New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-22


.c.,s ssa.nve ~ your health at that period. w'n
-. ~ sssst that insursncct A don't recoi'ec' an
ss.s.~ them but suppose It Ia 90; don't re0oi'ee'
sosx through the examination
q That IA your signstures A. That my s's"es
qua ,rerme on account of IT, that did 80 through ,no
"-~'.,. ,.,sus th, offcers took without which
hardly tsduk they would
O. Hev many timcs has ycur life been ins"red' a.
aort know but troo times that have ever OF my own
wisA-l-4i ' e' 4.
srxncess A. I cannot. .as
a Asrsar A Won can recoilectt A. Well. could mna
out suppose from my son. who IL here. exso'v '"e
dates $500
O We'll, an approximate statementf A. idon NnoW
IN the least; may bo liable TO come three OF iou years
out NJ the way. One OF them was very cary, ~a' -
s,rsd ID the think about tho year 1891 OF - VI
anna whore along there then there was second u"n
about 1885, or somewhere along there should say On"
sara tat must come somewhere IN the last vi INC
sos, ar IN 30 or somewhsre along. but cannot come
withiA y~ars oft, accurately.
q Jos ny Of those applications did you state these pre-
ronitseps Of aropexys A. I did not Sir.
Mr. Evars-That Is his statement hut 1t IA not an app
cation for life insurance m his interest '
Mt.Puerton--I did not say " MAS in his interest
Mr. Essrts--wel 4 don't that you miscalied H.
bus yoa spoke OF it as his application.
Mr. BeschThat Ia not the point OF the inquiry ~ ALL
Mr. Fullerton 1T IL Bis application for life insurance
I Mr. Evsrts--lt Ia an application - he stated In
Interest," for life In which he, as the
.rtt whose life is insured. answers certain ques
tians I i4l I'D. NJ -..-- ..-i - 'N
Mr. Fu!erton-very well that is all pretended it
Mr. Evaraswcll you miscalcd 1t; you spoke Of it as
his application
Mr. Fullerton Il ana not: it is application for an
insurance on hs life.
Mr. Ryar,s-Yes so-uobody elses application, and his
statement concerning lis own health
Mr.. Fplerton--Tast Is tho point, Sir: only READ
part of this in evidence.
Mr. Eyarts-Yon win put the whole paper in.
Mt. Pullcrton-Pat the whole paper in; certainly
Judge Nelson ron had better agree that copy may
he made and substituted for the original The insurance
company require that rctnrned, don't theyi
Mr.. FuIlCr;On-IOS, Sir; Mr.. ShearInan. VIII make
copy. suppose
judge Ncslson--I hardly think he will.
Tho wltness-Then II wlI be well done. Sir
Mr. Fullcrton-o, course 1t will; he writes the only
hand that can be Rad among us all, guess
Mr. Eyagts-Thcr is question Of evidence here which
egtt TO he considered, think. by your Honor. The in
aury put 10 Mr. her concerning his own ife his own
feelings views opinions or symptoms OF his own
health collateral and they take his answers on that
Now they bring in other statements of hisextrajudcla
statements Of his-Outside OF this trial. and so they
establish first u lateral point present statement
under oatii-wbich the matter usually-and then
they disturb hat by extraudicia statements not
under Now that IS perhaps somewhat new FORM
Of the quo ton Of what Is called collateral lmpeacn
ment The general proposition ia, that collateral
Impeachment ends with the Judicial inquiry, and
does not allow of extTaneOus evidence or
extra judicial Statements If that lie the rule Of evidence
applicable here this paper wOnld be excluded Now the
question may rise our side, whether that state OF
things he produced by counsel of judicial state
nent statement in court a collateral subject and
then Introduction By the party that introduces
thai statement collateral subject or extra
judicial statements supposed to be at variance win IT,
This is matter that attach importance to whatever;
but it ia proposition which your Honor will dispose OF
question OF principle, and which Will apply 10 our
case well rs 10 the other.
Judge Nelsor-I think the counsel. in examining the
witness this papsr and although there might De
for objection stated, to reading II III evi
denoe, think he has right to examine the witness upon
that paper and upon cc statement contained in it, by
way OF assisting the wness. qualifying what he has
said
Mr. Eyarts-weY should agree to that. He has
right 20 ask him any questions whatever about the
symptoms, OF his statements concerning them
Judge Nellson-Or his statements contained there.
Mr. Eyars-wel, ift is understood that it Is admitted
because Il lawfully admitted and after we have raised
the question, are satisfied.
Judge NesOn-Wel. Go on, Mr. Fullerton.
Mr. Fullerion-some of the questions and answers in
lhis paper are follows:
Has Inc party been afflicted since childhood with rup
ture, az. dropsy LIVER complaint bilious collie rheumt-
tiin gI, habitnal cough. bronchitis asthma splitting
nstua. or disease Of tho kidneys or bladder; if so,
Has tc party been afflicted with the disease of the
hart disease Oi any Of tne vital organs; So whchf
Has the party been afflicted during the last ten years
with any constitutional disease; IL So Wha
A. No.
Is the pary afflicted with any disease or disorder
II So whatl
Mr. Fuilerton-Anl then says. written across here:
No sicknrs except hay foycr and not that the last
three years.
And then, below:
t,xufna
life insured is correctly stated that he isnow and
does ordinarily enjoy good health; ana that III Inc ABOVE
proposal has bern nothing withheld touching the
past present of health or habits OF said person with
which the New-Je-scy Mutual Life Insurance Company
ought 10 BE- made acquainted IN order 10 effect inns lnsu
ance And undersigned has an insable interest
the life OF the person proposed to DC Insured 10 the i
Also that the above are fair and true answers to the
foregoing queson ana Is ana ag SoT
the O the contract for assurance ana aIso ta any
in resard TO the persons health pay the pre-
niuui tho day u shall become due VIII rem
der The policy null and void, and forfeit all payments
made thereon Except as provided in tho policy and it is
also understood and agreed that under no circumstances
shall the policy br in force until the actual payment TO
and acceptance of the premium by the company or Its
authorized agent
II is signed H. W. Beecher. and J. b Ford Co, and
witnessed by person who, II he has name has not
written II plain enough for me to read it,
The Witness Having the paper in his handl-Do you
offer it for marking, Mr.. Fullcrtoni
MI. F,llerton-Ies.
Judge Neison-The copy that is to be made will he
marked rs substitute for that Mr. Fullerton will make
that copy,
Mr. Fullerton-I will, but win require the certificate
Of the Court that II is copy, II write 1t.
Mr.. Beeoher- win write 1t for you and sign It,
Mr.. Pulerton-You cannot certify to 1t. ITO Judge
Neiison1 II your Honor please that closes the cross
. The paper was marked Exhibit No 13l.
t. THE REDIRECT EXAMINATION.
I 10