The Portland daily press., 1874-10-09
THE CLEMENT INSURANCE Cash.
Verdict for Defense.

| Verdict for Defense.
The case Of Ruth H. Clement VS.. Economi-
cal Life Insurance Company of Providence, has
been on trial before Judge Fox in the Circuit
| Court, for the last few days, and has resulted
| in a verdict for the defense
This was all action upon policy Of insurance
| issued by the defendent company Sept. q,
| 1871, upon the life Of Joseph L. Clement of
| Brownfield, for the sum of 5000. The case
has been on trial for five days and resu.tedyes-
terday morning in a verdict for the defendants
| The defense was want of notice of preliminary
proof of death, and fraud. The last point was
the one mainly relied upon. The facts were
peculiar that we give them in full. George B..
Hartford, the main witness for the plaintiff
stated that on the afternoon of October 2, 1871.
he and Joseph L. Clement were at Cornish,
and were together during the afternoon; that,
they started for their home in Brownfield
at about six or little before, each riding in
his own carriage with Clement ahead; that
the night was moonless and very dark; and
that while on the road Hartford got out OF, his
carriage and got in with Clement and ate some
raisins; that before he got to Great Fails in
Hiram, he returned to his own carriage; and
that at this time it had grown so dark that they
could see the way with difficulty; that when
they arrived near the head of the falls, and at
a place where the road approached near the
bank of the Saco River. and while descending a
slight declivity, Clements started his horse up
and disappeared from sight; that he next heard
splash in the water, and driving up he heard
a cry, apparently from the river, which was
twice again repeated, as from person in dis
tress; that running down to the head of the
falls he crawled down on the dam and out on
the ledge, and shouted without reply; that he
then went to Hiram bridge, place two miles
up the river and there obtained assistance and
returned with a lantern to the head Of the falls
where they found the horse and carriage in the
river near the bank where he went off, the
horse lying dead; that they found white cloth
tn the road on the Cornish side of the place
where the horse lay, and the hat of Clement ON
the bank near where the horse lay; and that
although search was made no trace of Clement
could be found; and that he has never been
seen to this day. Plaintiff also proved that
Clement left wife and three children.
In defense testimony was offered to prove
that Clement was poor worthless fellow,
thoroughly dishonest and of speculative turn
OF mind, and without business during the sum.
mer prior to his disappearance, and living in
an old shanty claimed by Geo. b. Hartford;
that Clement and Hartford were ,intimate
friends and much together; that May 49, 1871
Clement obtained from the North Western In
surance Company of Milwaukee policy of
$4,000 ON his life; that prior to his disappearance
1,a had al
where his mother lived, and had his goods
packed for shipment at Cyrus Durgin's, the
brother of his wife; that Sept q, 1881, he OBJ
tanned of the Travellers Assurance Company
of Hartford an accident policy for eighty days
for $4,000; and going directly to Boston, Sept.
q, 1871, obtained $4,000 more of the defendant
company, making $1,000 III all; that he re-
turned to Brownfield, and obtaining a horse
and wagon of his brother-in law, Cyrus Dur
gin, went to Cornish as stated by Hartford,
but that instead of starting for home about
six o'clock, that Clement and Hartford started
about twenty minutes of five and lounged on
the road almost two hours in going four miles;
that at the falls the track of the wagon was
plain to be seen where it went over the bank;
that there was no evidence of fright of the
horse; and that the position of the horse in the
river, the curve of the wheel, the position Of
the cloth from the place where the carriage
went over, and the fact that at that place,
track of the horse was found pointing from the
river indicated that the horse andcarriage
were purposely backed over the bank; that
spot was found on the horses head between the
eyes with the skin gone as if from q blow; that
after the horse went over tie falls the skull
was found fractured and no water was found
in the lungs as would have been, had he drown
ed instead of being killed before he went into
the river; that Clement was man lame in his
left foot, which turned out and heeled down,
making a peculiar track and giving him a
hitch in his walk; that the next morning after
his disappearance, Clement was tracked going
toward Cornish, where he would cross the
river on the way to WATERFORD that after his
disappearance and within two weeks, he was
tracked between Durgin's hoase and George B.
Hartford's, and was seen by three different
persons in the evening at points between these
two places, and upon seeing them instantly
darted into the bushes and disappeared. Some
evidence was also offered tending to show con-
spiracy between Cyrus Durgin and Clement
touching the sale Of the house and raising
money to obtain insurance, but this was denied
by Cyrus Durgin. Evidence was offered,
showing the general bad character of George
B. Hartford, and his bad reputation for truth
and veracity, and no testimony was offered to
rebuff it. '"'
After careful charge from the presiding
judge, the jury found a verdict for the defend
ant company, thus confirming their defense of
gross fraud on the part of Clement and his
confederate, if he had one. ..f,.
The case has been closely contested. Messrs.
Clifford and Clifford appeared fo- the plain
tiff, and Nathan Morrill,, Nathan Webb and
A. A. Strout appeared for the defendant.