Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-09

IOr NY hrBumeut NOW lIOm lslS Time on,
admit that. He wrote them, for the sake of
the argument mind, do not admit that he
did, but, for the sake Of my argument let us
admit from now on that he did write them
Now they are libels. We do not undertake
to deny we have made no denial as to the
words, the words speak for themselves ''this
corporation is a fraud" "a rotten fraud, and
the Others They have been read here In your
hearing. Now then, did he write them IN
mdtceg Let us come to that. If he wrote
them-1 won't say it-he wrote them for the
sake OF argnment-did he write them in
malice /; for if he did not, no action at law
lies. The gist and essence and kernel of au
action ON the case for libel is that there must
be malice in the libel. Libel eau only be libel
by malice malice the definition of libel
contend is malice malice, malice. When You
speak of a libel You speak of malice it must
he; il is the ingredient which makes ii answer
able, and before you can convict man under
a criminal indictment for libel you must show
| malice, either expressed or implied by the
piece itself.
Now, then, is there any evidence of ex-
press malice The only evidences in this
case of malice at all are the publications. four
or five of them declared upon in the narr and
| two Others, copies of the paper, offered to
show malice. think, outside of these papers
in this case there has been no witness called
by the plaintiff to prove malice. If this man
lhu lilhilce against tilhl company anu ever tA-
| pressed It they could have shown 1t. Ii he
hadi II his heart malice against this corpora.
ton they could have brought any man here
with whom he had spoken to prove it.
| MaliceF Can't YOU prove malice in any other
way in libel than by offering the libel itself Z
| Why, slrs, 1t is against nature, It is against
| reason. 1t is against common sense that, il
this man had written all these llbels he would
not have gone into the streets and talked
about them if he had malice in his soul
| against this corporation that brought forth
| all these editorials would he not have spoken
| with somebody about it? Why sirs, it would
| have crept out at every turn of the street and
| upon every corner.
Malice malice George b. Money told you
| he left that company because he Was not sat
| lstied with its affairs. Charles Ash, Thomas
| Price, William Il. Cleaver, John I. Chairs.
! they told You that not only were they never
| asked to become incorpOrators, but that when
elected directors they resigned in thirty days,
because they believed the whole thing was a
humbug. Think of it corporation repre-
| senting S200,00D coming into the state OF
Delaware, from some place away out in Hi
| uois by an agent, going to Dover, asking the
Legislature TO do WHAT 10 incorporate
| them and, with S201,000 worth OF assets,
| never asking an incorporation whether they
should Use his name or not
That company that was not a fraud that
was not rotten: to 60 to the Legislature ui
your state and have All act of incorporation
passed aud inserted in that act the names OF
siX or seven incorporators, never. never
having opened Their months To ask then
whether they would act IN the official capacity
of iucorporators or not
Then a. soon as they organized. thcy
elected directors. Why, gentlemen, some OF
YOU know Charles Ash not better o
| spunder man IN New Castle county no maj
| kunNKz him lint EtDW4 that and intltT
ment on this case was worth something, ant
would be respected by everybody who know
HIM; and lie came upon that stand, wlihuu
interest. and il anything the interest tina
man had having been cOmplimeuted. il compli
ment it were, by being named as Incorporate
and then being asked to be and having bee
elected a director Ill this company, the ten
, iency of human nature would have been I
favor that cUrporatlunt0r thi, honor. if homo
ruu could call it, and, with that teHdenc
which would naturally have swervcd hi
Judgment he tells you without hesitation tha
he made an examination Into the affairs q
{ this company. and &C out oil it.
! | am bringing all these facts mp TO you t
a ask you where that malice was that Mr. Groa
| iale had. | am showing that here was
tate of facts caused by this corporation til;
l everybody knew, man, woman and child, an
a therefore there could be nu malice. Had
Deea talked ahuutt Take the case of II
man who had horse insured, l. moi tilt
a It,,',il'.. No ~. t,ttl -, III g.
~, a 'e hnn b M.'", S so ~, o Min ~,
= ,a,t.d III, +o i,,si,rs II, L1,s,. *, : a IN
1, tIi',i ~ ,,.ii!t a. rI,, w.,
/, hay, har H., ,ns',rn II far ~ .6n ~"
n a., 40 IL ,i.a'.d " ,,,i,n,. ~ .i;n,n vi,
!, mo Lfr." bad Laa,, hnr,,.a ~, ana Ia ,,5n.
#, nsta,,a,t, ~. t,.,,at ~ ti,,,a,. ,,t,t A.
e James H. Henry, the president Of this con
t | fell him t'Nt HuIsg tI,t HING "
i. f.n,,,iJ S,,,,,,. - :. ~ -.
. Nh "a i ~ 10y
- ~ ~ - &c ~,
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E ,ii, 9'i W tioA pau '''"V man 90
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n 80 ",',' ia ~ ""e ~ 'iti, ~"
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:! nht rulieiIallon. ,uLlu h't hlrulE eet nm
- thhe' uiu NY want " come anu w" ~"
Z thc man anu ms manner that nc "a7 It -
:" 1eIhah' man VIM I"f % yours mas pe
ataiiIiS ~ lsi7tretleG toliiFal'cS NV NV "
"a tt'Hu uitu 70 Yen H"!t' IN an auJHStci
-. 'p71Hh, ny 7al" NJ N"7 tilcIi lllc "ulual'
"' anu II ll!tie Is lHhef "heIe u man ought
io pc holcHt II - as life adlurttr. mere q
ca immense ehalltes III htlpefN nj Hll uh
- "'il VINO utt ailuSterh 81 ltic lus7eA are ~
~ Oll t'e naHl7 lltt tlleN are INQUEST men, IN
y must be, Tor the company places all the III
III th"r hhlll7. ms man comes mere Mll
~, ,m ont mallgge' with nothing against tins 60
u. lahy' ana tells you lie examined The ana
oGii OF mat company aye AT me instance OIL 90
~ hllH7l9lltf Mtitc ne spent lhrte or ioilr Ut
~ at THIS examination Now. marx y,
y hol, NOT ~ Mf. reynolds lt7tll'
81 hrte hours day he reads y