The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-05
Important Life Insurance Case.
fFrom thu Albany Atlaa NV At

which has occupied the Circuit Court nos In session
here terminated yesterday in verdict of sil3TT for
During The splng Of 1850 Gerhart Walton and Daniel
Msrtn were partners In the liquor business Of the city Of
Albany About the ls Of May, 1850 Martin negotiated
insurance upon the life Of Conradt schoonmaker
porter in the store Of Walton and Martiu for $40
the m'ums to be paid quarterly during the lifetime OF
schoonmaser, who in the application FOR the policy was
deecribd ss merchant The policy bears date Msy II,
seth OF May, 1850 the parties Walton, Martin, and
schoonmaher entered into written agreement to
eecs nIsiness ns 90 partners THE agreement stated
the capital which they each had in the copsrn
should remsin n the concern for the benefit OF the
pernt and their legal representatives Schoonmak
the time agreeing that should he ds the o
bis life policy should remsin in the the boasGt
! About the first Of September 1850 Schconmsker went
to New York and put up at the Shakespeare Hotel On
| the fourth he accompanied Charles Gilman who
ths porter FOR the partnership fm In small boat
which they procured for the purpose Of going hshng
thsg .srsa to as nsa Den h o% %s
short 6itsncs schocnmaier proposed change places
in the boat They both arose schoonmaker tskon
Schoonmaker was drowned 0ltmsn 20. back into the
boat stay the spot whse tho boat upset until
huppened and requested him to take charge of
| when he went away Next day Gilman put notice Of
the drcw ming IN tho New York Sun On the Tth Sept
sody floating down the river opposite Jersey
City The Coroner had brought ashore the nps he'd
on On the Goth it dsintsrred in the presence OF
Gilman and Martin. Gilman recognized the body
that Of schoonnaker The handkerchief being the half
OF square correeponded with another produced
fcid IN the possession Of vaitcns family The pauta
Icons were recognized rs those worn by schoonsker,
| Gilman WAS arrested and examined complaint
sgssst him for causing the death OF Sohoonmske but
vas discharged
After the alleged death of schoohraeker Solomon M
Park took out letters Of administration. and demanded
| pay ment Of the policy, which refused
Sometime in 1851 Martin assigned his ;nteree in this
policy to Amos Adams and after left Tor Germany
| after which Walton ant Adams need tbis suit
Two sums Of SOS rs had been paid on tbs policy being
/ n 1mM ia
articles embodied the usual declaration any raudu
lent or untrue statement would annul the policy.
The prncpal witness Of the death OF SchooDmaker
Chasles Frederick Gilman, left the city and the state
and went to Wisconsin, to Michigan city, to Lepo-te
Ra-osd the South Railroad the Lap,r Plankroad aud
was at tine time Of his examination in Laports indiana
e swore he nad snown an the parties 10 Germsny haa
known schoonmaAer ovsr twelve yosds ago Was posi-
tive ae to the fact and circumstances OF tue death Wit
neat had been clerk Of court in Germany On first er.
rivng worked on farm on Long Isand Was paid SIS
month by Natcr, Martin Co, and boarded with Mar
tin. Has received wages since from $40 to Sl4
month and sometimes dollar day The defendsut,
offered to pay omans expenses from Indiana 70 this
city and to give him 81 per day If the plaintiffs would
produce him in ana him swurn in The cause
Geo VI Cutter, Esq justice and Jersey City.
testified 10 the accidental discovery Of fonting body in
the river between four and five o'clock. NJ Of septen-
The pocket ard two three pieces Of egirg thread
in the pockets There marks Of violence except
the Disagreement hy fish Buried the body, and GLia
tered 1t aftsrrad IN presence Of Walton Martin Gilman,
end Hadley. anu retained the clothes whch pro
when delivered by him Produced the ocres ponring haf
of handkerchief which had been given him by Ma valon
or daughter ten days after cntsrment-a small piece
cut cut of The hsr dkerchief ny the women Received
$50 from Sun Office the reward offered by Walton for the
recovery Of the body
Crcss examination Of witness was minute as 10 how
lorg the oody hao prebsbiy remained in the 1t
was beacbec somewhat swollen ana oate1 back up, tine
water was ~Grm ard bad known cases vhers thoss op
pecranceswtre manifest vhee the body had been only
! threa days in water
I fisosrck Busting sonin law Of Walton. residing %
I North Moote cofrsI u Washington street N Y.--sest
estc yalton' hsiog the handkerchief her but
who .ss present. yieep was cut cut to .dsntis, tns
haadkerchief Witaess,s wife died in uno lass.
