Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-24
NO HALT ON ACCOUNT
or THANKSGIVING DAY
Jurors ard All Concerned Anxious to
Get Throueh--stusrt and Lett, For
Commonwealth, and Read and
Bachelor, For Defense, Speak
Hinges on Malice"

Under the instructions given ps
Judge Bkrham, the jury in the South
eastern underwriters Association
case will have but one real question
to decide--that is. WAS the associa
ton actuated by malice when IL rails
ed the rates OF fire insurance In the
city of Newport News ten per cent?
The case probably will so to the jury
this evening, as II is agreed that no
halt shall be made on account OF
Thank sgiving. Judge Barham passed
upon the Instructions when court con-
vened yesterday morning. and when
court adjourned last night at $50
o'clock four of the six addresses &c
the jury had been made.
Mr. Stuart opened for the common
wealth. beginning at II o'clock and
closing at o'clock. After the mid
day recess Mr.. Read. opening for the
defense. spoke from o'clock until
shortly after O'Clock. Then Mr..
Lett, for the commonwealth. addres s.
ed the jury until o'clock. the usual
time Of adjournment. The jurymen
expressed their willingness TO go
ahead" unit; as late as 10 o'clock, so
Mr.. Bachelor, for the defense. made
his address. speaking until $3.50
O'Clock.
Closing Addresses Today.
Mr.. Harrison will close for the de-
Tense this morning His address
probably will consume the time OF
the morning session. and Captain
Berkeley will have the afternoon ses-
sion in which to close for the. COM
monwealth. This will give the Jury
the case late this afternoon. and as
the iurymen. as we'll as everybody
else concerned are very anxious to
get through with the case. II is very
likely that the deliberations will ex-
tend far into tonight. II necessary, to
reach verdict.
The instructions.
In giving the instructions to-the
iury. the court modified considerably
those offered by both the common
wealth and the defense. The COM
monwealth is relying largely upon
the instruction allowed by the court
defining the LEGAL meaning of the
word malice. Malice, as understood
by the layman. and malice within the
meaning of the law are decidedly diff
ferent things, and the distinction is
clearly brought out in the instruction.
The defendants won victory. and
are relying upon it.&in securing in
structions to the effect that IL the
Jury believes the defendants increased
the rates In Newport News for the
bona fide purpose OF covering the cost
Of additional taxation. even though
the increase provides revenue ssnore
than snfficient TO Offset the increased
cost OF doing business. the defend
ants must be found not guilty.. These
instructions. with the one telling the
Jury that TO convict the defendants
they must believe the act of raising
the rates was malicious. are what
counsel for the defense seem to de-
pend for a verdict OF acnui'ssi.
malicious or Not Malicious?
Mco%fs. Stuart and Lett. arguing for
the commonwealth. commended earn
estiy that the action Of the associa-
ton in increasing the rates was ma
l;cious and In wanton disroKard of
the rights of the people of-Nevport
News. Messrs. Read and Bachelor
as earnes tiy insisted that their cE-
ents had merely added to tine local
rates as a business proposition. tc