Evening journal., 1893-11-28
HOPE LODGE IN COURT.
The Widow of William En-
mons Sues for Funeral Benefits
DELINQUENCY THE DEFENSE LAID

The Court orders Publication Of the
Commissioners' Return In Divorce
suit-wiIIam S. Niles Secures Judg-
ment in Two Foreign Attachment
Cases.
In the Superior Court this morning
jury was drawn TO try the case of
Rebecca Emmons VS. Hope Lodge No 81,
l o o f Harry Emmons, son Of the
plaintiff. represented her, and II II
Ward was attorney for the lodge in open.
ing his case Mr.. Emmons explained to the
court and jury, his relations to the de-
ceased and the plaintiff de said the
suit was brought to recover 500 for
funeral expenses
Samuel Murphey Jr., testified that VIII
/ liam EmmOns was a contributing mem
Der of Hope Lodge There was a charge
Of delinquency, for the non-payment Of
dues, pending against him in the lodge
at the time Of his death. He referred to
| the ledger and said that on
February 90, 1890, Mr.. Emmons was
indebted to the lodge in the sum Of S4 40.
and that on March 70, the deceased owed
forty five cents for dues The last pay
ment was made on March TO- 1890 and
Mr.. Emmons's delinquency was sixty.
five cents at that time The dues had
been paid but not when due
Mrs. Rebecca Emmons, the plaintiff
testified that her husband died on April
| 8, 1890. She said be was in usual health
at the time of his death.
The plaintiff rested and Mr. Ward
asked for a nom suit He said there was
an absence Of proof of the plaintiff as tc
the amount OF indebtedness Of the lodge
TO the widow The proof that
the deceased was q third-degree
member Of Hope Lodge, in
good standing, was lacking, and
nothing to show that he had continued
as member in good standing for six
months, as provided in the bylaws of
the lodge Besides, there was a charge
Of delinquency at the time Of William
Emmous's death.
The court refused to grant the non.
suit
Edwin Hirst, Of Mechanics Lodge
WIS put on the stand and read decisions
of the order which defined "a member IL
good standing Mr. Emmons oh iecteC
20 the admission in evidence Of the diges
aud other books containing lodge deci
sions bearing on the matter.
Mr. Ward said that they were Just a.
binding as the constitution of the sub
ordinate lodge
Judge Cullen said the simple question
was whether Mr. Emmons had compile,
with the requirements Of the constitu
ton The law of the order an,
the decisions OF its officers are moi
the law aud evidence of tue court an'
Mr. Hirst's evidence was ruled out Mr.
Ward noted an exception
Recording Secretary Harry NJ France
I of Hope Lodge, produced the minut
book ard it was offered in evidence
Mr France said that the minutes showe'
that on March 81, 1880. Mr. Enmon
was placed IN the case of the relief con
+ mittee and it would have TO look afte
J linn AS sick man. The minutes %
) April showed that Mr. Emmons died o.
April D and " as buried on April s.
he read the minutes of the lodge show
! ing that it voted the widow overpai,
dues but after a discussion lastin,
s several weeks denied.the death benefits
A donation of $500 was also refused by
vote of II TO 3
Under cross-examination Secretarl
France said he did not hold the office a
P. he time of the action above referred to
/
( So far as he was concerned he knew o
Z 10 charges of delinquency
! William Perkins testified that a mem
{ Der in good standing must be free frou
| indebtedness A -membe- in arrear
cannot receive benefits The case wa
( still on at the time Of the noon adjourn
T | ment.
4 In Favor OF Divorce.
K Judge Ball asked for publication {
y the return of Commissioner Harringto
, in the divorce caee of An. on Skupski v'
s Mary Skupski. The return is in fave
e Of divorce.
e William Hiiles asked for iudgmen
e for want OF appearance in the foreig
8 attachment cases Of ailles q Jones v.
q Ernest S Naylor and William S. Hlle
t VS. Catharine S Christy 1t was granted
!. The amounts will be determined b
n iuries Of inqusltion.