Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-11
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 su'
preme Court of the United States.
McCue is one of the children OF the late
]. Samuel McCue, who, while serving q
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 a year previous to the crime Nc
Cue took out an insurance policy of SIS.
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 a verdict in favor
of the company, but that verdict was
reversed by the United States circuit
court of appeals for the fourth circuit
The insurance company now asks the
Supreme Court to review the decision on
a writ of certiorari, and its petition was
presented today. The court will announce
its decision later.
Ship Case Up Again.
Attorney A. H. Cliff of Tennessee pre-
sented the last Of number of briefs
bearing on the petitions Of Joseph F.
Shipp and number Of other Rodents
of Chattanooga, charged with completely
in lynching a negro. after the Supreme
Court had taken cognizance of his case.
There were originally about twenty
five of the defendants charged with con-
tempt of the highest court in the country,
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-
iii of the 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
contempt of the Supreme Court IN the
lynching. He also denies all completely
In the crime by Shipp and Gibson.
Mr.. Gift especially sets up In MS Driei
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. adj
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 13, by request
of counsel.
Tobacco Brief Not Ready.
1t was expected that the governments
brief in the tobacco trust cases would be
filed today. but it was not ready. It 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.