The Providence news. (Providence [R.I.]) 1891-1906, 1900-11-01

ton OF Facts by detectives III behaIf OF
the Berkshire company that on June 30,
1897. the two defendants entered Into
conspiracy to procure life insurance I'm
the Berkshire Life Insurgnce Company
on Thomas L. McFadden. who, at that
time. the detectives maintain, they will
prove. was I'm the last stages of con-
sumption, and his death was a matter
only of -weeks---
On July 9. assumedly. Thomas r. Nc
Fadden appeared before Dr. w. r. Nor
rison. medical examiner for the Berk-
shire company. was examined and found
to be In good health.
CLAIMS or THE DETECTIVES.
This man who was substituted for Nc
Fadden the police maintain TO be Fran
els Roche, who played very important
part in the cuse On July 20 the policy
in the Berksire company, which had
been executed properiy. was made out
in favor OF Francis Roche.
On August is Thomas y. McFadden
died. The proof OF death was I'm turn
properly executed and the $500. less GER
tain charges OF about $S5, was made pay
able by the Berkshire company, through
Hugh j. MSGinn, the agent OF the com
pany, 10 Francis Roche, the assignee
named In the policy.
This substitution of man in perfect
health for man said TO be at deaths
door was the basis OF the action, as 1t is
said by the police that McFadden knew
nothing OF this insurance policy. neither
did his people. and that the signing Of
the name of Thomas j. McFadden was
at that time a forgery.
AT the time Of the arrest OF Or. Kelli-
her he was asked 10 make a statement as
TO the presence OF his name In indorse-
ment OF the check by the Berkshire com
pany, which was paid by the Rhode ISL
and Hospital Trust company of Provi-
dence to Francis Roche.
DR.. Kelliher stated that Roche told him
that he desired to pay bill due the doc
tor by his uncle, amounting to si2o. and
In order 20 secure payment he Endorsed
the check. His Endorsement OF this check
Is. however, considered by the detectives
as particularly discriminating.
A TRUE BILL FOUND.
The case OF DR. Kelllher and II. ]. Nc
CHM was presented TO the grand jury
common pleas division OF the supreme
court on the third Monday OF September
and on October a true bill of Indictment.
charging conspiracy and forgery, was
found BY the grand jury.
on October an effort was made by Dr.
KeIliher and Mr.. McGinn's counsel TO se.
cure quashing Of the Indictment To the
indictment q plea In abatement was intro
duced on the finding OF the grand jury, it
being maintained by the counsel that Per-
cy T.. Cook, one OF ths grand jurors, was
not qualified 10 act as such
They claimed that the indictment OF
their clients was invalid; also plea In
abatement I'm the statutes OF Limitation
was filed. on the ground that the offence
alleged to have been committed by the
defendants was committed more than
three years ago, before the finding OF said
Indictment
To the forgery charge a demurrer was
entered, and a time was to have been
nNed by the court when answer should be
received from the attorney general on
these pleas
The cases were 20 have come before
the court In regular order on Saturday
next.
WAS MoRosE AND MORBID.
DIR. Kelliher was at one time consid-
his Indictment. neglected his practice
and at times was morose and morbid,
and he at times 20 them displayed un-
mistakable signs OF insanity.
DIR .kelliher was at one time consid-
cred TO hnve been wealthy His prop
erty now has the value Of about So. 900
On this property there is now an attach
ment by the Berkshire Life Insurance
Company Of Pittsheld. in which the lat
ter seeks 20 recover $500. There is how
ever, an attachment on DR. Kelliher's
property OF N7,o0Q which, II is said. was
recorded on May 10 OF this year
The cause for thus encumbering the
property Is given as 90 provide funds
TO cover losses In private speculation
which spsculatons. when questioned
about. the doctor refused to divulge
maintaining throughout that the matter
was a private one
The attachment was nied on the week
following his arrest. and the mortgage
was recorded on tho day before the at
tachment OF the insurance company was
| levied