The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-01
DEAD MAN ALIVE.
Continued from Page onel
Court Said He Was Dead.

Court Said He Was Dead.
Shortly after her husband left home.
Mrs. Caldwell moved to Wichita. She
continued to make payments on her
husbands s., 900 insurance policy in the
Modern Woodmen and a little more
than one year ago brought suit to
collect the amount of the policy. The
Sedgwick county district court heard
the woman's testimony in which she
swore that Caldwell suddenly lett
home, that she made efforts to find him
and failed. For seven years, she said,
she waited for her compa Mon to come
home But he never came. The lower
court said that she had waited long
enough. had 1ade diligent effort ana
even though the record might not De
clear that Caldwell was physically
dead. yet so far the wife and the
insurance policy was concerned, that
Caldwell was legally dead and buried
The case was appealed to the supreme
court In February that tribunal al
firmed the decision of the SedsWlck
county district court and declared tlidt
Caldwell by all the rules of law ana
evidence was dead and that the wife
was entitled to collect the $3,0oo IN
surance.
So far as the Caldwell case was con-
cerned the matter seemed to be finally
held that the former Hutchinson man
was dead. They had ordered the insur-
ance company to pay over the money
and there seemed to be no other course.
New Evidence Came to Light. ~
Then lust when the Modern Wood
men began to figure that there was no
other way out except to pay Mrs Cald-
we'll $4,000 for the loss of a one faith
ful and dutiful husband, something
happened. Out in California someone
learned about the Kansas case VINO
was also personally acquainted anu
knew that the former Kansan was
most energetic and lively undertaken.
I'm in Iowa Sarah Ida Fluke, sister
of Caldwell. learned of the case and
declared that in Is months preceding
the supreme court decision, she nau
received &c letters from her brother
and knew that he must be alive and at
least hadn't been dead for seven years.
1t was ten days ago that the first
sensation was sprung on attorneys for
Mrs. Caldwell. At that time represen-
tatives of the insurance company hleo
in the supreme court Mrs. Fluke's am
davit that her brother was alive ana
also offered as exhibit B, photograph
of Caldwell and another woman.
Dead Man Comes Home-Alive.
Attorneys for the legally dead mans
wife, demurred. The insurance COM
pany asked to reopen the case, but
Mrs Caldwell said the picture wasn't
that of her husband. A motion was
application for rehearing.
Last week attorneys for Mrs. Cald-
we'll were notified to come to Topeka
today to take dispositions. Adams &
Adams of Wichita. representing the
plaintiff came to towns to-day and were
confronted by the man who claims to
be Mrs. Caldwell's husband. Under
oath Caldwell told his story. He said
that after he failed in business that
domestic life was unpleasant and that
his wife nagged him until he decided
to leave home Caldwell says he told
his wife he going, gave her such
worldly goods and chattels as he pos
sessed and went to California. The
man still loved his wife, he said. and
twice he wrote to her. On neither
occasion did he receive a reply. Then
he believed that there was no oppor-
tunity for reconciliation and did not
write again. He denies that he tried
to hide his identity and that with due
diligence his wife could have found
him had she desired.
Are Legal Complications.
Even though Caldwell is alive and
well, there is a serious legal difficulty
for the insurance company to surmount
if it secure the setting aside of the
judgment. AS a matter of protection,
the law has set time when a man
is legally dead. That time is at the
expira ton of seven years Several times
the law has been brought to the test
in Kansas and attorneys for Mrs. Cald-
we'll declare that the insurance COM
pany cannot now go back of the court
decision and that new briefs in the
case cannot be filed at this time
On the other hand, the insurance
company insists that the dead man has
been produced and that he was never
dead and was always in California
where his wife could have found him
had she tried Arguing from this angle
the company win ask for a rehearine
and the setting aside of the Judgment.
Caldwell declares that he has never
remarked and that the photograph of
himself and another woman. which is
on file in the supreme court. is the
picture of a woman friend in Cali
fornia. Neither, Caldwell AYERS has
he ever sought or secured a divorce
from his Kansas wife. He will prob
ably remain in Kansas several days be-
fore returning to Berkeley Saturday
attorneys in the case will go to Hutch
inson to take dispositions of persons
who knew Caldwell and his wife and
were to some degree familiar with their
domestic relations. Caldwell will prob
ably go to Hutchinson with the lawyers.