Page:Federal Reporter, 1st Series, Volume 2.djvu/903

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896 FEDKEAL REPORTEE. �and tobacco box to you; my studs to George; my sleeve-but- tons to Lulu. �"Hoping that ail will be satisfied more with my death than they have been with my life, and that my body may be buried along-side of my father, and not in my lot, I remain, �"Your brother, �"Matthbw Watbes." �At the end of the letter, on the same sheet, and written in an almost illegible hand — as if penned in the last agonies of life — the foUowing sentences were added : �"Smith is to have a good chance. Let 0. S. T>, &■ Co. stand out in the 'cold.' M. W." �"Wages are good, but self-respect is better. M. W." �"Abe, see that my wife has no beneût. M. W." �I shall detain you no further, except to add that the letter undoubtedly indicates an intention on the part of the writer to take his own life. �The plaintiff admits that the self-destruction was voluntary, and that the insured intended that death should be the result of his act ; but she insists that bis reasoning faculties were so far impaired that he was not able to understand the moral character, general nature, consequences and effect of the act ; or, at least, that he was impelled to its commission by an insane impulse, whioh he had not the power to resist. �If a careful review of the whole testimony brings you to such a conclusion, your verdict will be for the plaintiff for $2,500, lesa $35, the amount of a note held by the company againat the assured, with interest at 7 per cent, from Novem- ber 3, 1877. �The defendant, on the other hand, insists that the insured was in the possession of his ordinary reasoning faculties, and intentionally took his own life from pride, jealousy, disap- pointment, or desire to escape from the troubles of life. �If such should be your judgment, your verdict wiU be for the defendant. �The jury found a verdict for the plaintiff for the full amount of her claim. ����