Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-02
TRIAL P0BABLY WILL
PROCEED TOMORROW
Deputy Sergeant Gray Goes After
veniremen-Court Decides That
Local Sentiment Is Not Such as
To Interfere With Trial by jury
From Outside.

A jury of seven men from Court
! land, the county seat of Southamp-
ton, will be empanelled in the Cor
poration Court of this city tomorrow
| morning at 10 o'clock TO try the case
of the twenty-four officer of the
| Southeastern Underwriters Associa-
ton who are charged with criminally
conspiring to fix and control fire in
surance rates in Newport News.
Judge T. J. Barham yesterday
morning rendered his decision over
ruling the motion of counsel for the
defense for a change of venue on the
| ground that the defendants could not
be given a fair and impartial trial
in this city
Immediately after the judge render
/ ed his decision, counsel for the insur-
anoe men renewed their motion ask.
ing that the jury to try the case be
brought from outside of the city At
ter listening to brief argument on this
| motion. Judge Barham Immediately
granted the motion and court was
adjourned until 10 o'clock tomorrow
afternoon. 1t was agreed that the
| jury should not be brought from Rich
! mond, Hampton, Norfolk or Accomac
counties because those places are the
| home offices of fire insurance COM
| panies.
Deputy Gray Leaves.
Yesterday afternoon Judge Barham
decided to draw the jury from Court
land and he issued the necessary or
der to City Sergeant c. W. Mugler.
! Armed with the courts order for the
summoning of panel from Court
land, Deputy City Sergeant T. G. Gray
left yesterday evening for that place
He will summon the Jurors this
morning and bring them to this city
tonight so that they will be ready to
answer for duty when Judge Barham
convenes court tomorrow morning.
Judge Barham's Opinion.
Judge Barham rendered a rather
lengthy opinion overruling the motion
for the removal of the trial from this
! city. Judge Barham said in part:
Judge Daniel in Wormley's case.
10 Or. 673 uses this language regard
| ing change of venue: Gases. how
ever may be supposed of such strong
and extensive and influential prejudice
and excitement against the accused.
as to endanger the fairness and in
Partially of trial conducted in the
county. even though the court should
encounter no serious difficulty or in
convenience in obtaining a jury. In
such cases. In order to obtain a full
free. dispassionate. just and impartial
hearing of the cause. ii might be Just
as important To change. the theater
OF the trial. as to have jury fitting
all the requirements of the law as to
qualification and freedom from excep
ton; And. TO use the language of the
same judge, further, in determining
this ques ton. no arguments Of in
convenience or delay should be per-
mitted TO stand in the way OF the
great end to be obtained-a fair and
impartial trial
j In order. however. to prevent the
hindrance and embarrassment to the
course of justice that would arise from
the courts too readily granting such
matters. the court should not grant
such motion unless it appears to It.
in the exercise OF a sound judicial
discretion that such passion and pre-
JUDGE and excitement exist against
the accused in the community where
tho co1rT sits, at the tine of the trial
as To endanger the fairness and i'm
Partially OF a trial conducted there
and then.
Edge Worn or
Continuing. the judge said: The
evidence as to yrblic excitement
shown by the sentiments expressed in
anv BY various organizations in the
city. such as the councils. the Ncr-
chants Association, and the labor
Union dates back &c a time nearly
six months ago. and II is evident to
every mind that MIR. Copeland. editor
Of the Timcs-HeTald. Is right when ne
: says that. while the people are Of the
same opinion On the subject Ct the
raise Of rates by the Southeastern
Underwriters Association. they were
then u happened. the keen edge of its
feeling Of Indignation has been worn
OF and snftcned BY time
In the course n their arguments
against The molten for a jury from
ouiside. Commonwealth Attorney
Berkeley and Attorney W G. Stuart
. declared that they we're a. anxious
- counsel for the defense could he
h that the defendants should have a
fair and impartial trial. but they did
not think that he courf should look
outside Tor a Jury until Il had been