Evening journal., 1896-01-02
WILKINS JURY DRAWN.
Joel Cloud Challenged by Mr..
Bird.
COMMONWEALTH AGAIN

Ex-GeueraI Manager Hayward Admitted
That He Advised an Investigation OF the
webb Case Attorneys For the Com
nonweaith Did Not Put In Testimony
But Asked for Favorable Charge.
It was 10 30 o'clock this morning
before the Superior Court got down TO
business, Judge Msrvil being late In his
arrival
As e preliminary step, for the con-
venience Of the Jurors. jury was drawn
from the syscisl panel 10 try the
$50 600 damage suit Of William B
wilkins VS. the Mayor and Council OF
Wilmington Lsvi Bird and Andrsw
f SAuboru represented the plaintiff and
City Solicitor Harman aud Horace q
Knowles appeared for the city
Only one Juror wss challenged, be be
ing Josl Cloud, and Mr. Bird being the
challenger Those men who will try the
case when It comes up this afternoon sre
John w Csrrow, Thomas Vail, Charles
L. Reed, William Derrickson, Richsrd
Bonsail, George Casey. John G Arm
strong, Sylvester Murray. Samuel Gregg,
Abrsm Palmer, William B Ford and W.
w stroup
This accomplished the jurors not called
to the box we're discharged from further
atteudance while those drawn we're told
TO report for service at 2 30 o'clock this
afternoon
Charles L Hayward, whose sickness
caused adjournment OF the case Of
Townsend VS. this Commonwealth Bene
feisl Association. appeared ia court this
morning AID the case was taken up
where It was left oil Philip Q Church
man represented Townsend aud William
Il. Lyman aud Thomas Davis the de
fendant corporation
Mr. Hayward was sworn Ele ssid
that he Was general manager Of the
association for Delaware Ia 1898 and 1894
Daring that time be received lnstruc
tions from officers OF the Common wealth
to transfer business from any other
company la the state aud to make tush
transfer policies Immediately beneficial
He notified his agents TO that effect
Among tie applicants for transfer was
Mrs Webb, who held q policy In the
Prudential Company Her application
was granted and the policy mlds Of
immsdiate benefit
Me- Churchman presented several
books and papers Of the two companies
going to SHOW that the transfer was
effected and that the benefit was TO be
immediate They we're Identified by hr
Hayward and offered 10 evidence
Mr Lyman subjected the witness TO a
cross examination which brought out
the fact that bay had written a
letter to the association advising an 10
vestigation Of the claim incident TO Mrs.
W bb's death
II T. h..
effect OF hemorrhage that. when Mr.
Lyman had finished the cross-exsminR-
tion, be was discharged from furthe 7
attendance
Agent Collins, who wrote the Webt
application, was recalled 10 the stand
and testified TO the answers given by
1 MRS Webb ss to nor state Of health aud
showed that all the answers written on
1 the spplcstion had not been given by
her. be taking many OF them fol
granted, such license IN the uatter OF
1 fitting in being permitted by the com
pany when policies are for small
benefits
The plaintiff was recEllsd but not
allowed 10 testify. the other eide object
ing
Mr. Cburebmsn asked for leave tc
mend bis narr IN the matter Of form, h.
having used the wrong application in
drawing II, the variance being inmater
ial to the issue He did this to preclude
4 motion for a non suit on the ground OF
variance
The other side agreed to permit ths
amendment under certain conditions
Council for the defense went out.
consulted for a few minutes. returned
TO the Court and announced that they
would put In no testimony, bui
ASK the Court to charge the jury tc
render a verdict for the defendant
The reasons assigned we're that no proof
of death. ~ provided by the by laws oi
the association had been furnished tn,
association OF proven ia the case thai
tho claims for benefits should have beer
made In proper form and i'm
ediately; the plaintiff had not
prove that be was the beneficiary; that
certain answers we're made in tho sppli
cation we're. by tba evidences Of the
plaintiff. untrue; and, being warranted
statements, II untrue, they rendered the
policy VOID
Mr. Churchnan entered a vigorou.
protest against any such charge aud tC
sustain his contention, cited ssvera
authorities he said that this
question WAS one OF IaoI IOi
the Jury. and not one OF law for th'
court He was still arguing when cour
took recess, aud, as the court seems to b.
against him In the matter. may take
non suit this afternoon and bring anothe
suit at some subsequent time.
Two special Jury Cases Untried.
After trial Of the wilkins case onll
one other special Jury case viii remail
on the calendar IL Is that .
Wright VS. the WILMINGTON City Rsilwa,
Company. All the others have been
settled and report of such settlemen
made flom time to time