Evening journal., 1897-12-16
TO THE CIRCUIT COURT
DoughertyCase Removed From
the Superior Court.
ALMOND VS.. THE ODD FELLOWS
ONE CASE CONTINUED AND AN
OTHER DISCONTINUED-COURT
WILL ADJOURN FOR THE HOI1-
Gays ON SATURDAY.

LA > ON SAl OHNlAl.
The Louth-T Thompson jury remained
out until o'clock last evening, and
during the thirty hours of deliberation
took fifty ballots without being able to
agree. At the time above stated it
came into court and Chief Justice Lore
discharged the jurors at their own re-
quest, the court saying that it had no
desire TO punish them further. From
the first ballot the vote stood eight for
the plaintiff and four for the defendant.
The appeal case of George Almond
VS.. Delaware Lodge, /. O. o. F., was
taken up and a jury drawn to try 1t.
The plaintiff was the first witness. He
said that his claim was SS1 for sick
benefits which the lodge refused to
pay. Mr.. Almond said that he had
been a member of the lodge for over
fifty years Some of the members of
the relief committee went to his house
and brought his check, and told him
that the lodge had held meetingl and
would not pay him sick benefits there
after.
The plaintiffs son, George S. ALI
mOnd, testified that some Of the mem
bers of the lodge called on his father
and he had a talk with them before
| they left. They told him that his
| father was well Off, that the lodge was
in poor financial condition and that his
| father could get along without the
money a good deal better than the
/ lodge could pay~it. They also stated
that they did not think he was sick
enough to be on the lodge, as he had
been seen sitting at the window read
| ing and also out driving.
DR.. Leonard Kittinger, the family
| physician, stated that the plaintiff was
suffering with rheumatism of the chest
and heart when he claimed benefits
from the lodge.
William S. Hilles, attorney for the
lodge, asked for a non-suit, claiming
that the plaintiff should have appealed
his case to the Grand Lodge before
bringing suit in court of law, and was
citing authorities when adjournment
was made until this morning.
AS a result of its visit to the New
Castle Jail yesterday the grand jury
will make q report to the court recon-
mending that the Jail be enlarged, and
that a new cook room be provided apart
from the main building.
The case Of Lewis VS.. the Whining
ton City Railway Company went owe
until next term, although the specia
jury had been struck for the trial. Har
man & Knowles asked for a postpone
ment and Willard salisbury, Jr., sc
cured a continuance.
This morning argument for a non-sui
was resumed in the case of Allmon
VS.. Delaware Lodge, /. o. o. +.
The case of Catharine Dougherty, ad
ministrator of William T. Dougherty
VS.. the Baltimore and Ohio Railroa
Company was removed to the Circui
, Court of the United States on applica
ton of Levi c. Bird and Andrew K
Sanborn on the ground that the receiy
: ers, John X. COwan and Oscar {
| Murray, were both residents of tn
q State of Maryland, that the b. & o
| which controls the B. & p. RailrOa
r Company, was chartered under th
laws of that state, and that the claii
exceeds $4,000. 1t will be tried abol
the middle of January. John Bige
represents the plaintiff who was kllle
in the Water Witch fire engine smasl
q up at the Pennsylvania avenue eros
;, ing some time ago.
= The case of Sewall VS.. the Wilmin,
!, ton City Railway Company will be di
| continued, a settlement having been G
: fected.
: Court will probably adjourn on Sa
= urday until January 3. On Saturds
II morning all rules. motions and 9th
d small matters not already disposed
a viii be taken up.