Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-02

with MIR. Nauhnldker; WeDu hShui W i'nlla-
delphia on this business and, to put in the
time, engaged in soliciting for this man on
Fourth street, whose name L have forgotten 4,
I was with him for three or four weeks | was
not much in contact with him my work with
Cleaver, at Delaware City, was that of Il
capper and Gamer, branch of skilled labor /;
from the reorganization of the company
until August, 1878, was special agent for 1t !;
from August, 1873, until about January, 1879,
/ was assistant secretary.
MIR. HAWKINS RECALLED.
Daniel L. Hawkins, recalled-( Books of the
insurance company called for and PRODUCED }
This book IL the agents ledger, showing what
policies were in force and what had fallen of
during 1873 the other is the stock business
Cross-examined- book Is the stock
business of every individual insured on the
stock plau. commencing January LIST, 1878 it
contains all the policies Issued by the COM
pany up to the present time, so far Ms | know;
l was not familiar with the books during 1878;
/ do not absolutely know that it contains all
the policies issued; James H. Myers was
secretary during 1873 and Mr.. Hollister was
bookkeeper. | was made secretary January
18th, 1880 never waa treasurer since have
been secretary of the company | have had
access to this book | cannot say how often
| have examined 1t / can't say | have ever
examined it thoroughly cannot swear that
every stock policy is set down in that book
the other book contains all the policies issued
on the mutual plan since 1878 to November
LIST, 1880.
Mr.. lore having offered these books in
evidence, Mr.. Bird now objected. saying that
the plaintiff could not produce its own books
to make up its books, and obicctng to the
production of part of the books of the com
pany commencing at certain period later
than period upon which count is laid in the
moi pffarinU IN waivn fbn nIiaptinT If
the plaintiff would produce all the books of
the company.
The Court ruled that the books were not
evidence in the case.
MIR. ROBERTS TESTIMONY.
George r. Roberts, sworn.-I promised Mr..
Myers to take out policy of insurance in
this company did not take it out because
of the influence these articles in the EVERY
EVENING had upon me; | read the articles in
EVERY EVENING and came to the conclusion
to give my insurance TO a company about
which there was no dispute | proposed to
take out policy for 1900; / took out a
policy in another company and prid S2.70 per
| year for it.
Cross-examined.- property is located al
| 700 Adams street and S03 West Second
street; | have been connected, as collector,
with the Republican for the last II years
"Do you know that there is IL suit pending
| for this very matter against the Repujlicdny
| Objected to and objection sustained.
Discrimination resumed.-It was oil
account of these pieces | read in the EvERl
| EVENING that | changed my mind about i'll
suring in that company | had perfect conf
| dence in MIR. Myers; | was afraid there NIGH
| be some truth in those articles published il
EVERY EVENING had heard, al far as cal
recollect correctly, of reports made by tw,
| committees one in favor of this company, ant
| thn ntbar bv oil fbp mo M
the city combined, together was opposed Il
| it my recollection now is that | remembe
reading one of these reports signed by,
think, Professor Reynolds and MIR. Darling
ton, endorsing the company was influence,
over that report by the articles i'll the EVER
| EVENING.
LEVI GARRETT.
Levi Garrett, affirmed Live at Pcnnsyl
vanla avenue and DUPONT street, Wilmington
| had policy, iu a foreign company, that wa
about to expire, | cannot tell the name of th
company, and went to see MIR. Myers am
| asked him some questions abOnt this CON
pany afterwards | met Mr.. Bright and Ii
explained the whole workings of the con
pany my policy did not expire for abou
three or four weeks, think the next wee
there WAS II piece came out i'll the EVER
EVENING, one of the pieces You have here
this court | then began to think maybe | ha
better not do it, and III talking one day with
friend of mine interrupted by COUNSEL;
did not take out II policy on account of thi
piece in the EVERY EVENING my policy
between $4,000 and $4,000 | pay premium
Of between SS and 80,
Cross-sxamined l do not know what con
pany am in now il is foreign COMPANY
| insured with Mr.. Van Trump; the piece
the EVERY EVENING was the only thing tn;
influenced me against insuriug in this con
| mn i.t Hl= hNf a 1 hg
heard nothing against it until l read tn
piece
MR. CARLISLE RECALLED.
