The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-11
Not BEFORE MONDAY.
The Way Case Will NOt Get TO the Jury
Before Next Week.

Testimony Given Yesterday by Wit
nesses for the Defense-Adjusters
Hawkes. and Sullivan, Who Had
Charge of the Case for the Company,
on the stand-The Reading of Mrs.
Ways Statement Begun, But It Has
Not Been Introduced as Evidence.
Interest in the testimony in the Way
insurance case began to lag a little yes
terday, but was revived somewhat in the
afternoon, when Adjuster J. a. Sullivan
of the Western Assurance Company, who
has had charge Of the case almost from
the beginning. was put on the stand.
The usual number of spectators were
on hand during the day, and the insur-
ance men generally are taking a close
interest in the progress Of the proceed
ings. The testimony yesterday was near
" all that Of the defense, and the out
look is that to-day will be taken UP in
very much the same manner, and that
the case will not get to the jury before
next Monday night, or perhaps later.
The first witness yesterday was Mr..
]. T. Blount of Atlanta. who testified
that Col. Way had never paid him a cent
on the land at Beaulieu, and who said
that Col Way had cut wood there, or
had it cut without his permission. Mr..
D. B. Morgan testified in a general way
as to the value of the furniture destroyed
by the fire in the parlor at the residence
in 1898, which has been frequently al
luded to during the progress of the trial.
Mr.. Gratz Myers, agent for the West
ern Assurance Company. here testified
that Col Way had applied for this in
surance Of $500, and had given a sixty
day note for the payment of the premium.
After he took the insurance the company
called his attention to the fact that under
the terms Of ifls agency he could not
insure country property for more than
s., 800. He stated that he Immediately no
titled Col Way Of this fact, and Col.
Way told him that he was entitled to
five days notice, and must take adj
vantage of it, as the policy was in the
possession of Charles d. Fisher in Bal
tmore. After the fire, which occurred
before the five days expired, the com
pany notified him through Adjuster J.
A Sullivan that ne would have to be
personally responsible for the extra 81, 900.
He fatty contradicted Mr. Nicolson's
statement that he had refused to ac-
cept the proofs of loss from him, and
stated that he had accepted the proofs
OF loss when rendered by Mr. Nicolson.
Peter Fox testified as to the receipt
of some furniture at his place, which
had been damaged by the fire of 1893.
Adiuster w. n. Hawkes. went into the
history of the attempts to get an appraise-
ment of the property destroyed, stating
that he and Capt. Lamar could not agree,
OH ba foy faf
to do so. He described his very elegant
home in Atlanta, which he said cost S. 600
a few years ago, but which, he said, could
now be built for $1,000 Mr.. Hawkes. adj
mitted that he stated that if an offer Of
settlement was made to the company at
5000 it might be accepted.
Mr.. J. A. Sullivan testified as to the
various attempts to obtain a settlement
and also as to the examination under oath
with regard to the proofs of loss. He
stated that he had offered $4,000 in full
settlement of the claim. He stated he
had talk with Mr. Nicolson with regard
to possible settlement in which he said
he would not confne himself to $4,000. He
then referred to the examination of Mrs
Way with regard to the loss, and said that
il had been broken off in its midst without
his consent. He stated that the accusa-
ton that he had been liscourteous to Mrs
Way was not true, but that during the
examination he had ordered Col Way to
keep quiet or leave, on account of his
prompting Mrs. Way in her answers.
The testimony of Mrs. Way at the ex-
animation mentioned was not under oath
and no attempt has yet been made to offer
it in evidence. But some portions of it
were read last night and Mr.. Joseph NJ
Dreyer, the stenographer who took the
testimony, was placed on the stand to
prove it. 1t has not been determined as
yet whether this testimony viii be placed
in evidence. The hearing win be resumed
at 10 o'clock this morning.