The daily gazette., 1880-11-24
THE SUPERIOR COURT.
Blk CENTS DAMAGES IN THE
ISLANDER CASE.
THE INSURANCE. ooMpANY's LIRE,

| 'SRN~A'J 'oPOAeou ibi but ohLeLto.
NEW CASTLE, Nov. 23.-Court re-
assembled at o'clock this afternoon.
with full bench.
On the application of J. II. Hof-
fecker, Esq, Harry Sharpley, ESQ.,,
was appointed Commissioner to take
testimony in tho divorce suit of Eliza
beth Douglass Us. James Douglass.
In the case Of Stephen 8. Southland,
assignee, vs. George Thorn and wife,
foreclosure, Anthony Higgins, ESQ.,,
announced that the suit had been set
tied by judgment for the plaintiff
amount, $4,041 AS.
The Newark slander case was then
resumed, and Col. Whiteley, for the
defense, argued that there was no ma
licious intent in the alleged slander, as
the defendant had not repeated his al
legations after the night he lost his
money. He also argued that there
was no proof the plaintiff had suffered
any loss of position or employment by
reason of the defendants allegation
therefore he was not entitled to dam
agesof any kind-yindictive, compen-
satory or nominal. Col. Whiteley
spoke only about twenty minutes, as
he was feeling unwell.
James Il. Booth. Esq, closed for
the plaintiff and claimed such dam
ages as would be vindication of an
honest mans character. He spoke for
about an hour, with much effect.
Chief Justice Comegys charged the
jury. He said the words alleged in
the plaintiff declaration were such to
impute crime to the plaintiff and we're
therefore actionable, per. Sc. and the
| plaintiff was entitled to recover if the
words were proved, either definitely or
in substance. The defendant had of
fered no evidence to deny that he made
the slanderous allegation and there
fore the question was simply one of
the amount of damages, which was for
the jury to determine. The plaintiff
was at least entitled to nominal dam
ages and where the charge is proved
| TO be made under circumstances show
ing more than legal malice, the jury
may give what in their discretion they
think proper, provided the amount is
| not an unreasonable one. The charge
made by the defendant in this case ap-
pears to be groundless, and, therefore,
| the plaintiff is entitled to damages az
the Jury think man should have un-
| der the circumstances, all the bearings
Of the case being taken into considera-
ton.
At 4:35 o'clock the jury retired.
VERDICT QUICKLY REACHED.
The case of the Delaware State Fire
and Marine Insurance Comp ny Cs.
| VIM. L. Croasdale, editor of Eosrg
EoeninQ, libel suit in which the dam
] ages are laid at e20, 900. was next
started upon, but before the jury was
sworn the jury in Kennedy v,. Wood
row came down with verdict in favor
of the plaintiff for six cents and costs.
They were absent only about ten min
utes, 1t is said the foreman, Macomb
CLAYTON, favored an award Of damages
as high as $500, and another juror
considered 5000 sufficient, while the
remaining jurors thought six cents
ample compensation. The first two at
once yielded in Difference to the opin-
ions of the majority.
As soon as the jury in the slander
case retired the Insurance Company's
libel suit against Croasdale was com
menced, and tho following jury en-
panelled George X. Mousley, VIM.
!. Gibbons, Andrew $. Eliason, VIM.
Edmundson, Samuel Speakman, Ste
phen q. Sharpley, John b. Robinson,
James Pryor, Benjamin Lee, Thomas
Hawthorne, Wm. EcBride, John Pyle.
Only one man of the jury, as first
drawn, was challenged-George II.
Rue-and as the panel was then ex-
hausted Sheriff Clark WAS iequired to
draw on the audience, and he selected
his official predecessor ex-Sherfl
John Pyle. n
In opening for the plaintiffs Charles
b. Lore, Esq, announced that the de,
fendant's pleas to the allegations sci
forth ia the plaintiffs narr were as fol
lows:
lst.-Not guilty.
2d.-Justification
3d.-lhat the alleged slanderous pub
lications W, re matters OF common re
norl. and that IL was the duty Of the de
iendant to publish them for public infor
nation.
4th.-The truth of the libels, under
our Statutes.
5lh.-That the libels were true, ant
were published solely for the public in
formation and benefit, and without any
malicious intent.
To the jury Mr.. Lore said this was al
action for libel, wherein the Delaware
state Fire and Marine Insurance Com
pany was the plaintiff, and William L
Croasdale, editor of the Euery Euen'ns
and Commercial newspaper, the deieu
liant. Libel is like slander, except ina
In consists of words written or printed
instead of spoken. This suit was TO re-
cover damages for malicious and wicked
s.nders published by him against th'
Insurance Company. This Compah,
WAS chartered in 1915, and IN ls' wa'
rnorpanized and located in wilmington
From 1877 to the present time the deien.
dal,t wrote and published charges asalhs,
lbe Company, and made statements tha
were not only untrue, but malicious
wilful and very damaging ~,
Mr. Lore then read from Tue "",1 Wv
alleged liuelous statements IN relaI,9' :.
TO the Insurance Company puolishSu II
the Epery Erening from time 10 tiine'-
= summarized they were as follows
Nav 10, ls77.-The Company Is
f,auJ' and would be driven out OF an
state having good insurance laws.
October 5, 1S77.-It is rotten an
worthless fraud, and the money pu
{ into IL goes into the pockets oil par
r rascals Who ought to be Jail. cautio
6 [ -, o0ainst This 6SWluule.