An Alleged Swindler in 1906
Part 4
Continued from last week – if you did not read the beginning of this story published in this newspaper the last 2 weeks, you should find copies of them in the Herald Record and read “AN ALLEGED SWINDLER IN 1906” to catch up with what was going on in this story.
Summarizing the story thus far… S. G. Duckworth, who was a sub-agent for Equitable Life Assurance Society, was accused of swindling money from that company. He had a gambling problem which resulted in the loss of $300 or $400 in a single afternoon.
He was accused of writing bogus policies for months (the first fatal bogus policy was written a year to the day before Duckworth was arrested on March 25, 1905).
The grand jury at Parkersburg last Wednesday found 7 indictments against S. G. Duckworth, sub-agent for the Equitable Life Assurance Society, working under Agent Thomas B. Sweeney, of Wheeling.
Bond was given in the penalty of seven thousand five hundred dollars and the sureties on the bond are the father and father-in-law of the accused, S. G. Duckworth, Sr., and D. M. Haught, both prominent residents of Doddridge County.
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We pick up the story:
“The court announced that this was an action brought by the state against the accused for forgery and his guilt or innocence could be easily established. He did not think it was necessary to have the officials of the Equitable Life Assurance Society to come here to give their testimony, and that it would not be considered as grounds for a continuance.
The State announced that they were ready for trial. The defense announced that they did not wish a continuance, but simply desired to have the case ret for the next Monday in order that they could confer with the witnesses.
A compromise was effected and the case was reset for Thursday.”
West Union Record – Thursday, Sept. 20, 1906
Report of the Duckworth Trial.
“The famous Duckworth trial is now on in the Criminal Court of Wood County. The Herald will endeavor to keep its readers posted concerning this interesting case. It will be remembered that S. G. Duckworth is a former resident of this county and is on trial for defrauding of the Equitable Life Assurance Society of New York.”
The following report is copied from the Parkersburg Sentinel:
(September 13.)
“The case of the State against S. G. Duckworth for forgery, was called this morning at Criminal Court.
The indictment in this case charges the defendant with forging the name of Harrison B. Dodge, notary public to the papers in a death claim of $5000 against the Equitable Life Assurance Society of New York, on the policy purporting to have been issued by Duckworth to an imaginary person named Wilson, the check for the amount of the policy having been made to Duckworth the local agent of the company, whom it is alleged collected the money.
When the case was called this morning, the defendant was represented by R. L. Gregory, W. B. Pedigo and L. R. Via, as C. T. Caldwell had withdrawn from and refused to have anything further to do with the case. The state was represented by Prosecuting Attorney J. F. Laird, W. E. McDougle and W. W. VanWinkle.
When the case was called, the defense asked for a continuance of the case and filed an affidavit giving the grounds for the continuance which was read and submitted to the court, and allegations in the affidavit were that the defendant had summoned James Hazen Hyde, Paul Morton, and other officers of the insurance company, but that these witnesses had not put in an appearance, and that they were important witnesses and that the defendant could not safely go to trial without them and that they had in their possession books, papers, and documents that were necessary on the trial of the case.
The attorneys for the state combatted the continuance and the defendant was placed on the stand and interrogated by the Court.
Duckworth acknowledged that while he knew the parties were outside the jurisdiction of the court, he did not ask that they be summoned until a few days ago, nor did he make any effort to get their depositions.
Duckworth was asked by the Court what he expected to prove by these witnesses, and the defendant replied that he desired to show by them that it would be impossible to commit the crime with which he is charged, but that he had not consulted with any of these witnesses. He thought that their special agent Gaskins would give information in regard to the attempt that was made to compromise this case.
Judge Showalter, ruling on the Supreme Court decision in the Harrison case, overruled the motion for the continuance, holding that the defendant had not given sufficient grounds.
The defense excepted to each and every question propounded by the Court to the witness, and the exceptions were given.
A motion was then made by the defense to quash the venire. The Court desired to know on what grounds the motion was made.
The defense explained that they had no grounds in particular, but that under the law they were required to make a motion of this kind before the trial of the case began in order to get any benefit that might be desired from the improper summoning of the petit jury.
The defense did not interpose any objection, stating that they were ready to abide by the records.
Attorneys for the state announced that they were ready to proceed with the trial, but the defense refused to state whether they were ready, but would necessarily, under the order of the Court, go into trial. They announced, however, that they did not desire their witnesses called.
The witnesses for the state were called and the court directed that the jury be drawn.
The jury was drawn and at 11 o’clock the opening statements were begun, Mr. Laird leading for the state, followed by Mr. Pedigo for the defense, who made an able statement on his side of the case, claiming that the state had charged one crime in the indictment and would endeavor to convict the defendant on another charge.
Mr. McDougle made the closing statement, to the effect that the defense will make an effort to bring in extraneous matters for the purpose of confusing the jury, but that the State will show clearly that the defendant had forged the name of Harrison B. Dodge to a paper writing to the prejudice of the Equitable Life Assurance Society, and in order to prove this charge the State would be compelled to introduce testimony on a policy alleged to have been issued to one Hugh T. Wilson, the death claim having been forwarded to Duckworth from the State agent of the company, where it was allowed, and to show that a check for $5000 had been issued by the company and by the company forwarded to the State agent, and then the State agent forwarded it to Duckworth, who had the check cashed by the Parkersburg National Bank.
The opening statements were not concluded until two o’clock this afternoon.
The Court then began calling the misdemeanor docket, and the Duckworth case went over until Friday.”
(September 14.)
