Amador ledger., 1900-02-23
A BOND SUIT IN COURT
B. R. Breese ct al. VS.. s. G..
Spagnoli ct al.
THE KNIGHTS OF PYTHIAS BROUGHT THE ACTION
The Late ]. P. Thomas, Former Treas
urer of the Lodge Causes the
Present Litigation.

The case of B. r. Breese and James
E. Dye Jr. against S. G. Spagnoli and
Andrew PerOvich was tried in the
Superior Court during this week This
is case where the plaintiffs represent
Rathbone Lodge, No. l66, Knights of
Pythias, and the case was brought to
recover $1439. 73 from the defendants
as bOndsmen of J. P. Thomas, the
Treasurer of the Lodge.
The case came up before Hon. r. G.
Rust for trial, F. j. Solinsky and Wm
j. McGee appearing as attorneys for
the lodge and D. B. Spagnoli, A. Cam
inetti and Neil A. Macquarrie for the
bondsmen.
The first witness for the lodge was
Fl. Schaffner, the Grand Secretary of
the Knights of Pythias. His testi-
mony was taken some time ago and
consisted of identifying the grand con-
stitution, constitution of subordinate
lodges and the charter of Rathbone
Lodge, which were admitted in evil
dence.
Tuesday morning James Bennetts
was called and identified the bylaws of
the lodge. B. r. Breese was called
and kept on the witness stand for
about four hours, he being the main
witness for the lodge. His testimony
in substance was about as follows:
That he was one of the plaintiffs in the
action and had been authorized to
bring suit by resolution passed by the
lodge, and also as successor in Office to
William Sobey, the Chancellor Com
mander, in whose favor the bond
was made payable. He has been a
member of the order since 1896, and
has acted as Recording Secretary dur
ing all the time since then, with the
exception of six months during which
time he served as Chancellor Com
nader or the presiding officer of the
lodge. He then produced bond with
the defendants on it as sureties for j.
P. Thomas as Treasurer for $1,000, for
the term commencing July /, 1885, and
ending December 81, 1898, or until his
successor was installed. The bond was
presented and approved by the lodge
on September %, 1898, with the under
standing it would be sworn to on the
next day; this was done and the bond
had been in his possession ever since.
He then produced the last report made
by Thomas, showing the amount of
money on hand at that time. AS sec
retary he had also kept an account as
check on the Treasurer; this was ad-
mitted in evidence as it showed the
amount due the lodge to be $1439. 73.
On cross-eXaminatiOn he testified that
at the beginning of the term Thomas
presented bond with p. Dwyer and
NJ. Newman as sureties on it, and it
was accepted by the lodge. On Sep
tember %, 1898, these bondsmen ap-
piled to the lodge to be released and
that Thomas then presented a new
bond covering the full term for July l,
1898, with Spagnoli and Perovich as
sureties, and Dwyer and Newman were
then released. No report was made by
Thomas at that time, as the new bond
covered the full term and the lodge had
his report for the commencement of
the term. No demands were made that
he knew of on Thomas from January
lst to 18th to pay over the funds, and
that Thomas was sick nine days before
he died, part of the time in bed; when
he died he was up had his clothes on
and was seated at a table eating his
supper After he died the lodge ap-
pointed a committee to examine into
the affairs of the lodge. The COM
mittee called upon Ruel Parker, F. w.
Parker and Mrs. F. w. Parker, and
they knew nothing about Thomas af-
fairs, except the conducting of his
store. Thomas had told them when
the time came to turn over the funds
to the lodge the money would be on
hand. The committee also interviewed
Henry Eudey and F. Eudey, and they
had no moneys in their possession be-
longing to the lodge and Thomas bank
account was Overdrawn.
The lodge held number of special
meetings and passed resolutions author
izing George w. Brown to make de-
mands on all persons and take all neces-
sary proceedings to collect the money
of the lodge.
George w. Brown was called and
identified Thomas cash book showing
the entries in his hand writing, and
also presented copies of certain de-
mands made by the lodge on the special
administrator, bOndsmen and public
administrator. He also presented
claim against the Thomas estate, which
had been allowed by the public admin
istrator for $1439.73.
F. NJ. Pence and William Sobey
identified certain receipts and the bond
On the defense S. G. Spagnoli was
called and stated he had signed the
bond on September 23d. His attorney
asked if he intended going on the bond
from July l, 1898, or from September
23, 1898. This was objected to by the
plaintiffs and the witness was with
drawn.
Andrew Perovich testified that he
had signed the bond, and that George
w. Brown read it to him before it was
signed; that the installation of the
newly elected officers had been post
poned until January 9th, so as to have
a joint Installation and banquet with
the Rathbone Sisters: that after
Thomas died there was 1.50 on hand
and not enough money to have time
with the Sisters.
b. X. Breese was recalled for the de-
PENDANTS and presented certain reports
made by Thomas as Treasurer prior to
June 80, 1898.
VIM. White aud Geo. w. Brown
were called and stated they had not
counted the money in Thomas hands
while acting on the Auditing Com
mittee.
William Sobey testified that he had
1fNf ann f.D1 H.