Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-02

1875 and 1877 the company Is not at present
licensed to do bus ness IN Mar land their author
lty to do business In Maryland ceased November
10th, 1878 at that time the company Cancelled its
pOlici and withdrew from the State ut the request
of the commissioner for the reason that 1t was
not able to comply win the laws oil Maryland In
ref renee 10 insurance companies as all companies
outside the State are required to do ; after an
examination II was ascertAincd that the condition
Of the company did not meet the r. quirenents of |
the laws of hi Stare whereupon they We're noti- |
tied 10 meet such requirements or Can"el their |
pollces they Cancelled their policies al d ceased 10
10 business in the Suite on November 10Th, 1873 ; /
used the affairs OF thS company to be exam !
ned ny Mr. john b. Johnson, un insurance |
expert, In October 1878
ATENDER MATTER.
Mr.. Bates then offered in evidence n copy
of EVERY EVENING of February lst, 1878, in
which a tender of its columns was made to
The officers of the Delaware State Fire and
Marine Insurance Company to state anything
they had TO say in vindication of the com
pany.
MIR. Lore objected to the application and
also to any comment upon the same, before
the jury.
Chief Justice Comogys asked Mr. Bates to
quote any authorities he might have for
making this offer.
MIR. Bates said the plaintiff i case stands,
not upon single alleged liDelous article but
upon Il series OF articles If the plaintiff had
come here with a book and culled out certain
passages the Court would have allowed the
whole of that book to go III evidence. He
submitted that the articles complained OF are
part of continuous whole and the same
reason which would have induced the Court
to admit the whole of book ought to applyto
all that has been stated i'll the columns of
EVERY EVENING within the period embraced
in the narr. But he only offered single
publication made between the date of the
first proved alleged libelous article and the
subsequent one
| Chief Justice Comegys SAID that each issue
| of newspaper is regarded as IL separate pub
| LEGATION, and that anything could be used that
| appeared IN the same copies OF the paper that
contained the alleged libels, but not i'll copies
| issued on another day
Mr.. Bates urged that the allegations in the
| narr set forth continuous series of state
| ments Of which no part IL complete with
| out the whole Witnesses have testified i'll
| this case that such and such losses were
caused by articles i'll EVERY EVENING. Is it
| not competent for the defense to SHOW from
the paper itself, that the plaintiffs contributed
| to these damages by not taking advantage OF
IL tender of the use of the columns of the
| paper to vindicate themselves?
Judge Houston-lf an editor publishes n
| libulous article with regard to an individual,
| firm or corporation, he has no right to justify
that publication by calling upon that party to
| defend itself in his columns
| MIR. Bates stated another reason for Offering
| this article IN evidence the plaintiff counsel
had stated that they had only picked ont some
articles here and there, and that there were
numberess other libclous articles that they
might have cited, enough to have made u
| narr which would reach from here to Colo
RADIO He wishedto show that between Oc.o'
Der 9th, 1877, and December nth, 1873, this
was the only article that had appeared about
tho company, and would like to have the
whole files of EVERY EVENING go i'll evidence
for that purpose He had never been able to
lind but two such articles i'll addition to those
recited i'll the narr, and he objected to MIR.
ore's statement that there were nunberless
articles of the sort going before the jury.
The Court said 1t would instruct the jury
to take no notice of such statements, and
ruled the paper lnadmlsslblc
THE DEFENSE RESTS.
The defense then offered i'll evidence tho
record of II suit pending brought by Tins III
surance company against the Every Evening
Publishing Company and which VIA event
nally discontinued, but, on objection beng
made, withdrew the offer
At LBS, the defense rested.
nEBurrING EVIDENCE.
The prosecution proceeded at once to call
witnesses i'll rebuttal.
Uriah H. Ferrec. sworn-lte1de In Aiilers
burg Duuphln county Pa. have reridet
there for II years (; am living now wlthlt
about 10 miles of the Broad Mountain tract
ilrlor 10 moving 70 hllerTpurE l iNcg WIN.
