New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-11
TO GIVE A SEALED VERDICT
SUMMING UP IN TIE NOTED TYLER CASE

ONE LAWYER THINKS THAT THE MAN KILLED HIN.
SELF, THE OTHER SCOUTS THE IDEA-rHK TVS.
TIMoNY.
The final testimony I'm the suit OF r. II. Smith,
beneficiary under Il fe insurance policy OF 10000
tho life Of John Tyler In the National Benefit Company,
to recover the money, in the decision OF which com
panIes holding about 100000 insurance on his lfo
are interested, was given in tho Supreme Court in
Brooklyn yesterday
The cross examination OF David Mlse was concluded
without eliciting anything OF Importance. DIR
Charles f. Phillips. specialist in aud throat dis,
who had examined Tyler for insurance. testified
that be was in good health and frstrate risk There
no evidence OF excessive OF liquor Mrs. Tyler
recalled aud testified in regard TO medical examina-
lions of her husband for Insurance. AMI said that she
opposed to the idea OF life insurance +. H. Smith
the plaintiff, recalled and identified certain papers
exhibited in the case.
Colonel Henry j. Bowen, q nephew OF Henry G
Bowen OF Z" The Independent" had been sought
by the defence a witness for several days. testified
that he knew Tyler for time before his DEATH and
had boarded az the same house In Washngton-place,
New York. IN 1885 At Tyler's request he went TO
Boston and his brothers about getting some money
for him. but was unsuccessful and so Informed Tyler
had conversation about suicide. and J. j. Lutkin who
boarded In the same house. was present
THE EASIEST WAY To COMMIT SUICIDE.
When Tyler asked about the easiest way to commit
suicide Lutkln said 1t would be by taking morphine
he said he broker and had desk In H. d. Faux
ners Office at No SO Cortlandts, but he paid no rent
and he did not know who leased the office.
The witness then asked IL he arrested or
in prison arrested for stealing pair OF trousers
and overcoat aud cheating boarding house keeper
I decline to answer" his reply lie was also
asked II he was ever ledger in the Arlington House In
Fifteenth and had he been arrested there ana taken
to the Jefferson Market Police Court but the question
ruled out were these queries;
Were you ever fugltiyc from Jusuce e. ~.
Were you witness or an informer In the star Route
further testimony the witness. said hs relations 70
d nS'e @. awy ad es lie
took note OF Tyltrs TO Boston once and had discount
$500 or $500 himself paid debts q Tyers with the
balance. In July. 1856, Tyler said 70 him;
suicide before will become pauper" AT the stevens
House alterward he heard Tyler talk about suicide aud
certain solution OF morphine. Tyler said then hs
Thought OF suicide. The witness said that made NO
and was not ordered out of mis- office. He denied
that he had ever been convicted OF felony Mhateve,
wrong he had done had been committed when ne Mas
drunk and he was reformed and for year and
half had been leading upright life lie obtained the
title Colonel on Governor Fenton's stan
DISTRIBUTING COLONEL BOwENS EVIDENCE.
j. ]. Lutkn recalled and denied being present at
any such conversation with Tyler Bowen hal testified
to- and he characterized Bowen fraud and liar and
said he had never had any business transactions win
was member OF Governor Fentons stan. and he knew
Colonel " Bowen.
motion was ua after the evidence was concluded
to dismiss the the ground that fraud had been
demonstrated but it denel by Judge Cullen. lie
the should go to the jury he thought that
suicide would not invaato policy unless 1t co MI be
that it designed before the policies haI been
secured.
The case fer the defence was summed up by Abel
Crook, who claimed that the evidences of deliberate
fraud he part Of Tyler we've Overwhelming, ana
that wnen b4nmupt and unable to pay tiihe OF the
DR. mum, on his assurances he poisoned himself fOf
Tho benefit of his relatives and BUSINESS associates
The for the plaintiff was presented by Alr sh1ndy
who scouid the idea of suicide and claimed that Tyler
d a natural death, and that he had expectations o.
a fortune from his grand hers estate and insured HE
life to secure loans to enable him to carry on ihf
business enterprise he engaged In.
The case was given to the jufg at O'Clock ana
sealed verdict directed TO be brought In tins morn
Ing