Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-19
ARGUMENT NO, FINISHED
UNTIL LATE LAST NIGHT
Mr.. Bachelor Closes For Defense
In Three and Half Hours, and Cap
tain Berkeley Speaks Four Hours In
Closing for the Commonwealth-Ac-
cused Leave For Homes.

After sitting for ten days-hearing
evidence for eight days and listening
10 argument by counsel for two days
Police Justice Brown now has the
Insurance cause under adyisement.
He will render his decision Wednes-
day morning, June 80. and all of the
twenty-three members and officers OF
the Southeastern Underwriters AS
ISOLATION who are charged with unlaw-
fully conspiring to fix and control
rates for insurance in Newport News,
have departed for their homes, their
bonds having been continued for their
temperance ON the 18th.
The hearing OF this case which the
people OF Newport News are so great
iy interested came to a close last
night few minutes after 10 o'clock,
with counsel and court thoroughly
worn out. Commonwealth Attorney
Berkeley was so unwell when court
reconvened for the night session that,
with the courts permission, he re-
manned seated while delivering the
greater part of his closing argument.
Mr.. Lett, who began speaking Friday
evening, concluded yesterday morning
and was followed by Mr.. Bachelor,
who spoke for three hours and half.
closing for the defense. Captain
Berkeley spoke two hours In the af-
ternoon and two hours last night,
dosing for the commonwealth.
Mr.. Lett Resumes Argument.
When Justice Brown convened court
promptly at 10 o'clock yesterday morn
ing, Attorney X. NJ. Lett resumed his
argument. Mr.. Lett began by readl
ing from Bishop on the common flaw
as applying to monopolies. Mr.. Bfshop
says that there is no lack oTcommon
law to control monopoliesf but that
1t is the non-execution n the exist
ing laws that allows We monopolies
to run unchecked fopfthe public are
ever disposed to allow themselves TO
be cheated"
Mr.. Lett declared that the State
cannot EXIT. Labor unions can exist,
but they cannot conspire 20 injure
the business of a person. Combine
sions that control trade and increase
prices of public necessities are
against the law, he said. The injury
10 the public Is the controlling fac
tor. II is criminal offense IL a per
son control the prime necessities of
life. be that person benevolent or
otherwise.
Gist Of Offense.
Reading from Beach on conspira-
cies, Mr.. Lett showed that this
author holds that combinations of
persons to control prices is Illegal.
The gist of the offense in this case
Is the conspiracy to control prices.
The speaker declared that the con-
tentton OF the commonwealth as laid
Gown is that the line of cleavage In
Virginia is the line set down In the
Crump and Everett Waddy cases in
The Virginia Supreme Court and not
the lines laid down In the Kentucky
Insurance case cited by the defense
Friday afternoon.
Mr.. Lett read from the Crump case.
which was a case of alleged boycott"
m Richmond. This case sets forth
that conspiracy to injure person
is indictabie and that the law of Lord
mansficld's time Is. good law today.
The execution Of the matter may be
Indifferent, continued Mr.. Lett. but the
conspiracy is Illegal and criminal. II
the combination has a tendency TO
cypress the public and hurt individ-
uais by raising rates II is Illegal.
Line OF Oemarkation Clear.
Reading from the Kentucky case.
Mr.. Lett quoted the judge who rem
dsred the decision for the court In
that case: we conclude that by the
common law Of Kentucky 1t is not an
iDdictable offense TO combine TO con-
troll rates of FIRE Insurance" Justice
Brown asked II there was the same