The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-20
A MICROSCOPE IN COURT.
Az EFFORT TO FIND THE IMPRESS
SION or APIN N 4 LETTER BOOK.

Page where the Letter CnnceIIfnE
Col. ways Policy Was Copied-The
Court Makes Practical Test of the
Matter-Judge SPeer COnsults n
DietfOnary-Is n Cheek a Legal
Tender in such Cases 1.-The Way
Case 10 Go 20 the Jury This Morn
ing.
Col Charlton Il Ways attorney ar. John
0cioolson. Jr, has just thirty-eight min
utes in which TO make his concluding ar
gument before the jury Ia the United
States court this morning. after which
The case viii go TO the jury on Judge
speers charge.
The case which is against the Royal
Insurance Company Tor the amount Of
$4,000 policy, together with damages and
attorneys fees, took up the entire day
again, in the court yesterday. but viii
hardly take more than an hour Of the
courts time this morning after which it
viii be in the hands Of the jury.
As a part OF the evidence the letter OF
1fessrs. Wilson & Gray notifying Col Way
Of the cancellation Of the policy, and the
letter book Of Messrs. Wilson q Grady, in
up at the morning session Of the court,
with a view 10 determining, as far as
possib whether the check for the re-
turn premium amounting 70 bl5
had been placed in the letter received by
Col. Way. as claimed by Mr.. Wilson, or
not as claimed by Col Way
With regard 20 this Mr.. Wilson stated
that he had pinned the check to the back
OF the letter before il was copied in the
letter book When the letter was sent he
stated also that the letters of Messrs. Bar
bee & Castleman instructing him to with
draw the insurance was pinned to II. This
accounted. in part, for the pinholes IN the
corner Of the letter received by Col. Way.
The question was whether the check was
also pinned to the back of the letter as
had been stated. For the purpose of look
ing into this matter Judge Speer sent out
and had a microscope brought into the
court room. He then took the letter book
in which the letter was copied and exam
ined the page for the impression of the pin
which held the check when the copy was
taken. He could find no such impression,
and asked Mr.. Wilson TO take the micro
scope and see II he could discover any.
Mr.. Wilson after examining the page,
admitted that he could find no such i'm
preston upon il as would probably have
been made by such a pin. Judge Speer
then had copied in an ordinary letter book
letter sheet with a check or similar
piece Of paper pinned to the back
Of it. 1t was shown from this test that
the pin holding such "a check would not
only make a strong impression, but that
the pinhead would cut through the thin
tissue copying sheet. Mr.. Wilson had also
stated that the impression of the check
was made on the letter. The microscope
did not satisfactorily reveal any such i'm
preston. These circumstances did not al
ter Mr.. Wilson's positive assertion, how
ever, that he had placed the check in the
letter and mailed it, and he was certain
that he had done this.
Another feature In this connection was
the statement written at the top Of the
letter, stating that check for $6.15 had
been enclosed as a return premium on
the cancelled policy, and which was
scratched out by Mr.. Grady when Col.
Way went to him and stated that no check
had been received with the letter. Mr..
Grady, in his testimony. admitted that he
had scratched out this statement in the
letter, to the effect that it contained an
enclosure for the amount mentioned. This,
IL is stated. was done before the fire.
Mr.. +. NJ. oliver, a clerk in the office
of Messrs Wilson & Grady. was put on
the stand to testify with regard to let
ter from Barbee & Castleman, directing
Messrs. Wilson & Grady to cancel the
policy on Col Ways house, which Mr..
Wilson stated he had shown to Messrs.
DCdI4IE ~ t1uilf WnGM ne asked lnGin
they wanted to take the risk on
Col. Ways house. MIR. Oliver first stated
that he did not carry such a letter to
Messrs bearing & Hull, but on closer
he stated that he could not re-
member positively whether he had done
so or not
Mr. r. NJ. Hull was placed on the
stand by Col. Garrard to prove. it seems,
that such a letter was sent to his firm.
Judge Speer, however, would not allow
Mr.. Hull to testify on these lines, stat
ing that the motives Of the company in
the policy had nothing
whatever to do with the case.
necessary for the company to assign any
reason as to why it withdrew the insur-
ance; therefore there was no reason for
any such matter in the evil
dence-
Another Interesting point lhac w II fig
ure in the case is the contention by Mr..
Nieolson that a check is not a legal tender
and could not be offered properly under
the terms of the contract in settlement of
the amount due as a return premium. The
contract states that the policy may be
cancelled by the insured at any time,
and the customary short rates of premium
will be returned, and also that it may be
cancelled by the company upon the re-
turn or the offering to return the I'M
earned premium on pro rata basis, in
current fund. Mr.. Nicolson has asked the
court to charge that this means a legal
tender and that check is not such in law.
He wants this point brought clearly before
the jury although mis- contention through
out is that the check was not inclosed in
the letter. Col. Garrard contended that
offering TO return meant the company's
to return, and he contended
that this willingness had already been
fully expressed in the letter from Messrs.
Wilson. & Grady to Col. Way, whether it
contained a check or not, and he, of
course, contended that ii did. On this
point being made Judge Speer consulted
Two dictionaries which were at hand and
stated that both the authorities were to
The erect that the expression Offering
10 return and the legal term tender
were synonymous.
At the conclusion Of the evidence the
court announced that each side would be
given two hours for argument. This was
shout / o'clock and Mr.. Nicolson opened
with citation of the law bearing upon
the points in question. Col. Garrard made
his argument in the afternoon and the
court adjourned shortly before O'Clock,
10 take the case up again this morning at
10 O'Clock. Mr.. Nicolson has 3S minutes
IN which to conclude, after which the
case will go to the jury on the charge
he ~ourf