Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-04-04

to bind the defendants, by the receipt OF
the money offered him by Mr.. Ballard,
and restore the policy and reinstate the
contract; and consequently the offer so
made was without legal effect and nu-
gatOry.
f. Even if the jury should find that
the policy was obtained from the PLAIN
tiff through the fraud and misrepre-
sentation of Castle, the plaintiff cannot
recover in this action, since she retains
in her hands, and has not offered to
restore, the money which was the con-
sideration paid for surrender of the pol
| icy.
5. If the jury find that Jacob Green
threw himself into the lake, and that at
that time he was conscious OF the act he
was committing, and intended thereby
to take his life, and was capable OF UNI
Outstanding the nature and consequences
of his act, the defendants are not Liable;
and if the act was thus committed, it Is
immaterial whether he was capable OF
understanding its moral aspects, or OF
distinguishing between right and wrong.
6. Although the jury may find that
the self-destruction of Jacob Green was
the result of diseased mind, and that
he acted from an insane impulse which
( DTPNtuJtU ulIll HUN dpplCCldChI5 ChS
moral quality and consequences of his
act, yet if the jury find that he retained
sufficient powers of mind and reason to
act with generalization, and formed pur-
pose to understand and contemplate the
| nature and consequences of his own CON
duct, and to intend the results which
his acts were calculated to produce; and
if in such case he in fact intended, and
fully compreAended the physical effect
of the means which he used to take his
own life, then his act of self-destruCtiOn
must be treated as wilful and voluntary,
and the defendants are not Liable.
:. If Jacob Green, having the formed
purpose and intent of destroying his
own life, voluntarily threw himself into
the lake with such purpose and intent,
he knowing that by 50 doing his life
would be destroyed by drowning, then
the defendants are not liable, although
the Jury should find that he was insane
to degree which rendered him morally
irresponsible, and unable to distinguish
| between right and wrong, and may be
of opinion that he would not have
drowned himself if he had been of sound
mind.
8. That no suggestion that the act Of
Green was the result of an insane inn
pulse should be considered by the jury,
unless the jury find from the evidence
that such insane impulse was beyond the
power of his understanding or his will
to control or resist; and that he was
impelled thereby, without power of re-
sistance, to the act of self destruction.
8. The fact of Green's self destruC-
ton being proved or admitted, the bur
then is upon the plaintiff to prove that
the act was committed without vOlitiOn,
or against his will: that he did not ode
by his own hand" within the meaning of
these words as before interpreted.
10. If the Jury find that Green before
leaving his shop had formed the purpose
of drowning himself in the lake, and for
the sake of better effecting that purpose
had loaded his person with weights, and
so. with such purpose went to the lake
and there sought place of COnccalment,
and made his arrangements, with the in
tent that by so doing he might not be in
terrlIpted in accomplishing his purpose OF
drowning himself; and there, with his
person thus weighted, threw himself
into the lake in execution of the pur-
pose which he had formed before leav-
ing his shop, and had carried with him
down to that time, and knowing that by
50 throwing himself into the lake he
would drown, then the jury would not
be warranted in finding that the act of
throwing himself into the lake was the
result of a blind or irresistible impulse.
and their verdict should be for the de
PENDANTS.
The Court refused to 50 charge the
jury, but charged substantially as fol
lows.
CHARGE OF TIE COURT.
Gentlemen ofthe Jury-This is an az
ton upon a policy of insurance issued
bv the Hahnemann Life Insurance Com
pany. to Rhoda Green, upon the life of
her husband. Jacob Green. As has been
Observed, this is contract and it sho'd be
fairly made and fairly carried ont. Only
two questions remain for you to consider.
The first question is, did Jacob Green
come to his death by his own hand. with
in the meaning Of the law a. applied to
that clause in the policy? Did he in
tcntionallv and Understandings take his
own life? If he did the plaintiff can
not recover. The weight of evidence
would seem to be that he drowned him
self The sburthcn Of proof would be
upon the defendant in the first instance,
to show that he threw himself into the
lake, and if it is satisfactorily shown
that he did. then by the strict rules Of
evidence probably the burthcn of proof
is shifted and it would dcVOlVe upon
the plaintiff to prove that at the time OF
50 doing hc Was insane and not morally
responsible for the act. But this qucs-
ton of burthcn Of proof IS OF such
metaphysical nature, that i'll case of
this kind, the jury will not he likely to
trouble themselves much about It, but
they viii enquire from Tn" whole evil
dencc how the fact really was, What
was the condition of Jabob Green's
mind when he committed the act The
most satisfactory definition of insanity
to my own mind, that have ever heard,
is that it is Il disease of the brain by
vhichthc freedom of the impaired.
! confess | cannot readily understand
what is meant by different degrees of
insanity. If a man is insane, as under
stand it, the freedom of his will is i'm
paired. But do not mean to lay this
proposition down as rule TO govern
this case.
am disposed to adopt the rule for the
purposes of this trial, laid down by
Judge Woodruff, in the case of Gray Y.
the Union Mutual Life Insurance Com
panv, recently tried in Connecticut, and
shall therefore charge you, that if ia
cob Green, at the time he threw him
self into the lake, was conscious of the
act he was committing, ~-intended to take
his own life, and was capable of under
standing the nature and consequences of
his act, the defendants are not liable;
and if the act was thus committed. it is
nnmatcrial whether he was capable Of
understanding its moral aspects, or of
distinguishing between right and wrong
If. on the other hand, he was not thus
conscious, or had no such capacity, but
acted under an insane delusion, over
powering his understanding and will, or
was impelled by an uncomfortable inn
pulse which neither understanding nor
will could resist, then the defendants are
liable, and your verdict should be for