The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 32
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272 FEDERAL REPORTER
v. Pearce, 87 Kan. 457, 124 Pac. 814; Moseley v. Eakin, 15 Rich (S.
C.) 324, 339; Macon Ry. Co. v. Mason, 123 Ga. 773, 51 S. E. 569;
Stanley v. Stanley, 112 Ind. 143, 14 N. E. 261.
 The testimony which the plaintiff gave as to communications
from her husband were not, within the meaning of the statutes, con-
fidential disclosures or communications, the publication of which
would betray conjugal confidence and trust or tend to produce family
discord. Clements v. Marston, 52 N. H. 38; Parkhurst v. Berdell,
110 N. Y. 386, 18 N. E. 123, 6 Am. St. Rep. 384; Greenlee v. Kansas
City Casualty Co., 192 Mo. App. 303, 182 S. W. 138. The view which
we have taken of the construction of the statute renders it unneces-
sary to discuss the question of waiver or estoppel, upon which the
court below admitted the testimony.
 The witness Frederickson, a friend of the plaintiff and the de-
ceased, testified that a few days prior to his death the deceased said
"he was going to sell his stocks he had and was going to buy city prop-
erty with his money from now on. * * * He said he might sell
the old home and build a home closer on account of his wife didn't
want to stay out there alone. It was too far out." He testified fur-
ther that he had heard the plaintiff say to the deceased, "George, you
will have to get me a gun if you want me to stay out at that house,"
and that the deceased had said to the witness that he would have to
have a gun because his wife did not like to stay in the house alone un-
less she had a gun. Objection was made to this testimony as imma-
terial, irrelevant, and also as self-serving. The testimony was offered
for the purpose of showing absence of motive to commit suicide.
"Where the defense is that the insured committed suicide, any legal
evidence is admissible which tends to throw light on the circumstances
and causes of the insured's death, such as evidence as to the condition
or state of mind of the insured before his death." 25 Cyc. 940; Shar-
land v. Washington Life Ins. Co., 101 Fed. 206, 41 C. C. A. 307. The
defendant had introduced testimony tending to show that the death of
the deceased was suicidal, that on the day of his death he had collect-
ed a considerable sum of money, and had bought a pistol. In rebut-
tal of the inference deducible from that testimony, it was competent
for the plaintiff to introduce evidence tending to show that very short-
ly before his death the deceased had no intention to commit suicide.
Messersmith v. Knights of Pythias, 31 N. D. 163, 153 N. W. 989. In
Fidelity Mlut. Life Assn. v. Miller, 92 Fed. 63, 34 C. C. A. 211, it was
held that a letter written by the insured to his wife a day before his
death was properly admitted to rebut evidence which tended to show
that he was contemplating suicide.
 The witness who sold the pistol to the deceased was asked by
plaintiff's counsel whether or not the deceased "appeared to be wholly
ignorant as to the operation of the gun which you showed him," to
which the witness said: "I should say so, yes." The testimony was
objected to as incompetent. It is now contended that it was reversible
error thus to admit evidence of the opinion of the witness. The wit-
ness had already testified that the deceased did not know how to op-
erate the pistol, and added: "I showed him all I knew about it." On
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/54/: accessed July 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.