Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-03-29
L 5 Circuit and District Courts
February Term
rHE HOS. DAVID j.. t;AL-lY, presiding.
NosDtY. March %. 1872

Ias HOS. DAVID q. t,iALlFl, presiding.
NosD4Y, March -, 1872
The first case taken up d, The opening Of tae
c1lI- this morning was that Of Ruota Green Us
the Hahueusnn Life Insurance Company # tIavs-
land, Ohio. This is an sciion to recover the
am0uut ol life policy Of = 900 co the ,eot he
late Jacob Green, undertaken. Of I-is city The
defence set up IS. LIST. That Mr Green diei hg
bic ova hand. ~. Inst the claim %. he plain
TIL under tie policy has been discharged ali re-
leased. 10 consideration Of The sum o. ',
which has b-eu ps,i % 'he plaintiff.
Messrs Wales AMI Taft, Il. Ballard, ana J.. j.
Phelps FOR piSnud Alessrs. Eigsrtvu sud
Nicbolfoa, Of Rutland, V. I. Burnap, and
,. Roberts for defendants
The plliniid's testimony, sri par, Oh that Of
the defendants. vas ciotei st the adjournment
Of the cols. for the day.
WEuSrsDAY. March y.
The Arguments Of counsel ia the case Of RLoia
Green ys. she Hshnemanu Lie Insurance Com
pany wee concluded az half past one O'Clock To-
day
Ills Honor then charged the jury substantial
lv a. follows: After stating that the ac,iou vas
brought on q policy OF lie insurance for 100000,
Issued Ju,y 10, 1863, by the defendant TO
jacob Green, late Of this city, tor the benefit Of
hs wife. he markell that there we're two
points in the case only upon which be should ia-
r,ruet be Jury, for there vas no question but
what there wss contract msde between the
parties, which wss 90 be fairly carried out.
lst AZ 70 the meaning OF the excentin9
clause in the policy, 80 Il he shall die by his owa
hand Did Mr. Green take bis own lief be
did take u-uudtrstsndiuey, Intentionally ,
g..ff-- O .a fTrrn he Isr
mission Of ID, deed Of the consequences OF lie
communion The weight e testimony appears
20 chow thst Mr.. Green drowned himself a.
though the burden OF proof On that point is ior
the defence. Yet it is matter Of very ittle con-
sequence either way. lou must consider tie
evidence faif!y ami come to your own couclu-
sious.
The importsn, question icr you TO decide is,
the mental, and therefore responsible, condi-
ton Of Mr.. Green On the morning Of his desth /;
and this brings me 10 the definition Of insanity,
a most difficult definition to give. The best one
thst know Of is thrt it il disease Of the brain
I by which the freedom Of the will il impaired
I The Circuit Judge Of this United Ststes Cir
I cult. however. has laid down the rule in such
( cases as the present, which | shall give you as
the rule Of this court. Il Is this
IT. on the other hand, he was 70. thus con-
D
{ under an insane delusion oyerrjwering ne u
/ derstanding snd will, or vas inpeile1 by 80 un
/ comfortable impulse which neither understand
/ ing nor will could resist, then the Getendarts
/ are liable, ami Jour verde, must be for the
] plaintiff.
Now, applying the evidence in this case to the
! tes. Of the rule, and Your conclusions viii, per-
/ haps, be more readily ottained
We leera from this evidence that insanity was
/ hereditary in the family OF Mr.. Green, or the
( male side that his father wAs out of MS mind
/ some time previous to his decease ; that Mr.
! Green was oyerwoTktd.
If Jacob Green, vt the time be wss drowned,
wss conscious Of the acl he was committing, in
] tended TO take HE own life, and was capable Of
understanding the paturc and consequences OF
/ his act, the defendants are not liable and If the
act was thus committed, it il immAterial whether
he wss spable CT understanding its morsl as
reefs. or of Distinguishing between right snd
wrong. For several weeks before his death,
that Al times he becsme greatly depressed, COM
planned Of loss of sppetie and Of severe bead
aaae; that on the Sunday before lie died be ex-
pressed a wish frequently to zee Mr. Rodney
1 Roby, on some matters which be desired 10 talk
over with him that finally when Mrs Green
got Dir. Roby TO call and see her husband, there
wss nothing in particular that he wished TO
ask hin about; that on the following day, when
MIR. Roby called at Mr. Green's shop to inquire
about his 3eGith. he WAS 80 convinced by his &C
tons and words during the interview, thst his
mind gss 10 - critical condition. that he At once
called in Dr. Carpenter, who. al the conclusion
of his visit, tod Mr.. Green ths; he must atop bis
work Immediately and go home and resr, 10
which Mr. Green replied that be could uot-he
had too much to do. The Doctor then said that
10 nbl tn Mr.
at once perceiving the Doctors meaning. said {: