Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-04-26
MITCHELL VS.. THE WOODMEN.

Not for a long time, II ever, has the
circuit court of York county been call
ed upon to adjudicate a more novel
contention than that taken up last
Tuesday afternoon in the suit Of Sam
uel w. Mitchell against the Woodmen
Of the World. The contention is novel,
in that 1t Is believed to be the only
one on record in which secret So
ciety has been sued for injuries al
legged to have been inflicted on can
didate for membership during initia-
ton, and the lawyers are unable to
find in published reports any rulings
that are calculated to serve as prece-
dent for the guidance Of the court. Be.
sides all this, the actual facts In the
case, including the circumstances In
connection with the origin Of the suit
and the respective claims Of the plaint-
iff and defendant, have heightened the
local interest. There was much in the
testimony that is absolutely imprint
able; but at the same time 1t Is prob
ably possible to tell the story in way
to give the reader Of reasonable intel
ligence all the information he cares to
have without special oftense. j.,
The suit was brought by the plaint-
iff to recover $25,OOO for damages al
legged to have been sustained by the
plaintiff while being initiated into the
order Of the defendant, on the night
Of March %, 1901. The plaintiff claim
ed that he had applied for admission
as a sound, healthy man, and that as
a result Of his treatment during initia-
ton, he sustained physical injuries to
his person that could not be counter
balanced by any amount Of money.
He set forth that because these inju-
ries were caused by members Of the or
der of Woodmen Of the World, the
whole organization should be held re-
sponsible. In reply, the defendant con-
tended, in the first place, that the
plaintiff was not injured in the man
ner claimed at the time alleged; that
If injured at all, it was as the result Of
illness many years before. Even II he
had been injured at the time and place
claimed, it was held that the injury
was the result of acts of certain Wood
men, as individuals, without authority
or sanction, and in disobedience Of the
instructions of the sovereign camp Of
Woodmen of the World.
The plaintiff was represented by G..
w. S. Hart, Esq, assisted by Major
James F. Hart, and the defendant by
Finley & Brice, assisted by H. c..
Braun, of Omaha Nebraska, general
counsel for the Woodmen Of the
World. Mr.. Braun was here only in
an advisory capacity and took no act
i've part in the conduct Of the defense.
Mr.. G. w. s. Hart conducted the Ill
rect examination on the part Of the
plaintiff, while Major Hart conducted
the cross examination. Mr.. Brice d.
rected the defense, being assisted by
Mr.. Finley in direct, cross, re-cross
and redirect examinations as occasion
seemed to require.
In opening their case, the plaintiff
put up as their first witness, ]. c. Root,
of Omaha, Nebraska, sovereign COM
mander of the Woodmen Of the World.
Mr.. moot gave his testimony in a
unequivocal manner,
and established the points that were
desired Of him. He fixed the relation
Of the subordinate camp at Hickory
Grove to the sovereign camp, testify
ing that the Hickory Grove camp was
in good and regular standing at the
time of the initiation Of Mr.. Mitchell
as we'll as now, identified Mr.. Mitch
ellis certificate Of membership, gave
an approximate statement as to the
of the order Of which he
Is the head, and stated that an emer-
gency assessment of 20 cents a men,
Der would raise an aggregate Of be-
tween $32, 900 and $4,000. He identified
the constitution and bylaws Of the
Hickory Grove camp as belonging to
the authorized ritual Of the order, and
stated that the use Of goat riding"
as q side degree was not only unau-
but forbidden.
Rev. j. L. Oates and Mr.. w. B. Cas-