“Since the beginning of the trial of S. G. Duckworth for forgery, the attendance at criminal court has been much larger than usual, many attorneys being present who are taking a deep interest in all the proceedings.
Apparently, the accused is the most unconcerned person in the room, and this has been remarked by a number of persons, many of whom are of the opinion that he has not a true conception of the gravity of the offence with which he is charged.
The Sentinel gave details of the interesting features of the preliminary incident to the trial and the fight that was made for a continuance.
Several witnesses for the state were examined during the afternoon and there was a running fight all afternoon between the opposing attorneys in regard to the propounding of certain questions.
Dr. Davidson, the first witness, the local medical examiner for the Equitable Assurance Society, detailed how the local agent, S. G. Duckworth, brought an individual to his office whom he introduced as Hugh T. Wilson, and stated that Wilson had made an application for a policy of insurance for $5000 and that he, Wilson, desired to submit to the necessary physical examination, and that he found Wilson a fit subject for a policy, Wilson giving his occupation as a book-keeper, and his residence on Market Street.
Attorney H. B. Dodge testified that Duckworth came to his office and procured his affidavit to the fact that he was a notary public. He remembered the date and the circumstances and testified to the size of the document to which he subscribed his name. When shown the proof of death on the Wilson policy, and the other papers to which his name was attached, Mr. Dodge declared that his signature was a forgery and that he had not attached his name to any such papers as were shown in evidence.
S. H. Smith, the secretary of the state office of the Equitable Assurance Society of Wheeling was present and was on the stand for several hours on Thursday afternoon. He identified the policy of $5000 on the life of Hugh T. Wilson and the application which had been sent in by Duckworth and explained how it had been forwarded to the home company and the policy issued. Then, came the proof of death of Wilson, which had been forwarded to the Wheeling office by Duckworth and as they appeared to be in regular form, they were forwarded to the New York office and the check was made out for the claim and forwarded to Duckworth.
Smith was on the stand all morning for the state and through him all the correspondence of Duckworth in regard to the application and the identification of all the papers in the transaction were identified, the object being to show the intent.
The defense interposed numerous objections to the ruling of the court. This afternoon, Smith is undergoing a crow-examination.
Theodore Gaskins, one of the special agents of the company who worked up the case, and upon whose absence the defense asked for a continuance, is present in court and will give testimony when called upon to do so.
Judge Showalter announced today that he would hold a night session, as he hoped to get through the case this evening.”
(September 15)
“The trial of S. G. Duckworth on the charge of forging the name of Harrison B. Dodge to certain paper writings is nearing an end.
The state, as mentioned in Friday’s Sentinel had Mr. Smith of Wheeling on the stand all day, Mr. Smith being the secretary of the Wheeling office of the Equitable Life Assurance Society of New York. The witness was on the stand for the purpose of identifying the correspondence in regard to the application of Hugh T. Wilson for a policy of $5000, sent in by Duckworth, the identification of the policy and the other papers and the check given by the company in payment of the death claims.
The defense made objection to his evidence and this morning put him through a cross examination.
Today several of the physicians of the city were put on the stand who testified that there was no such person as the Dr. Williams, set out in the papers in the case, as the physician who attended the alleged Hugh T. Wilson. Clark Stout testified that he had no record of any such undertaker as A. J. Patton, mentioned in the death claim in the case and Deputy Sheriff R. K. Petty testified that three witnesses whose names appeared on the summons could not be found and were not residents of this city.
At noon, the state rested and when court convened this afternoon, the defense moved to exclude the evidence. The motion was overruled.
The defense refused to put any witnesses on the stand and announced that they were ready to argue the case.
Judge Showalter limited the arguments to two hours a side, and they are now in progress. Both sides have numerous instructions, and the case will probably be given to the jury at the night session.”
(September 17.)
“The arguments in the case of the State vs. S. G. Duckworth for forgery was completed Saturday afternoon, the Sentinel mentioning on Saturday that the defense had declined to offer any testimony. Despite the fact that it was circus day, there was quite a number of spectators present, among whom were the family of the accused, who surrounded him during the entire afternoon.
It was the general opinion of those who heard the evidence that the State made out a very strong case. The papers that had emanated from and had been written by Duckworth were all identified, and Mr. Dodge, whose name appeared as notary on the affidavits, declared that his signatures on the papers were forged.
The arguments were made for the State by W. E. McDougle and J. F. Laird, and for the defense by Messrs, Via, and Pedigo. In the arguments, as well as in the taking of testimony, the attorneys for the defense let no opportunity slip for assailing the company with which Duckworth was employed, or of its officers, whom they designated as thieves and plunderers. This probably had some weight with the jury.
The instructions were given before the evening recess and the jury was sent out at the opening of the night session. The jury returned to the courtroom about nine o’clock and announced that they had failed to agree. They were adjourned over until this morning, The Court, announcing that, if possible, the jury should get together on a verdict.
This morning when court was opened, the jury requested that the evidence of H. B. Dodge be read, and the Court directed the stenographer to read that part of the evidence.
The jury was sent out and returned into Court at noon without having agreed upon a verdict. They were adjourned until after dinner when they were again sent out.
The general impression is that the jury will be unable to get together and that the case will result in a mistrial.”
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Unless unexpected events arise, it is my hope to have the final segment of this story next week. Did Duckworth go to prison? Was he acquitted? Perhaps a mistrial was declared, or did the jury hang upon its return? Next week should tell the tale.
God Bless
Patricia Richards Harris
Doddridge County Historical Society