The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-01-11

AnlS ~ the second SeCLIemenp OF IN
surance companies with the Pacini es-
tate. The first settlement was of the
Ocean Casualty Insurance company on
a similar basis.
Pacini Engaged in Duel.
The insurance company to the very
last claimed that they were not liable
under the law for the payment of the
claim, and the case was expected to
come up for trial this week in circuit
court before Judge Higbee. The com
pany stated finally through its attor-
neys that rather than have the ex-
pense and trouble attendant upon a
suit, they would settle for the sum
named, which offer was accepted
The claim of the insurance company
was that Pacini, at the time Of the
shooting, was engaged in duel of
some sort and that he was partly re-
sponsible for his death.
"Pacini carried a gun and volun-
tarily engaged in an encounter with an
unknown person." alleges the litigant.
lie fired gun four times at the I'M
known, and the unknown fired once.
causing wound of which Pacini died
and 1T was the acts and conduct OF
Pacini in voluntarily engaging in said
encounter which contributed to and
directly caused his injury and result
ing DEATH"
Facini Was Deputy Sheriff.
Most pertinent to the insurance
company claim that they were not IL
able, was the point brought forward
by their attorneys that Charles Pa
cinl had been appointed deputy sher-
iii and in such Office carried a gun.
and that he was actually such a dep
uty on the night he was shot and
killed
Attorneys for the company claimed
that it was misrepresentation and con-
cealment on Pacinis part in making
out his application for insurance and
not stating that he was deputy which
affected the risk and hazard assumed
by the company. Pacini's rates as
deputy would have been higher, twas
said, and under the premium he did
pay he would have been entitled, as
deputy, to only $4,000 insurance upon
his death.
This contention alone of the insur-
.ance, company, was sufficient, it was
| held to warrant them to fight the case,
but the settlement was still more sat
tisfaetory
Recalls Lang Trial.
AS II has been known that the in
surance company spent some efforts
to pepetrate the mystery surrounding
Charley Pacini's murder, it was
thought that more effort might be ex-
pended in this direction and eventual
" more evidence turned over. With
the settlement just reached in the Ke
nosha county court. however: this pos
sibility is withdrawn.
Interesting in this connection is an
old stipulation made between the in
surance company and the Pacini es
tate, made April 18, 1921, relative to
the outcome of the opinion of the SUI
preme court in the case Of the state
VS.. Frank Lang.
Lang was arrested in September.
1920, on the charge of burglary. con-
fessed during night Of third degree
IN the police station to the murder Of
Pacini, was charged with the murder.
tried in circuit court, found guilty and
sent to Waupun for twenty-five years,
Later tne chief Of police, district at
torney, sheriff and undersheriff who
all held Office at the time of the Lang
trial, were all found guilty and were
sent to the state prison, and all, in
Guiding Lang, were there at the same
time.
Meanwhile Lang's attorneys, Buck
master and Hammond, appealed the
case to the supreme court.
The stipulation between the insur-
ance company and the Pacini estate,
said to be the only 1.4e Of it's kind
known to the local court, provided that
il the event the supreme court sus-
tanned the conviction Of Lang, the in
surance company would pay the claim
of the estate In full, the sum of S2t,-
600, together with interest at six per
cent. The stipulation it was agreed
would not be binding upon either side
in case the conviction was not up
held.
AS it is known by all who followed
the Pacini murder case the conviction
was not sustained, the supreme court
handing down document which in
language which was fairly vehement,
reversed the judgment of the lower
court and wiped out the verdict of the
jury. Without further ceremony, the
judge If the circuit court, gave Lang
the key TO the fields, "Le clef des
champs" in other words, his liberty.
labor folk who were dressed in every
day clothes. Mr.. Orchard pronounced
the experiment success.