The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-01
FROM THE GRAVE.
A Confession in the Mcclure
O'TOOle Insurance SwiGdle.

Fort Scott. Kas., July DIR. ]. B.
Mcclure, who was arrested some time
ago as an acco1nplice with DR.. Thomas
O'Toole of this city in attempting to
defraud the Modern Woodmen, Wood
men Of the World and Royal Neighbor
lodges out OF $1,000 Insurance by going
through a mock death and burial, has
just made sworn confession which
was filed in court here today along
with the statement of D. II. Cox, a
barber at San Antonio, Tex. Cox was
an eye witness to the burial of O'Too1e
and did not know until arrested as an
accompIice that the doctor crawIed out
of one end of the grave while the dirt
was being shoveled into it.
OToole took out the life insurance
in local lodges here and paid only one
or two monthly assessments before he
left for Texas.
A few weeks later his wife received
a telegram from DIR. Mcclure. whom it
seems O'Toole met at Juno, Tex, in
forming her that her husband was dan
gerously sick near Sonora on the west
ern Texas prairies, rs miles from rail-
road, and calling her there. Two or
three days after her departure she
wired the lodges here that the doctor
died and later she returned and began
to inquire about the insurance. She
said the doctor had died of smallpox
and she could not go to the grave, but
that she stopped at San Angelo, Tex,
and there met one DR.. Mcclure. her
husbands friend. who was with him
when he died and who helped to bury
him near Sonora The circumstances
aroused suspicion and later it deve1-
oped that the O'Toole grave contained
only rocks, boards and blanket A
Texas sheriff pursued O'Toole and Nc
CURE $50 miles and arrested them on
the Rio Grande as they were enter
ing old Mexico
It develops from McGuire's confess
in
conspiracy. He says O'TOole suggest
ed the scheme to him at Juno. He was
to hire al young man named D. II. Cox
as a travelling companion and start
sickness a short distance out and send
the young man for Mcguire to attend
him The plans executed when they
were about so miles out of San Angelo.
O'Toole told Cox he had the smallpox.
Upon his arrival DR. Mcguire confirm
ed the report. At midnight OF the next
day O'Toole died. Cox was kept away
from the wagon in which he was lying
for fear he would catch smallpox. He
help Mcclure dig the grave. The bur
faI is described by Mcclure in these
words in his confession: After O'Toole
pretended to be dead gave Ben an
awful cursing for rot going away soon
er. was afraid Ben would hear him
breathing. Next morning I sent Ben af-
ter tools to dig the grave. O'Toole stay
ed in the hack pretty well all the time.
After the grave was dug / got Ben TO
help me roll the hack back near the
grave.
I threw in the old quilt. o'Toole
jumped out into the grave and then
went out on his hands and knees
through an opening in the brush ana
went off, while Ben and I were filing
up the grave. told Ben to take my
horse and go back home. I then got IN
the hack and drove on up the road
toward Sonora I overlook O'Toole in
about two or three miles. He got IN
the hack and came on to Sonora. with
me-" He goes on to tell about spending
several days at San Angelo with Mrs.
O'Toole, during which time she ana
Mcclure went to the clerk of the local
Woodmen's lodge and had him take
McGuire's statement in writing as
proof of @O'Toole,s death.
Young Cox's statement corroborates
McGufre's. He says he was cautioned
to stand some distance away to ERE
vent his catching the disease when the
wagon with ORIOLES body in 1t was
backed up to the grave. The grave was
under a large oak tree and was sur
rounded by thick underbfush He saw
Mcclure lift OsToo1e out OF the wagon
and put him IN the grave After some
blankets, boards and dirt had been
thrown in by Mcclure to cover the
body Cox went up and helped fiji the
grave Mcclure painted a headboard.
giving the name of the deceased and
the date of his death.
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