Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-16
judgment Rendered For $1,000 and
misunderstanding Insur.
ance Shit
Company Trying TO Collect On Note.
Alleged TO Have Been Secured
BY Fraud.

terest.
This verdict created no surprise and,
seemed to meet the approval OF a ma
Jority Of those who became interested
IN the suit during the trial.
It Is presumed that Mr.. Shoemaker
Will take steps to collect the amount
OF the Judgment for his ward, and the
question arises whether the two at
~torneya who secured $500, or one-half
the total amount, for their services In.
making the settlement between Mrs.
Birks and Mr.. and Mrs. Turner. ian II.
any way be held responsible for their
portion. This VIII be . point to be set
tied between the two attorneys who
benefited and their clients, Mr.. and
Mrs. Turner.
The jury3after retiring first voted. on
the question Of the sanity OF Mrs. Birks
and the jury unanimously decided that
she was of unsound mind. on the
question Of the liability OF Mr.. Turner
in the present suit the jury on the first
ballot stood 10, to 2, on the second II to i
and on the third voted that ne was
equally interested with his wife in the
transaction and therefore Judgment
was rendered against both Of them.
MI. Shoemaker soon after the COM
mef1cemernt Of the suit levied on forty
two acres OF land In Timber Creek
township dn which Mr.. and Mrs. Tur-
ner nave an equity. They admitted al
the time that their portion Of the
money secured from Mrs. Birks had
been invested in this land.
The suit OF the Northwestern Life
and Savings Company, OF Des Molnes,
against Martha A. and Trixie shapcott
was called at the conclusion Of the
Birks q g This is another Interesting
legal controversy and Is an attempt te
collect on notes which the defendants
allege were procured thru fraud. About
two years ago the company had In Its
employ an agent named g. C.. Otis, who
appears. to have been doing busineM
BY methods that were not exactly legi-
innate and at that time he gained con-
siderable newspaper notoriety turnout
the state. He came TO Marshantown,
pushed himself to the front among re-
lisious circles, spoke at the Z. N. G. A.
rooms and in some Of the churches, and
wrote insurance among the youne
ladies. BY Misrepresentation he Sc.
SNAGN OIaeCne n Ml6SSE
Shapcotts to papers which later turned
up al notes for something over 500. He
left them with q bundle OF papers sup
posed to have been advertising circus
lars. but among these. it developed,
were regular policies Of insurance. The
company In its Iii sets up the plea
that no matter II the notes were pro.
cured by Misrepresentation and fraud
of their agent, the signers are liable
because they retained the insurance
policies.
Several other young ladies of the city
were insured In the sar1e manner by
Otis. but they learned OF the deception
that had been practiced and compelled
the company to return to them the
notes.
The following jury was secured be-
fore adjournment and the taking OF
testimony was commenced: N. o.
Keene, Lee Arney. G. w. Haddock,
John a. Tisson, Bernard Jansen, John
Blumenshine. "A. A. Howell, y. F.
Brand. w. Z. Merryman, E. L. Mono
hon, A. c. Sharp n r. B. Emes. The
hearing occupied all OF today.
Eliza Ann Allen, who came to the city
three months ago from Oskaloosa, has
commenced suit for divorce from Joel
Huntington Allen. She alleges that her
hubbard is addicted to drunkenness
and cruelty.