New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-12
SUPREME COURT MEETS
Tsunessee Lynching Case Up 4 gain
Railroad and Insurance Suits.

.,..sb,,rton. oct 1.-THE Supreme Court OF the
- states net al noon to-day for the regular
- ri 1slq-lA only seven Of the nine members
- crescent Justices Peckhagn and Moody being
~ on account Of illness The court was in
- only about forty minutes but admitted
- ,hi-tv new members Of the bar. heard large
"-,.,. Of motions and dismissed several cases on
...,,Istior The call of the docket will begin to-
morrow
-,,sr Of briefs bearing the petitions OF Joseph
: Shirn and several other residents Of Chatta-
- charged with completely In lynching Z. john
- negro. after the Supreme Court had taken
--izance Of his case. There were originally about
.-s-+,-fve defendants. al charged with contempt
- court but the number was gradually reduced
.-.r the last term. when seven or eight Of them
~ declared guilty These included Shipp. who
vas sheriff Of the county, and his deputy. jeremiah
l..ss,r who vas county jailer Mr.. cliff alleges
.sst the court erred in many respects in reaching
as c5ncusons. ana he especially asserts that when
losnson was lynched he was not IN the custody of
80 federal court. but Of the state authorities
tssn,e Dr. argues, there could have been no con-
,s-nt OF The supreme Court. He also denies all
completely In the crime by Ship and Gibson.
on behalf Of The Delaware a Hudson Railway
Company ]. n. Beck presented petition for a writ
Of ,ertiorari in the case q the Albany & Susque-
hama Railroad Company agt the Delaware *
Hudson. which, if granted, viii bring the case TO
r4rt against the Delaware & Hudson road for
rl-sZ with interest. Tor rent on the lease Of the
scscueharua 10 The Delaware & Hudson Il brings
.r many arSt-use questions affecting the leasing Of
one railroad by another and Is considered Of great
Importance in railroad circles The court took the
ret,i0n under Amusement
TIE cotton leak cases Involving charges Of
conspiracy in the premature publication Of the cot
t1r statistics II the Agricultural Department were
rsssslsned. and December was fixed as the time
fr hearing The defendants are Theodore H
Price, George A Peckham and Moses Haas Of
New York They are under indictment in the courts
q the District Of Columbia, and the present pro-
ce5.ng involves the legality OF their removal from
NeR York for trial
Another application for a writ Of certiorari in
VOWED The validity Of an insurance policy when
The insured person commits suicide The policy in
his case was issued by the Mutual Life Insurance
Company o. New York for G0o.G10. and was on the
lie Of L-otus Il. Perkins Of Kansas. The com
pa2y alleged fraud in obtaining the policy
The question whether an ordinary insurance pol
&C. is valid ia the case OF a man legally hanged is
raised IN tie suit Of the Northwestern Mutual Life
Insurance Company agt J. William AfcCue and
others AcCGe is one OF the children OF J. Samuel
Mcc--. once Mayor Of Charlottesville Va who
vas found guilty OF numbering his wife and hanged
~ 1903. About year before the crime AIcCue
io1A OH policy for $4,000 II The Northwestern
Mutual Lie. The company refused TO pay. on The
under sentence OF a court Of justice annuIled the
contract OF Insurance The Circuit Court Tor me
Western District OF Virginia gave verdict in IA
Tor ~ tie company, which was reversed by the
Cou-- OF Appeals for the Fourth Circuit The in
s-Elce company now asks the Supreme Court u
review the decision.
Tie case Of the city OF NeNbur,port Mass.
against The Citizens Savings Bank, OF Providence
involved right Of the hank 70 collect on SO %
worth a notes fraudaentIy issued By the treasurer
q die c--y the name e the city. It was ALLEGED
that thc treasurer, James [. FeIker had issuet
the notes 10 cover up shortage OF his own b1
as be was apparently acting under authority II,
Circuit Court and the Court Of Appeals for the
t1rsr Circuit gave judgment IN favor OF the bank.
In ne case OF lucy * Co, the question of thu
ris-- = z broker 10 withhold the name OF the pur
chaser Of stock when IFS ownership is desired FOR
assessment purposes is involved The shares were
listed by the American Alkau Company and the
-rC--t Court fOr the Eastern District OF Penn
sylFar-a held that The company could compel the
brokers 10 reveal the names Of purchasers. even
iho1sl the purchases were made nine years before
The case Of Majors agL. Williamson deals with