Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-04-04
an Interesting Life Insurance Case.
{. s. CIRCUIT COURT, DISTRICT OF
VERMONT.
Hon. DAVID A. SMALLEY, Judge
RHoDA GREEN

dated July 10, 1869, upon the life OF
Jacob Green, made payable III the event
of his death to Rhoda Green, his VIE.
Wales & Taft, H. Ballard and e. j.
Phelps. attorneys for plaintiff.
/ Edgerton s. Nicholson, W. L Burnap
and Daniel Roberts, attorneys for de-
/ PENDANT.
Plea, general issue with notice. 1st.
That the assured died by his own hand,
and Cd Accord and satisfaction:
/ Burlington, March 25, 1872 The fol-
/ lowing named persons were empannelled
and sworn as jurors OF
E. S. RowIey and r. ]. Mack, Shell
I burn; Ferdinand Beach, Westtord;
/ Geo. H. Fay, Richmond; Lyman Stin-
/ son, Albert Barney and Martin Barney,
/ Jericho; Edward Lyman and Orville
/ Sinclair Burlington; c. II. Nichols,
/ Essex; Eben WOlcott, Colchester; and
+ p. P. Wilkins, Williston.
+ RhO6a Green, iS1cOrn. | am widow
of Jacob Green. He died 9th July,
/ 1869. His age was AZ years. He was
/ buried on Sunday, August I'd. | expect
! he drowned himself in the lake. He
was brought home between 9 and 10
/ o'clock forenoon, on Tuesday, 27th
| July He drowned Tuesday morning.
/ He was undertaken by occupation. At
/ time of his death held a policy of in
/ surance for $780, on his life, issued by
/ Hahnemann Life Insurance Company.
! POLICY produced by defendants cOun-
| sci, No 1897, dated July 10, 1869.
| think this is the policy. Don't
know the day when the application was
made. 1t was made through Mr.. Castle.
Castle came several times to urge Jacob
| to get his life insured. Jacob spoke to
me three different times about Castle
/ having talked with him about it. |
! favored the idea, and advised him to get
/ his life insured. | remember that Jacob
went to be examined. The money was
/ paid 9th July and a receipt given. |
/ have the receipt Receipt produced
and read, dated July 6, 1869, $99.7O. J
| Castle came to our house some days pre-
( viOus and talked with Jacob about it.
He came up in June and Jacob consented
to take policy. Saw Castle two or three
times. Policy delivered to me 23d
July, 1869. The policy has never been
paid. Mr.. Castle came to my house on
28th July and | gave it up to him. MIR.
| Green was an undertaken. He had been
| employed in same shop seven or eight
years. For some two or three weeks
| before his death he had more business
than usual He had not staid at home
any night for about three weeks. He
had been much driven with work, trim
ming collins and attending funerals. |
had staid with him several nights, quite
late, helping him-One night during the
time till near o'clock. He had a bed
at shop, and when he had time would
sleep there. I staid there till II or ~
i 49, ,s,-T,+ Ia h11
man in shop. and | assisted him a good
deal. On the Tuesday or Wednesday
before his death | staid till or o'clock.
and assisted him in trimming collins. l
went home alone that morning. He
asked me if | was not afraid to 90 home
alone. / said no, not at all He worked
very hard His appetite failed him.
first noticed it about two weeks before
he died. Generally he had carried a
lunch to shop at night, but had not done
so for several nights. On the Thursday
or Friday before his death he came home
complaining about his head talked about
his business-it worried him. On Sun
day he attended a funeral and gOt-Uff
three collins. On Sunday morning he
said if it wasn't Sunday he would like
to see Rodney ROby-wanted to talk
about some business. He walked around
with his hands behind his back, and
spoke again about seeing Rodney ROby.
| advised him to see him if he wished,
and told him | couldn't see anything
wrong in his seeing him if it was Sun
day. He wanted l should go and have
him come over and see him. | went up
to see him and he had gone to church.
| left word for him to come to our
house after Sabbath school. He came
in the afternoon about ? o'clock. He
seemed perfectly rational. | saw moth
ing that day in his conduct that |
thought strange at the time. He got
off two collins before the funeral He
staid at home that night. When he got
home from funeral he laid down on the
floor just inside the door. He said he
was awful tired. | told him he was
OverwOrking himself. While he laid
there two more men came after a coffin.
He told them he was not feeling well
They wanted him to 90 to shop and
said they only wanted coffin-that he
need not do anything. He said he was
too tired to 90, but they urged him so
that he went down after dark 1t was
the coffin that was sent to Underhill the
next day. When he came back he laid
down on floor again. He stayed at
came home Monday, as usual, to dinner. .
Nothing unusual about him only he was
tired. He said he should want me that /.
evening to 90 to the shop, and he would /
come up about half-past five to tea. He /.
came home about 5 minutes to 5. !
knew his step He came in. | was get |.
ting tea. He came through the pantry. /
His eyes were all bioodshot. Walked .
backward and forward. and said: My /
God, RhOda, has it come to this? You've /
got a crazy husband, and have got to go
through what my poor mother did" | F.
said: No, Jacob, don't talk so-don't .
feel so-yOu're eXcited-you're nervous .
you've OyerwOrked yOurself-you .
must go to bed and keep quiet-you
must stop wOrk-yOu mustn't talk so" .
He was pacing backward and forward. .
That amt all" said he, DIR. Carpen- .
ter says you've got crazy husband. | .
said: mo, Jacob, don't talk so-dont .
feel sO-yOu must be quiet-you mustn't /
think of such a thing-you must lie
down" He laid down on lounge. | .
sat down by him, and he said, go back
and finish your buiscuit, and then |
want to talk with you" | went out
and when | came back he jumped up
and looked in the glBss, and asked me
how his eyes looked, and said again.
You've got a crazy husband" He
wanted | should 90 and get the policy
wanted to see what it said. | did So
he read it-said, Now, Rhoda, want
you to get the money back and give up
the policy. said, II wish you wouldn't
worry about it. Keep quiet" Mr..
Castle had read policy to him when he
gave it to him. | tried to pacify him.
DR.. Wager came in near 8 o'clock. ia
cob sat with his hands on his head. |
was rubbing his head He had been
taking Homeopathic pills for his head.
The doctor staid till after 10 o'clock.
Mr.. Green said the policy was a fraud
it didn't say anything about dividends.
DIR. Wager made the examination at
time application was made. DIR. Wager
told lin q. =