Supreme Tent Knights of Maccabees of the World v. King

• Decision Date: 20 January 1906
• Docket Number: 1,444.
• Citation: 142 F. 678
• Parties: SUPREME TENT KNIGHTS OF MACCABEES OF THE WORLD v. KING.
• Court: U.S. Court of Appeals — Sixth Circuit

142 F. 678

SUPREME TENT KNIGHTS OF MACCABEES OF THE WORLD v. KING.

No. 1,444.

United States Court of Appeals, Sixth Circuit.

January 20, 1906

Eugene Lehman, Elias Gates, and L. Lehman, for plaintiff in error.

F Zimmerman, for defendant in error.

Before LURTON, SEVERENS, and RICHARDS, Circuit Judges.

RICHARDS Circuit Judge.

This was a suit upon a benefit certificate or policy of life insurance for $3,000 upon the life of one John King. It was brought by King's widow, the beneficiary, against the fraternal beneficiary association which issued it. One of the laws of the association provided that no benefits should be paid on account of the death of a member when death was the result of suicide, whether the member taking his own life was sane or insane at the time; but that in case of suicide, the beneficiary should receive twice the amount of assessments paid. While several defenses were pleaded, they were narrowed, on the trial, to the one defense, that King committed suicide, whether he was sane or insane at the time. A tender of twice the amount of the assessments paid, being $543, was made. The question whether King committed suicide or not was submitted to the jury upon certain charges, and a verdict found for the face of the policy, with interest which the court declined to disturb. A number of questions were argued which were not properly reserved. It will be necessary for us to consider but one, whether the court properly submitted to the jury the question of suicide.

The following facts appear in the record:

King was a policeman in Memphis. He took out this policy on November 17, 1893. He died on December 13, 1903, about midnight. In 1894, while on the force, he was shot through both lungs. Before receiving this wound, he was of exceptionally fine physique, six feet two inches in height and weighing over 200 pounds. The wound seriously affected his health. He had hemorrhages, suffered a great deal, and lost much flesh. At the time of his death he weighed only 145 to 150 pounds. His disposition suffered. He complained constantly, and was cross and irritable. It was in evidence, also, that he suffered from appendicitis and severe cramps, and about a month before his death took an overdose of laudanum. His mind was also apparently affected. He talked too much about money, about winning in gambling and at the races, and about a big legacy, received or expected. One of his friends on the force said 'he seemed to be crazy over money'; another, that he was 'a little flighty at times'; another, that it had got to be regarded that he was 'talking through his hat.' The testimony showed that shortly before his death he was gambling and was borrowing money from relatives and friends.

Among King's friends was one Henry Kressenberg, who ran a grocery on King's beat. Kressenberg was in the habit of carrying his money home at night. At. times he had from $500 to $2,000 to take home. His biggest business days were Saturday and Sunday, and King was aware of this. About two years before Kressenberg was attacked while going home, and an attempt made to rob him, which failed. King was told of this and advised him always to leave his store by the front door, and frequently accompanied him home. On the night of Sunday, December 13, 1903, King was not on duty. Kressenberg and his wife were at the store when closing time came, about 11 o'clock at night. Kressenberg had about $800 to $900 to carry home. When he prepared to leave, he put the currency and gold into his pocket, and the silver into a shot bag, which he carried under his left arm. His left hand was crippled. He placed his revolver upon the bag. It was a 32 or 38 caliber. As he and his wife stepped out the front door, they noticed a tall man standing eight or ten feet away. This man had on dark trousers, a light tan overcoat, a fur or plush red handkerchief. He also held a white handkerchief before his face. He was tall and slender. Mrs. Kressenberg got excited and remarked to her husband, who was locking the door, that the man looked suspicious, but Kressenberg locked the door, and they turned to go home. As the two started, the man rushed upon Kressenberg and fired a shot, which entered his ear and came out the opposite cheek and then a second shot which entered his abdomen, and from which he died the next morning. After being shot himself, Kressenberg shot the robber, who, without making any attempt to seize the money, fled.

The police were called, and, hurrying in the direction given them by Kressenberg and his wife, found a man lying dead across a bridge over a gutter, about two blocks away. The man was shot in the right temple. His cap was burning. He had a red handkerchief tied around the lower part of his face. Removing the cap and handkerchief, and striking a match, they identified the body as that of John King. He had on a dark suit, a light tan overcoat, and a black fur cap. He was lying on his left side, with his pistol in his right hand. It was a large 41 or 45 caliber Colt's revolver. Three of the chambers were empty. The wound in his temple was made by a ball of the caliber of his pistol, and so were the two wounds found in Kressenberg. Kressenberg's pistol was of a smaller caliber, 32 or 38. One of its chambers was empty, and a wound was found in King's groin made by a bullet of this caliber. The wound in the groin had bled freely. The wound in the temple ranged upward and reached the brain. King's pistol was large and powerful. As one of the witnesses put it, 'a ball fired from such a pistol into a man's brain would drop him right in his tracks. ' Both the cap and the overcoat that King wore that night he had borrowed for the occasion, the cap from one person and the overcoat from another. In addition to wearing them, pulling his cap down over his eyes, and tying the red handkerchief over the lower part of his face, he had, for the purpose of disguising himself, removed his false teeth, which were found in his rear pocket. He left his home about half past 8 o'clock, saying he was going to hunt for some negroes.

In view of these facts shown in evidence and being substantially all that were shown bearing upon the question of suicide, the case, it seems to us, was a simple one. The question whether King was sane or insane was immaterial. If he killed himself whether sane or insane, the association was not liable for the face of the policy, but only for twice the assessments paid. King was killed by the shot fired into his right temple. This is plain. And it is equally plain that that shot came from his own pistol,...