Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-10
o; witnesses viii have been disposed
OF before today's session closes.
Witnesses Allowed In Court.

| Witnesses Allowed IN Sourt.
When court convened, Justice Brown
said that one of the witnesses sum
moned in the case thought that II was
Unfair 10 allow some witnesses In the
court room and exclude others. The
justice said that If there was no OBJ
lection by counsel he would allow all
witnesses who wanted to do so TO
come into the court room. There
was no objection by counsel and the
witnesses present remained In the
room.
Justice Brown asked the stenogra
pher when he expected 10 write up
the record OF the case. He said that
be wanted the record as quickly as
possible so that he could decide the
cae as soon after its completion as
possible. The court said that IL did
not care TO carry the matter In his
head too long. II finally was decided
that the stenographer should write
up the record Immediately after the
conclusion of the evidence.
Robert Lackey, Jr., of Richmond,
vice-president and secretary OF the
Virginia Life Insurance Company, OF
Richmond. was the first witness
called. Captain Berkeley asked the
| witness what portion of the $40, 1885,
4s paid by his company 10 tariff asso-
cations In 1909 was paid to the South
eastern Association. The witness
said that II was about $4,000 and that
,,shis sum was arrived at BY a percent
age of the premiums collected by his
company In the territory In which the
F; association operates. Witness said his
company Is a member OF the South
eastern Underwriters Association
| Captain Berkeley handed the wit
ness list of the insurance companies
as complied by State Insurance Com.
missioner Button. and asked him 10
name the companies on this list which
are members OF the Southeastern Tn
derwriters' Association. These com
panies were marked in the list and
after examinging the list, the witness
said that the German Insurance Com
rany, one OF those marked, is not q
member of the association. The wit
ness said that there were some com
panies not checked in the list which
are generally believed to be members
II the association. Captain Berke-
| ley asked the witness to name and
check such companies and Mr.. Batch
elor objected to the testimony on the
ground that MIR. Leckey was testify
ing from hearsay and that he could
not say absolutely what companies are
ind what are not members of the as.
ISOLATION. Captain Berkeley argued
that the witness was testifying as to
his general knowledge and that this
evidence was admissible.
Objection overruled.
Justice brown overruied the objec
ton and the witness proceeded TO
name the following companies found
IN the list and not checked as mem
bers of the Southeastern Under
writer's Association: The Western
Assurance Company, Northern Assn
rance Company. Ltd. Peoples Nation.
al Fire Insurance Company. The Pie.
nix Company. which recently was con
solidated with the Fidelity Company,
Hamburg and Bremen Company, Citi-
Gems Insurance Company of Missouri
interstate Fire Insurance Company
and the Virginia Fire and Marine In
surance Company.
Mr.. Leckey stated, In response TO
jquestion. that each company In the
association Is notified by an official
lof the association at stated times as
10 the companies which are members
OF the association and that he receiv
ed his information from the last
notice from the association. The wit
ness said that there are seventy five
companies doing business in Virginia
and that all except twelve OF them
are members of the Southeastern I'm
derwriters Association.
Commissioner Mskss List.
Captain Berkeley here offered the
list as evidence and counsel for the
defense said there was no objection.
However. after examining the list. coun-
sci for the insurance men, objected
on the ground that the list does not
show all the companies doing bust
ness IN Virginia. After some argu.
ment IL was agreed that Commission
er Button should make up and furnish
the State list Of all Companies do
ing business In Virginia.
The direct examination OF Mr..
Leekey was continued and In reply
to questions. he said that all COM
panies that are members OF the as.
socistiop pay toll to the association,
each company paying the same per
centage OF the premiums. The wit
ness said that the assessment on the
companies is levied each six months
and that The amount OF IL Is deter
mined by the executive committee OF
the association by the amount
of money necessary TO carry on the
associations work during the snssi.
ing six months. The. executive CON-
mittee, the witness said. Is composed
Iof fifteen members named by the
president Of the association at the
annual convention. A committee OF
twenty-five Is appointed at each con-
vention for the purpose OF looking
over the suggestions Of the retiring
president and winnow out the smaller
matters which are not OF sufficient i'm