The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1909-06-12
ACiyiI Case Of Exceptional Interest.

greater PUBIC concern OF more
generally discussed by the public
than the case of Mrs. Sarah v.
Hilton VS.. the Woodmen Of the
World. The plaintiff sought to
recover Of the Woodmen $1100. 90,
being the amount of an insurance
certificate of 100000 and $780,
90 monument on the life of Mr..
William j. Hilton, the husband of
the plaintiff. The Woodmen re-
sisted the payment of the policy,
or beneficiary certificate. on the
ground that Hilton brought on his
own death while in the act of vio-
Iating the law in making an un-
justifiable and deadly assault on
Thomas Nations and other men,
ebrs of the Nations family. The
case went to trial on the issue as
made up by the pIeadings as to
whether Mr.. Hilton, the deceased,
brought on and was wholly respon-
sible for his death or not, and the
courts judgment is that the Wood
mems contention was correct.
The friendly sentiment manifest
ed in the public mind toward Mrs.
Hilton has been generally apparent,
but it is also clearly recognized
that the constitution and laws of
the Woodmen provide that each
member holding a benefit GER
tificate must be a law-abiding citi-
zen, and every certificate holder
forfeits his right to recover in
surance when he brings about his
own death in clear violation Of the
laws of the State. The Woodmen
have never contested a policy in
this county before, and because it
did so in this instance there has
been some unfriendly criticism of
this popular order by many persons.
Doubtless much of the criticism has
been due to the friendly sympathy
felt for Mrs. Hilton, without
knowing fully the facts incident to
her husbands death.
The facts of the trouble between
the Hilton's and Nations at the
Nations home during May, 1908,
have been fully covered in past
press reports, and two grand juries
have gone into the trouble without
returning any indictments against
any one. In brief, the Nations
were at home when the two Hill
tons illiam and Tom, father
and son-drove up in wagon with
a negro named Fred White. Tom
Nations and William Hilton became
involved In a difficulty over the
negro's being brought by his home.
After two shots from pistol inlthe
hands of Tom Hilton, young Bud
Nations came on the scene, when a
regular pistol duel was engaged in
by him and young Tom Hilton over
the Nations yard gate. When
their pistols were emptied young
Hilton lay dead just outside the
gate. In the meantime Tom Ma
tions and William Hilton had
struggled into the yard, Nations
being followed and beaten by Hill
ton. While the elder Nations was
making his way toward his house,
William Hilton went back outside
the gate to get his sons pistol that
had fallen by his side, when
young Bud Nations ran back into
the house to get shot gun. When
young Nations returned to the
scene with the gun, he found that
William Hilton had returned with
his sons pistol in his hand, and
that after striking Mrs. Nations a
blow on the head with the pistol,
when she tried to intercept him,
had caught Tom Nations again near
the door steps and was trying t"
shoot Tom Nations in the face with
the pistol. While Mr.. Hilton was
trying to shoot and was pointing
and swapping the pistol in the face
of Mr.. Tom Nations, young Bud
Nations shot and instantly killed
William Hilton with the shot gun.
Hence, from the facts adduced on
the trial of the case it appears that
if the policy of the Woodmen which
provides that the insured forfeit
all right to recover the insurance
when the insured brings about his
own death is to be maintained by
the law, then no other result could
have been reasonably reached by
the court. The rule is very clear
Iy written in the policy that the
insured forfeits his policy when he
comes to his death while violating
or attempting to violate the laws
Of the State or Of the United States.