The daily gazette., 1880-05-27
FIFTH EDITION.
THE COUNTY COURTS
THE TANTUM LIBEL SUIT FAIR
LY UNDER WAY. Z
specially reported for the GAZETTE.
NEW CASTLE, Nav 81.


Court opened at 10 o'clock, this
morning, Chief Justice Comegys and
Judge Houston on the bench.
The libel suit of VIM. T. Croasdale.
VS.. Joseph Il. Iautuni wds Immediate
ly proceeded with, and tue witnesses
were called, most of them answer
ing.
Mr.. Bird, for the plaintiff, made
the opening address 10 the jury. lie
said the case was brought by the plain
tiff, on acIount of the publication by
the defendant, of gross libel. He said
lhe plaintiff would prove that Tantum
wro the libel, and had it published
in the GAzETTE and Republican, of
Wilmington, i'll the foimcr as an ad-
verIisement, and i'll the latter in a
most conspicuous part of the paper -
He said the plea of the defense was
mot gully" and therefore they must
| prove that he did not publish it, and
cannot claim he was Justified in max
| ing the publication. But one thing
the plaintiff asked, SAID MIR. Blrd,
and that was 10 try the case according
| to the evidence AZ il came from the
wi ness box AS for damages, he would
only ask such amount as the Jury
would think they were enti led to
were they in Mr.. Croasdale's place.
George w. Vernon, proprietor of
the Republican, was first called, ana
testified that to the best of his knowl-
edge and belief the circulation of his
paper during November, 1873, was
about $500, and that it circulated in
the county and State, and Il few copies
in other States.
The libelous article III the issue of
Nov. 23, 1878, was shown to the wit
hess, and he said DR.. Tantum brought
it to the Office and asked him to pub
lish it. The article had not yet been
paid for.
Question-Who was it charged to T?
The witness looked at his Office
books, but Col. Whiteley, for the de-
fensc, said
II it is charged to DR.. Tantum, all
right, but il it is charged to anybody
else we object.
Mr.. Bird-Suppose we prove that
DR.. Tantum ordered it charged 10
somebody else.
Col. Whiteley-Then we would ad-
nit it.
Mr.. Bird Ito witness) s)-Did DR..
rantum tell you to charge 1t to any
body?
Witness-I don't know; it was un-
| derstUod-
Here the defense objected, and the
objection was sustained.
Under cross-exanina'io ion by Mr..
tlin xutfuaSS G..tA la ,.anatt,nI
special directions to put the article in
a prominent place III his paper and
that il probably found a place on the
first page i'll the usual mode of making
up tie paper.
Mr.. Birds the type the article is
printed III of the usual kind for adver
tisements.
Witness-No, it is larger.
Col. Viii eley-Is t no. the type
communications are generally set in 7
WItness-Yes. sir.
Mr.. Birds it usual to charge for
publishing communications
Witness-Only where they are in
tended ior he personal benefit of the
parties writing them.
lhe Republican was then offered IN
evidence.
Z. r. Johnson, proprietor of the GA
zETTE, sta ed that Dr.. Tantum brought
The article to the GAZET e office aud
requested it's publication. He did moi
kuo" that /, had been paid for. The
circulation of the GAZETTE then was
from 20O0 to $500, and was sent to ex-
changes III various cities and to sub
scribels III different states.
An agreement signed by Col. White
ley, ior the detense, MAS offered in ev-
idence, admitting that Mr.. Croasdale
Was leading editor, and the ablest
editor i'll Delaware.
George w. Humphries, reporter
of E0ery E0entng, was sworn, aud tes-
titled ~ hearing DIR. Tantum while
giving testimony in the case against
Bright admit that he signed the arti-
Gle and also signed the names of the
other parties to it, without their
knowledge or consent.
The plaintiff here rested.
MIR Lone said the defendant and
his counsel wished to have "a few miu-
utes consultation. with view of short
ening the trial.
they Then retired and in few min
utes came into Court and announced
that the defense closed without an,
testimony.
Mr.. Bales addressed himself to the
Court i'll relation to the opening state
ment contained in the libel, TO the
effect that the article was written sin
consequence OF persistent and repeated
a tachs OF he Every Erning upon the
Delaware Sta FIIe and Maine lnsur-
ance Company. He argued that no parl
of the libelous article could be taken
out aud considered in palliatien of the
publication. If the libel were true the
defendants had an opportunity to plead
a'd prove Justification. Any matter
In the article that ls derogatory to the
plaintiff, Or affects his character, must be
considered by the jury. Unless the de-
tense shows that the statements of the
libel are tue, and the attacks alluded
10 malicious, they ale hot to be con-
sldered, and the whole statement is to
be taken as false from beginning 10 end
The defendant fai to justly his course,
and therefore the first sentence of the
Publication is jut as much libel as
any part of 1t.
MIR. Bales then addressed the iury al
length in behalf of bis cause. He went
oVei about the same around lie uid iu
lne previous case against Bright, in re-