The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-18
HARD ACQUITTED IN
CRIMINAL COURT ON
INSURANCE CHARGE
Under Indictment for So
Letting Insurance for Com
panies Outside State
RICHARD w. MASSEY
is CHIEF WITNESS
Acquitted on Ground That He Was
Acting as Massey's agent"
and That He Was Not
Soliciting

James H. Hard well known insurance
broker, was acquitted late yesterday aft
ernoon in the second division of the Grim
inal court of the charge of soliciting in
surance in violation of the laws of Ala
bama.
Following a motion of Attorney Vassar
L. Allen of the defense to exclude all
the testimony brought out by the state,
which was ruled on favorably by Judge
William E. Fort, a general charge was
requested and the jury was instructed
to return verdict of not guilty. The
verdict was written by Judge Fort, and
signed by a member of the jury as fore
man. without the jury leaving their
seats. The ruling of Judge Fort was
handed down at about $40 o'clock, and
marked the closing of the most bitterly
fought case witnessed in the criminal
courts in several months.
Mr.. Hard was indicted on a new statute
which makes it illegal to solicit insur-
ance for companies not listed as doing
business under the supervision of the
state of Alabama. 1t was the first time
such a case had reached the higher courts
of Jefferson county.
Solicitor Hugo l.. Black appeared to
prosecute the case in person and he was
opposed by Zeb T. Rudolph, Vassar L.
Allen, r. D. Coffman and Marvin Hall,
the attorneys representing Mr.. Hard.
ATTORNEYS SETTLE DEMURRER
The case of Mr.. Hard was called at
about $50 o'clock yesterday morning, and
after a few parties over the selection of
the jury, the principal battle started on
several demuTers filed by the defense on
the form of the indictment. The jury was
sent away to a private room while the
attorneys argued in the morning, but in
fl1o fta~ all 70
turn to the courtroom where the attor-
neys again quibbled for several hours on
technicalities.
Finally Judge Fort knocked out the
second count of the indictment but held
that they could go ahead on the first
count. That decision opened the case
for the jury.
MASSEY is WITNESS
Richard w. Massey, a well known
property owner, was the first witness
placed on the stand by Solicitor Black.
Mr.. Massey testified that he had been
approached by Mr.. Hard on the matter
of securing cheaper insurance
81 told him that he was the man L was
looking for" said Mr.. Massey.
Mr.. Massey also testified that it was
his impression that Mr.. Hard would take
the matter up with some New York
brokers to see whether he could get him
home insurance at a lower rate than was
prevalent in Birmingham. He testified
that on subsequent visits from Mr.. Hard,
he was impressed with the solvent condi-
ton of the Insurance Company of the
State of Pennsylvania, and he agreed to
take policy for $4,000 on the San Jose
apartments at a rate about half that
which he would have paid to company
in the Southeastern Tariff association
Mr.. Massey further testified that he had
investigated fire insurance rates In Bir-
mingham and they were all identical and
fixed at the stamping office. He also
stated that he had agreed to pay Mr..
Hard % per cent of the money he saved
on his premium to secure the policy. He
averred that the policy was delivered to
him and that he paid Mr.. Hard his
premium.
On cross-examination by Attorney Ru-
douph, Mr.. Massey asserted that he con-
sidered that Mr.. Hard was acting as his
agent in the matter of securing this pol
icy.
SANFORD is HEARD
Frank p Sanford, deputy state in