Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1907-07-26
PERHAPS NOT SUICIDE

PERHAPS NOT SUICIDE
Supreme Court Says Form-.
Or SWanvilIe Man May
Have Been Murdered
Herman Kornig. who was held by
coroIer's jury to have committed
suicide last year In Z room on Ninth
street, Minneapolis. may have been
murdered. says the supreme court.
A decision handed down Friday
a8rms the lower court in granting
verdict to Kornig's widow against the
Western Life Indemnity company, for
tie amount of his policy. 1t was con.
tested on the ground Of suicide. bu
the courts hold that it vas not proved
a case Of suicide. The woman Wh
claimed Kornig shot her before he
killed himself was charged at the time
with having killed Kornig instead,
but there was no proof against her.
The case il s. doubtful that neltho
murder nor suicide can be established
Anna Ko1nig, respondent, vs.. Western
Life Indemnity Company appellant.
Syllabus:
In an action brought by the bene-
fciary of life insurar CO policy which
proved that there should be no re-
covery in case Of death by suicide.
intentional or unintentional, and
whether the deceased was sane or in
zane. at the time, it appeared in sup
port of the defense of suicide that
deceased was found dead, from q
bullet IN his head. with q pistol in his
hand, in . room of tenement leased
bv the principal witness for the in
surauce company. That tenant tssti-
fed that she had gone to the room
which she had leased to deceased in
answer to his complaint that il was
not in order: that without q word.
he shot Ter; that she left the room
and that she did rot hear q second
shot. She denied any improper rela-
tions with the deceased. Her nara
tive was incomplete and her testi-
mony somewhat impeached. The
jury found for the beneficiary. It 10
held:
First-The trial court was not in
error in receiving testimony that the
deceased carried on his person Z con-
siderable sum of money which M
not found afterwards, nor in receiving
in evidence . photograph of the rear O
the premises showing stairway from
the door Of the building on which the
shooting occurred to the ground.
Second-Where tho defense of sui.
eide 10 asserted against an action by =
beneficiary cf an insurance policy:
(a.) The burden OF proving that
the deceased committed suicide IL
upon the defendant.
{b.) The presumption is against
suicide. s.
a. II the known facts are con-
sistent with the theory of natural OF
accidental death, the Presumption
with the law raises from the ordinary
motive and principle of human con-
duct requires q finding against suicide
(d.) When circumstantial evidence
is relied on, the defendant must
establish facts which preclude any
reasonable hypothesis Of natural or
accidental death. Lindshl W. Supt.
c., !. Q. E., ITO N. w. S38. followed
and applied.
Third-Only when the inference or
conclusions be drawn from the facts 10
q case IN which the defense of suicide
is lnterposed to an action on an In
surance policy are 80 clear and un.
ambiguous that reasonable men. un-
affected by bias or prejudice. would
agree that the deceaeed Intentionally
shot himself, should verdict for the
beneficiary in the policy be set aside.
F0urth-A normal man il not driven
to the desperation of suicide without
some exciting cause of more than
ordinary magnitude. The entire
absence of motive. adequate OF
inadequate melting to self destruction,
was circumstance to be considered
by the jury in determining whether
or not the defendant has borne the
burden of proof of maintaining such q
defense.
Fifth-The mere fact that q revol.
YER was found in tho hand of deceased
was not conclusive evidence that he
committed suicide.
Sixth-The evidence in this case il
examined and held not to have shown
suicide 90 coaclusively as to have
refused TO set aside the verdict of the
jury.
Order affirmed. -Jaggard, j.
I! Tie state council l.. O! r. NJ. vii
meet in St. Paul August l3 aud II.
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