Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-09

these charges to legal scrutiny, what be-
comes OF them? like the miasma of our
marshes that rise up in the darkness of the
night and spread their deadly poison abroad
they full before the sunlight of fair inyesti
CATION and stink back to their native mud Com
pare the act of Mr.. Richardson with that of
this defendant; he comes before you without
fear, because he has nothing to conceal Its
n man now, and not a sneak he says / did it,
and believed it to be true he is head and
shoulders above his two companions on that
committee as an honorable man ! mean
no unkindness, to the other gentlemen
of that committee but You will
agree with what say. SITS credit was not
good !" suppose nny other COMPANY or bust
ness house had been attacked AZ this COM
pany has been, would it have survived2 This
thing was all over Wilmington il was talked
about anywhere. and all the rumors were
traced to the EVERY EVENING, and defy any
one to trace one to any other source. They
promised to show you that other papers had
made like attacks but they brought YOU only
one. And 30 it has been all along they plead
mot guilty :" we proved them guilty. and
then they plead qualification" and think
we have proved no justification.
Now, ~ to damages. 1t does not matter
whether we get cent or not. We have not
come into this court to make money but to
put an eud to slander, aud to say that when Il
man deliberately ISLANDERS his neighbor he
shall be punished for it in a just proportion
to the enormity of his offense. We are
entitled to damages whether we ever get them
or not. We are here to ask you to say that
DIR. Tantum, William Bright, and the other
gentlemen of this company are not swndlers.
and we think we have proved to you that
they are not. They have never shrunk from
public scrutiny, and they extend to you to-
day, as they have to everybody III the past.
free chance to ace for yourself that their
business Is n fair, open and honest one
though it may be weak But weakness is no
crime. | know an insurance company in Mill
Greek hundred which has not dollar of
assets except premium notes they pay their
losses as ali other honorable men do and jnrt
is this company has done. We have shown
you that this company has already paid from
Sl7.00O to $4,000 III losses, notwithstundin,
these attacks. These men are not to be
scared ont Of thor rights they went on with
their business the best they could they met
their obligations like men and their business
has increased despite this defendant. He
uvershOt his mark he did not succeed in
| getting william Bright out of church | wish
| brother CroaSdale would get III | don't
know whether he is or not, but a little religion
IN EVERY EVENING would not hurt it don't
know that it needs it but it would not hurt it,
| liut the question of damages ia tue one VT
are now to consider. We have proved dam
| ages, actual damages to the full extent of olii
claim, 52OOOO. DR.. Tantum tells You and 81
| does MIR. Bright that the actual loss TO th'
| company through these attacks il largel,
| above what we have laid. We do not care TO
| the $50, 900, but we do care for truth and We
are here in order that right aud Justice shall
| prevail
Mr.. Lore concluded and at his request Mr..
| Whitelcy, by permission of the Court sub
mitted as Il part of Mr.. Lores opening argn-
ment some points of law bearing upon the
case and cited various authorities in support
of the position assumed, which was that til,
proof i'll u plea of Justification must be a,
broad as IL the charge i'll other words thai
the very words uttered must be proved other
wise the whole plea falls. He held that it i,
not enough for the defendant to prove tina;
the company was partially or only half Il
fraud F.; the words used must be proved true
not half true, but wholly true. The pleD
must justify the same identical words and moi
substantially the charge for instance, h,
continued, it will not do to prove tn,
Dauphin county land worthless and
Chief Justice Comegys That is another
question an entirely different one The poin
that | understand you 10 make is that th,
defendant cannot rest upon proof that th
alleged libels are substantially true but tia
they must prove them wholly true but tn
question of worthless land is another matter
1t may point to fraud OF ii may not that is
question of evidence for the jury.
| Mr.. Whlteley then read vOluminously from
the authorities in support of his o mt as abov
stated and without further discussion closes
the opening argument for plaintiff.
