Omaha daily bee., 1899-09-21
DOINGS IN FEDERAL COURT
Knutson Damage Case Against the North
western Railway is Dismissed.
COSTS TO BE PAID BY THE DEFENDANT
Peculiar History meet with a
Suit Brought Against the ode
Woodmen of America to Col
Iect Insurance.

The trial of the damage suit of Chris
knutson against the Chicago & Northwest
ern Railway company in the federal court
yesterday was brought to a sudden termina-
ton shortly after the hearing had been re-
sumed in the morning. During the exami-
nation of the wife of the plaintiff objections
were made involving the suficiency of the
pleadings and the attorney for Knutson
made a motion for leave to amend his
petition. This was overruled by Judge
Woolson and the suit was at once dismissed
at plaintiffs cost without prejudice. Knut-
son sued for 5000, alleging breach of con-
tract on the part of the railway company
to give him permanent employment as
compensation for injuries he received In a
collision while in the employ of the COM
pany in 1898.
The trial of the suit of Mrs. Jessie Kerr
of Manila, Ia, against the Modern Wood
men of America was taken up. The plain
tiff sues for SO, 900 insurance on the life Of
her husband and the defendant order re-
sists on the ground that Kerr committed
suicide. The policies of the Modern Wood
men of America provide that If a man dies
by his own hand, whether sane or insane, 1t
invalidates the policy. The story of the
NuSo ~ " NOV NV ohb 10 u IiS
sensational order. James Kerr, the de-
ceased husband of the plaintiff in the suit,
formerly lived in Canada, where he was
married to the plaintiff. He became sepa-
rated from his wife and in time drifted to
America and settled in Missouri. After a
while he married the daughter of a farmer
in Sullivan county, without having, it is
alleged, first gone through the formality of
securing a divorce from the wife in Canada.
They had several children and Kerr be-
came q prominent member OF the commu-
nifty, both in church and social circles.
One day his barn was consumed by fire
and after collecting the insurance, which
was considerable, he induced his wife to
sign a certain paper which proved later to
be the sale Of their farm. Having secured
the money from the sale Of the farm, Kerr
suddenly disappeared, leaving his wife and
children, practically penniless. After a
while he turned up again at his old home in
Canada, where he became reconciled to his
first wife. firing of life in Canada he in
duced his wife to accompany him to America
and after living for some time in. South
Dakota and Nebraska they located in Ma
nilla in this state.
EVIL Day Comes.
At Manila Kerr became engaged in bus
iness as a contractor and built a number of
railway bridges for the Milwaukee road,
amassing quite a little money. He became,
as before in Missouri, prominent in church
and social circles and was one of the prom
inent men of the community and not one,
not even his wife, had any suspicion that
there was a CHASTITY skeleton in his closet.
He became a member of the local lodge OF
Modern Woodmen Of America and in March,
1895, took out a policy for life insurance for
So, 1000 in the order. He later became sec
rotary of the lodge.
One day, however, w. c. Irwin, county at
torney of Sullivan county Missouri, appeared
upon the scene, accompanied by a deputy
sheriff, armed with a warrant for Kerr's
arrest on the charge of bigamy. Kerr
asked not to let his wife know of his real
mission, to which request the latter con-
scented. Kerr told his wife that he was
compelled to go to Missouri to look after a
contract and introduced Irwin as a person
interested in the deal.
Having secured permission from the
county attorney to straighten out his private
affairs before starting for Missouri, Kerr
went alone to a room on the second floor
OF his house. A few minutes later a shot
was heard and on Irwin rushing to the
room he found Kerr lying dead on the floor
with a bullet hole through his head and a
iSNoiNei CluLCueu III HIS manu-. On the table
We're two checks with the nix barely dry on
them, one payable to the local Woodman
lodge for all of the funds in the hands of
the dead man and the other payable to his
wife for all the money he had in the bank.
In a note to his wife he had written that
he loved her alone and asked that she al
ways care for their only child, a son.
The plaintiff bases her case on the
grounds that the death OF her husband was
accidental and that while there was a pre-
sumption Of suicide there was no evidence
that he had come by his death by his own
hand Intentionally. A motion on the part
of the defendant company for the court to
direct a verdict for 1t was after a lengthy
argument overruled and the taking of evi,
dence will be commenced this morning.
WhittIesey Case Submitted.
The argument In the suit of the case of the
United States against the bondsmen of Rus
cell Whittlesey, to collect the amount tina
I Whittlesey embezzled, were submitted be.
fore Judge Woolson and he took his decision
under advisement. The amount involved II
about 81, 800. The bondsmen deny their liza
bility on the grounds, as they claim, tina
| Whittlesey was retained in his position a!
collector of customs at this port after thu
United States treasury officials were cog.
infant OF his defalcation. They also claim
that the embezzlement was committed afteI
Whittlesey had been dismissed from tn,
service of the government.
The suit Of j. X. Faubion against Jacol
McKissick was dismissed at plaintiffs cos
for want of prosecution after the jury haC
been impanneled and was in the box. II
this suit the plaintiff sought to recover $50,
900 damages for an alleged attempt on hi
life in Mills county in 1886, McKissick beini
claimed to be the assailant. Faubion wa
shot while lying in bed in a small log hu
and as a result became a cripple for life
McKissick, a neighbor. was suspected, blu
denied II and there was no proof of his guilt
He moved to California, where in course o
time he became wealthy. Faubion moved L
Missouri, where he has since resided. Abou
a year ago McKlssick returned to his forme
home and while there is alleged to have con
hded to a friend that he shot Faubion b,
mistake. This reached the ears OF Faubiol
in Missouri, who at once brought suit TO
$50, 900 damages.
~ z.a 1880 a..