Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-09
Full Text Of the Charge of the
Court.
EVERY EVENING" INDICATED
A Delaware Jury Sustains the Right
Of The Press to Expose Fra d.
The Tantum Case to go
Before the Court of
Errors and Appeals.
ADJOURNMENT SINE DIE


has been on trial before you for no long a
time, and which | am about TO deliver to you
for your decision il all action of libel brought
by the Delaware State Fire and Marine In
surance Company, corporation duly created
by law OF this state passed in that hehaf,
and William T. Croasdale, II citizen of Viii
mington, in this county the company being
the plaintiff and he the defendant For con-
yenience, | shall speak of the parties as
plaintiff and defendant, respectively.
Under the charter granted by the Legisla-
ture (Which was at the January term of 1879
the company organized itself i'll the usual
mode by the selection of officers and opening
subscription books, ut Delaware City, in this
county, soon afterwards, and continued to do
business there until on or about the first OF
January 1878, when its Office was closed at
that point and another opened i'll Wilmington,
where 1t now is held. These facts appear by
the testimony of Nlessrs. Money and Henry,
who were sometime officers residing at Della
ware City. and by William Bright, speaking
AZ to the location Of the companys office ut
Wilmington The plaintiff, 1t appears by the
charter Ill evidence had the right to transact
stock insurance business, and also a mutual
insurance business former recurring IL
capital to operate with, and the latter not
needing any as SUCH but only the obligations
Of its III, mbers, called premium notes, aud
the accrued and Invested interest upon them.
mess Of insurance under Its charter viz, on
tine 18th of May, 1871 the following language
on charge, with respect to it, appeared in the
EVERY EVENING, newspaper published daily
in the city OF Wilmington
''The company is fraud without redeem
ing feature, such AZ would be driven out OF
any State having proper and wel-enforced
insurance laws. May, 1877.
Afterwards on the 9Th of October, of the
same year, the following also appeared in the
same paper
ut is rotten and worthless frand and we
warn the people of Delaware that any money
they are foolish enough to pay, will 40 into
the pockets of pair OF rascals who ought to
bo III jail"
I'VE cannot permit it to go on swindling
people without warming, and we caution the
public that 80 far from Withdrawing our de-
nullcation of the concern as IL fraud run by
swindlers, we know by this time that it il
worse than we suspected. 9th Oct, 1917.
On the 18th day of December, 1873 there
appeared III the same paper the following
''THE WILD CAT COMPANY"
The insurance journals on EVERY EVEN
ING 8 exposure of the Delaware State Fire
aud Marine"
THE insurance journals which make the
study of the character aud condition of COM
patles their specially, did not need to be in
FORMED OF the rottenness of the Delaware
State Fire and Marine Insurance Company by
daily paper. They know n wild cat company
when they see it, and denounced this affair Of
Myers without waiting for special investga-
tion They are thoroughly delighted of
course with EVERY EVENINGS expos
nre of the rascally affair." however
aud appear to think that it will be
sufficient to Immediately kill the concern
and prevent any more deluded people from
dong business with it. We suppose this isin
large degree, true ; but we fear that some
foolish people will still be guided into wasting
Their money by insuring i'll concern which
Itself needs insurlng worse than the most
Undertook building III the whole city
The following comments by prominent in
surance journals will be found interesting. -
llth Dec. 1873.
In less than month afterwards viz. on the
30 OF january, 1879 this language was used
III the same paper;
"a VERY THIN COAT OF wHIrEwAsu."
They (meaning certain Thomas Darling
Ton, Joseph L.. Carpenter, Jr, Gregg Chand
Ter and Samuel Murphy have allowed them
selves to be made mere whitewashers who
Fnread the coat of their own erednlity over
en- fraud. They will in the eyes OF
'ughtful people. he morally responsible for
any loss into which the respect for their
names may lead any ignorant and inexper
ehced person, who does not hee through the
report they have made. I'D JAN, 1879.