AFTERNOON ACKNOWLEDGMENT BY uEoRal
II. BATES. ESQ.
, Court reassembled at o'clock and, afte
the transaction uf II little desultory business
| George ii. Bates, Esq, commenced his argu
ment for the defense. Mr.. Bates spoke fu
nearly three hours in II logical, dispassiouat
aud strictly argumcutative manner. He SAID
May il please Your HohOrs Genttelnpn q
he Juy: One thing which fell from the lip
: Of my learned friend, who opened this case.
| concur in. without speaking of many othe
t things upon which it is unnecessary for me t
; express an opinion aud that Is us to the i'll
= pOrtance of the case which is presented to 70
= aud the issues which You are sworn to try
But, gentlemen, this case i'll this regar
differs somewhat from many other cas.
which are brought before the Court and lur
for trial. In the large majority of cases the
concern only the parties who bring them here
: and who submit to the jury an issue which
\ framed between them IN individuals. In th
! case which you are called upon to try, | thin
/ may sav, without needlessly magmiyiug til
r luty which il imposed upon myself and IN
;, learned friends Who are associated with III
: aud against me. that this case does concer
Y far more than the Interests OF the two partit
il who are arraycd before YOU. aud bctwce
Il whom you are now to judge.
l. lhe questions involved in this ease aifet
d not only the parties who come here and Us
l. YOU for Judgment between them, but the
Affect the public in Its aggregate capacity, an
- almost every man, woman and child VIII
II compose that public No. gentlemen. | dOul
% II ii il TOO much to say that thcv concern eac
L. Que ui yuu us Il part of that public. and Their
d fore, they are iitlv hrouS Sht for trial before
II body which in theory and practice represent
Is the body of the people and tho community
Il Nhich we live.
q Now. do not intend. at anv lenth. to di
ls cIss the reason why | thus invoke You
ID earnest. your best attention to what has bee
.n aid before ynu in the way of evidence and
IL What may be laid before you in the way
81 ugumrnt but think ii yuu will be patiel
~ With me that will undertake before | &
~ through to satisfy Your minds not by al
NJ appeal upon the magnitude of the issue il
IT. Vowed but by II free discussion of the fact
" which ARE now before YOU, thut what | ha'
+. stated have justly stated, IN regard to Il
u Importance of the ease, above and beyond Ii
r. mere question of pecnnury damages bctwe,
n man and man or corporation and iudvidua
III Now. shall have to invoke your patience
id little, because ns you have seen, the cast
sc not one composed of few salient points. b.
~ the whole case is made up of II mass of ind
lt pendent facts which you must take up III
le lit together and arrive at correct co
it. illusions M they present themselves to yo
ee minds for consideration And yet while
ss | invoke your patience at the same time | "
st hngly and gladly pledge myself that | will
Id the very best that III me lies not to be tedio
e. or prOsy, or to go too much in detail. b
tn simply to lay before you, in consecutive ord
III the facts upon which We rely for II verdict
&c favor of our client.
er 1t was our misfortune in the progress
We this case. to be compelled to lay the fac
or before you not in the vice, consecutive ord
on which We desired because we had to cunsid
NJ the wishes of witnesses at n distDnce. Bu
'al propose now to lay this case before you al
lw take up each fact in its order not for the pr
'e pose of enlarging upon it or declaiming abb
ch it; but simply to lay 1t before you. ana
ee you take it and make it part of your mem
lt- composition, from which You will be able
lat consider fairly and justly this whole case.
,ly But. gentlemen, | think If | do my best
Is be brief in the discussion of each separ,
as matter referred to, and if yon will give
M that attention which know | may expect
be your hands, so that shall moi have to DIV
nd long upon any one matter to which wish
call your attention, | am sure that we sh
ed get through with reasonable quicknesS, an,
M will endeavor now to 60 directly into
n bowels of this case.
,tn You are called upon to try the questi
'ed whether the defendant, William I. Cruasda
ax. published libel or several lbels. concerni
ith an insurance company. Now, gentlemen
mn behOoves you to know, of course, what
,.y publishing libel it behooves you also
,eIn lind whether the alleged libes complained
III were published by the defendant, of and c,
ma cerning the plaintiff, with malice towards
new These al the principle facts which you m
nj tind before you eau give verdict.
1ot | submit that when you come to take