The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-06-22

Ruth Hart Beiags Suit Against tn
Modern Woodmeo OF America ana tn
Knights of Msecabses on Two Bench
Certincates Of 5000 Each-wnn b.
Carried to Court Of Last Resort for I
Precedsnt-Case of suicide One Yea,
Ago In wichita.
Two important insurance cases hays
been submitted 10 Judge Dale on agreed
statement: OF facts. Ruth Hart, for ner-
self and as guardian OF Everne L. Hart,
brings suit against the Modern Wood
men Of America and the Knights Of the
| Maccabees, on two benefit certificates of
$1,000 each. The plaintiff brings her
suit in the district court by Messrs
Amidon & Comfy. The orders appear
and answer by Messrs. Bentley & Hat
eral counsel Of the Observation-Disclosures
Held. and Hon j. G. Johnson, the gen.
crai counsel OF the orders. The defend
ans are fighting the cases, and will car.
" them to the court Of last resort. Each
one OF the policies stipulated that they
insured
die by his own hand within one year
from the dale OF issuing the policies.
whether sane or insane" Counsel for
the defendants plead this stipulation and
claim that the assured died by his own
hand within the year, all Of which is adj
mltted by the plaintiff This question
has never been passed on in Kansas by
any or its higher courts, or by the su-
pfeme court OF Kansas The present
litigation will no doubt secure a ruling
on this point. It will be remembered
That Ozro E. Hart Of Grant township
shot and killed himself after shooting
and killing his wife, at 256 North Main
street, In this city, on June q last year |
fulI account of the matter was pub |
Hshed in the Eagle at the time. Hart
became jealous OF his wife, and one Pitt. |
VINO soon after left the country for other |
parts. The shooting occurred on Sun |
day afternoon. II was all done almost /
instantaneously. The tragedy startled !
the town. Two shots killed both Hart
and his wife. Hart had taken out the
mutual insurance and joined the Macca-
bees and Modern Woodmen OF Ameri-
ga only few days prior to the killing.
Counsel in the cases after considerable
preparation Of the evidence agreed upon
the facts, and signed stipulation to this
effect. On this agreed statement of facts
The cases were submitted to the court.
Dr. Monday next Judge Dale will hear
'ral arguments from the lawyers Coun-
I'll will also submit to the court full and
careful briefs covering the law points.
Mrs. Hart, the mother of Ozro E Hart,
vas the beneficiary In the benefit certi-
icate against the Modern WOodmen, and
he minor son Of Ozero E. Hart, Everett
:. Har, is the beneficiary in the case
.gainst the Macoabees
These cases are being tried for a pre-
edent in Kansas, and are of more than
Usual interest to the members of these
-ders. ,
Ozro E Hart grew to manhood in
edgwick county. In Grant township.
lie married Ida Ash, the daughter of a :
farmer in Grant township He q
oined the orders named in Sedswick, +
nd he and his wife left large circle Of ,
riends and acquaintance in the north =
IN portion OF this county. Council for ,
ne plaintiff claim that when he took his
Re Hart was insane and not responsible
'r his acts; that insanity is disease, .
ne same as fever or any other all i.
lent. and therefore the fraternal or
ers, issuing the benefit certificates.
lust pay. This position is strenuousIy y
opposed by the counsel for the defense, .
nd they claim that the policies are =
road enough 70 prevent any recovery K
1 the certificates. s.