Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-01
MOTION FOR CHANGc OF
VENUE UNDER AOVlSEMENT
Judge Barham to Decide Whether De-
Pendants Can &c Given Fair and
= Impartial Trial in Newport News
Before Case Can Proceed-Testi-
mony IS TO Sentiment.

Judge Barham has another import
mt question to decide before the trial
Of the Insurance case upon its merits
can begin That question is whether
or not the state of the public mind in
Newport News towards the defend
ants IL such that the case cannot be
given fair and impartial trial in a
local court The judge now has this
matter under advisement. and as court
was adjourned last night until 10
o'clock this morning, 1t is possible
that the decision willsbe given today
Counsel for the defendants, upon
the converting of court yesterday
morning. made a motion for change
of venue J. Winston Read in max
ing the motion. contended that the pub
lie mind here ha: been so inflamed
against the insurance men. on ac-
count of the action of the Southeas-
tern Underwriters Association In
making an increase of ten per cent in
local fire insurance rates, that even
jury brought into the city from
some other city or county might be
so Influenced by the sentiment pervad-
ing the atmosphere as to be unable
to give the defendants a fair and i'm
partial trial.
Commonwealth Attorney berkeley
argued that there was no sentiment
pervadng the local atmosphere that
would prevent jurors from doing their
sworn duty He objected to change
of venue on tho ground that II was
wholly unnecessary and would entail
expense and inconvenience.
Witesses Introduce.
To support their position, counsel
for the defendants introduced num-
her of witnesses. ". s Copeland. ed
itor of The Times-Heraid, the only al
ternoon daily newspaper published In
the city; Horace Epes, editor OF The
Daily Press. the only morning daily
newspaper published in the city. and
James L. West. a Daily Press repor-
ter. were placed on the stand to iden-
tify copies of the newspapers con-
tanning editorials and news articles
concerning the insurance trouble and
the prosecution. The object was to
prove that the local public is well in
formed concerning this prosecution
and what LED 10 il. and has been given
reason for believing that the combina-
ton of insurance companies has IN
justly oppressed the citizens and en-
deavored to coerce the city council.
City Clerk Floyd Hudgins. after being
called to the stand. produced copy
of a resolution adopted by the city
council appropriating $500 to be used
In securing Information To be used by
Tel In, ,r,,ff M
the council City Auditor c. X. Mes
sick testified that Sl39.65 of the money
appropriated by the council had been
paid 20 Commonwealth's Attorney
Berkeley.
Could Give Fair Trial.
The three newspaper men were
questioned as 20 the feeling in the
city in regard to this case. All
agreed that the people here are much
inccnscd against the insurance com
bination. though there Is no feeling
against fhe defendants In this case
personally. They did not think there
is any sentiment pervading the local
atmosphere that would tend 10 pre-
vent a jury brought in from elsewhere
giving The defendants a fair and i'm
partial trial
During the afternoon Detective Ser
geapt ]. w Reynolds and Y. NJ. Lett
and William c. Stuart. who are as
sisiing the commonwealth in the
prosecution of the case. were put on
the stand Sergeant Reynolds. who
wen; to Hot Springs with Captain
Berkeley 10 arrest the insurance men,