The San Francisco call., 1896-04-07
SUICIDE THEORY FAILS.
Mrs. McWhirter Will Receive
Over Sixteen Thousand
Dollars.
SENSATIONAL CASE REVIEWED.
The United States Court of Appeals
Af6rms the Decision of the
Lower Court.

The United States Court of Appeals has
decided that the Connecticut Mutual Life
Insurance Company must pay the wife of
Louis B. New hirter, who was shot and
killed at Fresno, the sum of SIS, 137 so and
costs.
This decision is the outcome of one of
the most sensational murders, and prob
ably the most sensational suit against an
insurance company, recorded within the
history OF California Jurisprudence. For
nearly four years this suit has been hang
ing fire before the courts. Essayists have
written and lawyers have proclaimed that
McWhirter, who was a foremost lawyer
and politician of Fresno, committed sui
eide, that his wife might acquire the emol-
uments of his several insurance policies.
These theories were at once dissipated by
The volume of evidence which the COM
plainants in the suit against the insurance
company in question readily presented.
Judge Knowles handed down the
opinion yesterday, affirming the judgment
of the lower court. 1t awards Mamie s.
New hirter, widow OF the murdered lawyer,
SIG, 1877 80 from the Connecticut Mutual
Life Insurance Company.
The action was based upon two life in
surance policies issued to the late Louis
b. McWhirter. One was for $4,000 and was
dated December IS, 1891, and the other
was for 500 and dated March Is, 1892.
On August %, 1892 McWhirter was shot
and killed in his back yard at Fresno.
The complainant claimed that he was
murdered, but the insurance company set
forth that it was case of suicide. 1t will
be recalled that the case was vigorously
contested by both sides at the time and
resulted in a judgment for Mrs. Nc
Whittier for the iull amount and costs.
The appeal was based on the grounds
that McWhirter concealed from the insur-
ance company the fact that he had ene-
mics who threatened his life; that the
court erred in charging the jury to the ef-
feet that the presumption was that Mc-
Whirter did not kill himself and for not
giving certain instructions requested by
the defendant; also that the demurrer to
the complaint interposed by the plaintiff
IN error should have been sustained.
"The cause of action" says Judge
Knowles, accrued before the filing of
the complaint. Hence the demurrer was
not well taken upon this point. 1t should
also be noted that after the demurrer was
overruled the insurance company filed its
answer, in which there is no pretense that
the cause of action had not accrued and
went to trial upon the merits of the case.
Unless the complaint clearly failed to
state cause OF action such action waived
the demurrer.
81 can see no error in rejecting the evi-
dence of Bernhard. 1t was sought to show
that McWhirter about four years before
his death said to Bernhard that if he ever
did anything which would bring disgrace
upon himself or his family he would kill
himself. There was no attempt to show
that McWhirter had, as a matter of fact,
done anything that had brought disgrace
upon himself or his family. 1t is true he
had been arrested upon charge which he
declared was without foundation. This
does not show that he had done the act
which would induce his suicide according
TO hls own declaration. That he had ever
upon any conditions thought of commit
ting suicide seems to have been regarded
as pertinent in the case. 1 do not conceive
this to be correct.
Many a man has talked of suicide in the
way McWhirter did, and upon the occa-
sion without any intention of committing ng
the deed. Then the purpose expressed
was so conditioned and so remote that
cannot conceive that any presumptions
were raised upon the point at issue. If
there were any presumptions to be raised
by such a declaration, | would say that it
would be that McWhirter was a man so
sensitive as to his honor that he would not
contemplate the committing of suicide
with the view of defrauding life insur-
ance company.
1.-The alleged error as to the charge of
the court to the jury that the presumption
was that McWhirter did not kill himself
has already been sustained by the Supreme
Court. In this case the plaintiff in error
in the court below assumed the burden of
proof and undertook to show that Nc
Whirter did kill himself. This was upon
the theory that the presumption was that
McWhirter did not commit suicide. The
contention of the plaintiff in error cannot
be maintained upon this assignment"
The court held that there were no speci-
fed threats against the life of the accused
and concealed by him from the insurance
company shown in the evidence. but there
was evidence of statements of political
enemies of apprehension OF bodily injury.
But there was no fear OF death from them.