New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-08
THE MEDICO-LEGAL SOCIETY.

DISCUSSING MYSTERIOUS DIsAPPEARANCEs AND
MEDICo-LEGAL EXPERTS.
A meeting of the MedicO-Legal Society was
held at the Mott Memorial Hail, No. 81 hadson'aVe,
last evening In the absence OF the president OF thu
society exsurrogate Calvin presided paper was read
by william G. Davies Mysterious Disappearanees,
and Prescriptions OF Death Insurance Cases" After
citing various cases Of ster0us disappearance. In
some which tie missing person had subsequently been
found or reappearsd after the lapse OF considerable
time, he sald:
The cases related my opinion Of interess
70 Justify examination II the Law relating 10 presnnp
tons ofdeatn Best on "Presnmpdonsof Law and Facts
states he rule 10 that tie death Of any person once
Trimmed by jary and when the body forthcom
ing as legal presumption Is In favor Of the coutn-
OF n a the
aud been heard of for oug time the prssu@p-
piratlou oil seven years from the period At whlcL
be was last heard Of The same ruio holds generally
with respect a person who has gone away from ul5
usual aoe OF resort and Of whom no ac on can oe
given, but the presumption does not eitesat tne LOO
the end any particular period OF the seven years.
number OF legal authorities and decisions OF the
than quoted the law In such cases tnor
oughly reviewed Several growing out of the dis
appearance OF persons whose lives were Insured were
cited being that where person studous IN LIS
habits attentive his business having fixed and per-
manent residence, and surround ny those mhuehces
which are calculated eudea him 70 his
aud accOuutably disappeared aud Mr. Davies sid:
There ia no wild improbabi!ity assuming that per-
son situated tue insured In the case as ced Lay
from home and conceal himself else TIete' lor
reason I'm known others but satisfactory 10 himself
And this IL the only have found la WHOM IL was
held that ABSENCE in ITSELF anu unaccompaIeI ~
any proof Of importing danger 10 ire
was suucient Justify jury IN 1ndng therae OF dtah
The opinion supported neither oy reason nor
authority and may be regarded a. OF snght value Is
pre- deut. -,-,-
seine years ago life policies were issued containing
provision that presumption OF death should arise from
tinued IN orce by the OF premiums throlghOus
the expectation OF life OF the person upon
whose death the contract matured according 70
the date Of policy This Is probably the faest rule
for all concerned. 1t gives the company What IL nad
tue ght To expect when 1t issued tAe policy, and re-
cures tue Beneficiary pay Hn1t lie should nave OK
Dec ed 10 DAY Ia absence % any such provision tns
question OF death IL one Of TACT, ana the ruo
VI presumption appears To he, That II tne
insured was exposed any circumstances OF spe-
cal peril, such clrclnStAnccs, CONFORMITY win MS az
sence VIII justify the IN nn1nS tie 1ict OF ueatn
but without such circumstances were unexplained ao-
seuce will huding before tue eAplra-
ton years. After that period. the oaidrn OF
proOf shifts aud devOyes upon the defendant com.
pany q prove tnat the Insured - still Ia being.
The paper was discussed by exJ udge Hull General
George W. Palmer, j. Y. Williams ID. ). Rddel ana
Others The committee appointed to consider the paper
on MeCIco Legal xperts read by Dr. Wight st the last
meengwas not really report. but surrogate Calvin
BY request of the meeting, read paper ON Dr. Wignts
paper which he had prepared urs Withdrawing nom tho
committee OF which he had been menber. lie consd-
cred Dr. Wlghs proposition that experts should be s
pointed by the aud not employed by the gants
az perfectly feasible and highly desirable In regard 10
vDot etc duestions I'm ~ mental alienation ne
thought 1t impossible for me hca expert 70 Juuge rom
one isolated Uuucn OF Facts " The sanity or insanity
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