Daily Republican., 1886-11-29
THIRD EDITION.
superior Court.

ANs AZ " INtIEs WI NG1 SuleI l9LkEt
AMI Al soeiaye Judge Houston on the
bet ch TIE Eaues of the Jurors were
catkd, when The Chief Justice an
OF Judes Wootten ho would not deliver
the charge 10 sbe jury in The case OF
Russell vs.. Pagan until this afternoon,
and they ~ese discharged until 3
o'c OCH.
Tue case of ]. M. Howell & 20. W.
Marin Alsbu-g was called, but the
Hon. Charles b. Lore, for the plaintiff,
Announce that it was discontinued, as
"tbe game was not worth the candle D
A jury Was drawn aud the case OF
e. hrsim M. Sprague va. Oriental
Lodge, No. %, Knights of Pythias, was
taken up ftr trial, with Hon. Charles
Lore and Harry Emmons, K a, for
she plaintiff and Messrs. Bird ana San.
bonn for the defense.
This Is an action to recover sick
benefits from June 18th, 1884, to June
22nd, 1885, at g. per week, amounting
TO $5G5, with q credit Of two weeks $40,
that was paid to him by the lodge. The
de,euse Is that his sickness was cansed
By drunkenness. Tse case was opened
TO the jGry BY Harry Emmons. Esq
after which Tie eXamip alton OF wit
net bes was commenced.
Ephrsim M Spraeue was sworn and
testified that he resides in this city and
Is, or war, a member OF Oriental Lod ge
No. IL, X. of 2, having joined as q
charter member. He has paesed
through all the offices OF the ledge, and
In June, 1884, was a mt Der IN good
standing. In that month he WAS taken
sick With rupture and chronic diarrt ~ !,
and reported 20 the lodge
He YVES visited by the com mittee,
WHO paid HIM two weeks benefits,
amounting 10 SO. which WAS all he re.
ceived; be was a.so suffering with
hydro e, aud was Obliged 10 bGve an
opeI4 tion performed. He IL still su fer.
ing ard urabie to pelfcrm any heavy
manual lab II, bat is much he. or than
he was before Dr. DT&psr pe-icrned the
operation.
On crose-e1a miIsiiCn by Mr.. Eird he
state q that whou .e Was iaken sick be
was at Deluar, and came at once 10
this city, ard reported o the iodge. He
has vile and Two ch!.dIrn at De MAJ,
bat bas not see Il them Tor year When
be first came htse be boarded with
Mrs. Harry Psuet;, OF PiDe street be
boarded with har four weeks and then
by pernissiJn OF the Waiting committee
of the lofg9 Visited his family al De-
mar be had always oeeu accustomed
to using llti.e st.u ulant, but had
never been drunk
he did not rene = BIER meeting An
drew j. ThompHon Gu Fourth street 10
September, 1854. and asking him for 10
cent? TO &c, drluk, neither did be re
msr bfr taAt Mrs. Pruo,t had ever told
him that unless he stepped drinking he
-
house or tlst no had told her not 10 ct
Tie lodge mei0 AeIs sec him wheI he
was under the iotia bcs o! quor. He
is low at tne sinshouse, aud receives
IS a mouth ard his ard, sery day
clothes ard washioR aud menaing, for
attending the bOiitrs.
On re direct examination by Mr.
Lore, he stated that aiier coming to
thlD city be did not uss any liquor but
beer, and took that IL small Quantities
for the benefit ue derived from 1t. He
considered thai il had tended to help
his disesee
George G. Guthrie testified taat he Is
acquainted with Mr. Spragus, and be.
LONGS 20 the same tribe of Rsu Men He
wa reported 81 heiug s,eK, arr declar
&c on the care ot the tnoe in June, 1884
when the witness, 3s oBe of the relief
committee v1ti.sd him md found HIN
H4IlpB Win diatfL ga, but did Doi
Know mat any Thing else allied him. II e
visited him officially 'oE SIX weeks, anu
saw him nnmbsr o. times after that
o. Angus Itu, 1884 he was declared
of The lodge, bGt ia November follow
ing lie found him suffering and took
Liza 10 the Holly 1rse II, y here he bad
him cared for. The witness hAd seen
him SImctt every week while he was
III the CITY, nj never saw him under
the inhle OF l!quor .
On cross examination he said he 70
me u bered 2ulur - tbe rooms OF Orien.
ial Lodge in reference 10 Mr.. SprlRuf,
and to seeing Colonel Wood toere; b.
old not remember IL Ing him ti st he
had picked Mr.. Spragoe out IT the gut.
ter, Tins leading him 10 believe that be
wac drunk, as ne had DEver deferred Il
any one that he was drunk. The Il I'd
Men naid 81 per week board for linn a
the Holly Tree Inn.
This as the last witness called by
the plant # and hT. Bird opened t,
the july tor TO tegse, by statin:
that he expected tc be- able 10 sho .ha
during nearly all the time the plain If
claimed TO be sick lie was addicted Il
intemperate hsbis.
he read a section of the hy4aws and
said that he would show shat this de
ithdant iouRe had done everything In
tEelr power f3r this man; they had
Visited him and when they failtd TO dc
shat, he rad visited them IN a state oil
MODIFICATION. He tren proceeded witt
the examination of witnesses
John I. Edmnpds was hgorn, arg
stStto that he Is mem Der OF Orienta
Lodge, and is acquainted with MT
SpraGue. He remembered when he wa,
reported ticE, ~ Il commenced To yisii
him In July 1894 He went 70 MIS-
PTuetts, on Ptue street, bet u cen 8 and
so'cloek on a Sunday morning in july
DIT failed to eea min. sLd WIS told b,
was out
He met him few days afterwards
% Inc street, and he to.d tue wituet,
Mat he feit better. TIE witHsEs saw
hla' on the street eight or Ten .mps In
short time aDC sometimes 10 would
ssr he was better and omet.mts not e.
well.
ohe moInin2 in jay, the plaintiff
came to the office Of the Pesty 81 Jone,
Company, where The witness is en-
pioyed, 1t was about o'clcck, and be
aeked the witness II he had his check
lac told him Ee had no, and hustle
him Gu. ol SIC Off % soon as pofs BILE,
as he Naf very much under the In
h0enca Of liquor, and looked as thouo b
he hso been cat &, piRlt. He was
dirty, and had tobacco Juice running
down his o!othee, bss.,.,s nne.ling ter.
riely o: liquor
The witness saw n q number OF
times Afterwards, and be was always
more or iess under the infpeuce OF
lqGor, BE did not know ths5 aCything
ai!ed him except the dia'rioe8 until