The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-05
M'CUE CASE NOW IN
COURT OF APPEALS |
Argued at Length Yesterday and
Submitted to Judges in
Richmond.
MANY INSURANCE MEN THERE

4 T. ~ ( T. = 4 y y i r X y D
Argument OF the suit affecting the
payment OF the insurance on the life
OF j. Samuel Mccue, who was hanged
at Charlottesville for tho murder OF
his wife, was heard yesterday In the
United States Circuit Court OF Ap-
peals.
The action lies against the North
western Life Insurance Company. which
declined to pay a policy OK $4,000 Is
sued to McCue. because ld was exc
cuted. contingency not contemplated
appeal from the decision Of Judge Nc
Dowell. in the United States Circuit
Court for the Western District VI vir-
Einia, located at Lynchburg, who held
that II was against good public pOl-
Icy" to require the insurance COM
pany to pay the amount under the
circumstances. 4
Argued at Length.
Mr.. Marshall Dtnwiddic appeared In
court a. the next friend" OF the minor
children OF the ex-01ayor. who are tho
heirs OF his estate. The insurance COM
pany contended through, counsel that
equivalent death penalty, as provided
by the laws Of the State. would be In
principle equivalent to suicide, con-
tingency expressly reserved In thc
contract between NcCue and the in--
surance company. Is
Messrs. Hartman and Walker and g..
B. Sinclair, OF Charlottesville. appear
as counsel for Mr.. Dinwiddle and his
wards. William, Samuel o.. Harry
NJ. and Ruby g. Mccue. The insurance
company was represented by Hon. Will
liam II. White, OF Richmond, and Mr..
William II. Willie, Jr.. OF Norfolk. Both
sides filed briefs shortly after the
opening OF the February terms OF the
court at noon yesterday, and In the
afternoon the court heard oral argu-
nent. The three Judges sitting are
Judge J. c. Pritchard, United States
Circuit judge, OF Asheville, N. c.; Judge
Aston G.. Dayto United States Dis
trict Judge. Of Phillippi. W. Va. aud
Judge Edmund Haddill. United States
District Judge. OF Richmond Judge Fl.
C. Mcdowell, OF the Western District
Of Virginia. who Will act as circuit
Judge during this term of the Court
OF Appeals. was disqualified from sit
ting in this case, as 1t was an APP
peal from his own decision. and Judge
| Waddill took his place.
AS a reply to the opinion OF Judge
Mcdowell that the payment OF this In
surance, under the circumstances,
would be against good public policy.
| the attorneys for the McCue children
cite n famous English decision In Rich
ardson VS.. Mellish e Bing. a29-25Sj,
which says:
"Public policy Is an unruly house,
and when once you get astride of u
you never know where 1t may carry
you. 1t may lead you from sound law;
1t is never argued at all but when all
1 other points fall"
History of Case.
\ The facts OF the case. as shown from
4 the briefs filed by both sides. seem
4 to be that on February, 1904. j. Samuel
! McCue made application for ten-yeul
renewable $4,000 policy In the COM
1 pany. through Carroll and Fitzgerald
solicitors, and r. a Cary, the genera
agent at Richmond, the premiums tc
be annual from September 18th. The
1 application was accepted. and or
March 10Th 1904, policy No. $3.50
was issued.
On September z, 1904, Mlccue was ar
| rested for killing his wife, and or
September 18th, was in jail awaiting
| trial.
His note for the premium, s+27.5o
fell due and was paid On November
/ 5, 1904, McCue was convicted, and or
February 10, 1905. he was hanged. Or
February goth his brothers qualified
| as executors of his estate. filing ns
proof of MeCue's death the sworr
statement Of physician that McCue
] had died after an illness Of eighteen
/ minutes from suffocation by hanging
1 The claim for the insurance was de.
i clined by the defendent company or
the ground that the death Of the in,
sured by hanging under sentence o.
q court of justice annulled the con;