The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-16

HEEL IIoLLIsTER, ADO ''''70''
Henry II. SMITH, Clerk
George &. EHathnway's Life En-
surnncc Case.
Saturday, March A.
The case of the administrator of the
Estate of Geo. G. Hathaway vs.. National
Life Insurance Company of Montpelier:
Dunton &, Veazey and a. f. Walker for
plff Paul Dillingham; and W. II. Smith
for deit., was continued this morning The
next witness for the plaintiff was
PETER LAvIGNE,
who testified Was driving hack in Rut-
land during the spring and summer of 1871;
knew Geo. G. Hathaway and saw him last
on the day he was last seen in Rutland |
took him to the depot that night he saw
me in the afternoon and inquired what
time the train left for Vergenncs he said
if he wanted me he would let me know in
the evening he engaged me to take him to
the depot at midnight, and | did so he
then inquired when the train left for Bos-
ton, and walked around sometime at the
depot before giving directions as to check
| saw Inn take the train for Boston.
CrUss-eXamined-He said nothing about
train for Vergennes at night ; the eastern
train went first.
LOCKWOOD BARRETT
was recalled and testified Mr.. Iathaway's
salary was $1,000 up to October, 1869
after that time 81 900 The witness cor
rected his former statement regarding
amount of stock held by Mr.. Hathaway in
North Rutland Marble Company, it being
$4,000 instead of $1,000, as before
stated.
MARTIN G. EvERTs
testified Knew Geo. G.. Hathaway from
his first coming to Rutland until his death
was not intimate with him till January
1868 he then boarded with me at Mrs
Nuts till April, 1871 after his wife died
| noticed n change in his manner and gen
eral appearance, and his manner of spend
ing money during the last winter of his
life he was gloomy and abstracted seeming
to lose the cheerful part of his character
the last time | saw him was the very day
he went away; he came to my house and
said he had a letter from Mr.. Scott. Of YER
gennes, wishing him to come there, and
did not know whether he could or not he
seemed excited aud talked of going to Sara
be back Saturday night; his eyes had
wild appearance and he seemed like man
in great trouble; he said nothing of going
to Boston, the last time he went to Boston
before this, he said to me when he returned
that while he was gone it seemed as if he
should never see Vermont again | asked
no explanation he went on to say that he
had got the Marble company in such way
that business was going on again noticed
propensity to buy unnecessary articles
| growing upon him; this was when he was
short of money.
Cross-examined I knew something of
his finances, but not to any great extent |
loaned HIM money several times the last
time | think was the 30th of March, before
his death, which he never repaid he was
always particular to pay before that.
| Question-With that consciousness that
lie owed great deal of money, and with
| his sensitive nature, would not that account
| for his abstraction?
A. 1t would to some extent. | never
knew what he intended to do with his
horses at Vergennes he had them broken
at considerable expense my impression
was. at the time of his referring to the idea
that he should never see Vermont again.
that he meant if he did not accomplish
what he went there to do.
L. a. MORSE
was recalled First became acquainted
with George C. Hathaway in 1865 he then
lived next door to me we were very intl-
mate, almost every night being together at
one house or the other prior To the death
| of his wife he was always in fine spirits
pleasant, genial and full of fun he was
very much attached to his wife, and her
death very much depressed him | noticed
a great change in him afterwards he was
very careful of his money before her death {;
the last years of his life he was very pro-
fuse with money anything he wanted he
would buy no matter what it cost he al
ways told me he intended the horses for his
own use; was to pay $500 for them they
were sold after his death for $500, with I'M
additional expense of SG2 for breaking
them
ross-examined. He bough the colts one
year before his death Mr.. Scott was hired
to keep them one year ] knew of nothing
eXtravagant about the repairing of his
house his father furnished the money but
complained some about 1t ; nothing uncom,
mon here for a man to drive a span OF
horses don't remember when his wife
died, but it was five or six years before his
: death.
DIR. CHAs. wooDHOUsE
recalleu / regard the 'Anatmony OF SUI
eide, by Winslow, as a standard work.
Counsel for the plaintiff then read re
quest to the jury to the effect that if thu
deceased was impelled by an irresistible
and uncomfortable impulse to commit sui
eide there was presumption of insanity
and if insanity the defendants are liable.
A plea was then made by counsel on botl
sides, under agreement, to ascertain VIVA
charge would be given the jury by tn,
court.
, WALTER O. DUNToN,
for the plaintiff, cited several cases whcr
] rulings had been made by the court in ia
| vor of plaintiffs similarly situated. TIN
, case of Estabrooks VS. Union Mutual life in
surance company, in Maine, reported il
0 Bliss, p. 1855; opinion gwen by Chief Jus
tice Appleton, in case of similar policy
that insane suicide was the same as any di
/, sease also, Brestell vs. Farmers Unlol
4 loan and trust company, before Judge Mel
C son, in New York, reported 4th Hill p. 10
the plaintiff being drowned in the Hudson
river by his own act while insane the de
: PENDANT demurrsd to the decision of no ex
emPtion fiom risk, appealed and judgmen