Two miles OF IL nave kiioMIl tnu l"iiu ~ io''s
Years am very in'ili"l Mi.n ~ nv Duo'
over IL ire,lueltiy anu III every uiiuVt.oii ~
a fire and Ile insurance agent, Justice of TIT
| peace, conycyuucer and civil engineer havi
/ estimated the value OF tlihpeteu ANUS NJ th
request Oh lartltsM VINO WISH '" IuIchaHu"i SUI
I Am iamlliar WIN tne value ol utnueIeu Nh'
mountain lallu7 III i1huphlii county tneiv =
something over l,@uu acres IN IlilH lil'ct Wv
growth In chestnut tl'hnor iSuiH' tiieao -
arSe grown VI plne pretty ii I5 $50 $500,
rock OAK, cileslliit uah hou,c e"ii ~ ,i'HGr!
T. maple Wul'e oah anu pi"'N yam Va. i'.'i ~
o OAK ana chestnut are Na''itolu ~" l,"PittiS H.
inc coai mines tlcfu II inU il,.''. az "
l. iyktllS Nhiley on Mliics ~ P,opn t"on
: are three grades OF props NO i props ar
u worth slUo per Thousand rect 5ihsil'i
q measure no. SOU pr tho'IS"' ~ ieo'
" ana NJ D. GOV per t'i",'e ',nn n,n H., ~
estimate is that there are ,2oo'olo ieet .
X prOpplhB timber on tue Whole lalu' worm 80
d per Thousand on an average, ifoul 'ic luatoF
~ point to the rallroad al oahua'e S."tioil ~
l. an ar line, within pii1' ny wagon r9 ii,
u may be one anu one elShth hliics; oahuai
station II on the summit Dralch ol Tue Norli
: trn Central railroads tne laItucst pulhu
Il this land Is three ahd-a-llali ililleS iioih W
.. Sta'lohi there IL quite uelllhu ipl 'il' l'io
A timber ut that station; l maze an c'tl'il''
= Tor rails, 25,OOO chestnut rallS, worm Gnu pc
rs Thousand on lhe erohlu; pcHiuos .,iiH w" '
,u are 400 cords oil rock OAK DARK WottE % p'
cord for tanning purposes: 2,oOo rallroan SUI
lie worth $500 per thousand iuJo corua
III wood OF all Kinds, OAK, CHESTNUT pm
81 hickory and maple. worth on the ground
cents cord. standing; there Is othef t'lhu'
81 49, - ~, a.,;n,n,n, ANN, IL =, m
Va large saving timber. .,
he After the timber was cut oil. what Won
~ the land be fairly worth IN the market n
nu "AbOut 30 per acre There are Indication
Ky Ky of iron ore OIL the southeastern portion OF u
nll tr tct | brought some OF the ore to DelaWa
and and gave ii to MIR. Bright
Mr. Bright here produced vallse coltal
ing several samples of the ore, amid son
.,, merrment, and such comments as "iieft
nd some of the Broad mountain ut last. ~
me-, This looks like bringing the tract III
ton lourt.'
n" Witness idehtllied ono oil me samples Pl
'"i icularv and the rest generally. 1t was exc
rop- ated md Wing on TOP of the ground 80 til
IA could be readily seen; the indications
,,r. ON ore are very good IN that tract am
Inv. lslirance agent have been IN the business
,y". TO-! To- MI cl,,,ss in the ID = II. and
aud tlicy) have seen like conditions IN the pn
,,,so es Of the Mechanics and Nlillersburg Coz
; IN guy and the LycominS Valley company
nave There is demand for props Dark u
D III IllrUad sills and not so much for cordwoQ
,L' 10 | ,sId ,al'. a valne If S75 UUD ont of il
seing the timber leave or ''stumping 1t IL
,Md make -5O uOO would consider IL mo
ar nj gae ON that land of SiO.OOO to FlJ,OOO sal
~ | 1t ould take three or four days Tor pers
10 uIruuainted with that land to go oven