Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-22
Judge Barham Considering
Law as Stated by Counsel.
Will RULE TOMORROW
Jurors In insurance Case Notified That
They May Remain in Southampton
Today-substanee on instructions
Submitted TO Court.

Judge Barham has under advisemeht
proposed instructions to the jury III
the case Of the Commonw ealth against
A. b. Andrews and others, and ex-
poets 10 rule upon them tomorrow
morning. All OF yesterday was taken
up By argument on the instructions.
and when court adjourned shortly
after 6 O'Clock in the evening It was
agreed that The Southampton county
jurymen should be notified by tele-
graph 70 romain at their homes today
and report for duty tomorrow morn
ing. If the coart passes upon the IN
structions tomorrow morning, counsel
will begin addressing the jury al once.
Ii seems probable that the attorneys
will agree to limit the argument 10
one day for eac-- side, and the pres
ent understanding is that there Will
be no adjournment on Thanksgiving
Day. II this plan is carried out. the
Jury may retire Thursday evening.
The commonwealth submitted nine
instructions and tie defense twenty
one. Captain Berkeley, Mr.. Lett and
Mr.. Stuart all spoke in support OF me
instructions asked for BY the common
wealth and against some OF these SUD
mitted BY the defense. Mr.. King did
all OF the arguing for the defendants,
supporting the contentious of his side
and opposing some of those of the
commonwealth. Messrs. Bachelor and
and Read were present all day. but
Mr.. Harrison left for his home In
Lynchburg Saturday night and~did not
return for yesterdays proceedings. he
will be here "Wednesday.
The Instructions.
In substance, the most important
instructions asked for by the com
mcnwealth instruct the jury that II II
believes from the evidence that a com
binaticn of persons or companies 10
fix and control insurance rates existed
prior to May II. 1910. and that the
combination, exercising the power 10
fix and control insurance rates IN
Newport News, arbitrarily raised the
rates. not as a fair and legitimate
means of covering additional cost OF
doing business. the use of such power
by such combination is so prejudicial
to public welfare and so far beyond
any legitimate scope as to make the
combination a conspiracy under the
laws Of Virginia.
. The defense, in effect, asks the
court to instruct the jury that insur-
ance is private business; that the
companies are not compelled by law
to write insurance policies: that the
companies may write at their own
terms Or not at all: and that even
though the increase in rates was more
that sufficient TO meet the increased
local license tax, malice or wanton-
ness is not to be inferred by that act
Jurors Notified.
At the conclusion of the argument,
Judge Barhsm said that he wanted TO
.'get straight" on these questions him
self, and that while he was willing to
do almost anything TO hurry along the
proceedings, he felt that 1t would be
impossible to proceed with the case
this morning. Therefore he instructed
Deputy Sergeant Gray to notify the
jurymen that they would not be need
ed until Wednesday.
Only a few OF the twenty-three de-
PENDANTS were in court yesterday, as
it had been understood that the argu-
ment would not begin before this
morning. Probably all except one or
two will be on hand when court con-
venes tomorrow.