as the
law recognizes. The Lodge is bene-
flcial corporation based upon the princi-
pie that if member shall pay certain
dues he shall be entitled to certain bene-
fits. What evidence is there of a legal
contract making it binding in law p
There never has been such a case as this
brought into court. 1t was an agreement
entered into for certain beneficial pur-
poses, that if a member did certain things
he was entitled, under their constitution,
which is not the law of this or any other
State, TO receive certain benefits.
Samuel Magec might have appealed to
the Grand Lodge of the Supreme Lodge,
but his representatives cannot recover in
our courts. When he went into the or
ganization he went ino it to abide by its
rules o take benefits when it had the
money and to do without them when it
had not.
Mr.. Bird in addressing the jury ssid
that the plainlif has not only shown no
legal rights 10 recover but has likewise
shown no right to recover under the facts.
No suit at law in this case should have
been brought into court. When the deceas
ed Joined this lodge he joined subject TO
all rules and laws. Mr.. Bird then read
the charter and constitution of the Clay
ton Lodge, which showed that the Lodge
has The right to amend and alter laws,
"As ma ter Of fact" said Mr.. Bird,
"the man Magee had received $50 of
benefits from the Lodge, and only paid
in $40 80 as dues; and afterward $50
funeral benefits was paid a, his decease,
and $50 paid to Mis-. Magee, the widow.
Is this an evidence of the fraud of
which the counsel for the plaintiff accus-
es the organlZ alton? No. these facts show
10 the contrary plainly. Mr.. Magee en-
teredrhis organization under IL vow thai
he would be governed by the laws of the
lodge. When man enters secret so
ciety as an honorable man he is bound to
stand by the laws of the organizati on,
and neither he or his friends eau obtain
redress outside of those laws. If his wild
Ow or children have been wronged
through him they have right to appeal
to the higher ladies' within the Society.
This case was brought TO the wrong
door; they should have taken 1t to the
right place. If the administratix Of Mr..
Magee wants what she claims, she must
bnng IL before the lodge aud lot 1t be- set
tied there.
Nowif bring in verdict IN favor OF
the plaintiff youwlll establish precedent
for all secret societies-and thote are a
million OF them now-to be troubled with
the same kind of claims; and, too, con-
trary to all intents and purposes OF the
organizations. The Legislature when
it granted charter to this lodge, it did
not mean that such matters should
be brought before the courts.
In conclusion IL would be well to see
that the members who belong to u ese Sc
cret associations are not men OF wealth;
they are of the laboring classes, and work k
day by day for the support of their fami-
hes. 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 the plaintiff that such
was their expressed desire.
Mr.. Bird having closed, court at 100
took recess until 3 o'clock.
AFTERNOON SESSION.
Court re-assembled at 8 o'clock.
The encouragement asked the court
for hdbeds corpus dd teStVcdItunl for
James Jones. 1t was gran ed, aud the
case against Phillip Vincent auI William
NewcomDe went before the Grand
Jury.
Mr.. Lore. after addressing the court in
the Magee vs. Clayton Lodge SUIT, began
hIs argument of rebuttal He cited the
declaration of Mr.. Bird that the men OF
these associations were poor. This was
ra her marvellous, he thought, for If you
have seen their pdrades, as | have, in
Wilmington, with all their paraphernaha
you wouldn't think much OF the asser'
tion. Why, / believe, and II Is doubt
less true, thai there are men in the lodges
who 1 o there ON purpose ofpnt ing thelI
money where II should do the most good
1 have no DOUBT there are many such
And consequently that argument wont
hold good.
DdSStu by lut A$ON6O ~ oS~AS
iipun all subordinate lodges. The action
of suspension was illegal, because Of a
law passed by the Supreme Lodge in
1874. clayton Lodge. by their lact, at
tempted to take the law into their own
hands. But because of its being rendered
nugatory by the action of the Supreme
Lodge the act subjects the lodge TO legal
process In the court, notwithstanding,the
defendants counsel says the case has no
statute here.
"Itisa poor, pitiable plea" said he.
"for these ablobodied men to come here
With the excuse that they had no funds.
you shall receive So per week, says the
law. 1t wa, their contract. Yes IL rs
pitlable plea for those who by suspend
ing their payments at the very hour
wien they were most needed, deprived
MT, Magse of those luxuries he required
| in his dying hours. Yes, l relterate' IL
was pitiable plea" a., ,u 40
The Court then charged the jury as
follows r., 60
Won there being very little law appilca-
HE to this case, it depending mainly up
on matters of fact. tits an unusual case
~ much so to the Court as to you; III is,
however, before you to be decided py
whatever law is applicable, anu oy 'he
| testimony. ,,, roo,astad
awe, However, have been requested
tn charge YOU, at the request OF tne
| I.;.,.,a az ,nnn one uont OF law. IL Is