The Morning herald., 1878-11-27

80 - -7-T7 - !
to show that there was cont due to the |
plaintiff, or that the lodge owed him al
cent. That no demand was made BY Msges
for dues, or that the lodge refused pay
mept, .t,
Mr.. Lore, counsel for tha plaintiff, stated |
be had proved, that Nsges, was Knight |
and while sick was entitled to S6 . week
Thompson paid his dues but stopped hav. |
ing them Ii April 1875, and they remain
unpaid until his death. tt g aa |
Ar. Bird addressed the Jury, and called
the Witnesses for the defense.
Examined by Mr.. Bird. f@Hs0} @'
j. q. Jones sWorn--Was q member of the
Clsyton Lodge since 1868 BY referring to
the records, Il find that Magee was admitted
by card on June 23ri, 1870. On Oct. 3rd, |
~, he was reported sick, &6 was paid on
Oct, 10th, and on Oct, 17th From that
time he was paid BY actual benefits S189
until the suspension Of the lodge on April
25th, 1875. He had paid In a. dues, ~.
Everything In the constitution and by-laws,
OF the lodge was bindiug. The lodge, sus>
pended payment of berefts in March, 1875,
on account Of having no money. Before the
suspension We had paid out dues to several
sick members, SEA week to each. This lett
the Treasury without any money In it. In
JAM, Lat 1875, there WAS balance of 128 81;
receipts, from JAN, Let, to April 24th. '7s,
the time OF suspension, amounted to 270, "a
making total Of $41s,15 During that
time, they had expended psyiug benefits
etc, $42l 10; leaving us ip debt $275 fnd-
Ing the lodge in that condition, payment OF
bene6ts Was suspended. A resolution pre-.
ssnted week previous to the suspension,
to reduce the psymsAt Of weekly benefits,
to -, which was laid over, and on the Msh
Of April It was brought up for final action
and wss lost. A55
Tho motion for the suspension Of the
lodge for six months, was adopted unsni-
mously. To April 1st 1776, the payment OF
beneflts was resumed. We suspended pay
| ment bscsuss 1t 10 an authorized right for q
lodge to IeEu ate its own dues, and benefits.
During MAgee's illness and the suspension
of the lodge, It donated dues - follows
June, 9th, 1875, $40; August, Sth, $40; De-
cember, 9th, $50; February, Oath, 1879
go; $50 for burial expenses to the widow
Total $3.50. s.'l. ssea u, s.gEj .,v
| Cioss examined by Mr.. Lore-Don't
know whssher, any money was paid to Ma
ges, but know orders In his favor were
directed to be drawn, ,sts .-. -...
| Mr.. Bird drssumed--witness small amounts
were owing the lodge, stock was purchased
10 the Riyerview Cemetery, by money bor-
rowed. The cemetery 10 owned exclusi 20 by
| by knight of Pythias and Odd Fellows, for
the burial Of its members. I 40 S
| = William Fl. Fighter sworn, testified, ! was
Master of Finance, knew that an order was
drawn for Magee's benefit.
| W. q. 6hull. sworn, was Master at
Arms, one oi my duties was to count the
votes. The vote for the suspension Of the
lodge was unanimous.
w. H. Thompson, recalled-I voted
against the suspension was In arrears many
dues and not being satisfied with the way
things were going left the Order.
Mr.. Lore addressed the jury at some
length, Mr.. Bird followed. In his address
to the Court, he said there had been no
evidence OF ! legal contract having been
made bstwsen the plaintiff and the corpsra-
ton.
The close arguments Of both gentlemen
were Of some length. At the close of Mr..
Birds argument, 0 ten minutes to
o'clock, the Court took recess until
O'Clock.
| On the opening Of Court, Mr.. ore COM
mencsd his argument. During which he
said, the action OF suspending payment was
utterly and totally Illegal, and reducing the
. weekly benefits Was done In defiance Of the
laws passed BY th, Supreme Lodge.
Their own laws demand thst the benefits
shall be paid. There 10 no provision made
for suspension, % It 10 distinctly said II
their laws, that tbssld the funds become
exhausted, each member shall make con.
tributtons for the benefit of its sick ant
distressed % shall bs determined on BY
vote OF two thirds of the members presen
after due notice has been given.
Judge Wootten In charging the jury said
ut 10 . novel suit, - much 80 to th'
Court ak 1t 10 to you. The case 10 be TO de
termined by you on the facts alone. w
, have been asked to charge you upon one
question Oflsw. It 10 insisted on the par
OF the defendant that there is no legal con
tract In this case which charges the defend
ant and makes him liable to the plaintiff
claim We cannot agree with the ceunse
. in that matter. It 10 claimed On the par
, of the plaintiff, Elizabeth Magee, Adm'tx
of Samuel Mages deceased, that the Clay
ton Lodge was indebted to Magee, at tn
0 time OF his death, $270 with interest.
Il There Is no law applicable to this case
b all.
The Jury retired at four o'clock. At bal
past four the General Jury Wa. discharged
There being no further business for tn
Grand Jury TO acted upon, they were dil
Z charged until Tuesday morning, Decembe
: 3rd st 10 o'clock. " eir nj 5,ss,....,,--- -,i !
The new Recorder Of Deeds, Mr.. Thoma
>tP. HOlcomb bonded In the sum Of 5000
George Gray, J. q. Rodney and Joseph B
. Rodgers becoming his securities.
The bill before the Grand Jury chargin
. Mccain, Andrew Finn and James McClai
. as principles and William O'Donnell, WI
lliam Patten and Michael Daven as assesso
: les in the murder of Patrick Collins. col
9 trsry TO expectations Of many persons. WI
! returned this afternoon, ignored. It wa
:. Thought the, two new witnesses lately o.
= tainsd would throw more light on the cas-
b but failed to do 80. LHa3 j
r On application Of George Gray Esq., q
Itorpev for Mre. MoCaun, sh0 was Order(