The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-21

Judge John r. Kelly, presiding In the
main court room, was occupied most
OF yesterday in the trial of the case
of Fnos FLYNN against the Father
Witty Young Mems Total Abstinence
and Benevolent society, which Is an
appeal by The society from Judgment
for $50 given the plaintiff by Alderman
Edward Fidlcr.
The plaintiffs son. Mathew Flynn.
Joined the society in 1872. and paid
his dues regularly until July %, 1897.
December II, 1897, he died, and his
father made claim to $50 death bene-
fits. which the society covenants to
pay the beneficiaries of a member VINO
Is in good standing at the time or his
death. The society refused to pay the
claim. alleging that young Flynn was
not in good standing when he died.
The laws of the society provide that
member shall be non-beneficial II
he is more than three months In ar
rears for dues, or has violated his to-
tai abstinence pledge. The society
contended that young Flynn was made
non beneficial for both these reasons.
When the case came to be tried yeS-
terday. Judge Kelly took the matter
of violation of pledge out of con-
sideration. when the plaintiff showed
that while Flynn was reported Tor
violation, his case had never bean
tried to final determination by the
investigating committee. as the by"
laws of the organization prescribe.
This left the defense to rely entirely
upon it's ability to prove him in ar
rears for dues more than three months.
WHITE ON THE STAND.
James r. White, who was financial
secretary OF the society in 1887, was
the principal witness for the plain
tiff. He admitted that in September.
1897. he accepted 81 from Enos Flynn.
father OF the member, which was ten
dered to him in payment of the said
dues. He knew at the time that young
Flynn had been reported for violation
and supposed he had been expelled,
but he did not want to let the father
know of his said violation, so accepted
the money, expecting that young
Flynn would come in soon and renew
his pledge and then everything would
be all right. This dollar would put
young Flynn in good standing. as it
would pay his dues to within two
months and half of the time Of his
death.
When the claim was presented TO
the society in February, 1898, an in
vestiga ton was made, and it was dis
covered by the society':s president,
Richard A. Maloney. that the finan-
cial secretary had made what appeared
to be irregular entries of the dollar
paid for Flynn's dues.
On the day book it was crowded in
at the top of the page, under date Of
Dec. .. 1897, and that this date had
been erased and September suhsti-
tuted for December. 1t was also seen
that the footing, $40. which cores
pOnded with the treasurer's receipt.
was 81 less than what it actually
footed. A corresponding discrepancy
appeared in the ledger account.
CONTENTION OF DEFENSE.
The contention of the defense was
that the dollar was not paid. or it
paid, was not paid until after young
Flynn's death, and that Secretary
White permitted himself TO become a
party to the manufacture OF evidence
to bolster up the Flynn claim.
The plaintiffs argument was that
anything Secretary White had done in
the way of Juggling his accounts
was very likely done to protect him
self against censure for having uc-
cepted-out of goodness OF heart-the
dues rendered him by young Flynn's
father when he knew the son was
reported for violation. All the plain
tiff mad to show, it was claimed, was
that the dues We're preferred and ac-
cepted and that the acceptance was
by the proper official. The official
himself having admitted this, there
was no question as to young Flynn
having been in good standing when
he died.
In charging the jury, Judge Kelly
said the case was one of extreme inl-
portance, because Of it's affecting so
many similar societies, and asked that
it be given thorough and careful con-
sideration.
Richard j. Eeamish and A. a. Vos-
burg appeared for the plaintiff, and
L. C. Newcomb for the society. The
jury retired at o'clock anu was still
deliberatins at adjourning time.
BINDING INSTRUCTIONS.
In the case of the North End 1.uni-
ber company against Thomas f. DON
lin. defendant. and Morgan Sweeney,
garnishee, Judge Kelly gave the jury
binding instructions 10 tind for the
plaintiff and against the defendant and
sarnishee in the sum OF S2S6.a6. The
controlling question in the case was
whether or not the 5000 in the gar
nishee's hand had been eaten up by
the S. day penalty to which the
contractor subjected himself by failure
to complete the building within the
specified time. There was Il delay of
eighty days. and this, ut S. a day,
would more than cover the balance the
owner, McSweeney was owing the
contractor.
Judge Kelly decided that where the
actual damage can he ascertained, as
in a case of this kind, the full penal
ty Is not to be imposed, no more than
would bondsman in the sum of S10,-
900 be called upon to pay the full
amount of the bond, where the party
for whom the bond was given was only
500 in default.
The actual damages We're fixed at
$55 and as this still left enough liable
money in the garnishee's hands to
meet the Judgment which the plain
tiff had secured against the contrac-
tor, verdict for tho full amount was
directed to enter against the garnishee.
A. A. Vosburg was attorney for the
plaintiff, and Hon. John e. Qulnnan
for the defense.
AN ABRUPT ENDING,
The case of John l.. Harris and
nf