Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-09

! Ii. q. chattsrly. Baltimore, u. b
Dewey. Goldcross. N. c.; George Nc
Goodridge, Norfolk; b. A. Hamlin
Danyilie; Il. Ii. Jones. Richmond; JET
serson Pierce, New York; w. r,
Robins, Richmond and A. M. Trsvers
Richmond.
The absentees: X. T. Caldwell. Guy
Carpenter, Geo. II. Collins, r. NJ
Hughes, J. 3. Middleton and Fl. NJ
4 amer, all of Atlanta, Ca; A. L.
Brooks and Dsner Blackmor, OF Cot
umbus, Ga; d. J. Smith, of Charlotte
N. c., and ii. C. Hare, Of Jackson
vile, Fla. s-
Witnesses EXCLUDED.
Justice Brown asked all of the de
PENDANTS present to take seats in the
jury box, saying he didn't like to try
anybody he couldn't see.
All OF the forty-eight witnesses for
the commonwealth were called to the
bar and sworn. then they were excus'
I'd from the court room. The depart
ure OF the witnesses almost cleared
the court room of what had seemed to
be quite a crowd OF spectators.
Col. Joseph Button. State commits
sionr of insurance. who will be wit
ness for the commonwealth, remained
IN the courtroom by agreement and
Invitation OF counsel.
Counsel for both sides said they
were ready to begin trial, and the
court proceeded to read the warrants.
There we're two warrants. each charg-
ing the same offense; the names of all
the defendants appearing in the two.
some names appearing In both and
others only In one. Captain Berkeley
explained that the warrants were In
this shape because all Of the defend
ants were not known to him at the
time the warrants were issued and he
started tor Hot Springs.
Messrs. Bachelor and Read object
cd to going to trial on both warrants,
contending that as the same offense
was charged in each. a conviction un-
der one would make conviction I'M
der the other impossible. The com
monwealth contended that as each
warrant charged the defendants with
conspiring between themselves and
PARTIES unknown, there could be a
conviction under both.
Captain Berkeley had prepared an
amended warrant containing the
names Of all the defendants, but he
did not submit It to the court, 1t being
agreed to proceed with the trial on
the two warrants. counsel for the de-
tense reserving the right 70 argue
further on their contention
"A Good Trust"
1t is obvious from the nature of the
cross-examination conducted by coun-
sci for the defense that the defend
ants propose to base their claim for
acauittai upon a contention that the
liking OF rates by the underwriters as
ISOLATION results in great benefit in
stead of great injury to the insuring
public; that while 1t is true that the
association controls rates in Newport
News and elsewhere. this is good
trust" which gives the people fair
and equitable rates and teaches them
how to save their property by reduc-
ing the hazard.
Captain Berkeley contends that a
combination controlling or tending TO
control insurance rates Is an unlaw-
ful conspiracy within the meaning of
the common law. regardless OF whcth.
er or not IL be proven that excessive
or oppressive rates are charged. How.
ever. this point has not been argued.
and the great bulk of the testimony
Drought out yesterday had to do with
the question OF whether the operation
OF the underwriters association bene.
hts the insuring public. The two in
surance men who were on the stand
almost throughout the dag were exam
med by the commonwealth slrst as to
the existence Of the association and
its rate making powers. and as 10 the
connection between the organization
and the defendants. In their answers
The witnesses said a great deal about
the good accomplished by the as
sociation, and the cross-exsminstion
by counsel for the defense was direct
"a almost exclusively to this line of
testimony. This opened the way for
rigid oross-exsminstion cf the wit
'esses oy the attorneys for the com
menwealth along the sane line. al.
though the commonwealth reserved
the right TO move tAat all such testi
mony be stricken out.
Resume Hearing Tossy.
Court adjourned At Sis O'Clock in
'ne evening to reconvene this morn.
81