Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-23
DELAWARE LODGE WINS.
The Court Refuses 10 Grant N0n-sutt h
the Appeal Cases.

The Jury in tina Superior Court caHe
of Louis and Ellen Lnuth W.. John
Thompson, all OF New Castle wan dis
charged al 3 O'Clock yesterday week,
having beHn out for 80 bours, because
it was unable to agree upon verdict.
1t is reported that about 80 ballots
we're taken, all standing eight for the
plaintiffs and four for the defendant.
The Jury was discharged at it's own
request.
The appeal case of Delaware Lodge,
/. y. D. f., d. b. a., Va. George MI
mon, y. b. r., waa put on trial before a
jury yesterday week. Horace q.
Knowles represented Mr.. Ailmon and
William s.. Hilles tthe lodge. The
! claim is for 5SJ nick heneiita, which
the ludge ia alleged TO have refused TO
pay. Mr.. Alnun testified that he had
heen a member Of the lodge for more
than so years. lie had been paid soma
sick bunetita, but said that members of
the relief committee had told him thnt
the lodge. had decided to allow him
no more sick benefits in the future.
George S. Allmon, son OF the plaintiff,
| testified that members of the lodge told
him his father was we'll oil and could
get along without the money, whereas
the lodge was in bad circumstances.
DIR. Leonard Kittinger testified that
Mr., Allmon was suffering from rheuma-
tism of the chest and heart at the time
he claimed haneGts.
After the plaintiff closed, Mr.. Hillss
moved for a non-suit on the ground that
Mr. llnon should have first appealed
to the Grand Lodge before bringing
| suit.
Settlement was announced in the case
Of Sewell Vs. Wilmington City Railway
| 10.
Upon the application of Messrs. Bird
and Sanborn for the defence an order
was made removing the damage case of
Catherine \. Dougherty va. receivers
| of the Baltimore Il Ohio Railroad Go.
to the United States Circuit Court for
the District of Delaware. The defence
claimed that the right to remove the
csse OIL the ground of the non-resi-
dence Of the defendant. John Biggs
represents the plaintiff, who sues to
recover damages for the death Of her
husband. William +. Dougherty. Mr..
Dougherty lost his life ON Christmas
evs last year at the Union street cross.
ing when the Water Witch Fire Co. g
hose cart was run down by train.
I
Wilmington City Railway Co. was to
have been tried before special Jury
beginning on Thursday, but Messrs.
Knowles nnd Hartman, for the plaintiff.
muvnd for postponement. MIR.
Knowles stated that DR.. Van Lennep
of Philadelphia, material witness for
the paintitf, was not present and ro-
lated that DIR. Van Lennep had heen
| st,F I'm ha h.N trn n
before ne could 90 on the stand in the
case. This had put the doctor out.
Mr.. Knowles understood that the doctor
had received word through the de-
PENDANT. Willard Salisbury, for the
defence, declared that he understood
that Mr.. Knowles himself had con-
veyed to DIR. Van lIonnep tho notice as
to being troubled should be appear as
a witness. Mr.. Salisbury denied that
the city railway people said anything
on tho subject, go fur as he knew. The
attorney was willing that the doctor 8
testimony be taken by commission.
The court granted posipouement
until Monday, January 3d. Chief
Justice Lore announce that hereafter
attorneys must lay the legal grounds
only in applications before the court
and must not introduce personalities,
as such would hurt the courteous feel
ings which should exist among men,
bers of the bar.
At the afternoon session the court
refused to grant non-suit in the
appeal case of the Delaware Lodge, l.
o. o. +, vs., George A llmon, and Will
liam S. Hillss for the lodge, which was
the defendant below, put in hiB evil
dence. George II, Taylor, secretary Of
the lodge, said thut the relief com
mittee bad reported to the lodge that
Mr.. lmon should no longer receive
benefits and the report was accepted.
G.. NJ. Lowe and i. G. Price testified
to similar effect. Friday argument was
made befure the jury and Chief Justice
Lore delivered the charge.
The court reaitirmed the law with
regard to such cases. stating that when
a lodge is going to drop brother from
the care Of the lodge, tine lodge should
notify him. IL he gets notice he must
exhaust all of his remedies by way oi
appeal within the lodge before be
resorts to the law; because he has sub
scribed to the bylaws and methods oil
appeal by becoming a memher.
The Jury returned a verdict in favor
of the lodge, which decision feyerses
that of the justice of the peace, who
had given judgment in favor of Mr..
Allmon. Messrs. Hartman ana Knowles,
for Mr.. a llmon gave notice OF an appeal
Judgment was confessed for Sl0U il
favor of the plaintiff in the case o.
Listers Agricultural Chemical Works
Va. John e. HumeA.
The general Jury was discharged from
any further attendance at this term. Il
has been one of the most expensive
sessions, with regard tn iurors' pay, in
the history of the court. Usually G
jury sits about 10 days. This one haI
averaged 10 days.
The jurors ara paid 81 a day ant
mileage at the rate Of six cents mile
one way. The checks given out by
Parliamentary Wonlley run from S36 t
SSS, and aggregate Si,7s5.
Argument was made before Superio,
Court Friday afternoon on exceptions
10 the award of referees in the case o.
Mary Chandler vs.. Richard 3. Duncan
executor. William S. ililles renresen Toe
the plaintiff, and Walter II. Hayes the
defendant. The award was So. ego. The
court dismissed the exceptions and tht
award stands.
Upon the application of Deputy At
torney General Peter L. Cooper, Jr.,
a capias returnahle forthwith was
issued for John Hannigar. who is undel
indictment for highway robbery. A
continuance until the February tern
had been granted on the ground O
/, diphtheria in Hsnnigan's family, tu
,, his bail bond had not been renewed
His mother Bridget ,Hannigan, was biz
security. The bond was declared for
feited and capias was issued: