The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-07
DID HE TAKE POISON?
Insurance Attorneys Say Perkins Swal-
lowed a Drug.

Kansas City. Aug. Lawyers for
the Mutual Life Insurance company
court yesterday why they believed the
body of Lucius H. Perkins, who was
killed by falling from the roof or his
house in Lawrence June 1, should be
exhumed. Mr.. Perkins was insured In
the Mutual for 100000 The insur-
ance attorneys declare that his death
was due to poison that he took before
he climbed to the roof of his house.
They cited evidence to prove that he
bought the poison; read affdavits to
support their contention of suicide,
and asked the court to order a post
mortem examination of the body.
The attorneys for the executors of
the estate say the federal court has no
Jurisdiction in the case. Only the in
surance company's attorneys argued
yesterday. The lawyers for the Per-
kinS estate will present their side of
the case today.
The insurance company's side was
argued by John S. Dean of Marion,
Kan, and Thomas F. Doran of Topeka.
In his argument Mr.. Doran cited au-
thorities and decisions to show that
the federal court has jurisdiction in
the case, which is denied by the ex-
ecutors of the estate. He talked for
more than an hour trying to show that
the insurance company could get the
prompt and speedy action necessary
to obtain the evidence it wanted only
through a court of equity. He assert
ed that delay would deprive the COM
pany of the necessary evidence to
show it's contention of suicide and do
irreparable injury to the case. He
commended that the nature of the case
itself made it a matter for court of
equity and cited opinions.
Where the remedy in a court of
law is not adequate or complete" he
said, then court of equity may be
invoked. That is the exact status ct
our case and we believe this court has
i11I- led of In
Mr.. Doran made the argument in
favor of the motion to exhume the
body. He said the insurance company
had made every endeavor to have an
autopsy upon the body before this ac-
ton was brought.
ut must be remembered" he said,
that the company did not know I'M
til July IL that Mr.. Perkins had pur-
chased poison on June 1, the day of
his DEATH Our action was started as
soon. after that date as possible. The
coroner refused an autopsy and the
relatives of Mr.. Perkins would not
consent to a pOSt-mortem examina-
ton. We have used every diligence
and rs a last recourse we come to
this court.
1.-THE evidence shows that Mr. Per
k1ns had no income producing estate
but he obtained $4,000 life insur-
ance costing $2S, 900 in premiums an
nually, and more than that, he applied
for $1,355, 600 insurance, upon which
there would have been annual pre-
miums amounting to $4,000 a year.
In order to pay these premiums he
must have had a large estate. Even if
he had an estate of $250,00O, as the
executors of the estate say this in
vested at per cent would yield an
annual income which would pay only
a little more than half his insurance
premiums. He didn't even pay his
first premiums. but gave personal
notes which fell due July l. Mr.. Per-
kins died June IL
Mr.. Doran then rehearsed the evil
dence upon which the insurance. COM
pany based its assertion that Mr.. Per-
kins committed suicide. He told of
the correspondence carried on by Mr..
Perkins with members of the faculty
of Michigan university concerning
poisons and the purchase of morphine
He called attention to the doctors who
said that Mr.. Perkins symptoms indi-
Gated poisoning He said that Mr..
Perkins explanation that he was buy
ing the poison to kill gophers was I'M
reasonable and pointed to the testi-
mony of the lawn caretaker, who said
there were no gopherS there.
Where is that poison today?" he
asked. what has become of it? The
defendants here have had charge of
those pre- misses and the property of Mr..
Perkins. They have not produced it.
The truth seems to point that it is in
Mr.. Perkins body. If he took that
poison with the deliberation that is in
dicated under the law there is moth
ing due on this policy. The evidence
shows that Mr.. Perkins committed sui
eide. ny taking poison purchased the
day of his DEATH and for the purchase
of which he assigned a false reason.
Aside from feeling of delicacy there |
is no good reason why the body should |
not be exhumed and an examination
made We ask that as a matter of
pure justice and right this be done and
that no sentiment interfere with the |
Justice Of our cause"