Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-03-29
BURLINGTON VT. FREE PRESS. FRIDAY
do you mean to say that I am going to be

- Do you mesn to say that 1 am going to be
( crazy ?"
His Honor then briefly described the conduct
1 d Mr. Green at his home that night spoke of
/ his frequent prayers that God would not suffer
him 20 lose bis reason, &c, and asked whether
all these we're not indications of insanity lie
then referred 10 the worry and anxiety Of Mr.
Green in regard to his policy of insurance that
it was larger than be could carry, SC. and
wished 10 have the premium paid back and give
up the policy.
Mr.. Green left home early the following morn
ing to see about sending corpse to UndeIhill.
He Wss shortly after seen at the depot, and next
his remains were found in the lake near by.
Now remembering all there facts, it is for the
jury to ssy whether Mr.. Green, when he threw
himself into the water, WAS conscious of the act,
and that be was doing so Intentionally aud NJ
dersiandingly. Ii 70, the defendants are not la
bic. If, on the other hand. you are of the opinion
that he acted under IN insane delusion, over
po.ering his understanding and will, the de-
ttndsnts are liable.
You sre also to bear in mind, IS having weight
in this case, the opinions of DR.. Carpenter and of
Dr. Allen, the latter Of whom, in reply to a
question which pictured fully the acts Of Mr.
Green, previous to his death, said that person
thus acting gave strong marks of insanity.
A question has beer made about different de-
grees Of insanity; but this, The Judge said, was
something be could not understand that in
his own judgment the mSn who was insane was
wholly 30, and was irresponsible that the
jury might be able TO make this distinction, but
the court could no, comprehend it, ami vas IN
able 10 Assil; the representations he should |
lsy down the lsw--as the rule for the govern |
ment Of this trial. as it had been laid down by |
Judge Woodruff, before recited, although it /
differed from his individual opinion
The second point is whether the settlement Of .
the plaintiff with Mr.. Castle, agent of defendant,
was bar to her present aim. In considering
this the defendant must .tsfy you that Mrs.
Green entered undersuniiagly into the contract
which precluded all further claim upon the Com
pzny, sn1 ths; there vas ne misrepresentation
employed by the agent. Did abe understand
that the provisions Of the policy were rendered
void by the suicide Of her husband In other
words, lid Mr.. Castle deceive her in the matter,
and by go doing was she induced to give Up the
policy II you find that he Intentionally ms-
the facts, and that thereby she was
Influenced, then there was not such full and
free meeting # minds by the contracting p4r-
ties as would bind eitLer one Of them.
you Gnd for the plaintiff, youswill return q
verdict for 10000, with interest, from Decen-
her Jet, 1863, less the smount Of the first quar-
teriy premium Of $500.
The jury retired for fifteen minutes, and then
brought in a verde. for the plaintiff for
-ll ,2s039
Exceptions were taken by the desenian. to
the charge, and 70 r,fussls TO charge IS re
ilestci
The Jury for the irst case 20 be tried TO NOR
row morning vas then empanue.lei
lnle Is the czFp Of LslEE u Clark IS Estate
4 Chas Miller ltis an action Of sssumpsit
for $1,000. which plaintiff c..ims he handed
Mr.. Miller TO be used By him in purchasing an
interest in certain stock Of Psnusy wants oil
,5mpauy.
Messrs z. r. Hard 81! r. H. Start for
1lAindf. ana 81. Paelp, cr defendant