Wilmington journal., 1874-07-10
THE sLAnDER SUIT.
Canaday versus Heaton4Thc Far.
ties before Judge RusseII-Hea-
ton Poor but Defiant. fsE -

The molly crowd that assembled
| around the door, and in the hall OF
| the Courthouse at four 4 O'Clock on
| yesterday evening. indicated that the
| scandal which these parties had
brought out against each other was
still relislled to 81 g extent that not one
| morsel should be lost.
Upon enquiry, we found that
these scandal mnngers ha! assembled
to hear discussed before His Honor.
-'ndge Russell, n motion to DISCHARGE
Heaton from arrest, or reduce the
amount Of his bail
Upon further enquiry we found that
no such discussion would take place,
b'lt that as soon as His Honor should
retnrn from his plantation, he was ex-
pected to deliver written decision
npon certain papers i'll the case of
Eun0d0y as. Hraton, which had
been lald before him by the counsel
for the respective parties.
The readers of the Journal are ia
miliar with the charges which Mr..
Heaton, in public speeches, at differ
ent points, has preferred against Mr..
Canaday, On which an action OF slander
has been based, Mr.. Canaday laying
his damages at $4,000. Before an ar
rest, however, could be made of thc
person of Heaton, it became necessary
to make an affidavit of the slanderous
words spoken. This was done by Can
aday, and thereupon an order was is
sued from the Office of the Clerk of the
Superior Court. to arrest Heaton and
hold him to bail. On yesterday Heaton
surrendered himself to the sheriff, and
since that time has been in charge of
an officer and in order to obtain his
release, has, through his counsel.
Messrs. ID. J. Devane and e. Cantwell
petitioned His Honor to vacate the
order Of arrest, or, if he will not do
that, then to reduce the amount of his
bail-bond. In his petition Mr.. Hea-
ton retracts nothing from his public
charges against Mayor Canaday, but
asserts that they are susceptible of
proof, that they will be proven, and
that they are true.
He states, in substance, that this
suit was not intended to be prosecuted
to Il Judgment, but was intended mere
ly for political purposes, ana would be
abandoned us soon as the election was
over; that he proclaimed these charges
against Canaday, in justification of
himself, who was candidate for Clerk
of the Superior Court, in answer to
the cLeuyc Of bribery and corruption,
which Canaday had previously prefer
rcd against him.
He states that he is poor man, his
friends poor, mainly of the working
class, and prays that under these cir
cHmstaaces the excessive and veXatious
demand of bail, $4,000, should be re-
durrd that he was informed if this
suit should not bring about the desired
end, imprisonment of himself, that
there were other parties under the
control and IN the employment of Can
aday in his official capacity, ready to
bring other suits and prosecutions
against him, for the same desired pur
pose Of putting him in jail, and depriv-
ing him of his right and privilege to
for his election.
This paper, together with replica
ton thereto, by the plaintiffs counsel,
Col. Robert Strange and Messrs. A.
Empie and - London had been,
we learn, laid before his Honor, aud
he was expected to give his decision
last evening. Upon this decision will
hang the question of Mr.. HeatOn .
liberty or imprisonment.