Daily press. [volume] (Newport News, Va.) 1896-current, 1910-10-30
0yERRULES MOTION
TO QUASH WARRANTS
contentioH of Defense That There Is
No Law on Which &c Base Prosecu-
ton Against Officers of Southeast
Not Sustained-State Allowed to
Amend Warrants.

That there is common law in Vir.
sinia against criminal conspiracy;
that fire insurance is a necessity in
Newport News. and that the wanton
" raising of the rates on that neces-
sity by a combination of fire insur-
ance companies having the power to
control the rates is so prejudicial to
the public welfare as to be All indict
able conspiracy under the common
law of the Commonwealth, were the
findings of Judge +. J. Barham, OF
the Corporation Court, in a lengthy
opinion rendered yesterday afternoon
overruling the motion 10 quash the
warrants charging twenty-four officers
and members of the Southeastern I'm
derwriters' Assertion with criminally
conspiring 10 fix and control fire in
surance rates in this city.
Judge Barham's decision is a vic
tory for the Commonwealth in the
first and most important skirmish of
what mas developed into one of the
hardest fought legal battles in the
annals of local courts and it means
that the now famous insurance case
must come up for hearing on its
merits before jury of seven men
chosen from this city or some other
place If verdict of guilty" is re-
turned by the jury the case will &c
to the Virginia Supreme Court of APP
peals and that court will pass upon
the contention of the defense that
, there is no common law criminal con
spiracy in this State.
Must Amend Warrants.
In his opinion Judge Barham sus
aims the demurrer to the original
warrants and holds that they do
not aver the power of the parties
conspiring nor aver that which is
relied upon to constitute conspir
acy However, the court allows the
Commonwealth to amend the original
warrants and that matter will be
taken up at 10 O'Clock tomorrow
morning.
Immediately after the judge con
cluded his opinion. counsel for the
defense notified the court and the
prosecution that it will ask for :
trial by a jury drawn outside of thi:
city and that it intends TO offer evi
dence in an effort to show that tht
defendants cannot be given a fail
and impartial trial by jury of New
port News men, The drawing of The
Jury will be gone into immediately
after the amending of the warrants
tomorrow.
When Judge Barham assembled the
bench at AIS o'clock to render hi:
decision after having the matter un
than .
week. only the attorneys in the case
two fire insurance agents and a fen
interested lawyers were present. At
torneys o. ID. Bachelor and J. Win
ston Read represented the defens'
and Commonwealth Attorney c. c
Berkeley and Attorneys W. c. Stuar
and X. NJ. Lett represented the State
The defendants had been allowed bJ
the court to return 10 their reSpec
tive homes while ne was preparing
his opinion. They will come here
for the trial as quickly as possible
Attorneys Randolph Harrison. o
Lynchburg. and Alexander King, o
Atlanta. of counsel for the defense
will arrive here Tuesday morning
prepared TO 90 into the trial.
fut. ext OF OptNfOU-
After expla ming his seeming delSl
in rendering his decision by remind
ing counsel Of the great task involved
in examining the numerous author
ties cited bv counsel in their lengrhl
Arguments. Judge Barham rendered
rs opinion. h l. as follows:
Il suppose there - one proposition
that lies al the root Of this whole mat
ter. and that is the question o
whether there is any common law II
virginia on he subject Of crimina
conspiracy that may be relied rpol
to testify a prescott on in this case
A very interesting case + cas-
from Kentucky Of the Aetna Fire IN
surance Company against the State o
Kcn'ucky. They have statute o.
the subject there. and this prosccu
ton was had against q combination
Of underwriters in Frankfort forme'
for tho purpose o. fixing rates % ir
surance. asd the question was thor
brueht M and q was admitted ina
the prosecution was net under IN
statute. but that the common Law "a
relied upon. The court there goes q
10 consider the question % the con
mon Law Of conspiracy IN England
and hoids fhst the common law Q
criminal conspiracy In England whic
vas brought into Virginia In TIE tim
Of James /. 1901. was limited 20 Ia