The daily gazette., 1878-11-26
FIFTH EDITION.
OUR COUNTY COURT.

cieties-Cdn Secret Societies Suspend
Payments "A Test Case.
Special to the Gazette.
New CASTLE, Nov. 26.-Court as
sembled this morning at 10 O'Clock, Judges
Houston and Wootten on the bench.
The case of James Magee's admins
tratrix VS.. Clayton Lodge, X. of p, re-
sumel. While the jury in this case was
being called, Charles b. Lore, Esq, gave
notice that he would ask for new trial
in the action of Vim. p. Karr VS.. Joseph
Flanagan.
William Thompson was called by the
counsel Of the plaintiff, Mr.. Lore, to es-
tablish the fact that Mr.. Magee was a
member of said lodge. James p.
Hayes was called and stated that he at
the time of the adoption of the laws then
offered was Grand Keeper of Seals. Iii
testimony went to establish the legality
of the laws under which the lodge work
ed. [The admission of these laws was
objected TO, but the Court ruled contrary
to Mr.. Birds objection.l
Mr., Bird-Mr Hayes do not the sub
ordina'e lodges pass laws to control their
own members?
Mr. Hayes-They do when those laws
do not conflict with those of the superior
bodies.
On being pressed with the question
whether there was anything in the lodge
laws of Clayton Lodge that coniicted
with the laws of the Supreme lodges,
Mr.. Hayes stated he was not prepared to
answer.
Joseph.Lowber, sworn Il am mem
Der of Clayton lodge; Magee as admit
led about 23d of June, 1873; he formerly
belonged to lodge at Bridgton, y. j.,
and was admitted to Clayton Lodge by
card and retained his membership up to
his death. He had attained the Knights
degree.
Mr.. Thompson was recalled and stated
that Magee was in Philadelphia ana was
placed in another lodge and was attend
ed by Clayton Lodge.
The plaintiff here closed, and MIR. Bird
on the part Of the Lodge asked for nom
suit on the ground that there had been
no evidence to show that the Lodge
owed Magee anything or that he (Magee)
was ever sick, or that fees to be paid
amounted to 81, one cent, or $40.
Mr.. Lore. on the part OF the plaintiff,
in reply TO the request of Mr.. Bird for a
non-suit, stated that he had on last even
ing previous to adjournment, by the tes-
timOny of Mr.. Thompson, fully shown
that the deceased had be en- cared for by
the lodge;snd by that witness proved that
dues hal been paid in one instance alone,
am Ounting Sc.
The court ruled that there was enough
evidence to continue the case, and Mr..
Birds opening before the jury began, in
which 1t was shown that the lo1ge be-
cause of impecunio usness, had suspend
ed beneficial payments on April 25th
1879 and remained so up to Mr..
Magee's death; and that IL was for
this period, during all Of which Mr.. Ma
gee was,
Mr j. G. Jones, sworn: Testified that
Magee was admitted by card on June %,
1870 and that on Oct. 10, 1872 Sc was
paid, and from that time up to the time
of suspension $3.50 had been paid him for
benei The amount of dues paid by
hlm amounted to S44 20. This is the book
a constitution of the lodge at that time
was handed him under which we work.
Grani Lodge. The condition of the
Lodge was this: In bank
Jan. 1st, 1875, s13S 81 received from
Jan. lst to Apri 25th, 1875, the time of
Suspension, S279 "a. Total amount OF
fu IDS, 81 4lo 10 Amount paid out s49l 10.
Leaving "A balance in favor of the bank
of S2.95. In consequence of this condi-
| tion of affairs, a resolution was offered a
week previous to suspension for the
reduction of benefits to So per week and
read twice On the following
week, April, %, 1875, this resolution
came up for final action and was lost
a resolution to suspend payments OF
| benefits for SIX months was unanimous
lv adopted we resumed payments on
| April LIST, 70 after the suspension we do
mated Samuel Magee $50 at different
dates ; after his death we donated the
widow Sl50 as funeral benefit.
During a cross-exami nation it was stat
ell that the Lodge had about $3.50 il
cemetery stock at the time of its su
pension aud that about $50 was on loal
in the hands of several members
that while Magee was in Philadelphi
the money was sent to his account b.
postal order; part of the none
paid for the Riverview Cemetery lot
vas borrowed and part of the money wa
taken from the loan ASSOCIATION.
William II. Fighter and William u
Schulz were brought upon the stand t
show that the motion to suspend wa
unanimous.
: MI W imam lnOIHlISOn was rt-callt
by plaintiffs counsel and he stated pos
, lively that he had voted against the pa
, sage of the resolution Of suspension.
: THE question which then IN ued W;
over pl ov.ssion of the continuance ,
. the Supreme Lodge VIII Gu provid
i against the suspension of payment Of
:, subordinate lodge.
!, Mr.. James p. Hayes was called TO test
;. fy as to the existence of the above me
toned clause.
a The court ruled against this testimol
as being inadmisible
I'll g case was closed on both sides al
the argument before the jury began al
is being continued at this writing.
. THE DELAWARE SHOOTING CAS-
CuESTFRTowN Mn Nov OF ~