The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-17

the particularly used, all OF when spoke
as from the grave. If the jury found evil
dence Of calmness and deliberation IN the
writing of these letters. then the court would
tell them the case must be made out for the
de ense or IL the deceased had gone about
the business of writing them with the in
tention of committing suicide, then the in
surance company, on the terms of their
contract, were not liable.
Mr.. Smith was followed by his associate,
Ex-oov. DILLINGHAM;,
in brief but very effective argument lie
commenced by saying the case was i'm
portant not so much as regarded the
amount at stake but as to the principle es-
tablshed In all policies of insurance
proviso in regard to insanity was always
put in to meet the oft-recurring fact of sui
eide by the applicant. The impression
had become strong that in many cases par
ties had created an insurance upon their
lives with a view to suicide. which had be-
come very frequent-so frequent that 1t
became matter that affected the interests.
not only of the Insurance companies. but
of the people at large. and the inquiry was
often raised how lar that covenant was
good. In regard TO an allusiOn made as To
the corporation being wealthy, he would
ask what had they which they could call
their own? The funos were taken in
trust by them to be distributed TO those en-
titled to them; . sacred deposit to he left
behind. four-fifths of which were for tie
benefit of wives and children. The com
panv held it as u sacred trust. and ii was
for The Jury 10 decide whether the amount
claimed by the plaintiff should be taken
from This fund, which. instead of belong
ing 10 the corporation, was held for high
and honorable purpose.
i was very questionable that this man
was insane. lie felt conscious that any in
sluity he might have had did not take
away his self-control. If there was nothing
in evidence to show this the plaintiff could
not recover Such n case was new in Yer
mont. but not in New York. There, rs
quick rs n crime was committed, the cry
had always been that the man was insane.
and all the ingenuity of friends and counsel
was called mp TO prove the idea. The time
had come. however. when substantial evil
dencc mu, be had an such preteXt had
to be abandoned. Now the plea was self
defense This was much more wholesome
than the old dodge of insanity. The coun-
sci then took up the letters written by the
deceased and referred to the crOss-eXanilna-
tion of b. A. Hathaway The latter had
testified as to the history of the deceased
that he had always been an extravagant
man. always fond of excitement. The
counsel for plaintiff had put in evidence
that deceased was absent-mindcd. His
brother said that in this respect he was like
his father and the rest of the family that
when IA question was put it would not re-
ceivc ready reply. This was, then. con-
trvance to make up case of insanity. He
then referred to the testimony of Evelyn
Picrpoint and the fact that deceased was
clerk in state treasurer's office; that he after
wards started the marble company and was
made treasurer to the testimony of Mr.
Young. who said the deceased was not dis
honest but had no financial ability and that
he did not suspect him of defaultng. Then
the happy years of welded life were de-
scribed with touching effect then the old
idea that every household had It's skeleton,
and that, as in this case, when that skelc-
ton became constant companion life be-
came torture. Deceased had no conf
dant on earth TO disclose his trouble to and
he waited until death was preferable to dis
closure. Suicides such as this were every
day occurrences, where there was no insan-
ity. This Observation-Disclosures men
toned had been proven to be heredi-
tary. The letter to the company was
wonderful exhibition of the mans sanity
Insanity was delusion which perverted
everything and presented all in an untruth-
full light. He then referred to the test-
mony of Messrs. Everts, Stimson, Drs
Mead and Goldsmith, and finally challenged
the Jury to find in the valedictory letters
any evidence of one lost faculty of mind
He rehearsed the incidents of his death,
and in closing referred to the influence
which the decision of the jury would have
upon society by the precedent established
The court then took recess until 0
o'clock this morning, when w. G. Vcazcy
will close for the plaintiff