The daily gazette., 1880-05-20
FIRST EDITION.
Our County Courts.
CONTINUATION OF YESTER-
DAYS SESSION.

THE NEWARK sLANDER CASE OCCUPIES
AN ENTIRE DAY, AND STILL AWAITS
THE CLOSING ARGUMENT, THE
CHARGE OF THE COURT, AND THE
DECISION OF THE JURY.
Special dispatch to the Gazette.
New CASTLE, Nay 10.
In the SANDER case of Warren P.
Kennedy VS.. VIM. A. Woodrow, to-
day, Mr.. Vallandigham, for tue plain
tig, argued against the non-suit mov-
ed for MIR. Spruance, on behalf of the
defendant, after which Court took
recess until 3 o'clock, p. m.
On the reassembling of Court, Mr..
Spruance opened the case for the de-
fense. He detailed the actions of Mr..
Woodrow on the night in question,
told how he got the $40 note changed
INTO two fives at McPike's store, and
said he then went in Murray's store,
to get one of the five dollar notes
changed. In this lie failed. Mr.. Geo.
Murray not having the change, and
then he went out Of the stole, passing
Kennedy at the door, whom he saw at
tae time stoop as If to pick up some
thing. Before he had passed more
than few steps he missed one of the
notes, when he turned around and
taxed Kennedy with having taken it.
The latter denied, and then followed
the Intellectual search for the missing
note,
Edward McPike, who keeps bar
Der shop in Newark, testified to chang
ing the $40 bill into two fives for Mr..
Woodrow, on the evening of June 8,
1877, but he did not see him again
that night.
Newton Brison gave verison of the
last note affair, to the effect that
Woodrow came into Murray's store to
get five dollar bill changed, but could
not get it done. Witness saw the note
and noticed that Woodrow had anoth-
er bill in his hand at the time; he went
out of the store Immediately after
Woodrow left,
Thomas Kealey testified to hearing
Woodrow accuse Kennedy of taking
the money, before the search for the
lost note was instituted; Kennedy de-
MED the charge and said, you would
not have charged me with this if you
had not heard me accused before. p
Woodrow replied, mo, | never heard
you accused before"
The witness was cross. examined at
length, but no important facts bearing
upon the case were elected. The de-
fense here closed.
The plaintiffs in rebHttal, recalled Mr..
Joseph Murray, who was asked If it was
before or after the search for the lost
note that Woodrow accused Kennedy of
taking ii. Defense objected on the
ground that the witnesses had already
testified in regard TO this matter, and
the question was not pressed.
Mr.. Vallandigham, for the plaiUtiH,
then addressed the jury in an able argu-
lnent, claiming that the charge of Sian
er had been fully sustained by the
evidence, and on these grounds asking
for verdict. In regard TO the question
of damages, Mr. Vallandigham said hi
client was entitled to at least coInpensa-
tory damages, which, according TO law
include wounded feelings, and time and
money expanded in the case. But he
strongly asked for what are known in
law as "exemplary damages" which are
intended as a vlndication of character
and general warning that slandsr can
not be committed with impunity.
Exemplary damages generally include
tn. full amount claimed in the suit,
which, III this case, is $1,000.
Mr.. Spruance, in his argument, allud-
ed TO the stat ment of the plai lifts, in
heir opening OF the case, hat Kennedy
vas gOaded INTO making his suit against
Woodrow, by The fact that The latter
reiterated his charges OF theft six mouths
afer the circumstances narrated by the
evidence, but failed to prove that he
| opened his mouth about the occurrence
| after the night the note W 8 lost. This,
| he argued, showed an entue absence OF
malice on the part of Woodrow. Con-
| lInuing, Mr.. Spruance entered into a
Keen, logical and able argument to show
that the plain'iF was not entitled to
nominal damages, much less damages of
compensatory" or an exemplary"
| character.
Mr.. Spruance continued his jury argu-
ment for about an hour, and then cite /
TO the Court a number of legal author-
Ties 10 show that there are no grounds
|
like the one under consideration.
At the conclusion of Mr.. Spruancos
argument. few minutes past six o'clock,
Court adjourned until 10 o'clock to NOR
row morning.
| COURT NOTES.
Governor Hall and ex-Gov Cochran
were in Court to-day.
The argument in relation to the trans
fer of the case OF VIM. Neal, COL, charg-
ed with outraglng Mrs. Margaret Gosser
10 the United States Circuit Court, will
take place to morrow, Thursday, prob
ably during the morning session. II
: will be conducted by Attorney General
Gray, Tor the State, and Anthony Hig
gins, Esq, for the accused. 1t is expect
ed that the argument will be brilliant
effort, as both sides will put forth lheil
best and strongest efforts on this occa
sion.