The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-10-27
I. o. o. F.
Decision in the Celebrated Trsspass Case
at Belfast.

At the recent term OF the S. j. Court at Bel
fast, Judge Symonds of this city presiding, the
celebrated case of w. w. Castle vs. e. II
says, this was suit for damages on an alleged
trespass, and is one of the many Odd Fellow
cases. As it has excited much interest in the
community it is given more space than it
would otherwise receive. The action alleges
that the defendant committed trespass 10
breaking and entering Odd Fellows Hall in
that city, on the evening of March 21st, 1879
the plaintiff claimed that he, personally, held
lease of the premises, and that he had wrong
fully been dispossessed of it. Jan. 1, 1876, Bel
fast Lodge, No, Al, 1. 0. o. f., procured a
lease Of McClintock's Hall, for term of ten
years, at $75 per year, rent to be paid quarterly
in advance. The lease run to w. W. Castle
and A. R. Carter for Belfasu Lodge. Mr. Nc
the I'd of January, 1879, a forfeiture of the
lease was worked for non-payment Of lent, and
on the 9th day of the same month, he leased
the hall to the Grand Lodge OF Maine, I. o.
o. f. On the same date of the last lease, the
Grand Lodge OF Maine suspended Belfast
Lodge and arrested its charter, which acts in
subsequent trials both in the State and Sover-
eigm Grand Lodges of the order, were sustain
ed, and Belfast Lodge became extinct, remain
ing so ever since. In March, 1879, the Grand
Lodge of Maine, by virtue of its lease, permit
ted Waldo Lodge, I. o. o. f., OF that city, to
occupy the premises On the 21st of March
Mr.. Castle removed from the outer door of the
an ts-room the lock placed there by the Grand
Lodge, and substi tuted one of his own, at the
same time posting notice forbidding all per-
cons entering. This act Castle claimed he had
right to do, as the original lease was his, per-
sonally, and not the Lodges Castles lock
was removed, and Waldo Lodge entered and
held its meetings, the defendant being one of
its members. The defence was that he had
right to enter, and was not trespasser Such
In BRIEF is the history of the case. The rec
ords OF Belfast Lodge were introduced, show
ing that that body appointed committees to
perfect the lease, the last report being that
"the same had been accomplished" Mr. Nc
Clintock testified that for cause he wished to
work forfeiture OF the lease, and that acting
under the advice of Judge Williams IN, he, on
the first and second days of January, 1879,
went to the entrance OF the lodge room, aud
made demand, to which no one responded.
Mr.. Castle claimed that on the 4th of January
he spoke TO Mr. McClintock, about the rent,
and that McC. said call right" This was
claimed as waiver of McClintock's demand
Tor rent. testimony was introduced to i'm
peach Mr.. McClintock's demand on Jan. list.
claiming that the hall was open all that day,
and occupied by members of the lodge.
Judge Symonds, in his charge, ruled, first,
that forfeiture of the lease was worked on
Jan. I'd, for non-paymeut OF rent, If the de-
mand was made as alleged. Second, that the
ease belonged to Belfast Lodge, and not to
Castle and Carter; that the lodge was not an
Incorporated body, and they had no more right
under the lease than any other members of the
lodge; that on Jan. 9th, Belfast Lodge was
suspended, and all its property, including its
rights to the lease, was forfeited to the Grand
Lodge of Maine, agreeable to the laws of the
order; and that subordinate lodges were anne
nable to the laws of the superior lodges
The judge instructed the Jury, first, il they
found that demand for rent was made on
Jan. I'd, 1872 and that no waiver was had, to
find for the defendant. II they found that a
waiver was made, or disagreed on it, then they
would pass TO the second branch of the case,
which was the suspension of Belfast Lodge, on
tho 9Th following. If the lodge was so sus-
pended, Its rights in the lease were forfeited to
the Grand Lodge, and in this case they must
find for the defendant.
Inc case was given to the jury at O'Clock
on thursday evening, and at 10 O'Clock an
agreement was reached On the demand Tor
rent and waiver, the jury disagreed, but found
Tor the defendant on the second branch of the
case. The case was we'll managed on both
sides. Thompson & Dunton for plaintiff,
Could and Williamson for defendant.
The case of w. w. Castle VS.. Grand Lodge
OF Maine, /. 0. o. f., trespass and damages al
legged at $4,000, was entered neither party.