The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-05
INTOA SENSATION
Perkins Insurance Case Takes
Unexpected Turn.
Judge Mcpherson Says He Be-
lieves Poison Was Taken.
ASKS FOR EVIDENCE.
Wants to Know What Became
of Morphine Package.
Will Hear Testimony on Satur-
ASKS FOR EVIDENCE.
Will Hear Testimony on Satur-
day September IA.

Greatly to the dismay of the repre-
sentatives of the Mutual Life 1nsur-
ance company and with considerable
degree of surprise to attorneys for the
defense the attorneys for the estate OF
Lucius H. Perkins, deceased. of Law
renee were granted a continuance OF
the hearing to exhume the body of the
dead man until Saturday, September
14th.
The hearing was replete with sem
sational periods. The court indicated
that substitution might be attempted
in producing the original package OF
morphine which Perkins is supposed
to have purchased. The attorneys for
the estate indignantly repudiated the
suggestion The court stated that he
did not intend to insinuate that fraud
would be perpetrated by the attor-
news or any party of the defense,
simply suggesting that substitution
might occur The defense stated that
they would be prepared to produce the
original package intact
Judge Smith Mcpherson OF the
United States circuit court who pre-
sided at the hearing plainly stated
that he believed from the evidence
that had been submitted up to TINS
time that Lucius H. Perkins had come
to his death by morphine self admin
istered and that the insurance
policies were taken out with the in
tent to profit by the fraud Thougn
realizing this to be the situation with
the facts thus far presented tne pre-
siding judge stated that he would per-
nit the attorneys for the Perkins
estate to bring in all the testimony
and evidence that they desired IN
support of the contention That death
was due to an accident and not inten-
tional.
'"The prima facie case up to this
point isl said Judge Mcpherson in
citing his belief of suicide, that the
man has carried insurance In excess
of his annual income. me Prt me
facie case up to this point IS that TINS
man carried insurance with payments
which aggregated an annual sum or
100000 and had an income tnaC was
less than these payments me prlma
facie evidence up to this point is, that
he purchased morphine to kill the
gophers. And the prima facle evl-
dence is, that there were not any
gophers to kill
Continuing he stated: see the
Importance of an early decision be-
cause a vegetable poison is soon dis
sinated This case is not going up
on some miserable technical sac
question. And if I make an order TO
exhume. you gentlemen VIII not
supersede this by some other order as
far as anv order from this court is
Attorneys for the Perkins estate
protested but the court waved them
aside with his hand. 81 think the |
Curt has the right under a proper |
showing to issue an order to exhume
the body. If you can rebut the |
prima facie evidence why II VIII
change the face of things entirely
continued the court Thus Iar tne
only showing. and the only point made
bv the state is, on the question raised
at Kansas City when they raised the
question of jurisdiction wh1cn later
the court. upon considering, held TO
be we'll founded"
the attorneys for the defense to decide
upon a time for adjournment and upon
their request for an extension OF SIX
DAYS the attorneys for the insurance
rnent of a 100000 policy objected. They
raised the issue that the detection or
poison would be harder after an elapse
Of time. After some time spent IN nX-
ing a date which was suitable to all par
ties concerned Saturday the 14th of Sep
tember was fixed upon. This will be
the final hearing and all testimony anu
cross examination will have to be wound
up at that time.
Attorneys Resent Insinuations.
A clash took place between c. F.
George Barker and Samuel
A. Riggs, attorneys Tor the TeA hAiAo
estate and Judge Mcpherson, rather 1t
might be called a misunderstanding
Judge Mcpherson suggested the ease
with which the package of morphine
which was purchased by Perkins on
June 1, the date of his death, and Wnlcn
has hitherto not been produced, mlgnt
be substituted by similar package IN
stantly Riggs jumped to his feet, with
passion showing in his features, Il want
10 say to this court" he cried In a stem
.orian voice, that as far as this coun-
sci has been concerned there has been
20 substitution, there has never been the
slightest intimation of wrongdo1ng ana
t does an injustice to this counsel ana
10 the executors of this esate to mint
hat such a thing was done"
81 want to say that l know these ex-
scutors and have known them for TWEEN
.y-five years and I know such an act
would be impossible for them to DO,
asserted George Barker
Now gentlemen don't misunderstood
me-" interpolated Judge Mcpherson
For the hfty-first time, have said fifty
lines already, that cast no reflections
IN anyone in any manner connected
With this suit and that presume every
Gentleman is honorable in his transac-
ions. I state that 1 make no charge
against any one. / simply say that this
is a matter that could easily
De DONE"