The daily gazette., 1880-12-01
Ersm Yesterdsy's Late Edt,ien.
THE SUPERIOR COURT.
ANOTHER MORNING WITH THE
LIBEL SUIT.
Specially reported Cor the Gazette.
NRw CAsTLE. Nov. 30.

trial OF the Delaware state Fire and
Marine Insurance Company VS.. VIM.
L. Croasdale was resumed.
Evans Pennington, real estate agent,
of Wilmington, was sworn and testi-
fed that on Saturday week he examin-
ed the land in Dauphin County, Pa,
on which the Insurance Company hold
mortgages for $50, He was ac-
companied by J. f. Pierce, of Will
mington, and Abram FOrtenbaugh, of
Dauphin county. From his examina-
tion witness said he would not like to
own the land and pay the taxes on
it.
On cross examination Mr.. Pennington
said he arrived AT the land between 8
and 10 o'clock In the morning, aud
left between Q and 3 o'clock in the af-
ternoon. During the afternoon it was
storming hard and there was snow on
the ground. Witness knew nothing
of the value of land in that neighbor-
hood.
J. E. Pierce, who accompanied Mr..
Pennington, said this land, compared
with land he was familiar with, was
practically worthless. Mr.. Pierce, on
| cross examination, said he had been
in the real estate business four or five
years, dealing principally in city real
estate, though he had sold four or five
farms, in Delaware and Chester coun-
ties, Pa.
Clerk of the Peace f. X. Cochran
was called to the stand to produce the
| assessment Of land in Red Lion IId.,
where mortgages are held by the Com.
pany. The plaintiff objected to testi-
mony of this character as being mad
missable, and the objection was sus-
tained, the Court declaring that the as
sessment was no evidence Of value
where value is the issue.
The reading of the deposilions from
| DuPage county, H., where certain
land is located on which the company
holds a mortgage for 5000. The first
| was from one Jonathan G. Vallette, OF
Easton, ILL.,, conveyancer and surveyor
who testified that he land in ques-
ton was worth, in his judg-
ment, about $3.50. On part OF this land,
house "a valued at $500 10 500, formerly
stood, but 1t was destroyed by Fl in 1875.
In his opinion il would not be safe TO
/ iOah AhoiN thNh ptOO Oii
| This properly was owned by James II.
Myers and wife, and was the only prop
erty they owned In DuPage Co uty.
| The next depo ition was from Jesse
c. Wheaton, Of Wheaton, DuPage
county, whose estimate of the value OF
the properly was $l25O, and that ii
would not be safe to loan mole than $500
upon II.
Ebert ii. Geary's deposition followed
his estimate of the value of tie property
was $3.50, and Of the amount safe tC
loan upon it 5000.
Recorder of Deeds Thomas Holcomt
was next sworn, and testified he had ex
amined all assignments of mortgages u
the Delaware S. +. n NJ. Co., and non,
were on record prior 10 Jan. 10th, 1880
On that day two assignments wer,
recorded, the Bright and Ferris mort
cages mentioned In yesterdays tes,i
mony.
Cross .examii alton and further lool
at the record showed that on the sam,
day assignments Of NOR cages TO the In
surance Company were also recorded a
follows: BY WIN. Bright, for $3.50 an,
$l400; by q. Z. johnson, for 5000; b,
John Wood, for $4,000.
These records were eflered in evidence
The deposition OF Jesse X. Hines
Insurance Commissioner of Maryland
was then read by Mr. Bates. lie lesti
lied that the ID. 5. f. q Co., was license,
TO do business in Maryland from Janua
ry, 1876, 10 November, 1873, but is no
now licensed, as on Nov. Is, 1878, /
cancelled its policies and withdre1 from
the State, by reason of failing To comply
with the regulations Of the Insuranc,
avs of the STATE.
The commissioner also deposed tha
he caused an examination to be mad,
by John q. Jackson, au Insurance ex
pert IN October, 1878, and by reason o
his report notified the Company eithe
TO comply with the requirements Of tn
laws Of Maryland or cancel its policie
u that State. The company took the
latter course.
Mr.. Bates offered in evidence cop,
If Every Euening, OF Feb. /, 1878, ten
dering tne Use OF the paper TO the Com
pany tor the purpose of making iss owl
defense.
The plaintiffs objected to this kind o
evidence, and the Court sustained tn
OBJECTION. Judge Houston remarke,
iurlng the discussion that ensued, tha
an editor bad no night, after h5ellIng al
individual or corporation to compel tn
,RRrieved party 10 seek vindicatiol
through the columns of his own or an,
other paper.
Mr. Bates offered In evidence the rec
ord Of previous suit brought again
Every EUening by the Insurance Com
pany, and Withdrawn. The plaintiff
4aid they had no objection, but MT Bat
discovered this evidence had no releYan
cy in this case, and withdrew the offer
The defendants case was here closed
THE PLAINTIFF's REBUTTAL.
In rebuttal the first witness called fo
the plaintiff was Uriah b. Ferree, q
Militrsourg, Danphin county. Pa, VIII
said he was familiar, thoroughly, wit
he tract Of land In Dauphin county, ui
which the Insurance Company holds
mortgage Of $50, 600. MIR. Ferree state,
that he had made n careful examination
Of the land, and estimated the value O
the timber upon IT, which, including tn
land at 5 10 per acre, aggregated S76 800
He also said there were evidences of iroi
ore on the land aDd exhibited specimen
of ore he bad found there The witnes
was closely ss.examined, but his tes
timony was not shaken.