Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-11
McCUE CASE IN COURT
Does Policy Insure Against
Death of Hanging?
SUPREME BODY TO DECIDE
Discharge Of Sheriff Ship in Con-
tempt Case Is Asked.
OCTOBER TERM BEGINS TODAY
Justices Moody and Peckham Alb
sent on Account Of Illness-Cot-
ton "Leak" Cases Postponed.

| The question whether the ordinary in
surance policy insures a man against
death by legal hanging Is raised in the
case Of the Mutual Life Insurance Com
pany agt. J. William McCue and others,
| which was presented today to the SUI
preme Court of the United States.
McCue is one of the children of the late
]. Samuel McCue. who. while serving a
term as mayor of Charlottesville. Va.
was found guilty of numbering his wife
and hanged for the offense in 1905.
Was Insured for $4,000.
| About year previous to the crime Nc
Cue took out an insurance policy of S15,-
600 in the Mutual Life The company
refused to pay the policy on the ground
that 1.-The death of the insured by hang
ing under sentence of a court Of justice
annulled the contract Of insurance" The
case was tried in the United States cir
cult court for the western district OF
Virginia, which gave verdict in favor
of the company. but that verdict was
| court Of appeals for the fourth circuit
The insurance company now asks the
Supreme Court to review the decision on
writ Of certiorari, and its petition was
presented today. The court will announce
Its decision later.
Sn1pp Case Up Again.
Attorney A. H. Cliff of Tennessee pre-
sented the last Of number of briefs
bearing on the petitions of Joseph F.
Ship and a number of other reidents
Of Chattanooga, charged with completely
in lynching negro, after the Supreme
Court had taken cognizance Of his case.
There were originally about twenty
five Of the defendants charged with con-
al r,y,t NP fl,o Ii rrhN
but the number was gradually reduced UNI
til the last term OF court. when seven
or eight of them were pronounced guilty.
These included Mr.. Shipp, who was sher-
if Of tie county, and his deputy, Jere-
miah Gibson, who was the county jailer.
In Custody of the State.
In his brief Mr. Gift charges that the
court erred in many respects in reaching
its conclusions, and especially asserts that
when Johnson's lynching occurred he
was not in the custody of the federal
court, but of the state authority. Hence,
he argues, that there could have been no
lynching. He also denies all completely
in the crime by Shipp and Gibson.
Mr.. Gift especially sets up in his brief
that he appears as the friend and not as
the paid attorney Of his clients. He
speaks Of them as "old Confederate SOL
diers and men of high standing in their
community and makes an earnest plea
for their release.
Two Justices Absent.
| When the court convened at noon to-
day for the October term Justices Moody
and Peckham were absent on account Of
illness. Chief Justice Fuller announced
that for the convenience OF attorneys. ad-
missions to the bar and motions would
be received today, instead Of the second,
as usual.
Many attorneys were admitted to the bar
and the court received motions for writs
Of certiorari and motions to advance
cases The cotton Leak cases were
postponed until December IL. by request
Of counsel.
Tobacco Brief Not Ready.
1t was expected that the government s
brief in the tobacco trust cases would be
filed today, but 1t was not ready. 1t will
be filed later and the case will come on
for argument about Thursday or Friday.
The court adjourned until tomorrow,
when the docket Will be taken up.