The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-19
Mr.. WILSON CALLED DOWN.
JUDGE sPEER DIRECTS 4 WITNESS
TO BE CAREFUL OF HIS
STATEMENTS.

MIN NJ AAAtAA- ~
The Principal Question Before the
Court l. whether Col. Nay Did or
Did Not Receive a Check for Re
turn Premium when lie Was
Given Notice of the Cancellation of
the Policy.
The trial OF the suit OF Col. Charlton H.
Way. trustee for Airs. Frances n. Way
against the Royal Insurance Company Of
London for the amount of a policy for
5000 on his house and furniture formerly
located at Beaulieu, which was destroyed
by fire in February, 1884 together with
attorneys fees and damages was begun
II the United States court yesterday.
The questions and principles involved
in this suit are altogether different from
those which came up in the trial OF Col
Ways suit against the Western Assurance
Company of Toronto. Canada, recently
tried in the city court Of Savannah, ia
which Col Way was given a verdict
Messrs. Wilson & Grady are the agents
for the Royal Insurance. Company here.
The questions involved in the suit are Of
interest IN many respects. Col. Way
claims the policy was Of force at the
time Of the destruction Of his property.
that be made a demand on the company
for the payment OF the amount through
it's agents. and that payment was refused.
he admits receiving letter notifying him
of the cancellation Of the policy before
the IRE took place. but said that this
letter did not cancel the policy under
be Law, as D. did not contain the amount
que him as a return premium which the
company is required by law TO send when
rIrrr ra Hf On vols hot
piration. There was no five days clause
IN this policy, as was the case with that
OF the Western Assurance Company. and
= notice that it was cancelled under the
contract took effect Immediately, pro-
Nided the return premium was sent. The
company insists, through its agents, that
q. check for S615 was sent In the letter
notifying Col Way that the policy was
cancelled. Col. Way states positively that
the letter contained no such check. Wheth-
er il did or not is the principal question, 10
seems, upon which the jury is asked to
pass, under the evihEnce, in determining
The merits ~ the PEE tion.
Both Col Way and Mrs Way were on
the witness stand at the morning ses-
sion of the court. Mrs. Ways testimony
was brief. merely covering the facts that
the insurance had been taken out for the
amount stated. that it was in her name.
nd tor the use Of Charles -. Fisher of
Mrs. Way also stated that she opened the
letter from Messrs. Wilson and Grady
with regard TO the cancellation of the pol
acy, and that it contained no check for
The amount Of the returned premium.
Col, Way testified with regard TO the OBJ
tanning Of the insurance. lie also stated
that the letter from Messrs Wilson &.
Grady contained no check. He spoke of
having obtained additional insurance while
the policy OF the Royal was in effect. and
of having notified Messrs. Wilson a. Grady
of this fact. He also testified that he had
applied to the Royal for additional in
Surance and that Mr.. Wilson had said
he would ask his company II he could
Issue any further insurance on Col. Ways
premises. When this company refused TO
grant any additional insurance
Col. Way stated that Mr. Wilson en-
deavored to secure additional insurance
for him with other Insurance agents in
the city. He stated also that he had
motified Mr. Wilson of the fact that the
DETER referred TO contained no check for
return premium. He testified too, with
regard to the details necessary in such
cases, OF his having made demand for the
payment Of the policy, and of the refusal
of the company to comply with this de-
Smand.
Mr.. W. L. Wilson of the firm of Wilson
e Grady was the first witness placed on
the stand by the defense, and most of
his testimony was given at the night ses-
sion of the court. Mr., Wilson stated that
he had written the letter with regard
TO the cancellation of the policy and he
was positive that he had placed in it
The check for s6.15 for the return premium.
which Col. Way stated had not been re-
Eeived.
Mr.. Wilson'S testimony. especially with
regard to the efforts of Col
Way to obtain additional in
surance. was decidedly interesting.
When Col. Way applied to him for addi-
7ional insurance with the Royal, he said,
at his urgent solicitation he agreed to
telegraph his company asking if such ad-
ditional insurance would be allowed. This
telegram, he said, he wrote in Col Ways
presence, but when he went to the tele-
graph office he sent with it another tel
egram, instructing the manager Of the
company what kind of a reply to send.
which was in effect to refuse Col Ways
application.
When he was asked why he did not
tell Col. Way that he could not give him
any additional insurance. he replied he
old not do so because he did not like
to tell Col. Way that he believed if he
gave him additional insurance he would
burn his house down.
Judge Speer told the witness that this
was an improper statement, and instructed
the jury to take no notice of it whatever.
Hie told the witness that he must take
no such accusation of felony against the
plaintiff when he had not pleaded it in
writing before the court
Mr.. Wilson testified to having met Col.
Way on Bay street after the FIRE. and he
said Col Way asked him to do what he
could TO help him obtain this money from
Vhe Royal Insurance Company that it
would not affect him in any way for the
company to pay the amount as none of it
would come out of his pocket. that it would
make no difference to the com
qany or TO Mr.. Wilson, but would
make q great difference to him, and that
1t might do Mr.. Wilson much good through
the influence which he Col Way. could
throw in his way. Mr.. Wilson said he
made some casual reply to Col. Way, and
walked off, but under other circumstances
would certainly have resented any such
approach, as he regarded it as an eff
fort TO get him to defraud the company
When the additional insurance with the
Royal was refused Col. Way. Mr.. Wilson
asked one or two other agents if they
would take such insurance. When the
point as to why Mr.. Wilson had not told
COL Way outright that he could not give
him any additional insurance came up
again. Mr.. Wilson said he would answer
IF the court would allow him. Judge Speer