Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-11-30

For Benefits.
Court resumed proceedings ct
O'Clock yesterday afternoon with Chief
Justice Com eggs and Associate Judges
Wootten and Houston on the bench.
ID mediately after the opening the jury
In the oase OF Russell va. Bagan, were
charged BY the Chief Justice and re-
tired at 3 80.
The case OF EphraiIn M. Sprague vs.
Oriental Lodge No 13, X. Of p, was
again taken up, and Mrs. Hannah
Pruett, WHO was on the stand when
Court took the noon recess was recalled
and subjected 10 long and searching z
cross-examination which however did
not change her direct testimony.
Thomas Morine was sworn, and tes.
tined that he 10 q member OF Oriental
Lodge and knows Ephraim NJ Sprsgus.
He had never known that the pain
tiff was ruptured until after this tuit
W 70 com menced. SpraRue was in arrears
to the lodge December 80, 1884, but
paid up the latter end OF that month ;
|s nee thon he Mas not paid anything.
The witness had seer the plaintiff on
the street several times, but could not
cay that he was intoxicated.
Peter N. Ste ~ art testified that he is a
charter member of Oriental Lodge and
kno VS. the plaintiff He WAS mem Der
of the relief committee during the EN-
tire time that he was on the lodge. He
visited SpTague the next Sanday after
he WAC reported to the lodge, but as be
was Obliged to work tho ensuing Sun.
day, did not get 10 call on him until the
next Monday. He went to Mrs, Pruett't ,
where he boarded, on that evening, ana
found that Sprngue was not at home,
| but afterwards met him on Eighth
street.
The witness tends the safety gates at
Third strt OF crossing, and on one oc-
casiou 5prague came there TO sse him,
and was go drunk that he could scarcely
talk or stand. The witness saw him
again one Sunday evening at the +.
W. q B. Railroad station, and he was
80 drunk that he almost fell on the wit
negs. When he left the witness he went
over to the European HOtjl, and came
out In o little time, at the q i.ness did
not know whether he had got a drink
or not.
Mark Wilson testified that he is o
m em Der of Oriental Lodge aud knows
Mr. Sprague; he saw him three times
under the influence of liquor, while the
lodge was paying him benefits.
On cross. examination the witness
said that although he had boarded In
the same house with the plaintiff for
four months he had never saw him
drink drop of liquor. Under the
searching questions of Mr.. Loie, the
witness said that he could not conscicn-
tiously swear that the plaintiff was
drunk at the times he saw him, but he
did know that he acted like drunken
man.
Andrew ]. Thompson testified that
he is employed by the Baltimore and
Ohio Re ilioad Company, and 10 men,
ber of Washington Lodge, Knights OF
PythIas. He knows Sprague, aud has
known him ever since he came out of
the army. In 1884 the witness was EN-
ployed by the jackson IL Sharp Com
pAny, and one morning in September OF
that year rs he WAS going to his work
between 6 and z O'Clock, he met Sprague
on Fourth street and scarcely recognized
him, as no was 30 dirty; he looked a.
though he had been rolling In q Goa
yard all night. He was drunk, and
asked the witness for ten cents to gel
his bitters with, and he told him tha
he would not give any man money fol
rum. 6prague told the witness that hi
intended to sue Oriental Lodge for his
benefit, and the witness advised him
| to make his case known to the Grand
Lodge. He had seen sprague under the
Influence of liquor several times, bu'
could not tell when IL was; he had beer
1 In saloons with him and raw hin
Idrnnk.
William Scrafton testified that he Is
matchmaker, and carries on business OF
Front street near Justison. He is
member Of Oriental Lodge and is wei
acquainted with Sprague; he saw him II
June, 1884, in Brady's saloon, 80 DRUM
that he fell Off chair, and the witnes
told him he did not think he was acting
right as member OF the order. He tol'
several members of the ledge what HI
had seen, but did not make the matte
public.
William T. Whitworth was sworn, AM
testified that he is member OF Orlenta
Lodge. He had examined the stubs II
the check book of the lodge aud foun'
that Sprague had drawn S75 from tn
Hodge during the time he was a member
At the time he was sick In June, 1884
the witness was chairman OF the relic
Icommittee and knows that he was pal
1915. The first time he called on him b
found him in bed, but the second au
third times he visited him he was on
lounge, and his actions and appearanc
led the witness to believe that he wa
drunk on both occasions.
As the witness was going to his worl
at jackson q Sharp's one morning befor
Z o'clock, he met Sprague at Eighth an
Poplar streets. and be was then unde
the influence of liquor; he afterwards say
him in front of John Mealey's saloor
land again at Rosendale Park, and o
Iboth OF these occasions he was drunk.
On cross-examination he said Spragu
Twas suspended from benefits and declar
ed off the lodge for iDtemperance, but
| far as the witness knew he was nevt
. notified of that fact, or cited to appear b
fore the lodge and meet the charge. In
witness never saw Sprague drink anythln
Ibu Judged that he was drunk from b
general appearance and the look OF d
ltace. Both times the witness sa
. ISprague on the lounge he smelled liqut
lon his breath. When he saw him In frol
lof John Mealey's saloon, he was leanir
tagainst the house, and the witness WI
@ Ipositive that he was drunk.
On redirect examination the witne
sIsajd that Sprague was invited to appei
lbefore the lodge and state his grievance
II George Hemford testified that he Is
member of Oriental Lodge, and had Inv
ted Sprague to come before the lodge al
Estate his grievances, instead OF going
:, llaw. The witness met him In the stree
: land upon Sprague asking him what
had been declared off the lodge for, to
him for intemperance, and that the m'
e Tier had been reported to the lodge.
Henry Mcconnell testified that he is
Il member of the lodge and knows Spragu
g he had invited him to come up to t
D. lodge and assured him that he shou