St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-09-14
IS A SINGULAR SUIT.
Hrs. Cathapine Clark's Action
Against the Capital
Bank
TO Recover a $1,000 Insur-
anee Policy or the Cash
Amount,
Which She Alleges Was OBJ
tanned by Coercion and
Fraud.
Bank Officials Decline to Yet
Divulge Their Own
Version.

IleG Ill llle UlSlIICJ COulI llio llOt HiHS
in singular suit, that seems at present
quite sensational. The allegations made
in the complaint are, of course, eX parte,
and the other side will come out i'll due
course of time and law. 1t is the case
Of Catherine E. Clarke against the Cap
ital Bank of ST. Paul for the recovery
Of $1,000 in money, or the reassignment
and surrender of an insurance policy
alleged by plaintiff TO have been
fraudulently stripped of her by
William d. Kirk and j. II. Sanders.
of defendant bank and an attorney act
ing with them as theircounsel. AGLOBE
reporter caught rumOr yesterday OF the
Intended filing of the action, and UNI
earthed the details of the litigation.
The complaint Will allege among other
things that the plaintiff, Mrs. Catharne
i. Clarke and Samuel ID. Clarke, were
married about the year 1917, that the
issue thereof was one son. Edward ID.
Clarke, who is married, the parent of
four children, residing in Illinois.
That for a long time heretofore the
plaintiff and her husband have owned
no property whatever except certain
life insurance policy. issued on the life
of Samuel ID. Clarke about june,
1878, by the Mutual Life In
surance Company of New York, for
$1,000, payable to the plalntit
aud only payable under statutory law
OF the state of New York. The policy
is paid up and dividend of $40 accrueS
thereon annually. That Samuel L.
Clarke, husband OF the plaintiff, was in
August, 1891, not only without prop
erty, but heavily in debt. Mrs. Clarke
is siXty-four years of age, an invalid
subject to extreme nervousness and If
ritability She has had no experience
in the business world, and knows but
little of the affairs of men. Her huS-
bands age is SiXty-Seven, and for some
time previous to the month of August
he has shown signs of physical and
mental collapse; at any rate, Mrs. Clarke
alleges that her husband was mani
TeStly unfit for commercial intercourse
with any one. Mrs. Clarke's illness has
been greatly aggravated of late by the
unusual and altogether strange and
alarming actions of Mr.. Clarke,
who wandered about his home
emgroSsed and seemingly suffering UNI
der some great mental stress. All this,
and the vague illusions he has from
time 10 time uttered. have so alarmed
Mrs. Clarke that at times she was pros
trated with fear of her husbands
health. Each effort on her part to elicit
the cause or nature of Mr.. Clarke'S
trouble proved unavailing, for he said
nothing ineligible until July 9, when,
after repeated beSeechlngS by his. wife,
he told her. with much agitation, that
he had been charged with terrible
crime, and that ruin stared him in the
face. lie said that the charge was made
by J. ii. Sanders. of the Capital bank,
who accused him (Clarke) with hav-
ing criminally obtained from the
bank Il large sum of money, which
crime, when prosecuted, would
send Mr.. Clarke to the penitentiary,
and that he (Sanders) meant to put him
there. Sanders is alleged 10 have said
to Clarke that nothing in this world
would save him from a prison cell but
the immediate surrender to the bank of
the 81, 900 policy. Clarke then rushed
from the house and left Mrs. Clarke
alone and faint, fearful of the imminent
disgrace TO her family. Believing that
what Sanders had charged and what
her husband had just told her might be
true, and that her husband would be
prosecuted, Mrs. Clarke was so daZed
and craZed with terror that she fell to
her couch well nigh unconscious.
That while she was in this con-
dition and within an hour after her
interview with Mr.. Clarke, j. ii. San
derS came hurriedly to her house and
asked her TO get the policy from out of
her effects and to accompany him at
once to the bank. Mrs Clarke alleges
that, fevered by what had already hap
pened, she was now insane with fear,
and begged Sanders to do nothing with
her husband. Sanders assured her that
he would not have it become known for
4 20 l.,
IicitOuS of Mr.. Clarke'S good name and
her husbands honor. Mrs. Clarke then
told Sanders that he could have the pol
icy if that would save her husband and
avoid disgrace. AS they neared the
bank she grew wild with fear. for she
believed from what Sanders said that her
husband would 90 to prison unless
she surrendered the policy to the bank.
She was informed that her husbands
debt, for which he was to be prosecuted,
amounted 10 about $500, and that she
had better give up the insurance. She
alleges that while thus terrified, bereft
OF all reason and Judgment, she entered
the office Of the bank, where Mr.. Kirk.
Mr.. Sanders. one Stanton, lawyer, her
husband and officials of the bank, were
waiting for her appearance. Here
every act and word by Sanders, who
was acting for the bank, was to the as
surance that If the policy was yielded
mp, the bank would not prosecute her
husband for his alleged crime. There
upon Sanders at once. without Offering
to explain what was being done, and
without permission to Mrs. Clarke's Sc
curing friend or council. or adj
vice fom any source, though she
was overwhelmed and paraIyzed
by the SuddenneSS and enOrmity of the
entire affair, and, while she did not ap-
precate or in the least understand her
act, proiIered her written paper which
purpOrted To be the transfer Of the pol
icy. Lawyer Stanton began reading it
TO her, whereupOn she repeatedly de-
clared to Stanton aDd his principals,
who stood about the room, that she did
not understand or comprehend what it
all meant, but that she would do any,
thing 10 save her husband from shame
and prison. In the very utterance of
these declarations, Mrs. Clarke alleges
that Lawyer Stanton continued to read
the paper, and no one offered to wait for
Or secure counsel for her. Again she
was admonished that unless she in
Stantly assigned the policy her husband
would be prosecuted. That without any
valuable or legal consideration what
ever she was. by this threat and proc
Mrs. Clarke alleges that when she re-
covered her reason and discretion she
comprehended what had been done-all
of which would not have been done by
her had She been a flee agent and not
coerced by the bank officials, who kept
her in duress and terroriZed her into
her act of assigning the policy to the
bank, ostensibly to shield her husband
from an alleged crime. She claims it
was bold, naked fraud, and that the
bank officials of the Capital bank well
knew that 1t was unjust. During all the
times of this transaction Mr.. Clarke
was, and now is and for some
time prior thereto had been, insane
and unable TO realize what he
was saying or do ing. What the
defendant and all its officials who par
ticipated in this fraud, as alleged, well
knew that Mr.. Clarke was III such unfit
condition and that. Mrs. Clarke by
reason of her illness, and the attendant
excitement Of this hurried affair. was