The Washington times., 1901-10-12
LATE LEGAL DECISIONS

i 4
| sd, holds that the party 60 ob,otr,,.
tue money is guilty OF larceny. In otber
| words the Supreme Court of washinvtor
| VIII take cogniZance OF cheating at cards
anu VIII punish the person CONDUCTING
fraudulent game. The question aro,a
on the following facts: Thomas Da,s,,
country boy, while In the city of Seattle
Ss,nr e' py stranger named Andrew
| Wisconsin, where Daley had onrs ~
sided, and where Samson also cisyrnod
be 10 nave lived. they went to a saloon and
oesan game Of poker with two other
men On one deal the cards weys
stacked, SO that one man held four
tens, Daley four queens and a third man
,our ,.1, kings: samson's hand. being of no
Vaihe ne threw 1t aside. and after per-
suading Daley so show him his hand ad-
vised him to bet all he could When the
money, amounting to s6l. was all on the
table and the cards displayed, Samson
grabbed the money and the man with
the four kings took ii from him All then
separated. and Daley procured the arrest
Oh the men on the ground of larceny
On the trial the defence was that The
crime OF larceny was not established be-
cause Daley engaged in the game Of cards
20 win or lose, and allowed his money to
oe taken from the table without objection
as ne had lost the bet But the court held
that the defendants were guilty saying in
part; There can be no other conclu-
sion from the evidence in the case than
4 IL.
Skilbrfck, were confederates: that the
game was dishonest game: that Daley
mad no chance Of winning; that the con-
federates knew what Daley had in his
hand. and that there was no element OF
chance for them in the game
When Daley placed his money on the haz-
ard of the cards, he did not intend to part
with the title unless II was fairly won by
his opponents. When Samson, Hilger, and
Skilbrick knew, before the cards were
Dealt. or afterward by. discovery. that
Daley was to lose his money through their
manipulations, and where they Induced
MIN into the game, and one of them by
telling him he had the best hand, per-
suaded him to place his money on the
table, .or the purpose Of obtaining his
money, as they evidently did In this case
II was as much larceny as though they
lad induced him to lay his money on the
table for them to examine and then had
ance which Daley did not understand, or
by force under his protest..
In an action on an accident insurance
policy. the insurance company sought to
avoid payment on the ground that the in
sured had committed suicide. IL was
shown that for some time prior to his
death, which was the result of his falling
or jumping from a train, the assured had
been in straitened financial circumstances;
that his house, which was mortgaged,
and his personal property, which had
Deen seized on execution, We're about to
be sold; :tiat he had Just before been
making strenuous efforts to borrow
money to tide him over his distress but
had failed; that ne had forged mort
gage and the certificate of acknowledge
ment thereof, on which he had made an
attempt 70 borrow money; that he had a
year before borrowed money upon false
representations in regard to the freedom
of his property from encumbrances; that
he was being threatened with prosecu-
tion for these offences, and that just be-
fore his death he had been making ef-
forts to secure as much accident insur-
ance as possible in addition to that which
he was then carrying, and had succeed
ed In effecting enough to make in all
shown that he was a man of sanguine
temperament; that he had been accus-
toned to keep considerable insurance
upon his life and against accidents that
he had four daughters who were depen-
dent upon him for support. and that af-
ter his death his property sold for enough
to pay off all his debts. At the time of
his death he was returning home from
an Intellectual effort TO raise money to
save his home and personal property
from forced sale.
He was last seen before his injury upon
the platform of the car on which he was
riding, and not long afterward was found
by the side of the track. mortally injured.
on these facts Judge Severns, of the
United States Circuit Court, said: NO
doubt these circumstances. taken togeth-
er, were all calculated to excite grave
suspicion tHdI tle assured Hdu thrown
himself from the train with intent to de-
stroy himself, but they were by no means
conclusive; nor did they 50 clearly demon
strate that conclusion as 20 ccmDel the
finding of the jury that il must be Sc
Taking into account, in connection with
all the circumstances above enumera ted,
the common instinct of mankind to hold
on to life, and his strong affectionfor his
daughters, and his earnest purpose, to
c"re for and protect them, we cannot say
that :: would be unreasonable to conclude
that the death of the assured was acci-
dental and not purposed. The le-
gal presumption was against the fact of
suicide, and the burden of proof was upon
the insurer" (Fidelity & Casualty Co. VS..
Freeman, lo9 Fed Rep. SAD
statute in Alabama providing that ii
shall be a criminal offence to obtain
board by fraud or misreprese entation from
a landlord, proprietor. keeper of a hotel
or boarding house, is held by the Supreme
Court of that State. in the case of Chaun-
cey VS.. State GO S. Rep, 40S). to be con-
stitutional, and not statute imposing
Imprisonment for debt The court said
that one who violates the statute is
imprisoned not for the debt he owes the
proprietor and not to make him pay the
debt but to punish him for the wrong
he has perpetrated by the fraud. which
is made a crime.
transaction in bucket shop" con-
ssting of fictitious contracts of sale or
purchase for future delivery of stocks,
grain. provisions, etc, with the intention
that there should be no delivery, but a
settlement by paying the difference of
prices, Is held by the United States Cir
cult Court of Indiana in the case of
Boyce VS.. ODeI Commission Company
uG9 Fed. Rep. 159, Eot to constitute a
game" within the meaning of a statute
providing that person betting on
game. and losing any money thereon. and
paving the same, may recover IL by
action.
In Maine a widow does not take as
heir from her deceased husband. but as
widow, according to the Supreme Court.
in the case Of Yolder vs.. Yolder (49 All.
Rep. 1850.
The terms cash surrender value" and
full cash surrender value" used in
a life insurance policy, are held by the
United States Circuit Court of Appeals.
in the case of Bryant VS.. Mutual Benefit
Life Insurance Company Q09 Fed. Rep.
I40. to mean the same thing.
In an action against railroad company
for an alleged wrongful election, the Su-
preme Court of Alabama, in the case of
McGhee VS. Eashin $50 So. Rep, 36O.
holds that evidence that the conductor
used abusive and insulting language to
the party elected while he was re-enter-
ing the train is admissible as part of the
res gestae.
Where the schedule of a bankrupt de-
scribed a judgment debtor as George
Liesman, and his real name was George
Liesum, the City Court OF New York, in
Supp. 1022), holds that the bankrupts
did not release the debt as
against George Liesum.
Whore growing timber is sold. the Su-