Paris L. Carlisle, recalled Questioned
to the reasons given by parties for withdra,
ing their policies objected 10 by Mr. Bate
on the ground that il would be hcar-ay test
mony not within any known exception to Il
rule)
The Court decided that if persons wit
drawing policies gave reasons at the time f'
so doing it would be admissible to show VIII
those reasons were.
Witness testified that persons withdrew po
cies because of the attacks made on the i
surance company by the newspapers.
This answer was objected to by defendant
counsel. but the Court ruled that it W
admissible and that it devolved upon Il
defense to show if such attacks had BET
made by any other paper than the EyEi
! EVENING.
Cross-examined Mr. Burton of Magnoli
. Alexander Green of Magnola.and six or sew,
! from FELTON, whose names ! do not knC
withdrew their policies | did not lose al
! policies i'll Frederick; | had no trouble WI
!. those that Il knew around Frelerica, but Il
. farmers around Magnolia and FELTON, Z
frightened | think all the Folton parti
/, except one lived in the country | don't thii
| knew but one party there personally. NJ
| there only tbpra mid after III
, attacks were made, and he failed to do 80 Il
' second year.
AN EXCEPTION NOTED.
Mr.. Bates asked the court to note an exec
ton to the testimony regarding what "
said by third parties as to their reasons +
T., withdrawing policies.
ADDITIONAL ARTICLES.
jerome b. Bell, recalled to identify fo
more editorial articles i'll EVERY EvENt'
s which We're then placed in evidence DO II
know who was the author of these editorial
| was not, to my own knowledge the autho
| do not know who WAS the author of thel
s Mr.. Bird said that the defense admit
that MIR. .Croasdale is edItor-in-ehcf of Eve
| EVENING, but plead ''not guilty as to havil
t written the articles in evidence,
NOTHING To DO WITH II.
Albert l.. Richardson, sworn am a
n have been business manager of EVERY Eve
q ING since April LIST, 1880 MIR. Croasdalc
A editorin-chief of that paper; do not knt
y how long he has been editor in-chlct; (paI
"a shown) never had any conversation with
- Croasdale in reference to that article.
What is the present circulation of t
., EVERY EvENGSGY'
~ n The Court-'rhat has nothing to do wi
4 this case"
d Proving THE CIRCULATION.
Al. Schruck, swurn-My duties are c
Il lector for EVERY EVENING and have char
Z. of the distributing of the mails of the pap
1t ''Do you know what the circulation was
+. 1877, 1878 and 1879, about2'
% 'rhat is rather hard to answer, for
A. circulation varied very much"
II About what was it in 1871 =
!. 81 suppose the average would be duri
1877, 1878 and 1879 about loo ii might +
IT little more, it might run LOO; about OIL
If half, maybe not quite one-half of that cir,
Il lation, was III the city of Wilmington
10 other 1000 copies went to II great ma
in places.
re Mr. Bird-We are willing to admit that I
r. EVERY EVENING circulateS through the st
r. of Delaware and We have been willing
admit that and to admit what its circlllat
:; was if the counsel for the other side had asl
" us to do Sc.
rs Examination resumed The EVERY EVEN
, is sent to nearly all the cities, towns aud
at lagos of the Peninsula more copies | 81
pore go to New Castle than to any ot
f. plact outside of Wilmington; Middletown
g. think, comes next, Dover, | think, ne
:" outside OF Delaware and the Eastern shore
I'd Maryland it does not circulate much / Ia
charge of the sending out of the exchang
H. we receive other papers i'll exchange as fal
IN | know the names are sent to me i'll
m cellar to put on the list don't kl
m whether they get the money for them or |
On George ". Humphry, recalled-I do
-, | l,nnw yybn Hyos tho ai1thOr of tha articles