The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-18
That Is Question in the Perkins
Case.
Insurance Companies Insist on
Equity Proceeding.
is NOT YET FINISHED.
Hearing Will Be Continued
Next Week.
Attorneys Rather Bitterl in
Their Argument.

Whether Judge John C. Pollock
shall decide in the United States cir
cult court the question of how Lucius
H. Perkins, the Lawrence attorney.
came to his death. by suicide or by a
fall from the roof of his home, or
whether jury shall decide, is the is
sue in controversy between attorneys
for the estate of the late Lucius H.
Perkins and attorneys FOR the Mutual
Life Insurance company or New York
who have brought suit in equity for
the cancellation of the 100000 policy
held by Perkins.
The action to exhume the body of
Perkins for the purposes of examina
ton was brought in equity against
Mrs. Luella Perkins, widow of Lucius
H. Perkins, because she had charge
of the body. A suit in law could not
be brought since she was not named
as an administrator of the estate.
The attorneys for rne insurance
company claimed they had no other
adequate remedy at law except to pro-
coed in an equity suit and that since
such action was brought it should be
maintained throughout the hearing.
The attorneys for the Perkins estate
on the other hand argue that the suit
In equity should now be dismissed and
that the further hearing ON the can
collation. of the policy should be upon
the premises of an action at law.
In suit in equity jury may be
had but it acts simply in an advisory
capacity to the Judge presiding. The
Judge really decides the case. In a
suit in law the reverse is true, the
judge may in the face or conflicting
evidence instruct the jury, but the
jury finally decides where the weight
of the evidence lies.
The attorneys for the insurance
company prefer that Judge Pollock
shall decide the issues, while the at
torneys for Mrs Perkins want a jury
to determine whether Perkins COM
mitted suicide or died as the result of
an accident Judge Pollock was in
clined to favor the contention of Mrs.
tinued the hearing this morning and
will continue it until sometime next
week, probably at Kansas City.
They drove us into the court and
we were obliged to go into a court of
equity to get an order from the court
on Mrs. Perkins to take up the body
of this man and now these gentlemen
say to us after we have brought an
action in equity, you must come into
court of law. L say this is
monstrous doctrine If such is held"
said J. s. Dean one of the attorneys
for the Insurance. company
The Insurance company is also bat
Ting against having from $4,000 to-
$1,000 worth of costs assessed against
1t. If the suit in equity for the can
collation. is dismissed a new suit will
have to be brought in the law court
This leaves the costs in the equity
court hanging and the probabilities
are that they would be assessed
against the insurance company since
1t is the plaintiff.
Judge Pollock has been inclined to
hold that the suit in equity has serv-
ed the purpose for which it was
brought, that it was for the intention
of securing evidence in the case which
otherwise in the process of time
would be destroyed and would be lost
forever. That since this evidence has
now been secured the proceedings
now should be in a court of law in
an action permissible in court of
that character.
However, he stated this morning
that he would permit a full exposition
OF the argument of the attorneys for
the insurance company and that he
had not made up his mind.
AS soon as this feature of the case
has been determined, the great fight
will be precipitated as to whether
the finding of morphine in the stom-
ach OF the dead man was conclusive
evidence of suicide or whether he
really did die by a fall from the roof
of his home last June, as is con-
tended by the defense which is at
tempting to collect the several hun
dred thousand dollars worth of in
surance. 1t is even possible that the
defense will attempt to claim that no
morphine was found by the commits
sion appointed by Judge Smith Nc
Pherson, who first heard the case
last summer. The attorneys for the
defense, Mrs. Perkins, have had
chemists make a check analysis of the
body of the dead man for the
purpose of finding evidences of NOR
phine poisoning, but 1t is rumored
that they found no such evidence.