The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-03-23

Company Co Recover $4,000 Insurance
on His Stock and Furniture Judge
Robertson. for the Defense, Intimates
There is More in the Matter Than he
has Brought Ont-Leavy on the Stand.
The Hotel Brunswick FIRE, which &C.
Cured on the morning of March 5, 1893,
and by which one life was lost, is again
occupying public attention. After sew.
eral postponements the case of A A.
Leavy VS.. the Niagara Fire Insurance
Company was called in the Hastings
Court yesterday morning. This suit is
to recover So, 200 insurance which Leayy
had on his stock and furniture and
which the company refused to pay.
Mr.. Leavy has several other suits
against insurance companies, and the
entire amount will aggregate about
$50 The attorneys in the case are
Griffin & Glasgow and 7. w. Miller for
Leavy and Watts, Robertson & Robert.
son for the insurance company. The
jury that is hearing the case is composed
OF c. D. Mars,on. w. A. Caldwell, Van
Taliaferro, l.. B. Deyerle, Geo. Gravatt,
j. E. Peck, R. A. Hoal, C. P. Read, j.
A. Fishburne, Fred Udy, A. w. Groves
and A. w. Pitman.
Major Griffin opened the case for the
plaintiff with short address, in which
he saiess.hat they had complied with all
the requirements Of the law in obtain
ing this insurance and were entitled to
the same.
Judge William Gordon Robertson's
opening address was a severe arraign-
ment OF Leavy. He minated that there
was something more in the matter than
had been brought out. He said they
expected to prove that the insurance
had been procured by fraudulent means
and that the sworn statement OF losses
had been subsequently changed. They
also expected to prove that the eX-
plosion in the building was not caused
Dy the whiskey in the bar OF Hotel
Bruins wick, but that they had occurred
before the fire reached the liquors.
The first witness was A. A. Leavy.
He gave a detailt d account OF his losses,
and how he had placed the insurance on
the building. His examination in chief
was finished shortly after dinner, and
then for the next two hours he was sub
jected TO rigid cross examination by
Judge Robertson. Several times the
witness become confused and contra
dicted himself, particularly as to what
building he first saw the FIRE in. He
said he saw the flames issuing from his
building and q few minutes afterward
said he saw them coming out of the
Moomaw building next door. He did
not stick to this statement very long,
however, but went back to his first as
sertion, that he first saw the flames in
his own building.
Judge Robertson commenced the
cross examination by asking Mr.. Leavy
how he obtained the insurance policy
dated February g. 1893.
~ obtained 1T from Lunsford & Son."
answered the witness.
Which one of the firm did you see in
regard 10 the matter?'
II did not see either one of them in
regard TO the matter. Charles Lunsford
came TO see me-"
Ibid he approach you first or did you
approach him?'
HE had been approaching me for
the last year to take out more in
surance."
The witness then detailed at length
how Mr.. Lunsford had approached him
on the subject and how he had taken
out the policy.
Judge Robertson produced the list OF
losses that MIR. Levy had sworn TO. The
entire value was a9.17S.O4 close
examination disclosed the fact that Mr.
Levy had MADE this list up from the
original cost OF the goods and had
allowed nothing for their depreciation
In value on sccount of having been
used. The witness finally acknowledged
that goods did deteriorate in value by
usage.
81 understand now that you admit
that the list was incorrect" said Judge
Robertson.
Some of it wac incorrect; yes, SIR"
answered the witness.
What ia the amount you claim now?"
about S. OOO."
You admit then that you made a
mistake Of Sits o.. Do you mean to
tell this jury that that takes into con-
alteration the depression in these
goods?"
"Yes, SIR"
Ibid you discuss the value OF these
goods with Mr.. Lunsford?"
mo, sir.''
LAS understand you. Mr. Lunsford
suggested to you that you should get an
additional insurance and suggested the
amount to you?'
Eyes. sir; he did"
Referring TO the fire, the witness
stated that he had closed the house
about three minutes Of l2 o'c .ock. The
front and back doors were both securely
fastened, and he had examined the fur.
mace in the cellar and saw that every.
thing was all right. He then went to
his room and retired.
How did you undress, or did you
undraaa at Qllob aakp6 .Judra Pobort-