And finally, on the 25th of the following
month, July 1879, these words were published
In said paper:
we do not know that it is worth while to
take any trouble for the benefit of honest
people so utterly foolish III to have any thing
10 10 with such a concern as the Delaware
state Fire and Marine, but If any such people
nave any friends, we advise them to
,, o0h INTO the provisions of the rascully
Sll' which has now stuck i'll the
senate for a time and which Bright, after
settlhg Myers to coach Lin, Is now lobbying
Tor; How much longer is IT going to take to
make the people Of this state Comprehend
Just what sort OF a man this Bright is? How
aluch longer does Rev. Or. Caldwell propose
W stand up before this community us n
preacher of righteousness with such mar u
n a!th9e IN good standing i'll his church -
18th Feb, 1879.
ihese different expressions, as they have
peel quoted to You from the plaIntitf5 declar-
atioti' are standing by Themselves without
punt, on application, but by means Of what
~ technical phrase is called an innttndd. each
" lheh Is alleged to refer 10 the plaintiff and
II 1t ~ not denied that they do refer to it, and
were meant to charge 1t with being Il concern
conducting its business on fraudulent princi-
pies, or with fraudulent purpose The action
~ Drought to recover damages for this alleged
mEehS. The defendant has pleaded to the
.harBes against him in the plaintiffs decara-
uoi' hve several pleas, the first of which Is
a 'liat ne Is not guilty of the publication the
Others are what are called pleas of iustitica-
Il uoii' that Is he admits that he published the
articles, but justiies his conduct in so doing
Ii upon Tour grounds /. That the words were
SUBSTANTIALLY true, and that the same were
published probably for public information,
4hu with no malicious or mischevuus
4 motives" g. That ''they were matters of
and hot l,a No. 4 IL,
ualt, was engaged in printing and publishing
.lle newspaper i'll said declaration mentioned,
aud was under an obligation to the public to
4 print and publish such commonreport for the
Information and protection OF persons
Interested in obtaining Insurance." 3. That
sne statements made in the SAID supposed
n toei at and before the printing and publish
n h8 thereof were true !" and 4, 'rhat the
Il statements made in the said supposed libel at
n aud before the printing and publishing
81 ,her' were true, and the same were pub
III lthea properly for public information, and
III Win no malicious or mischievoli5 motives
b 10 each OF these pleas the plaintiff has made
answer, by joining issue with him upon the
plea of mot guilty." and by traversing or
9ehying the allegations of the rest, and ten
ieflhg upon such denial, which issue, having
peeh accepted by the defendant, the case is
brought down to a few questions, which are
loW TO be determined by your verdict under
Al
& Tue law governing the case.
HI A. ~ nlthough the defendant has by the four
uiatereht pleas of Justification admitted that
M .ue alleged libels were published by him. vet
ms ms nrst plea, of not guilty, denies that they
Nh nere aud 1t Id the rule that where there is
n pea traversing the declaration, that is
uenying all material facts necessary to be
| baoy Veg by the plaintiff every such fact must
E& 70 anhrmatively proved by HIM, and he cannot
Hi nig upon the defendant admission Ill his
piioas IN bar, or justitcation-as the other
tfheas III THIS case are intended to be. 1t
HI nereiore devolved on the plaintiff i'll this
s ase 10 show that the expressions or language
as i IN his declaration are what is known
M tb hoeious; that the defendant published
u neui, that is circulated them, or wrote them
wa su view to publication. and that they
8t;T published that they relate to the plain
MI ana the damage accustomed by them. In
,is'i mat You may be satisfied whether the
staihtin has done this or not it is necessary
i,halI you should be instructed what a
ne. s, and what is hbeluus matter.
anJ Is a question of law simply,
n', inuehce OF what law is. With respect to tue
H. uoiieation, Or writing for publication, and
mr. appiicatlon of the language to the plain
Il s anu also the damage sustained by it from
t ,ou rely upon the proof before you OF
nesses except where Qf certain state OF
OF a eSlstl there is no need of actual proof
Vi any damage.
bo Various definitions of libel are given in the
a. vi reports of trials, as well in this Stale
10 elsewhere, aud are to be found also IN ele-
smnry reatlSes They vary slightly in
ansuaaee but they mean the same thing-that
'Nning written, or printed, or expressed by