Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-02
SUPERIOR COURT.
Tho Trial Of Russell We. Pagan Ends
tn a Verdict for the Defendant :
The suit Against Oriental Lodge,
NOs 3. KmtRhts of Esvthtn.

In superior court, Wednesday altar
noon week, nearly the entire session was
occupied IN arguing the case Of Russell Va.
Pagan. The argument was concluded.
after which the jury was discharged until
~ O'Clock Monday morning, when the
charge OF the court will be delivered.
Alexander u. Cooper, ESD, was granted
writ OF habeas corpus IN the case of
Francis Mccoy, alias big Frank,n
the noted bank burglar, now Imprisoned
IN New Castle jail, and during next week
the prisoner will be brought into court
and the motion for his discharge from
custody argued. Court adjourned until 10
o'clock Monday morning.
When court opened at 10.15 o'clock
Monday morning Chief Justice OJrnegys
announced that he, would not deliver the
charge in the case of Russell Va. Pagan
until afternoon on account of the absence
OF Judge Wootten, who was expected upon
the noon train. The jury were therefore
charged until 8 O'Clock in the afternoon.
The case Of j. M. Howell Il Go, va
Martin Alsburg, was next called. Mr..
higgins, for the defendant, said he was
ready, but MIR. Lore, for theplaintiff, said
the case would be discontinued, as 1.-THE
game was not worth the candle"
The case OF EphrRim NJ. Sprague VS..
Oriental Lodge, No. 10, Knights of
Pythias, of this city, was next called and
q jury drawn. Lore q EmmOns for plain
tiff, and Bird and Sanborn for defend.
ant. This is q suit TO recover benefits
the plaintiff claims to be entitled to under
the bylaws of the lodge, of which he
was member, during his sickness, which
lasted from June 18th, 1884, TO June 22d,
1885, amounting in all to $265, at So per
week, with a credit of $40 for two weeks
benefits, which have paid.
The recorded copy of the lodges act of
incorporation WAS offered in evidence,
and then the plaintiff, Ephraim M.
Sprague, was called to the stand. He
Bald he had been charter member in
good standing of Oriental Lodge, No. 10,
X. of Z. He suffered from rupGure in
June, 1884, while in Delmar, and soon
afterwards came to Wilmington and re-.
ported himself to the lodge. He was also
attacked about the same time with chronic
diarrhua. The lodge committee visited
him for two weeks, and paid him bene-
fits for these two weeks. From the effects
of the rupture he was unable to continue
his usual occupation for over year, and
still suffered from the trouble. DIR,
Draper performed an operation on June
22d, 1856, which relieved him greatly
He kept himself in good standing with
the lodge, up to the time of bringing the
suit for the benefits the lodge refused OF
pay.
On orosB-examination the witness stated
that during the first four weeks no was in
Wilmington aftor his sickness ne occa-
sionally took liquor as stimulant, but
was never intoxicated. These four weeks
were spent at the boarding house of
Mrs. Pruitt, on Pine street above Eighth.
He denied having met Andrew j. Thomp-
son on the street and asked him
for 10 cents to get a drink Of
whisky with. He also denied number
of other questions relative TO his having
been intoxicated on various occasions
during 1884 and 1885. He said that as
far ms he could remember he had never
received any other benefits from the
lodge except the $40 above mentioned.
George u. Guthrie said Mr.. Sprague
was q member of Keokuk Tribe, |. o. II.
NJ, and was reported sick on June 18th,
1854. Witness visited him, as member
Of the visiting committee, and found him
sick in bed. He kept up his visits regu.
larly until August 7th, during which time
Sprague was suffering from diarrhGa, but
said nothing about the rupture. lie was
unfit for work all the time that witness saw
him. Witness also saw Sprague ont the 7th of
November, 1884, and found him suffering
very much. His huiferings continued
until the operation was performed by DR..
Draper During all this time witness never
saw Sprague under the influence of liquor.
The plaintiff here rested, and MIR. Bird
said the defence would be that the plain
till, during all the time he placed himself
on the lodge, was in state of into1ica-
ton, aud that the by-lawa OF the lodge
prohibit the payment Of dement's for sick
ness produced by intoxication; ALSO, that
the plaintiff was more than three months
in arrears with his dues, which also cut
him out of dues, according 10 the bylaws
John p. Edwards, o member of Oriental
Lodge, said that Sprague was reported to
the lodge as being sick, and, as mem.
Der of the relief committee, he went to
him at Mrs. Pruitt's house, but he waf
out. He next met him on the street, and
Sprague said he was little better. He
afterwards met him eight or ten times
during the next three weeks Once
SpIngue called to see him Mt the Pusey n
Jones Company's works, but was tight
smelled of liquor, and looked AZ thougl
he had been out AL night. During these
three weeks Sprague never mentioned
anything about his rupture. Every TIME
witness saw him Sprague was more OF
less under the influence Of liquor.
Mrs. Anna Pruitt testified that MIR.
Sprague came to board at her house abou,
the middle of June, 1854, and stayed
there four or five weeks. During thu
unie ne WAS very niuon uLuet - -
ence OF nqlor. Inc nrst Datu'u"y l"Su
he came home drunk ana had Doltle u
ljuuor in his pocket During the follow
inv week he came home one night terribl.
intoyic.tsd
4. 10 EE a,,Iool, oo,,rt o6innrnad INIT
n -; ~ =. = ~. ,a.o.,,a,o,,
O'CLOCK 10 the hIlerhooh. -
Judge WoOtten being present ~ Tn
afternoons session OF the superlo
court, thus making full bench, Chic
.Tnetica T,omavva eharpsd the Jury in tn
cosa ~ RnsseIi W Pagan. This bein
oooe y, N 'Its.. 70 AZ. Gt.te an
an enilfely new caSe ~ 'a ,tas So ~ -.
one Of great lntereSt, 'he ohhise 10 "oi>
with published IN tuil
This action is brought by the plaintiff I
recover from the defendant damages to tn
extent Of $500 for the breaking OF ona
the mind legs of the plaintiffs mare, whil'
sha 1vas in the defendant's stuble In Wi
mInwtnn
~, .t.,aa,, ~ the stata
Ine pltin!uu y r ~ IandenberS
fehlayiNanih, resi S ~, :" SaFanSant NJ m
Shosler souliy, anu .aio end yet il n cou
lIle VI wv uirao ~ vi saansr at Ire siy
Mou innlheoP93t VI ~ 81 oitg IN the ia
~ INC Mit IT, ~ the Incident the plaintiff