The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1895-07-12

A trial involving $1,000. and Ringing /
upon the question whether or not muir /
der Is an accident was decided In the /
affirmative by jury In the United I.
States Circuit Court few days ago.
The murder was committed In Dallas.
Texas. says the New York World.
One Of the leading business firms In
that bustljng town was known as
Langdon. Gin a Parrish. lumber mer-
chants. Young MIR. l.angdon was the
senior member. and one OF the most
popular men In the town. II was his
social success. 40 II was said. that led
TO the first quarrel between him and
Parrish. the third member Of the Arm.
In December. 1892. Langdon took ont
a policy on his life for 5000 In the
United States Mutual Accident lnsur-
ance Company Of No. 800 Broadway.
this city. About two months later Sc
rioua difficulties arose between him AMI
his partner, Parrish. The latter, on one
occasion. when GIL. the other member
Of the firm. was out Of the ONCE. locked
the door. and. drawing a pistol. at
tempted TO shoot Langdon. The latter
grappled with him. and managed TO
hold the pistol on his person. while he
begged 40 hard for his life on account
Of his wife and children that Parrish
rclcntod. The men shook hands. and
TO all outward appearances became
good friends again.
However. on the evening Of October
%. 1898. while l.angdon was returning
home from church. aud was Just about
opening the gate leading to his home.
some one stole mp behind and struck
him fearful blow upon the head with
n long piece OF gns.plpe having heavy
knot IN the end Of II. II was found be-
side Langdon's body when he was dis
covered by friends a few minutes later.
lie was carried Into his house. but died
next morning.
a negro who was arrested for the
crime confessed and implicated Par
IRISH. Parrish was also arrested. and
when In Jail succeeded In taking his
life.
Stella +. Langdon. the widow Of the
murdered man, and the beneficiary
named In his Insurance policy. put In
her claim for $4,000. The company
promptly refused to pay the insurance.
c0ntonding that Langdons death was
not the result OF an accident. as In
tended within the meaning Of the pol
ley. Mrs. Langdon NJ once instituted
suit In the United States Circuit
| Court for this district. and the case
came mp for trial before Judge Wallace.
The ease was 30 unusual that the court
room was crowded on the trial day,
principally by lawyers eager to hear the
evidence In 80 novel a suit The case
for the plaintiff was presented by Leo
pold Wallach. OF No. 90 Wall street,
and that for the defendant by David
Murray. Of No. 800 Broadway. Argu-
ment on both Sides was brief and the
ease was settled In an hour and twenty
minutes.
Mr.. Murray contendcd that nothing
could be an accident the result OF
which was intended by the person COM
hitting the act" In support OF the
theory he quoted extensively from
works giving definitions OF the word
accident as something occurring "un-
| ioreseeu and not Intended" lie held
that in Langdon's case death was in
tended. and therefore not an accident
lie also supposed case.
Here" he said. is man who has
been killed. You tell a friend. and he
asks: How did he die; was II an acct
dent?' and the reply would come nat
urally, No. he Was murdered
lie also quoted from book on medl-
co-logal iurisprudeqce, which defined
killing az homlcldal, suicidal and acct
dental. and declared that the obvious
inference was that homicidal and accl-
dental were antagonistlc terms,
Mr.. Wallach's argument was even
more brief He held that anything and
everything not In the natural order Of
events to be expected or anticipated
was tecidental. lie cited decision
recently rendered In the United States
Supreme Court TO the eject that even
the suicide Of an insane person was an
accident within the definition OF the
term in law, and also quoted another
case wherein the death OF a man hanged
ug n ihuu was hhluhN'h W uf uu hNAl7
dent by the courts. Judge Wallace evil
IDENTIFY took the same view OF the mat
ter in the case OF Langdon, for he dl-
rected the jury to bring in n verdict for
So 900, the full amount Of the policy and
interest, for Mrs. Langdon.
This probably settles one Of the most
unique suits ever tried In the Federal
court. and establishes a new principle
In Insurance law.
The Insurance company has not yet
announced whether II will appeal the
case. II has thirty days in which to
file the appeal, but It Is understood that
the lawyers for the company recognize
that the decision OF the court would
not be oyerruled. Judge Wallace's de-
cislons rarely are,