Daily Republican., 1880-11-24
BEACn, sAR AHD JUDY.
Two Libel Gases In Coart-Kenns
dy, Of Newark, Gets NO@ina'
Damages - Ono OF the Every
Eyamfng,a Salts Uader way.

Damsges Oao OF the Every
Eyeains's salts Uader Wsy.
Specially Reported for the Repubiisan.
Esw CASTLE, Nov. 23.--Gouit as0am
bled at 3 O'Clock with q fuil bench.
On the application Of J. II. HOFeck'
sr, E.q., Harry sharplcy, Esq wei
appointed commissioners to take tssti'
mony in the divorce salt OF Elizabeth
Douglass vs.. James Douglass.
Anthony Higgins, Rsq.. announced
that the osss Of Stephen 8. Southard,
assignee, vs.. George Thon aud wife,
foreclosure, had been setnci by a
judgment for the plaintiff, amounting
to "a, ,o4l.45.
The case Of Kennedy VI. Woodrow
was resumed, and Mr.. Whitelsy made
argument for the defence. He held
that no malice had been proved Ia
WoodroH's declaration that Kennedy
had taken the nancy, and argued thg'
not one time did Woodrow designate
the bill taken, whereas 1t was alleged
In the narr that 1t was 9 &5 bill. Fer
thsfmors the narr alleges that Wecd'
row charged that the plaintiff had
"stolen" once. The declarations In
the narr must be proved to the very
letter. He vsntured to assert thai
Kennedy would mot have been accused
OF taking the money, II there had been
NO ground for It.
Mr.. Booth, for the defense, In clos
ing reviewed the case and. In response
to Mr.. Whiteley's frst proposition, as
serted that 1t was net necessary for the
witAess to follow eat the allegations OF
they were laid In the dsslaratiop. /,
was shown beyond the least shadow o.
doubt that Kennedy had been accused
again and again, in fact, Of stealing
the lost bill. He made an excellent
argument.
The Chief Justice In charging the
Jury said that the use Of the words al
legsd in the declaration impute q
crime, and aotionable. The plaintiff
is deserving Of damages in eases of this
kind, where he is charged with an in
dictabls offsnss, if the slander can be
provsd. The plaintiff In this ease ID
entitled to some damages, as the charge
brought by the dsfendent Is without
any ground for 1t having been made
1t 10 for you to say how much he has
been injured. A mans character il
worth something and he should be re-
muneratsd pecuniarily TO the extent o.
the injury. You must consider that he
never brought the charge afterward
but also consider that when the charge
was made there appeared NO grounds
for 1t having been brought.
1t Is for you to consider, also, wheth-
or be had any malicious intent in
charging the plaintiff with having
taken the money. The tary returned
after short absence with verdict,
awarding the plaintiff nominal dam.
aEss--six cents.
Interest 10 the Court room preoepti-
bly, revived when the IEry in this sass
having retired, which 1t did at ABS
o'clock, tao case of The Delaware State
Fire & Marine Ins. Company vs.. VIM,
T. Croa8dals was called and counsel on
both sides announced thems elves as
ready for trial.
To try this case the following jury
WAS drawn:
Gesrgs K Mouslsy, William s. Glib.
bons, Andrew S. Eliason, William Ed
mundsop, Samuel Spsakmsn, Stephen
C. sharpley, John B Robinson, JamOl
Pryor, Bsujs amin Lee, Thomas Haw'
thorn, William Mcbride, John Pyle.
The COUNCIL in the case we're Charles
B. Lore, Esq., and William g. White
ley, Esq, tor the plaintiff, and Lsvi c.
Bird, Esq.,, and George H. Bates, Ksq .,
for ths defence.
Mr.. LCrs opened the case, stating II
as a suit for libel brought by the in'
.uranss company against Mr.. Crosdals,
and read the pleas Of the defendant
which state that lat the defendant /:
not guilty, End that he Was justified
while the 3rd and 4th counts are affirm
ativs pleas in confession and avoid
Anee.
He went on to say that they claimed
that Mr.. Croasdsle had wickedly and
nslieisusly libeled the Delaware State
Fire and Marine Insurance Company
He stated the offence as stated in the
narr. First in the Every Evening on
Oct. S, 1877 he had denounced it as
another fraud and warned "psople that
all they put into 1t would 90 into the
pockets OF a pair Of raseals who ought
to be in Jail, &C." Again May IL, 1877
ho spoke of It as q fraudulent Goa,
cam" which would be driven out Of
any State with we'll executed insurance
laws. On Dec. IL, 1878, he spoke of ii
as "wlId cat company" and quoted
insuraDce journals on "kyery Even
ing's exposure" saying that every
Rvening's exposure will be sufficient to
XIII the csnsern but We fear foolish
psopls will still be CALLED by this thing
which it.elf needs to be insured more
than the veriest tinder-box In Viii.
minetsn." In 1879 he again attacked
tAs Company and charged those who
examined it's books with "white-wash'
ing" On Dec. II, 1879, he spoke OF
the rasoslly bill Of incorporation half
through the Senate and the rascal Ny
ers lobbying for it. He also attacked
William Bright asking how long Rev.
J, Il. Caldwell would keep him in his
Church.
Mr.. Lore also read an amended de-
olsration in which declarations made
Nov. q, ,lG7S are given under the heads
of "Ths Insurance Fraud" in which
language like this was used, GLOW
leng oan such an open fraud be prao-
ticsd." "The sworn assets
are utterly false" sis there no
way of preventing our citizens from the
open depredations otthis ooncernr'lThe
narr al olcs that damages were sustain
cd In excess Of $40, 600.
II 4 L L.