Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-04
: LIFE AND VIOLATING
LAWS

The Lynchburg (Va) Republican
states that previous to being killed in July
last in personal rencountre, Maj. E. c.
Randolph, of that city, had effected an
insurance on his life, to the amount of
five thousand dollars, in the National Life
Insurance Company, at Washington, of
which Jay Cooke is President. The Re
publican learns that the company refuses
to pay over to Major Randolph's heirs the
amount of his policy, on the ground that
the deceased violated the Claws of the
land" in the matter of his death. The
heirs will institute a SUIT to recover the
amount of insurance. A case of 6 some
what similar character was recently de-
cided in New York, which is thus re-
ported by the New York Tribune, of
Nov. 80:
"a Mr.. Cuff effected an insurance on
his life in the Mutual Benefit Life Insu-
rance Company, and sfterwsrd transferred
it with the knowledge of the company
The policy provided that in case the in
sured should die sin the known violation
of any law" of the United States, it should
be void. Cuff entered the army, and in
the State of Louisiana got a claim against
one Cox, and on meeting him in the street
requested payment. This was refused,
and on Cuffs proceeding to unhitch the
horses from the wagon, Cox shot him, in
dieting a mortal wound. An action was
brought to recover the amount Of the
policy from the Company, who based
their defense on the ground that at the time
| of his death Cuff was engaged in the
| known violation of the law of the State
Upon trial, the complaint was dismissed,
and thereupon an appeal was taken to the
Supreme Court, General Term, which
yesterday affirmed the judgment of the
lower court. Judge Ingraham in a long
| opinion holds that two questions are in
Volved-whether the exception in the
! policy applies to any other violation of
| lew than felonious act, and whether
Cuff s act was violation of the law of
Louisiana. In the absence of any proof,
we are justified in presuming the law of
Louisiana to be the same with the law of
this State, and that whatever would be
viOlatiOn of law here may, for the pur-
pose of this case, be considered a viola
ton of law there. That Cuffs act was a
| violation of law there can be no doubt.
cannot concur in these views which
limit the violation of the laws to criminal
acts, but cOnstrue this exception as iu-
tended to prevent the insured from doing
an act in violation of law which would
naturally lead to a conflict by which his
life would be endangered"
IMPORTANT ARRESTS-KHKLU
IN LIMBO
On last Tuesday evening H. B. Morgan
Sheriff Of Lincoln county, arrested two
negro Ku-Klux in this place OrMonday
last he arrested these same negroes at
Lynchburg and put them in charge of his
Deputy, Mr.. Brown. Mr.. Brown after
having the negroes under arrest got into
conversation with Ben. Berry, Jr., and
while his attention was directed in an op-
pOsite direction from the negroes, they
broke and ran. He succeeded. however
in recapturing them, and put them in a
house and placed guard over them. A
man by the name of Moore caught the
| guard and held him until the negroes
made their escape the second time. Sher-
| if Morgan determined not to be out done
and to bring these offenders of the law 10
| justice, summoned two men that evening,
on returning to Lynchburg, and tracked
them to this place. He had not
been here but few minutes when he
spied them on the east side Of the square,
and forthwith went for them, and by the
timely assistance of Policeman Connolly,
he succeeded in capturing them. He put
them in irons, and proceeded that evening
to Fayetteville, where they are now safely
lodged in jail.
These negroes, we understand, have
been prowliug about in Lincoln county in
Kukluk disguise, disturbing public wor-
ship and shooting into peoples yards after
night.
1t is this class, and worthless, low-down
reckless white men, that are creating the
disturbances and doing the devilment in
the country; and not the Rebel Democra
cy as our Radical politicians would make
the people of the North believe Enforce
the law auC we will soon get rid of them.
-Shel6yUiUe american Rescue, Dec. 2