The daily gazette., 1880-12-04
THE SUPERIOR COURT.
MR.. BIRD ARGUES NEARLY ALL DAY
IN THE LIBEL SUIT.
,,aoiaII,, .a,o.,o,t o. a.. =, ..

Specially reported for the GAZETTE.
New CASTLE, Dec. 8.
On the reassembling of Court, at 8
O'Clock, this afternoon, Mr.. Bird re-
sumed his argument for the defense in
the Del. s. F. g. M. Insurance Com
pany's libel suit against VIM. T. Croas-
dale. He spoke of the insecure char
acter of Mutual Insurance Companies
generally, and reviewed, from the d.
5. +. & Nj. Company's statement, the
published value of the lands on which
the Company held mortgages, as COM
pared with the actual value of the
land, sworn to by witnesses. He re-
ierred to the investigation by the Car
penter committee, and commented
upon the fact that the report was in
DIR. Tantum's handw riting. He COM
pared the examination of the Com
pany's books by Prof. Reynolds, with
that by Mr.. Muir, and held that the
latter, by reason of being an insurance
expert and an adjusier of losses, was
more competent to make the examina-
tion than Mr.. Reynolds. Mr.. Rey-
nolds, he claimed, was interested sole
ly for the company that employed
him, and was not caring whether that
company was the greatest fraud or
tho greatest virtue in the country.
Mr.. Bird also referred to the exami-
nation of the Company's affairs by
Insurance Commissioner McFee, who
cut their assets down to $3l, 900. with
liabilities amounting to $50, 900. He
said nothing had been published about
the Insurance Company, since Nh.
| McFee examined and licensed it to do
| business.
In conclusion, Mr.. Bird said he re-
pudiated any question of damages in
this case. He did not want any ''six
cents and costs" in this case, for the
costs would be equivalent to verdict
for Thousand dollars. The defen~
dant was either guilty or not guilty,
said Mr.. Bird, the matter complained
of was either true and proper for pub
lie informotlon or it was not.
IL was quarter past five O'Clock when
Mr.. Bird finished, and Mr.. Lore pre-
pared to make the closing argument
for the plaintiff.
Previous to addressing the jury, Mr..
Lore spoke to the Court in relation to
his comments, during his opening adj
dress, upon the failure of the witness,
Croasdale, to answer on being asked if
he wrote the libelous articles. These
comments had been objected to by Mr..
Bates. Mr.. Lore contended that he
had right to comment upon the re =
fusal of the witness to answer, but not
to press upon the jury the inference
that because of his refusal to answer
the witness did write the libels. Judge
Houston concurred in this view, but
the Chief Justice dissented and Judge
Wootten expressed no opinion. The
question, therefore, remained undeei-
ded.
Mr.. Lore then addressed the jury.
J He said
GENTLEMEN OF THE JURY II
shall not address you to night further
than simply to correct what l conceive
IS IA misapprehension that you have
been led into bY my learned friend,
Mr.. Bird, who in commenting before
YOU spoke of deeds. In one case of a
deed for one fourth of this Dauphir
Co. land which was made by MIR
Money for $27, 800, and of each one OF
the other undivided quarters being
conveyed for $1,000, and when l sale
to him "You mean mortgages, III
said mo, mean deeds" Now, ther'
are no such deeds in this case, there
never have been any such in the case
, and there is no evidence of any sucl
| leeds in this case, and just ask yol
, | 10 throw them out of the question: -
/ There is another point want to gel
, rid of that has been thrown into thi'
: case and has nothing to do with it,
James bradford, it is said, was oiiere
= stock after the organization OF TIL
4 company in Wilmington. shall shoN
/. YOU by MIR. Bradford own testimony
$ right out of the EUery hUening tina
Mr.. Bradford said Mr.. Bright toll
him he could get him some stock an
Mr.. Bradford said that wasiprior to til
l. organization. l only want to get ri
}, of these misstatements as we go along
u Again, tho assignment of mortgage
= and the record Of mortgages has bee
+ spoken of before you as correlatiy
u Terms; he used recording assignment
and the assignment itself as correla
tive. You and all intelligent men r.
copnize the difference. The assigl
ment is the actual transfer; the II
cording is putting upon record. an
y that desire you to keep clearly
your own mind.
= was very much amused at the leg
Is rope Jumping and gymnastics indulge
IN by my learned friend and more e
a peclally upon this point: has there pee
M ANYTHING labored in your ears and drlyt
~ with such intensity, with all the ven
mence and vim of which he is capable,
fact that this company at Delaware ci
a. was a fraud, born in sin and conceive
lg in iniquity, fraud from the time
er was organized in 1875 up to the Time
came to Wilmington in OCTOBER, ioi
40 ,hat il was reeking and rotten with &C
OF ruption from beginning to END, ana
nd The head of that corporation as preside
N. was his own friend and witness, Jam
b. Henry, who he says Is one OF u
,randest men in the State OF Delawal
oure and upright, exalted and Dopie
nd no better man In all this land than
on and vet he tells you in the same Dres
ng Lhat the institution with which lie l.
err identified his name is rotten Wof'
me less, corrupt fraud. Now, VINO is ,ial uaI
ing MIR. Henry? Who is oringing
. friend into this court and holalhg u
nm as a noble, high-toned mar Is IL
friend Mr.. Bird who attacks TINS ma
fair fame, who he says is one OF tue
est and best of the men in TINS couh
ID Links him with that rotten Ira