The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-17
Special Verdict of the Jury
in the Mcdonald
Case.
ARGUMENT OF COUNSEL
An Appeal Taken on Exceptions to Judge Pee
bles' Charge and Alse 10 Some Of the
Evidence---.The Other Cases
Continued.

The jury yesterday evening just before
court adjourned found Charles c. McDon-
aid guilty of intent to defraud the Su-
preme Lodge of knights of Honor.
This is the issue submitted to them and
which they answered yes" Did the de-
from members of the Oak City Lodge, No.
419, with the intent to defraud the Su
preme Lodge?
This special verdict was drawn by Judge
PEBBLES as follows:
BY consent the jury returned the fol-
lowing as a special verdict, to-wit:
'At an informal meeting of a minority
Of the members of Oak City Lodge, No
41s. the defendant, Charles c. Mcdonald,
was irregularly appointed financial report
er of Oak City Lodge in 1895 and assumed
the duties of said office and acted as
such until June, 1901, tnat j. A. Jones was
elected treasurer In the same way as de-
fendant was elected financial reporter and
for a part of 1895 acted as such but
never had any communication directly
with the Supreme Lodge. For several
months defendant came to said Jones with
the cash and got checks and forwarded
them to the Supreme Lodge
This was done for a part of the year
1896 and after that time no one acted as
treasurer of said Oak City Lodge and
from them said defendant collected the
assessments made by the members OF
Oak City Lodge and remitted them direct
ly to the Supreme Lodge until the May,
1900, assessment. After April, 1900, he
continued to collect the assessments made
by the Supreme Lodge by the members
OF Oak City Lodge, No. 4l9, up to June,
1901, and placed the same to his individ-
ual credit In the Commercial Bank and
drew it out for his Individual use-this
amount was about 81 200. Defendant paid
nothing TO the Supreme Lodge after the
April assessments for 1900. Defendant was
never lniated into the lodge and never
gave bond as finaniial reporter. Abou.
July 26, 1901, defendant borrowed the
money from the National Bank of Raj
eigh and paid back to the members of Oak
City Lodge, No. 419, the said assessments
collected and not paid to the Supreme
Lodge. without interest, upon orders a
copy of which is as follows, to-wit:
Raleigh, n. c., Oct. 90, 1909
Mr. c. H. Belvin, Please pay to N. b
Broughton thirty three dollars being full
amount collected from him for Supreme
Lodge, knights of Honor, not forwarded
to them, thus in full of all claims on Su-
preme Lodge or on me as Financial Re
porter of Oak City Lodge. No. 419.
c. c. Mcdonald, F. r.
c. c. MCDONALD, f. R., No. 419.
"A letter from N. B. Broughton dated
July II, 1901 to defendant marked exhibit
is made part of this verdict.
1.-TWO payments were on papers marked
exhibit &C. and d. The money was not
in full. but in bank to the credit of Oak
City Lodge, No. 419. lThese are receipts
for money paid to members on order of
j. A. Jones, signed as Late Acting Die
tator md addressed to C. G.. Mcdonald
paid out on an order on c.. Fl. Belvin
by Mcdonald
Any part of the Constitution, charter
and eneral Laws contained in exhibit "A
selected by State or by defendant may be
considered as a part of this special.
''About twenty members of Oak City
Lodge, No. 419, were issued policies, a
copy of which is hereto attached marked
exhibit e and the said assessments were
made on these policies monthly up to the
time of the suspension in June, $780, by
the supreme 1Ouge NOtiHcdtioH VI bh'
assessments was made by a published jour
nal issued by the Supreme Lodge and a
copv marked to the Dictator. Reporter
and Financial Reporter of each Subordi-
nate Lodge.
s.When asked why he did not send tbs
assessments TO the Supreme Lodge defend
ami said he did not remit them because
he got in a position that he could not.
The court continued the hearing In the
Mcdonald case at its morning session,
wherein Mr.. c. C. Mcdonald was charged
with collecting assessments from the mem
bers of the aRleigh Lodge knights OF
Honor and failing to remit these TO the
Supreme Lodge, with fraudulent intent.
On wednesday afternoon the testimony
of Mayor A. NJ Powell and Mr.. r. II
Bradley had been taken and when the
court closed it was with the understand
ing that Mr. N B. Broughton would take
the stand yesterday morning.
But Mr.. Broughton was not put on, Tor
as soon as the court began its session
Judge PEBBLES took hand. He sent the
jury from the room and then said to the
attorneys:
I've gone far enough into this case to
satisfy me that it is uestion of law to
be decided. 1t is agreed that Mcdonald
was made the Financial Reporter at an IN
formal meeting, that he accepted and acted
and that the assessments for some time