The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-06-27
INTER ESTING INSURANCE.
CASE.
Are Life Policies Initiated if the
Holder il Killed in n Quarrel
of His Own Seeking.

A case is now on trial brought by the
assignees of VIM. Lewis estate against the
Missouri Mutual Life Insuance Com pany.
to recover u life policy for $4,000 in favor
of Lewis. who died on the 18th day OF No
vember, 1870. For answer the company
admit that they issued the policy. but with
the express understanding thai should he
die by his own hand or the hand of justice,
or in consequence of duel, or the violation
OF the laws of any nation. State or province,
the policy was TO be void, aud in support OF
such violation OF contract it is claimed that
Lewis. during his lifetime, in the county
of Bolivar. Mississippi posted one John
Harris. OF that county as a coward and
poltroon. intending thereby TO bring about
a breach of the peace between himself ana
Harris. Ii is further claimed that from the
eth OF November until the day of his death,
the 18th OF November, 1870. Lewis in YarI-
Gus places threatened 10 Kill Harris, that the
deceased. on the day of his death. assaultet
Harris with pistol, with the intention OF
effecting his death, and that Harris then
shot and killed Lewis-wherefore they
pray that the petition of plaintiff be DIS
missed " 18th costs.-St. Louis Times.
The fact that one of these parties. the la
mented William Lewis, was born aud reared
here, invests the case with more than usual
interest in this community-apart from the
merits of the points involved.-Clarion.
Editors Clarion The above article from
the st. Louis Times may state the plea
offered by the Missouri Mutual Life Insur-
ance Company of st. Louis against the suit
referred 10 theren,it is untrue as 10 the facts
and a judgment for the compliments against
the company for the full amount of the
policy establishes its falsty. Why the
Times should pen such an editorial after
the determination of the suit we suppose
ffrds it, explanation in this that the COM
I ~ Of . his
| policy been guilty of violation OF good
faith. and in order to eXculpate il unfair
conduct the allegations of the plea OF the
/ defence is heralded abroad without proper
/ comment. | am acquainted with the testl-
mony in the cause: and that this company
/ may not escape from the consequences Of
/ its action. state that there Is no proof 10
sustain any such plea. The evidence shows
| that John w. Harris on various occasions
/ denounced Capt. VIM. Lewis in unm ensured
! terms, that Lewis called on Harris in the
manner recognized among gentlemen for
| satisfaction Harris did not accord this.
| Lewis then posted him in the manner stated
| in the Times article. 1t is in evidence by a
boy of seventeen years. with whom Lewis
had but a slight acquaintance that he met
I
about two miles from Harris, that Lewis
told him he was going to Kill Harris
Lewis, he says. was not armed that he could
| discover and talked To him on no other
subject and only once briefly made this
threat-that some days atterwart : he told
I Harris of this. This is the substance OF
! testimony on threats. 1t is proven that on
the 18th of November, (the day of Lewis
murder.) he was passing the road In rear OF
Harris store, over hundred yards from It,
| on his way to a landing on the river below
/ Harris store. and after having passed the
only route from the road on which he was
riding that leads to Harris he was hailed,
and when he had turned aside to meet the
party calling him, and while sitting on his
horse engaged in conversation. Harris was
discovered by Lewis approaching him with
a doa BILE barrelled gun. Lewis Immediate
" sprung from his horse with his pistol in
hand and started to meet him, when Harris
fired and killed him. 1t is also in proof
that Harris on the day previous TO the kill
| ing of Lewis, had, in company with another
been in search of Lewis. armed with shot
gun. These are the facts in the main. and
upon this the company re fused the payment
of that policy.
| should not write this but for the reason
that conceive an unfair means Is resorted
TO to relive this company from the odlum
which this ease has cast upon it and which
onoht to sink the institution from the ability
bv uncandid means to ensnare unsuspect-
inc victims. l am acquainted with all the
circumstances of this case from the lncep-
ton of the difficulty between Harris and
Lewis. and my object now is to correct any
Misrepresentation of the conduct OF Lewis
whom | esteemed, and hold this company
TO the truth, when it struts through print
in the form of editorials or otherwise.
A FRIEND To Policy HOLDERS.