The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1893-05-23
Gourf.


day, in trying the appeal of Pocahontas
Lodge of Red Men, Mount Holly. The
case was originally tried before Justice
Flynn, of Bordentown, who gave verdict
in favor of George M. Bennett, the plain
tiff, who sued to recover sick benefits. In
September, 1891. Bennett was taken sick,
and continued so for 20 weeks In Octo-
Der, Bennett sent to the Tribe physi-
clans ertificate on the illness, together
with check for dues.
The secretary of the Tribe wrote to Ben
nett that he would receive his benefits,
but was told he should report himself to
Trenton Tribe This order was complied
with, but the secretary of the latter or
ganization informed him the home Tribe
had sent word that he was in arrears for
dues.
Two members of Pocahontas Tribe Wis
tied Bennett during his illness, each CIV
ing him $40, saying it was from the Tribe.
The Trenton Tribe gave him $3.50. but
could not say whether it was benefits or
refunded dues. Bennett would not receive
| it.
Finally Bennett visited the Grand Sa-
chem, related the facts. and was told he
had no case. Then he appealed to the
law The whole case hinged on the ques-
ton whether Bennett was in arrears for
dues when taken sick.
On the part of the Red Men, Walter A.
Barrows argued that as Bennett had al
lowed himself to become three months in
arrears he was not entitled to sick bene-
fits during the sickness in question. He
said the fact that Bennett had sent the
Tribe $3.50 for dues at the same time he
sent them word that he was sick, and en-
closed physicians certificate was posi-
tive evidence that Bennett knew he was
in arrears.
For Bennett, w. Holt Apgar, Of Tren-
ton, contended that he was not in arrears
and that in accepting BENEFITS dues the
Tribe virtually reinstated him and that the
Tribe was bound by the act of its secretary
in sending Bennett word that he was all
right on their books and would receive
his benefits. The Court took the papers
and reserved its decision.
On Monday morning application was
made to have revoked the wholesale Ii
cense to sell liquor, which had been
granted to James M. Brennan, of Stan
wick.
Mark R. sooy and George H. Pierce
represented the applicants, Prosecutor
Budd appearing for Brennan.
The applicants presented an affidavit
setting forth that Brennan had violated
the law by selling liquor in small guam
titles and to minors.
Mr.. Budd objected to the affidavit on
the ground that it was defective. One of
the petitioners having sworn,the other two
being affirmed. Mr.. Budd's point was
that the affidavit should have contained
the statement that the two latter were
"conscientiously scrupulous of taking an
OATH" but this being omitted the affidavit
was of no value.
Mr.. Sooy held that the affidavit, by its
own language, "were duly affirmed" was
sufficient evidence that the persons
whose signatures were affixed to it had
made the proper declaration But he
would not stop there. The persons
themselves were in the room, and could
soon satisfy the court on the point, and If f,
there was any doubt be would ask per-
mission to produce them.
The court retired for consultation, and
on returning announced that it did not
care to dismiss the case on the grounds
presented. Mr.. Budd then asked that
the case be dismissed because the COM
plainant could not prove the facts set
forth in the petition as that paper did
not specify the acts complained of. While
it did so in a general way, Mr.. Budd
claimed that the specification must be
special.
Mr.. Sooy's reply was that the law on
which this petition was based did not
require definite specifications. The court
could hear testimony on all the points
contained in the paper.
The court decided to hear the evidence,
and then Mr.. Budd informed the court
that he did not purpose to contest any
further. and withdrew all objection to
the reyoking of the license.
The rule 10 show cause why the license
should not be revoked was made abso-
lutte. Under this decision Brennan Is
debarred from applying for license any
where In the state for one year.