The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-29
SUPREME COURT.
Admr. of Geo. &. Hathaway's Estate
VS..
National Life Insurance Company.
Exceptions by the defendants

Exceptions by the defendants.
This case was before the supreme court,
held in Rutland, yesterday. The opening
argument for the company was made by
Warren II. Smith, followed by W. g.
Veazey for the administrator, the closing
argument being made by John Prout for
the company.
The exceptions taken by the defense to
the decision of Judge Wheeler, made at the
trial of the case at the March term of Rut-
land county court, are somewhat lengthy,
and we give the following abstract embrace
ing the principal points set forth;
EXCEPTIONS.
This is an action of assumpsit upon a
policy of insurance, issued by the defend
ant, insuring the lite of Geo. G. Hathaway
for his own benefit. In which policy was
a proviso, among others, that said policy
shall "bc void and of no effect" If the said
Hathaway ''shall die of suicide" The de-
PENDANT pleaded the general issue, with
notice that the defendant will prove that
said Hathaway ''died by suicide that he
voluntarily and wilfully took his own life
by intentionally shooting himself through
the body with pistol, for the purpose OF
destroying his life. 1t was conceded that
said Hathaway died on the LIST day OF June,
1871, from pistol wound inflicted by him
self, in the city of New York. The
plaintiff gave III evidence inc said
policy of insurance and the proof oil the
death of said Hathaway, furnished by the
1 l.fa ,,t nj IA
DEATH and the testimony of DIR. Pond,
that he was praciicing physician and sur
gcon. and was the physician of said Hath
away for several years prior TO his death
that Hathaway consulted him number OF
times during the winter of 1870 and the
spring of 1871, the last time two or three
weeks before his death, and that said Hath
away consulted SAID doctor ms to some
slight disturbances and nervousness during
the first part of the winter, and Offered to
prove by said doctor that during said last
consultation. the said Hathaway stated that
at times said Hathaway felt rs ii he must
take his life, that he had an impulse to take
his life, to which evidence the defend
ant objected. Objection was ovcrruled by
the court and said evidence was admitted
and said defendant excepted Also the
testimony of SAID doctor as to his, said
llathaway's appearance at the time from
his eyes he seemed to be nervous, and the
opinion of said doctor, that from his ac-
quaintance with INN he thought he must
have been insane at the time he committed
suicide
The plaintiff offered to prove, by persons
not experts. but who saw him and noticed
and knew from their own observation OF
the matters put in evidence concerning his
habits, ect., and who testified to what they
saw and observed; that in their opinion
upon what they had seen and observed to
which they had testified, the said Hatha-
way was insane at the time they so saw
and observed him, to which evidence
and opinions the defendant objected, but
said objection was overruled and evidence
admitted to which defendant excepted
and said witnesses testified that they noe
thought he was insane, but did not think so
at the time before his death.
The plaintiff also offered the testimony
of doctor, who testified that he was
practlcing physician and had made insanity
a special study and who was personally ac-
quainted with Hathaway and who had
once, two or three weeks before his death,
noticed the CLASSY appearance of his eyes
and his distracted manner that in his
opinion he was insane; that his insanity
would come under the head of melancholia,
and that the natural result of the insanity
he suffered would be self-destruction-
might be, but would not inevitably be-tO
which the defendant objected objection
overruled by the court and defendant eX-
cepted, and the testimony and opinion OF
the witness was taken.
The plaintiff also offered the testimony
of physicians and surgeons, as experts, one
of whom was DR.. Middleton Goldsmith,
who testified he was physician and sur
geon, and had been in practice thirty years,
and propounded to them questions, which
are given in full in the bill of exceptions,
to which questions and the answers there
to, the defendant objected objections
overruled by the court, to which the de-
PENDANT excepted, and the evidence was
taken.
The defendant requested the court TO
charge the jury:
/. Suicide is not evidence of insanity
but the law presumes every man to be sane
and the burthen of proving insanity is upon
the plaintiff here.
.. That there are degrees of insanity, and
that no degree of insanity short of delerium
or phrenSy, and whereby the deceased lost
all power of sclf-will and control, will ex-
CuSt tllc stilCluc anu cutltlc luC "
a verdict. That the state of the mind of
the said Hathaway, at the time he shot
himself, must have been that of madness
of delerium" to charge the defendants un-
der this policy.
3. The proyiso in this policy, as to sui
eide eXempts the defendants from liability,
if the said Hathaway took his own life,
although his act in so dong may be dis
tinctly traced as the result of diseased
mind, if, at the time shot himself, he had
sufficient reasoning powers rs to know the
natural result of his act.
H. If the act of self-destrucilon was the
voluntary and wilful act of said Hathaway,
he having at the time sufficient power of
mind and reason TO understand the physical
nature and consequences of such act and
having at the time, Il purpose and intention
To cause his own death by the act, ii acom-
ed the policy.
TO the refusal of the court to comply
with those I'd, 81 and 4th requests, and to
SO much of the charge as related to in
sanity of the intestate, because it allowed
the plaintiff to recover, when the intestate
had so much capacity and to so much of
his charge as related TO the statements of
the intestate to DIR. Pond, the defendant
excepted.
Evcaptions worn nlIoun1 nyncutinn