Daily Republican., 1878-11-27

the Paysssee ~ Duss ~ nsaea.
eial hselettss Before the Ceass--
Gas ssesss seessaies sespena Pay.
. nsHts IA Test Cass.
New CAsTLs, Nov. 26.
Court assembled this morning at 10
o'clock. Judges Houston and Woottsn
on the bench.
| The case Of James MAgss'a admins.
tratrix ". Clayton Lodge, x. Of p. 70.
sumed. '.t
| While the jury In this case was bs.
ling called, c. b. Lore, Ksq., gave no.ios
that hs weuld ask for new Trial in
the action Of WIN. P. Ksrr VI. Joseph
Plsnnigan.
William Thompson was called BY the
counsel Of the 'plsinti6, M. Lore, 10
establish the fact that Mr.. Magss was
4 member Of said lodge.
James P. Hayes was called and stat
ed that hs had q that time Of the
adoption Of the laws then offered was
Grand Keeper Of the SsAls. His tssti-
mony went to establish the legality Of
the laws under which the lodges work
I'd. THE admission Of these laws we're
objected ~, but the court ruled con-
trary 10 Mr.. Birds objection.
N. Brd-Mr. Hayes do not the sub.
ordinate lodges pass laws 10 control
their own actioni
Mr.. Hayes--Thsy do when these
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 con-
fiict~d with the laws Of the Supreme
lodge, Mr.. Hayes stated he wss, not
prepared 10 answer. .gs=r
Joseph Luwbsr sworn: am mem.
Dor Of Clayton lodge; Magss WAS id
mittsd about 23rd OF June, 1870. He
formerly belonged to . lodge At Bridge
ton, N. j., and was admitted to Clay.
ton Lodge by card and retained his
membership up TO his death. He had
attained the Knights degree.
Mr.. Thompson was recalled and stat
ed that Magse was in PhiladelphiA and
was placed in another lodge and was At.
tended by Clayton Lodge.
The plaintiff here closed, and Mr..
Bird on ths part OF the Lodge asked for
a non SUIT, on the ground that there
had been no evidence to show that me
Lodge owed Magse anything or that lie
(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 Q
non suit, stated that he had on last ev-
ening previous 70 diou, nment by the
testimony Of Mr.. Thompson, fully
shown that the deceased had been
cared for by the lodge, and by that.
witness proved that dues had been paid
IN one instance alone, amounting TO S6.
The court ruled that ther. was
enough evidence to continue the case,
and Mr.. Birds opening before the Jury
segan, in which II was shown that the
lodge because OF imp-cuniousness had
suspended beneficial payments on April
18th, 1873; and remained so up to Mr..
M'g.e's death; and that it was for this
period, during all Of which Mr.. Magee
was sick, that payment was suspended.
Mr.. j. c. Jones, sworn: testified that
Magee was admitted by card on June
23d, lo7o; and that in OCT. 10th, '72
So was paid, and from that time up TO
the suspension sls0 has been paid him
for benefits.
The amount Of dues paid by him
amounted to $44.20. This is the book
a constitution OF the lodge al that time
was handed to him under which we
worked and which were approved by tie
Grand Lodge. tn. condition of tn.
Lodge was this: We had in bank On
January lst, 1875, Sl3s.sl; received
from Jan. lst to April 25th, 1875. The
time OF suspension s279,34. Total
amount Of funds S4ls.l5. Amount
paid cut S42l.l0. Leaving a balance
in favor of the bank of 1926. In
consequence of this condition OF affairs
a resolution was offered q week pre-
vous to suspension for the reduction Of
benefits to % per week and read twice.
On the following week April %,
1879, this resolution came up for final
action and was lost; . resolution to
suspend payments Of benefits for six
months was unanimously adopted, we
Resumed payment April lst, 1876; after
the suspension we donated Samuel
Magee $50 at different dates; af.r
his death We donated the widow Sl5O
rs a funeral benefit.
During cross examination 1t was
stated that the Lodge had about $3.50
in cemetery stock At tn. time of its sus-
pension, and that aboat $50 was on
loan in the hands Of several members:
That while Nagee was in Philadslphia
.he money was sent TO his account by
postal order.
William H. Fighter and William II.
'hull were brought upon the stand to
how that the motion to suspend WAS
Mr.. william Thompson was Recalled
~ counsel for plaintiff and hs stated
that h- had voted against the
passage of the resolution Of uspsnsion.
THE question which then ensusd
vas over a provision Of the constitution
" the Supreme Lodge which provides
'gainst tho suspension of payment ofa
ubordinatr lodge. Mr.. James =. Hayes
vas called " testify as to tho existence
u the aforementioned clause. The
eirt ruled against this testimony as
icing inadmissibls. The case was closed
IN both sides and the argument before
he jury began and is being continued