Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1902-10-16
SOCIETY WINS SUIT
Court Orders Verdict of Not
Guilty in Case of DR..
Sensibaugh.
END OF AN INTERESTING TRIAL
Judge Holds There Was No Inten-
ton to Injure the Plain
tiff.

OtnerS came TO an emu TINS lHoTlllIiS
in the circuit court by the instruc.
ton of Judge w. ii. Gest to the jury
to find the defendants not guilty.
The case presented features of great
interest to the legal and medical pro-
fessions.
The facts were as follows: DR..
Sensibaugh graduated from the den
tai department of the Iowa State uni
versity in March. 1898. removed to
Port Byron in April. where he opened
an office. At that time the Fraternal
Tribunes. a fraternal beneficiary Sc
ciety. was organizing there subor-
dinate lodge. y charter was issued
to DIR. Sensibaugh and others author
izing them TO institute such lodge.
Takes Obligation
\ meeting was held on May 10,
1898, of members and prosperity,
members, a deputy of the order being
present. and those members who had
not before taken the obligation of
the order were obligated, of whom
DIR. Sensibaugh was one. 1t was then
proposed that the initiatory ceremo-
mics prescribed by the ritual be eX-
emplified. DIR. Sensibaugh was invit-
ed to act the part of candidate and
consented. and part of the initia-
tory ceremony, called the second de-
gree, which was optional at that time
and not now in use by the order, was
proceeded with.
His shoes and stockings were re-
moved, his eyes were blindfolded and
he was conducted about the lodge
room in that condition. After other
exercises he was led to what were
termed Steps of Progress step
ladder of two steps, each about eight
inches high, the top one covered with
a metal plate. He was told that he
was about to be taken through 4
dark valley and was given small me-
tallic object to hold in his right
hand as a lamp to light his way. This
object was an electrode attached to
one pole of n small magneto-electric
machine of which the other pole was
attached to the metal plate ON the
step.
Riding the Goat
At the command to go forward DIR.
Sensibaugh mounted to the metal
plate and there received the current
for about two seconds through his
right arm and both legs, when the
current stopped and he descended
from the steps. His statement w as
that he was shocked and dazed by the
current which he felt pass through
his body; that his arm fell limp and
paraIyzed by his side, and that he did
not remember clearly what happened
afterward.
The ceremony was soon after dis
continued. he was taken to the ante
room. properly clothed and reconduC :
ted TO the lodge room, where he made
a short address. His statement was
that he had a convulsion after he
went to his room that night, and wa:
most of the night; that
his arm was totally paralyZed for Il
year, his bowels and urinary organs
deranged, and he had convulsive seiz-
ures for four years thereafter, in
which he had various symptoms char
acteristic of hysteria, and that nov
his right leg is becoming paralyZed.
but that his right arm is nearly re-
covered.
Brings Suit.
In May, 1900, he brought suit
and the various individ-
uals who were officers of the lodge
and who participated in the eXer
cises, alleging in the first three
counts of his declaration that the de-
PENDANTS negligently subjected him
to a powerful, sudden and secret
shock of electricity, and in the fourth
count that they violently assaulted
him and did the injury. On the trial
DIR. Sensibaugh testified to the facts
substantially as above set forth, but
said he did not see the battery, and
then called DR.. Bierring, professor of
at the state university of
Iowa: Dr. Littig, of the same insti-
tuition, and DIR. a. III. Arp, of Moline,
who testified that in their opinion
DR.. Sensibaugh had been afflicted
with true paralysis of the arm as dis
tinguished from imaginary or hystcr-
zeal paralysis and that it was caused
by the electric shock.
Never Produced Paralysis.
Each of these experts, however, on
REORGANIZATION by States Attor-
new Weld, admitted that electricity
was never known to produce paraly-
sis and that an alternating current
of so milleamperes or less could pro-
duce no physical injury whatever.
The defense, at the close of the
plaintiffs testimony. moved the court
to instruct the jury to return n YER
dict in favor of the defendants, AMI
in the argument made the interest
ing point that the Fraternal Tribunes
being a beneficiary society. all it's
funds were held in trust for it's MEM
bers and could not be used to pay
damages, and hence the order could
not be liable.
The court, in passing on the me
ton. sustained this contention, but
overruled the motion as to the other
defendants. and the case was pro
ceeded with. On behalf of the de-
PENDANTS the battery was produced