| Goth jaeger, testified (tbrough iperpTeer); vsa
yosk testified to psnalocns having purcba sed by
sohoonmafer identified them positively by trimmings
Wm Hadlsy; Esq, was counsel for the firm Of val.
| co partnership. Ihe partnership an equal one.
schoormaier 70 d tie outside business
expenses laid extra aud Martin only to sign II
SchqpRsser Is married before death his share 20 10
bis ti!y If not to survivors the policy to lc disposed
in tie ~ay Witness present ii;nser 10 mt
which was elected under his Instructions bGt could
positively ieeDtify the body that Of schoonaske
though he ncted the resemblance offs color OF har &c
| THIS closed the testimony OF plaintiff.
Mr. oiraid opened for defence ana csinel lst That
SchocnEaEer was net deed I'd That the pclicy OBJ
tanned by fraudulent Representations. And, 80 Thai
| the Whole affair was conspiracy to issraud
He coneedcd that the body could not have been ia the
water less than week. and was not identified though
portion q the oiothes were sworn TO- !S@ policy was
obtained by false representations that schocnuaker
partner and the principal witness, Gilman was yaga.
character and that Martin hal left the country with his
books ana the in crest in the suit lad been assigned to
Adams "a respectable ctzcr) and Park he'd received
$?soO for taking cut letters Of administration.
| tcn IN human lifeu
Albany testified to the granting Ct policy. Martin up.
piled for It for his partner; Martin Walton the
Ief1es they oould get no others DE- stats pbysi,an
| Martin oiuced schoonmaler said what do YOU
want policy Of $40 060 Cd the life OF this who
the styscts said would net take so large risk cn
bis life Martin replied 'oh it Is hs way be is Ger
man he likes = woFs , told lin tha. did not li&e
the look OF the thing Martin replied - IL ali right;
he Is tie moned msn Of the concerA u Is al rgnt
The papers were execgtsa On sept = 1850, Martin
schcoDmaker is dead There Is at the wil
tel you ell about it, Went there and saw oltmsn
Conversation with o. ruled out Gilman arrested
and brought before Justice Cole on my complaint on
charge Of conspiracy to deraud Was not invited to be
present at disincrment Immediately after the tran
fsction suspected something wrong ard toid DR.
staats but conceded 'hese suspicious from all others
Watched the business Of the nin, and founi 1t very
small SehoorDaker said no hing at the Interview, but
all the coDyereation was by Martin
Dr. Barens P Stats testified that Martin called and
asked him 10 inspect bis partner with view to life
days. Salt water would delay decomposition warm
Dr Bernett Burke Physician and Assistant Coroner,
New York, since January last. Has seen 100 to l5c
bodies Of drowned psrsons never knew body to rise in
Cutters description Of body should think II Was in the
water from ten to twenty days Fieh will body
! so three days after drowning
/ DR. Seth Geer Coroner Of New York who had exam
ined 500 ACC Ct drowning tetiaes to The
| sft ct,
Andrew Blekey, deputy coroner testified to the same
| effect
Eugene Lievre proprietor Of the Shakespeare Hotel tes
tfeoThat schcop1nakeT the 22d Of August applied
TO know the price of board vas told per weeks said
be would ask the boss for the money Gilman told hin
OF ScbooDmsktr's death it made bad feelings in mo- be-
/ cause he looked comfortable.
John Tracy, called for plaintiffs, testified to leasing
to Marin at rent Of $3.50 dollars in advance he
being stranger aud Bile 10 give seeury sold him
bi OF goods six months credit had dealings TO the
extent Of Se0C; they did not appear TO be doing much
buness; Martin said they were lot doing very wol and
| should dscentinue
Madison W. Griffin, residing Long Island, knew OF
| man, who was in his employment He was little
/ tricky
II Van Vie coroner Of Albany, residing In BethIe
hem the river SIDE have known two or three instances