The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-06
BEST LIBEL CASE
NON N-SU|TED
MistriaI in Henry Burk
Suit. Appeal in Las
sitter Case.

In the Superior court yesterday the
trial of the suit of Henry Burke
against the Seaboard Air Line was
concluded, resulting in a mistrial. Ar
gument was made by Mr.. John w.
| Hinsdale Jr., for the plaintiff, Capt.
| w. H. Day for the railroad and Mr..
| w. b. Snow for the plaintiff. The
case went to the jury shortly before
one O'Clock, and after several hours
! the jury came in and said they were
unable to agree, Whereupon Judge
| Brown discharged them and ordered
a mistrial. Burke was a colored en-
| ploye of the road who lost a leg at
Cheraw, S. c., by log rolling on him
! from a fiat-car.
| The Seaboard Air Line attorneys
moved for a new trial in the case of
| Albert Lassiter administrator of A.
| T.. Lassiter, who was awarded $55 500
| for the killing of Conductor LaSsiter
at Henderson. The motion was re-
! fused, and notice of appeal was given.
| In the libel suit of E. j. Best against
| the Aetna Life Insurance Company,
| judgment of non-Suit was entered. Mr..
| Best had sued the Aetna for 5000
! because of a letter they wrote to
the Empire Commercial Agency, of
which he is the Raleigh correspondent.
| Some time about the first of last July
| Mr.. G. u. Tucker, of this city, applied
| for a life insurance policy in the Aetna
| company through Mr.. John S. Mckee,
| local agent under Mr.. j. ID. Bouhall,
general agent. The application was
referred TO the Empire Commercial
| Agency, of New York, for further in
vestigation as to the character, habits,
etc, of the applicant. The agency
wrote to MIR. Best for a report on Mr..
| Tucker, and Mr.. Best reported fa-
vorably. Soon after Mr.. Best had sent
| his report to the agency, he received
| a letter on July 14th from that con-
Germ saying that after forwarding the
! report to the Aetna company, they had
| received a letter from the Aetna peo-
| pie in which they wrote that Mr.. Best
was in collusion with the agent of
their company, Mr.. Mckee and had
| furnished a report upon Mr.. Tucker
Withholding alleged facts about his
| drinking. Thereupon Mr.. Best secured
! letters from city officials and promi-
! nent citizens, who had known Mr..
/ Tucker for years, confirming his re-
port to the agency as to Mr.. Tuck
! er for years, confirming his report to
| the agency as to Mr.. fuckers habits.
| Immediately upon the receipt of these
| letters, the Aetna company issued the
| policy.
The divorce suit of Sallie Bell
| divorce granted
! In the Aetna Life Insurance Com
| pany against John Underwood and w.
E. Kyle, Judgment for $43.92 was en-
tered in favor of the company. This
was a suit to recover from bond sure
| ties of Il sub-agent.
| The suit of w. A. Myatt against j.
! d. Whitaker was continued.
| c. w. Robertson against j. b. Thorn
| as and Company and others, was
commenced just before court adjourn
! ed for the day.
Selma Case To-day.
Today in Superior court is the day
| set by Judge Brown for hearing ar
gument of counsel on the legal ques-
| ton involved in the entering of judg-
| ment in the Selma connection case. 1t
will be remembered that the jury on
last Saturday found that the order of
the corporation Commission re-
quiring the Atlantic Coast Line
| to run an extra train from
Rocky Mount to Selma SO as to con-
meet with the Southern train leaving
| Selma Westbound at 1925 was rea-
sonable and proper, and found also
| that the cost per day of running such
| train would be $40, and the revenue
| derived therefrom $25. Upon this
| verdict both sides claimed the judS-
ment, W1lCn OF course Involves lIe
| jurisdiction of the Corporation Com
mission in the matter of ordering ad-
| ditional trains and changes in Sched-
ules.
The attorneys are Tor the State,
Hon. F. A. Woodard and Mr.. G.. a.
Woodard, of Wilson, Attorney General
r. d. Gilmer, Messrs. Argo & Shaffer,
and Mr.. G. M. Busbee; for the Allan
| tic Coast Line, MessrS. Junius& Davis.
of Wilmington; Pou e. Fuller, of this
| city and Douglass 81 Simms.