Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-04
/ SUPREME COURT. !
Verdict Ordered BY Court
In Two Gases.
South Gardiner Man Wins
Suit Against Woodmen.
Verdict for Plaintiff In ha.lowell
Writ Of Entry Action.

| Two cases were tried in the supreme
| judicial court Thursday ana iii each
| verdict was ordered by the court
and returned without The jurors leav-
| ing their seats. A verdict for the plain
| tiff was ordered in the case al w. +.
| Cutter OF South Gardiner IS. Modern
| WoOdman OF America, which was an
| action brought to recover upon an in
snranre policy issued to brother OF
! the plaintiff NO evidence vas present
Ell For the defence in the writ Of en-
| try action OF Hutchinson vs.. Day ana
in this case also a verdict for the
| plaintiff was ordered. The remainder
of the cases assigned for the day were
disposed OF without trial and adjourn
ment for the day was taken at 3
| o'clock. 1t is expected that the cases
| assigned for today will occupy the en-
| tire dag.
| . The first case to come up for trial
| Thursday forenoon was that of Cut
| ter VS.. Modern WOodmer of America.
| This is an action brought by William +.
| Cutter Of South Gardiner to recover as
beneficiary upon an insurance policy
for $1,000, issued by the order May g.
member of South Gardiner. Camp. No.
| 1885,, and brother of the plaintiff. The
! APPELLANT, who was 25 years of age
| when the policy was made out, died
! Aprii II, 1909 and the defendant al
| though requested had neglected to pay
Ia the plaintiff the amount of the GER
| tificate. Hon. George Heselton of Gar
diner appeared for the plaintiff and
| Hon. Herbert NJ. Heath for the defend
| ant. The case went on trial before the
| first jury, Attorney Heselton first ask
| ing if there was any member of the
| order upon the panel and receiving a
| negative reply.
Attorney Heath admitted that John
r. Cater died April ~, 1909 of pulmo-
nary tuberculosis, that ell necessary
| proofs of lis death were duly filed and
| that the applicant at the time of his
| death was q member of the South Gar
diner Camp of Modern WoOdmen.
| These admissions relieved the half dOz-
en- witness called by Attorney HeseltOn
| from testifying at this point and the
| defence Immediately opened the case,
| relying upon inaccurate statements in
! the policy regarding the deaths of the
| father and mother of John Thomas
| Cutter, which We're given in the appli-
cation as resulting from typhoid fever
| in one case and child birth in the other,
| ard that Deputy Head Consul X. s.
| Sidelinger the organizer of the South
| Gardiner Camp was not acting legally
as all agert of the order.
A disposition was read from DR. Hen
~ H. Smith of New Haven, Conn, for
81, Mt n fl,n of
that the father and mother of the ap-
| plicant both died of pulmonary tube"-
culoSiS. ' ii
/ William u Cutter Of South Gardiner,
called by the defence in rebuttal. testi-
| fled thot he vas 10 years old when his
| mother died. Deputy Head Consul
| Sidelingor talked to witness about the
merits of the order and came to him to
make out written application. Witness
told Sidelineer that his mother died of
| quick consumption following a cold
| contracted shortly after child birth and
! he said Wen make that all right.
| Witness told S!delnger that his father
! was treated for punches in his throat
| "A short time before his death. His
| brothers application was made up at
| the same time and given his brother
to sign. Dr. Libby. the Camp physi-
| clan. examined witness and his broth
| CT after the applications were made
out. Witness discovered after his bro
| theirs death that Sidelinger had writ
| ten into the policies that his father
died of typhoid fever and his mother of
child BIRTH
Attorney Heselton admitted that nei-
| ther John Thomas Cutler nor w. f..
| Cutler had ever notified the head clerk
of the Modern Woodmen of America
that there were any inaccuaries in the
statement contained in the policy.
| Fred J.. Meader of Boston, formerly
of South Gardiner testified that II. s.
| Sidelinger organized the Camp of Mod
ern Woodmcn at South Gardiner. Wit
ness saw the application made up in
| the case of both John and William
| cutter John Cutter was not given an
| opportunity to read over the apDlica-
| ton before signing it.
| DR. Ara p. Libby of South Gardiner
testified that he joined the South Car
| diner Camp of Woodmen In 1904. Re
| fore the organization Of the Camp. DR..
| Libby accepted the position of Camp
| physician. which was offered him by
| Organizer Sidelinger Witness told
| Sidelinger that he did not have time to
| ask all the questions requested in the
| examination and Sidelinges' replied that
| if witness would attend to the physical
| part Of the examination he would ar
| range it so as to relieve him from ask