The daily gazette., 1880-11-27
From Yesterday. late Ea,.ion.
THE SUPERIOR COURT.
CONTINUATION OF THE INSURANCE
CoMPANY's LIBEL SUIT AGAINST
CROAanAIE


CRoAspALE.
Specially reported for the Gazette.
NEW CASTLE, Nov. 2o.-Court reas-
sembled at 10 o'clock, this morning,
Chief Justice Comegys and Judges
Wootten and Houston on the bench.
The Ioil OF the second panel of the
petit jury was called, ant The libel suit
of the Delaware S r Il NJ Insurance
Company vs. VIM T Croasdale was Ie-
sumed. Col. Whiteley, associate coun-
sci, with Mr.. Lore for the plaintiff was
still absent, on account of sickness.
The Chief Justice said to counsel on
both sides that on Wednesday, Mr.. Lore
attempted TO prove by the agents Of the
Insurance Company, that parties who
withdrew their insurance assigned the
newspaper attacks as u reason. The
defense objected to this as hearsay testl-
mony, but there was no decision at the
time. Mr.. Lore contenting himself with
| asking If the falling OIL did not occur af-
| ter these attacks commenced. He said
the Court had looked into this question,
and were satisfied the plaintiff could
prove what declarations were made by
the parties who withdrew from the In
surance Company at the time of their
withdrawal.
Mr.. Bates inquired If the defense
| would lie permitted, at the proper time,
to note exceptions to the admission OF
such testimony. The Chief Justice re-
piled In the affirmative.
| Vim. ID. Mullen, Jr., was recalled by
Mr.. Lore aud examined IN relation TO
his business engagements for the past
70 Epe do hxf
Birds cross e Examination on Wednesday
afternoon. He said during 1876 il was
very hard to obtain positions, which was
the reason for the variety of his occupa-
ton.
u. T. Hawkins, Secretary Of the
Company, was recalled and produced
two Of the Company's books-the agents,
ledger, showing the mutual business Of
the company, and the stock ledger.
the stock business, from January /, 1878.
On cross examination Mr.. Hawkins,
said so far as he knew the stock ledger
contained all the stock policies issued
since 1878. He was not familiar with
the books during 1878; James II. Myers
was then Secretary and Eli Hollister
book-keeper. Witness had access TO the
books whenever he desired to examine
them. The agents ledger represented d
all the mutual business OF the Company
from Jan. 1878, to Nov. l, 1880.
Mr.. Lore desired TO offer the books In
evidence, but MIR. Bird objected TO the
plaintiffs offering their own bcoks, In
support of their own case. lie said II
tue plaintiff would bring all the books
of the Company, from the time Of the
first count iu their narr (early lS77) the
defense would not object to their ad
mission.
Mr.. Lore argued In favor of the ad-
mission Of the books, but tue Court held
they were lot the regular books Of the
Company, and ruled them out.
George X. Roberts, OF Wilmington,
testified tha be promised James IL.
Myers To insure his property in the
Delaware State Fire and Marine Insur-
ance Company, as soon as his existing
polces lapsed, but on account of the
tacks made by Every Evening he
came TO the conclusion that il was better
10 go into a Cumpany, there was no dis
pute about. His policies amounted to
$500, aud the premiums he pays 10 the
Company he is now insured with
amount to $2.70 per year.
On cross examination Mr.. Roberts
said he had no lack of confidence in Mr..
Myers, then Secretary of the Company
aud had 1t not been for the attacks by
tie newspaper he would have kept hi.
promise. Being asked if he had read
heard Of "a report in relation TO thi:
Company's condition, witness said ht
remembered hearing of Two reports, ont
signed by a committee of citizens IL
favor Of the Company, and another
signed by representatives. of all the othel
Wilmington Insurance Companies
against 1t.
He remembered reading the favorabl,
report, but atterw ards read an article il
/ | Every Evening condemning those wh'
prepared 1t.
Levi Garrett testified he had agreed
with Myers and Bright To insure pro
perty To the amount OF between 50 3,00t
and $4,000 in the ID. 5. +. Il nj. In
surance Company, but was deferred By
reason Of an article In Every Evenin,
attacking the standing of the Company
He insured the property in anothe
Company, and the premiums amounted
10 between eight aud niue dollars pc
year.
On cross. examination Mr.. Garrett sal,
this article in Every Evening was th,
only consideration that Influenced him.
Paris L. Carlisle, agent at Frederica
was recalled, and after some contention
between counsel as TO the form of tn,
question was asked if parties refusing ;,
renew their insurance gave any reason
at the time for their refusal. lie sal,
they did-the attack made by the paper
on the Company, and a. that time II,
other paper than the Every Evening wa
attacking the Company.
Mr.. Bird objected to this testimony bu
being assured by by the Court that b,
could offer evidence TO show that othe
papers did attack the Company, he ex
pressed himself as satisfied.
Mr.. Carlisle, on crosss-examinatior
said Messrs. Burton and Alex. b. Green
of Magnolia and SIX or seven from Eel
ton stopped their insurance. lie ofiere,
10 give their names Fl ON the Company.
books, but Mr.. Bird said he did moi
want the books. Mr.. Carlisle said he had
no difficulty in saving his pollcy-holders
at Frederica where he could exert hi,
personal influence.
jerome B. Bell, Of Every Eueninq, wa.
recalled and shown editorial articles IL
copies of the paper OF Nov. 18th and 27tt
1878. He said he did lot know who was
author OF them. Mr.. Croasdale was theu
lEa Aa -