The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-13

y
origin-Fire Occurred the day
Policies Took Effect.
The defense in the Thornton insur-
| ance cases, in the United States cir
| cunt court opened yesterday morning.
| Attorney NJ. j. Martin, of O Brien &
Martin, who with John r. Lenahan,
| represents the defense made the OPEN
ing address, occupying an hour in out
| lining what the defendant companies
| propose to prove. 1t was compre-
| hensiVe, clear and well defined address.
Mr.. Martin in opening his address
reviewed the testimony of the plain
TITS witnesses that he might more
| clearly indicate what it was intended
| to contradict He then proceeded to
| point out some contradictions by the
plaintiffs witnesses themselves. One
| OF these which he particularly dwelt
upon was an alleged contradiction by
two mute witnesses, the catalogue of
the plaintiffs library and the inven-
| tory of his household effects.
According to the plaintiff the cata-
logue and inventory were made week
before the fire. The pocket memoran-
dunn book and the fifteen or more
sheets of paper containing the inven-
tory We're placed in a drawer before
the fire and were not recovered until
a month after the fire. The various
items were written with a lead pencil
Mr.. Martin passed the pocket memoir
andum pocket book among the jurors
and called to their attention the fact
that while the red transverse lines of
the memorandum book gave seemingly
unmistakable signs of having been wet
and caused to fade and leave their
imprint on the opposite page, the PEN
ciled entries We're undimmed and un-
blurred, indicating, as Mr.. Martin con-
tended that while the book evidently
went through the fire and was soused
with water, the penciled figures were
not in it at the time.
PROOF OF LOSS.
The plaintiffs proof of loss was a
lengthy typewriter document. The
plaintiff averred that he made it from
memory, some eight or ten days after
the fire. Mr.. Martin pointed out that
the items of the proof of loss and the |
items in the library catalogue and in
ventory of household effects Tailed not |
only in the order of their entry. but |
also in the matter of abbreviations. |
This, he said, would show that the |
plaintiff was falsely swearing either as |
to the manner of making the proof |
of loss of the manner of making the |
catalogue and inventory.
1t was also stated by Mr.. Martin
that the defense would ask the jury to
accept the theory that the fire was of
origin. In support of this
theory, Mr.. Martin said the defense
would show a chain of circumstantial
evidence that could leave no inference
other than that the house was set afire.
April /, 1901 Thornton, he went on to
say, telegraphed the Hoban agency
that he wanted to place some insur-
ance. Mr. Hoban waited on him at his
office. Mr.. Thornton told him he was
moving to a new home in Kingston;
that he had about $4,000 worth of books
and household goods and intended to
get a piano and about $500 worth of
rugs, and that he would like to have
the insurance at once.
Mr.. Hoban said he could not write
the insurance until he had seen the
property, and after some talk it was
agreed that the policies should take
effect at noon the next day. Mr.. Ho-
ban returned to his office, after con-
senting to deliver the policies in the
evening.
DELIVERED POLICIES.
At s O'clock he returned to Thorn
TONS office with the policies delivered
lhem and was about to go when Mr..
Thornton called to him to wait until
he got the premium. Mr.. Hoban
turned back and Mr.. Thornton wrote
lim out check for $50, the amount of
he premium.
Agent Hoban went to the new Thorn
on home in Kingston the next day to
ook over the Thornton belongings and
satisfy himself they We're worth Sc, 1000 |
He arrived during the afternoon and
ound Mrs. Thornton there. Only one
'ar load of goods had been delivered.
Mrs. Thornton explained TO him that
his was but a small part OF their be-
ongings and that a second load was
IN its way over.
He waited until the second load had
,een delivered, and after viewing it {
md learning that only one more load
vas to come, determined to seek out :
Ir. Thornton and reduce the policies ,
o not more than $1,000. He had some
ther business in Kingston and by !
he time he had transacted it, the
our was late and he put off seeing
Ir. Thornton until the morning.
That night ten minutes after Thorn
on locked up his new home, and re-
urned to Wilkes-Barre, to sleep, ac-
ording to Mr.. Martin, the fire broke \
ut. That the fire could not have @
cen accidental, Mr.. Martin pointed e
ut, would be shown by testimony to S
he effect that the only fire in the O
uildlng was "a burning gas jet, high p