, 1873-12-04
THE HOWELL CASE.
EARLY History of the Suit---Tho
Preceding Trials.
Judge Blodgett's Charge to the Jury.
Novel Points in Fire Insurance Discussed.

Novel Points in Fire Insurance Discussed.
HISTORY or THE GAZE.
THIS case, Which has occupied Judge Blodgett
and jury for upwards OF throe wooks, has at
length, came to termination. In order to cor
rcctiy understand 1t, 1t ia necessary to 20 baok
into Tho history Of tho plaintiff and trace tho
successive stcpa IN tho afrair, Quo by ono, up to
tho prcHont day.
In 1899 Martin a. uowoll father Of tho plain
lit, established nanufactory OF Wallpaper at
Now Brunswick, In to, Staso Of Now Jersey.
Fortune smiled upon hiln, and ho became wealthy
and highly respected. In tho courso Of timo
ho took hts two BonB, nussoll Howell and Martin
A., into partnership with him. This partnership
was ultimately dissolved, mud Martin A. camo
West for pleasure. lie settled temporarily
at Ottawa. Tlloso ho became acquainted
with tho loading citizona Of that town.
and conceived liking for tho placo.
Subsequently hc bought out all othor tntorest8
in tho lnanufactory at Now Dsunawic!t, and, bo-
ljcying iu the future Of Tho groat Wcst, deter
mined to como lloro. just at this time, tho
cItixcns Of Mnrsci!leB, fn LaSallo County, had
built dam across the Illinois niver and wore
tlcslrouB of utilizing tho water-power. They
made liberal propositions to tho public at inrge,
md their efforts resulted In quite largo mum.
bcr Of manufacturing establishments locating
thore; amongst tho rost TINT Of Martin A.
Howell, Jr. do erected 4 substantial brick
building, thrco stories high, and at once re-
moved his machinery from, New Brunswick to
AIarBcilleB. Doforo doing this, however, ho had
it MI repaired, md; what vas worthless or worn
i %ooI.t o$
proved design.
In tho course Of transit from ono point to au-
other lo Ind takcn out insurance to d large
amount, to cover marntme and othor riRks.
Whom it reached NiarscilleB and was placed
in position, ho insured it in several companies
to an aggregate nmonnt Of 800, 900. Ono Of these
policies was for $4,000 In the Hartford 1nsur-
anco Company, dofondants IN tho prcsont suit.
This policy wnp taken out In the mouth Of May,
1869. In the carly part Of October Of that year.
tho cntiro building aud contents wcro destroyed
by isrc. This event occaHloned quito an excite
mont iu Mnrsclllcs and tho surrounding
country. 1t was Unlimited tint tho burning was
tho act OF M incendiary, and ultimately Felix
Higlcr, tho watchman Of the premises, was ar
rested, aud n preliminary examination had be-
fore Justice Lockwood, ut Ottawa. Mr. Howell
procured tho services OF tho late Julius Avery to
defend siglor, and also tried to obtain tho SER
vices of the Into o. G. Gray, but that gentleman
was abBont from homo, trying the celebrated
Kennedy will cAse Mt Io1kville, In Kondall
County. Tho prosecution waB conducted by
Charles Blanchard, State Attorney, aud John
Van Ar1nal,, Of Chicago. The result was the
ncquittRl Of Sger. . ......
THO next phase in tho drama, was tho arrest
OF Howell bilsolf ind his trial ut tho Juno term
of 1870, in tho Circuit Court Of LaSallo County.
Tho triul lasted sixteen dnys-wnB most 6p!cn-
aitlly conducted, aud terminated with the acqnit
tal Of Mr. Howell. As In tho previous oxamina-
conducted by stato's-Atterney Blanchard, for
whom tho INSURANCE companies retained tho
assistance of John Van Arnlan and Il. 4: Boyle.
Tie defence was in tle hands Of o. G. Gray,
9uus avery and Goorgs y: w. stRp; nrocoo,
ings, 2lr. Howell Immediately demanded Of tho
insurance companies tho payment OF tho amounts
Of their several policies: 10 this. two or thgeo
companies ut onco acccGed, but tho minority did
not. Tho most CcrInaciouH Of tho several conf
pnnies in itB opposition to Mr. Howell was the
defendant III tllo present caro-.
10 rccovor from them Mr.. Howell brought
Huit in the Circuit Court Of the United States for
the Northern District Of Illinois. Records were
made, lepositons taken aud filed, when tho
groRt iiro Of Chicago camo and swopt away every
document. This CAUSED the trial to be delayed
until now.
1Gu1q
Morris y. Smith, Felix Siglor, and another man
named Shaw, wl,o wore related to ouch other by
marriage, made nflidnyis completely oxculpating
Mr.. Howell from any completely III tho matter:
On thu trnl Of tho case these Witnessed testified
directly the contrary to their preceding aill-
davits, aud statcd that tho allllnyita u1ado by
them had beon frnudnlcntly procured, with tho
expectation mud hope Of peculllnry reward from
Howell, as promised by him to them. Failing to
receive such Iowali, tley had beconio apoatles
,f truth, aud testified, ,~-siglor, TINT ho
aad Bot 1ito to tue building ut tho
procurement Of Howell; Smith TINT he had
bcou tho instrument for obtaining Sgler's scr.
vices, and Shaw that he lad sccu sigler i'll tho
building in tic act Of acting lire to 1t.
tho subsequent history Of the case. tho nature
Of tho Testimony OF, tito present trial, and all
other matters connected with it, arc 20 clearly
nud lucilly stated in the charge Of the Court
that We refrain from further shifting tholn.
NOVEL. pAucEED1NG.
On the opanng Of court yc.,lerday,-th argu-
1nenls hasi,lG been concluded OIL TueslAy, ,--the
Court WAS ready TO churDe tito jury. Mr. Dcx.
ter, of counsel for the defendant, aroge and
stated TINT MS Alr. storrs, in hts closing argu'
ment, had introduced iungnEfylng lenB by which
10 tost The gcnu'nesa Of IN entry OH tlo regis.
tor Of tho Clifton House, Ostawa, ho doHitcd
to Introduce expert testimony to rebut tho 'l,'
fcrcnccs that might be drawn from sslch tosti-
mony. T4is was objected to, but tho Court al'
lowed It to 10 done, and Prof. Dabcock and Dr.
II. 4. johnson testified in this respect, inrodnc
ing compound microscope ca!led '''bulH full
sized bnocular stand MICROSCOPIC. 1ua.lo it
London, aud acknowledged to be tho best in
B,rulneut eEtuut. THO object was to provo thai
tho namo "aIarin 4. Howell Jr., New Bruins
wick, Now Jersey. 7" made Ill that register, va:
made aftor, aud not before, tho entry ca ths
next line
This hnving been attended to-,
JUDGE ULoDGErr's CHARGE 70 THE Juny
was delivered, and was substantially ns follows
Tho riaintiN In th!s casu eceka to recover upon
illtf fhct t14f,
date I,,no i5 1884, whereby tho defendant insured TIL
purcr-haugng ,nanufactorr of the Iaipti, sitnatet
il. Marsets, IN thIs State, aglat danags by firt tt
thu amount Of GU0 tor tlIt period Of ouo year from
tue tate Of tho iulicy,
10 sustain this cuim In the opening tho plaintiff
proves Tho ilso Ut llB policy, tllo fact that h!H bl
in was burned OH tho III Of october 1901 during th
lie Of the policy that the loas was total a.il ti!at y
had III duo t'o furnished 70 tho defendant the notic
that that cydel,to n,ado out apria fac!o case, til
liAnti1l rested. ....