Daily Republican., 1878-11-27
by whoAs 'er law is applicable and by
the testimony. ....

the testimony.
"Ws however, have been requested
to charge you, st the request Of tn,
plaintiff, upon one point Of law. II il
stated by the defendants counsel tha
there 10 no legal contract in this cass
which eharts' the defendant or m,ksi
him liable 10 the plaintiffs claims.
I'VE cant agree with the counsel in
that matter. This lodge seems 10 be On
association Of men joined together for
the mutual bspsht of each other. Ac.
cording TO their constitution and by.
laws, each member Is requested to pay
In certain sums, weekly or monthly, u
the lodge; in consideration thereof il ID
bound % pay 70 any membsr who bs
comss disabled or sick . certain allow.
anos. W. think therefore an action
may BE- msiAtainsd.upon that gronnd
The case thsn stands upon the facts
alone.
This slai,a, upon tho part Of the
plaintiff, Elizabeth Magss. who 10 ID
ministrasrix Of Sanusl Magse, Is With
Clayton Lodge, which according TO the
claim, WAS indebted to Samuel Magse,
at the time sf his death, in the sum OF
e276, with interest from lst Of Novem-
Der 1875. This plaintiffs claims alleged
70 be for weekly dues to Samuel Magee,
in his life time is unpaid. This is .
question fov the jury; whether II is un-
paid Or whether the Lodge ought 70 pay
that sum Of money.
''It seems he was sick and that sew
eral SKINS Of money we're paid to him.
HI paid az. so into that lodge. After
April 1875 the lodge suspended pay:
msnt. He was still . member OF the
lodge when it suspended in April 1875.
These are the facts in evidence. You
are to take them, consider them and
make up your verdict as best you can
There is no law other than what have
quoted applicable to this case.
"The claim Is $270 with interest FROM
Nov. lst 1875. We say to you, if in
your opinion from the testimony that
that amount Of money due to Samuel
Magee or his representatives, is legal
then they are entitled to recover. You
must take into consideration the fact
however, that the lodge had suspended
payment bv resolutions passed, for the
reason Tax they had no funds. Several
had been sick and by reason thereof
the lodge was without these funds.
You are to take all these facts into
con. liberation and from them make up
your verdict"
The jury then retired.
The new Recorder Of Wills, Thomas
P. Holcomb, entered George Gray, Esq,
John H. Rodney, Esq, and Joseph II.
Rogers as sureties for $4,000.
There being no further business for
the Grand Jury to act upon, they
were discharged until Tuesday morn
ing, December 3, at 10 o'clock.
The Grand Jury having ignored tn =
bill against Mrs. McCann, charged with
the murder of Patrick Collins, on the
application Of George Gray, her coun-
sci, she was discharged.
The Court also discharged James Nc
Lane and Andrew Finn, neld as prin-
cipals with Mrs. McCann for the mur-
der OF Collins.
William O'Donnell, Michael DAWN,
and William Pryton, who we're held
as accessories, one of whom, William
had been in Jail since the
murder. were also released from bail.
Robert Baynard, ST., for the larceny
Of harness from Curti, b. Ellison, COZ
victed was brought out.
He was sentenced to pay as restitu-
ton money $5 and costs, be whipped
with 10 lash-s, be imprisoned three
months and wear a convict's jacket six
thereafter.
Owing to the fact Of the jury on tho
Clayton Lodge case being out, at 6,45
Court was in session.
The jury rendered verdict Of 4l04
in favor Of Magee.