The New York herald., 1873-12-18
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.


UNITED STATES CIRCUIT COURT.
Action Against an Insurance Company.
Before Judge Nathaniel Shipman and jury.
The further hearing or the case OF De Camp VS..
the New Jersey Mutual Life Insurance Company
wa 8 resumed yesterday AS already stated In the
HERALD, this is an action to recover $4,000 from
the defendants, being the amount OF a policy OF in
surance which had been effected on the life OF one
John II. De Camp for the benent OF his wife. De
Camp is dead, and the present suit Is brought In
the name OF his widow. The principal facts OF the
litigation were published In our issue OF yesterday.
Mr.. Robinson. OF counsel for defendants at the
sitting OF the Court resumed his statement OF the
case to the jury In reply to what ne termed In
situations thrown out by the other side, as to why
this cause had been removed from the State court
to this court, he said that this was done because
they believed there were Judges In the State courts
who, for reasons not necessary to be now men,
toned, 1t was very desirable for them to avoid.
Another reason for such removal Of the cause was
the system and manner OF drawing jurors in the
State courts. They had this cause removed from
the State courts to this court in order that 1t
might be disposed OF before good and upright
Judge and an honest and intelligent jury. Counsel
then went on to expatiate and enlarge upon the
language OF the defence, setting forth that the
policy in question had been obtained by fraud,
that De Camp died from the effects OF intemper-
ance and that, even supposing the policy had been
honestly obtained and fairly delivered, the plaintin
would not be entitled to recover upon 1t owing to
the fraud which, he charged, had been practised in
regard to it. Cotton, he asserted, was the agent
OF the Equitable Life Insurance Company. Now,
De Us f r Camp 0s aas IN
perate man. why did not Coltcc effect y policy Tor
rat hut
Jersey company, showed conclusvely that there
was something wrong in the whole business.
The counsel Tor defendant then called as his first
witness DIR. J. G. Johnson, OF Brooklyn, who testi.
1ed:-I was in attendance on Mr.. De Camp in his
last sickness; when was first called in to see him
he was under the influence OF hyosciamus-that IS,
q small dose Of an anodyne; taken In large doses
st is ms ps ece 1e n
lants and opiates; was present at the inquest on
Mr.. De Camp, as was also Mrs. De Camp; she was
then laboring under considerable mental excite
ment before the last time was called to see Mr..
De Camp had attended him several times and
found MIN far gone from the effects Of liquor and
Cross-examned-1 declined to give a certificate
Of the death OF DE Camp because found there was
policy OF life insurance mixed up with the trans
action; Mrs. De Camp was so excited at the in
quest that would not regard her testimony as
worth five cents; at the post-mortem examination
1t was found that De Camp had suffered from dis
ease OF the liver and kidneys, and from sotening
more than alcohol contributed to produce his
DEATH there was nothing about him to show that
he was habitual drunkard.
DR.. Dudley, OF Brooklyn, gave somewhat similar
DR.. Shepherd deposed-I reside in Brooklyn; I
John Il. De Camp; there was softening OF the coats
OF the stomach fatty degeneration of the kidneys
| had commenced; the immediate cause OF death
| was nervous exhaustion ana shock my opinion on
this subject was, In part, based on what was told
me the condition Of the body such as Is gen.
orally superinduced by the excessive use OF alco-
hoic drinks.
Cross-examined-He DR.. Johnson's evidence;
Independent Of the post mortem examination /
could not state what was the cause OF death apart
from what heard from others: from the post NOR
tenn examination alone could not say positively
that De Camp died from alcohol; my evidence
given at the Coroner's inquest was that the cause
OF death was nervous prostraton, caused by the
excessive and prolonged use oil stimulants.
Re'direct-By stimuants, dare say, meant the
gave at the inquest / was guided by the opinions
ef DIR. Johnson and Dr. Dudley: very likely the
opinion OF Mrs. DE Camp had considerable inhu-
ence In determining the evidence gave at the IN.
quest: heard DR.. Johnson e evidence; he testified
that the evidence OF Mrs. De Camp, as given at the
inquest, was not TO be relied on by the jury. and
TINS, taken IN connection with the opinion OF DR..
johnson, would have some effect In inducing me
20 change my opinion.
Westchester county; knew Jonn II. De Camp in
tImatey from 1855 TO 1859; bought out tavern
which ar; De Camp Kept In Rye before he came
down To New YORK: have drank with him and
have seen MIN under the influence OF liquor.
Crosse xamined-I cannot ix the date when be
was under the influence OF drink had taken some
drinks, but was able TO take care OF myself; De
Camp was not drunk, and guess mad taken more
drink than he had; had feeling against De Camp.
Mr.. Robinson read the testimony OF Mrs. DE
Camp, taken before the Coroner's jury IL con-
tained a statement that her husband had drank
for years
ne also read the verdict of the Coroners jury, to
the eject that DE Camp died from nervous ex-
haustion, produced by the OF alcoholic drinks.
Mr.. Robinson offered IN evidence the whole In
qul-tiOn taken before the Coroner's jury. They
we're referred 10 II a. part OF the papers served
upon them under which they were called upon to
pay this policy
Mr.. fii on the part Of che PLAINTIFF objected to
the paper.
Judge Robertson, OF westchester county, de-
posed that be had been DE Camp counsel for q
short time; had met him at political meetings;
from what ne had seen OF DE Camp should say
that he was not habitnally accustomed TO the use
OF intoxicating drinks; had he been 80 witness
thinks he must have known OF 10.
Cr0ss-examlned-Had known him on business
Judge Mills, Of white Plains, testified that he
knew John H. he Camp, and had been at his house
a good many times; stopped at bs house several
times when driving out ~ Rye from what witness
knew Of DE Camp should say that he was not an
incorporate man; never saw him drink IN his own
house; had some business relations with him.
Crosse xamined--I saw him alter he removed TO
Brooklyn; probably had not seen him Tor q month
or two before he went 10 Brooklyn.
Judge Robertson, IN reply 10 Mr. Hill, said he
never saw Mr.. DE Camp take drink In his life.
A. H. Deylin. an 0icer from the SheriIfs 0filce,
produced some papers In repevin SUIT ol MI. DC
Judge Robert Cochrane, OF White Plains, testified
that he knew De Camp when the latter lived at
Rye, where he kept hotel; DE camp had repu-
tation among the people OF never drinking at his
Cross-examincd-It may have been n couple OF
months before he removed TO Brooklyn when saw
him last.
A considerable amount OF testimony was given
In "A xn lal A. ltg gnl