The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-23
COESTO THE
JURY TODAY
Case Of Busby Against Dawson
and Others Being
a Argued.
Mr.. RoYALL TO CONCLUDE.
Messfs. James, Smith, Iluntoia,
.a3 and Meredith Spoke
Yesterday.


K THE argument in the Busby damage
suit in tho Law and Equity Court was
commenced yesterday, and Will be con-
cludeG to-day and the case given to
the jury.
It was after 12 NJ. before Colonel 3. Q.
James opened for tho plaintiff yesterday,
further consideration of the instructions
having consumed over an hour Of the
time of tho court. "a
The address of Colonel James was
brief and he was followed in a clear and
forceful presentation Of the case from
the standpoint Of the defendants By Mr.
\ III. NJ. Smith. AZ
Mr.. Smith spoke for two hours. and was
followed by Messrs. Hunton and Mere
dith. in the order named, representing,
respectively, NIessrs. Bloomberg and
Marks. MIR. Meredith will conclude his
argument this morning, and then Mr..
Royal will speak three hours In closing
the case for the plaintiff.
X A The case will likely be in the hands,
tho jury this afternoon s
The jury took their seats In the box
3ats11 o'clock, but it was 1915 P. NJ. be,
read r the Instructions, over which there
had been more than two days battle be-
tween the attorneys The Instructions
we're clear-eut and explicit and d, they b
Honor. The court set OUT clearly the
duty of the jury, in view. OF the prtovi-
Ssions Of law. in, the various situations o
minds Of the jury. with regard totthe
case. and then Colonel B. o., James was
Recognized to argue the case for the
Taken ang snaf in
rows two or three deep outside the rail-
Ing Rey Dr. W o wTud r7r presiding ,ns
a number Of prominent citizens and pro
fessional, men, and as Colonel James
utmost silence in the court room. al
The senior counsel for Busby gave a
history Of the case and dwelt ttAlength
upon what he regarded as salient points
In favor of his client. i55 Z ..a
(, Colonel James discussed the Marks
letter of June 18th at some length. and
ppeaea e wond 'epn 70
interest of his client, Mr.. Busby.
Colonel James summed up the evidence n
Smith, representing Dawson, took the
floor to reply 4
Mr.. Smith Speaks.
from the standpoint of his client, Mr., 4
P gnsng sas hfn he base n amid
the rapt$ attention Of all IN the court
room. ~ \. @8 I, III . n, "a
been ser i loyal, wise and discreet in the
MANA cement Of Busby's affairs. and he
produced letter after letter from North
He took a crack at Messrs. Royal and
) James on account of their alleged Igno-
ct Their Gase but he n9dfsd hI
been piirposely kept from them and
others 6misrepresented to them,
III. 4 denounced BusI,y, and said the ex-
factor in the case. The jealousy Of !
Lucas, he said was another factor, and A.
ne referred to him as the Iago of the
ness and inexperience in business affairs
Of Mr.. Royal. Mr.. Smith declared that
I. me s, 3niy peg IN the case on which the I
the. Marks letter. and this. he said, while !
worded, had been writ
ten ts in absolutely good faith. He claimed !
BusbE's affairs over to Dawson. justi-
fled the writing of the Marks letter, and
he declared that If Mr.. Royal had !
would never ss have Been saf brought t MI Mr..
Smith concluded his speech, which was
quite brilliant argument for his client,
NJ . O'clock, and the court took a re-
Afternbon Session,
1t was AIS O'Clock When Judge ingram ro-
nscended the bench and in a few moments /
Mr. Hunton commenced his address 10 tho
jury on behalf Of Mi. Bloonberg. one Of |
Dowsons co-defendants In the case. /
ii He impressed upon tho jury the fact that |
the law governing such cases was that In
order to get verdict for the plaintiff, that
his ALLEGATIONS OF conspiracy. must be eatab-
lished by clear and convincing proof"
Y Mr.. Hunton went over the evidence In de-
tall. first contendlng that the letter or Busby
10 Dawson giving the latter charge of the |
former business was signed and delivered on |
Juno 18th. 1908 He went after tho defendant
With gloves off and dissected the evidence OF I
Busby and asserted that the bearing of the !,
witness on the stand was not such as would 4
impress one with the fact that he was tell
ing the truth, and moreover he had been
fatty contradicted by witness after witness
who had followed him. 5is,
Mr. Hunton aaid It was absurd for the plain
TN TO contend that II Dawson desired to per-
retuate fraud on Busby he would have ap.
preached Lucas. the latter's confidential clerk u