The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-11-05
ACTION AGAINST
MRS. KIMBALl FOR
INSURANCE MONEY
Ancient Order of United Work
men Serves Papers in Effort
to Recover $4,000
IS an oUTGS0WTH OF A
VERY SENSATIONAL AFFAIR
Fraud Alleged in Receiy.
ing Payment on Supposed Death of
Glen kimball-Husband, Long Miss.
ing Is Again Absent.

Glen kfmball-Husband, Long Miss.
ing Is Again Absent.
l:,4ln an effort to recover the money
that was paid to Mrs. Clara Kimball
OF Larimore at the time of the dis
appearance and supposed death of her
husband, Glen r. kimball. the Ancient
Order of United Workmen. South Da-
kota jurisdiction, yesterday served
papers in an action for $4,000 and in
terest from the year of 1896, amount
ing in all to about $4,5O0 This suit
is the latest development in the SEN
sat1onal case of the kimballs which
has attracted such widespread atten-
tion during the past few months.
kimball, whose return to the home
of his wife at Larimore is RESPONSE
BILE for the commencement of the
suit, is not at Larimore now, but is in
Oklahoma where it is understood that
he has been making his headquarters
the past five or six weeks.
May be Another Suit,
The probabilities are that there
will be another suit against Mrs. KIM
ball also, the Pennsylvania Mutual
Life Insurance company having a
claim against her as a result of the
payment of policy for $1,000 when
kimball disappeared thirteen years
/ ago.
4 The case in which papers were
served yesterday will be tried in the
aistrirt onrIrf nf q rLo nDyntv
with Attorney Thomas Pugh of Lari-
more representing the lodge. while
Attorneys Feetham & Elton of Grand
behalf. 1t promises to be one of the
lin the history of the state, as the Cir
are Of such an extremely unusual
nature.
Allege Constructive Fraud.
Constructive fraud is the allegation
of the plaintiff lodged in it's action
comes up before the district court as
submitted to jury.
BY alleging fraud the plaintiff gets
away from the operation of the
statute of limitations, which would
render the claim null after period
of ten years from the date of the pay
ment of the policy. In fraud the
statute of limitations dates the claim
from the time of the discovery of such
fraud as there might be.
Would be Hard Blow.
The successful prosecution of the
action just filed and the one that may
be started by the Pennsylvania COM
pany, the latter of which is in the
hands of Philadelphia firm of attor-
neys, would be hard blow for Mrs.
.KimbaA and her only daughter, Bes-
sic. They own their farm near Lari-
more, and although it is free of any
heavy encumbrances a verdict for a
judgment of the amount that has been
sued for would mean a great deal.
Mrs. Kimball has resided at Lari-
more almost continually since the dis
appearance of kimball from their
happy South Dakota home, becoming
owner of the farming property at the
death of her father.
kimball Fails to Tell
Glen Kimball, ever since his return
last July, has refused absolutely to
make any statement as to his lere-
abouts during the thirteen years of
his absence, He remains silent on
that subject and has not even told
Mrs Kimball.
The only intimation made of his
whereabouts was when lie first re-
turned when he made some statement
Labou. being held in confinement but
beyond. that he would tell nothing.
Newspaper men who called on him in
an attempt to draw forth the story
of his life found in Kimball veri-
table sphinx. receiving time after
time the same old statement, Gentle
men, have nothing to say"
Disappearance Mysterious
The disappearance of Knlball is
just as mysterious as was his return
home. He left his home in South Da-
kota one day never to return. Short
fly afterwards dead body was found.
brought to Deadwood, S. D., and
identified as that of Kimball. The
body was buried in the little ceme-
terry in the South Dakota town, but
a few years ago was removed by Mrs.
Kimball to the old home in Mime
sofa. where it now lies.
| The dead ann buried as Kimball had
been buried and every effort was put
forth to discover the identity of the
murderers. Money was spent in ev-
cry direction, rewardc offered by the
county and state but all to no avail
and the search was finally given up.
= Grave Gives Up Its Deal
Then. as though given up by the
grave, Kimball returned to the home
of his wife in Larimore and was recog-
nized as the long missing husband.
But no explanations were made un-
til Kimball again went away. and he
is at the present time out of the state
entirely.
Thre was such an element of, mys-
! tn,-x, t., kha oosn f&Lok ii