Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-02
Delaware Fire and Marine vs..
William T. Croasdale.
BADLY BROKEN UP
Some Interesting Facts Concerning
the Value of the Assets of
the Delaware State Fire
and Marine Insurance
Company.
AN AGENT FULL OF FAITH


trial of the libel suit against William 4.
Croasdale was called up
Charles b. Lore, ESD, of the counsel for
the prosecution, read note from his asso.
ciate, William q. Whiteley, ESD, stating that
the latter was i'll and confined to his bed. For
this reason Mr.. Lore expressed himself as very
reluctant to 30 on with the trial and desired
to have 1t postponed until Friday.
Defendant COulise! objected to the post
ponenent chiefly becuuse they had witnesses
who had come hundreds OF miles and who
could not De gotten here again il they re.
turned to their homes.
Chef Justice Comegys said that, in looking
into the case he noticed that several pleas
were made which did not appear OH the Pro-
thunUtary record. There MAS On that record
only the siugle plea OF mot guilty, the other
pleas OF confession and ayoldalice never hav-
lng been entered.
lhis elicJted an argument between COUNSEL
which CONSUMED nearly two hours MIR. Batet
said these pleas We're nled to the original narI
and, alter the iiarr had been amended it was
agreed between counsel on both sides that
these pleas should stand to the whole narr ut
amended.
The Court said that counsel had the un-
doubted right to enter INTO such AL agree
neut, but That agreement should appear un
the record, and suggested that The counsel
reduce the agreement to writing. slSn and hit
it, ami thus make 1t part oil the record. Ii 1t
WAS NECESSARY to have time for this, the Courl
could allow them time, but the agreement
must appear upon the record or the Court
would be obliged to Instruct the Jury that tht
only Issue before 1t WAS whether AIR. Lroas
dale was or was not guilty OF the charge
alleged
Air. Lore objected to doing this in the
absence OF Mr.. Mhlteley, with whom much Ul
the conference between COUNSEL had been had
vino was equally Interested III the agreement
and perhaps had more u do with 1t than Ii,
(Lore) had. lie ielt that he should not aiiG
could not consent to have the record made VI
in the nu.ellue of MR. Whlteluy.
In the lengthy debate and the iterationl
and relteratlons that followed, the cuunsU
seemed at one moment about to agree and th,
next moment more likely to utterly Disagree
MIR. Lore. while admitting that AN ugreunien
of the nature set forth by air. Bates had bvel
entered INTO, was very reluctant 10 be Il part,
to the entry of.thc same upuu the record Ii
the absence OF Mr. " hlteley, and expresset
the colylctlon that nothing would be lost b,
continuance OF the case until Friday, b.
whirh ttmu he would have the matter urouell,
entered.
lne Court finally said that unless counse
came TO an agreement to 30 ON with the cAs
they would withdraw u Juror and continue
this mo by twice telling one of the Jurors
ey-,heriT pvle 10 Withdraw frnn the bo,
and 20 ont doors no a, 10 break the panel
Fnc6 time he WA. stOppDd by coullsel pefur
he reached the door.
Mir Lore-,If the Court will bear with IL
a momeut--"
Ub,nf .Iu.tice Comegvs-"We shall con
tinne tbis ease linl.,s y9n 20 on with n nov
.Iud,,e Woottun- iFhn trnnhl, ia van wuti
90 on or won ntop."
Mr. ToreN.sWe both sides desire 10 bav
ths case 20 ON. but We desire n little time /
draw nm AN agreement
Jndue Wnn1ien-.I think you had bette
have ia yitnesspd
Under thu pressure of the situation. finliu
il necessary either to agree or sufer posi-
ponemeht uhtl next term, Tine iollo"iii
agreement was reduced 10 Wrilh6 an
acknoMleuBed III opeh court
ihht tho pea llluu 10 th" oileihal Hai
should be considered rs applying to til
amehuGd llarf ana thut the repile"tlohS org
many ileu nhoulu pe eonsiuerou us appl!lh
10 the amended pleas
IL wa" now ll't1 H. III Inc 'ourt rulu
that tue jury Sloulu be resWorh, WHICH WI
done.
Mr.: Lore then reopened the case with SUI
stantlaly the alneAr6untht ana declaration
AZ he used yesterday afternoon and whlc
have already been reported
the act OF incorporation oil the Delawal
State Fire and Marine Insurance Company.
MIR. Bird asked ii that act had not bee
amended.
MIR. Lore replied that an amendment WI
obtained but lapsed because 1t had not be-
recorded III time.
Mr.. Bird asked whether the company Is II
now doing business under that amendment,
which Mr.. Lore replied that 1t is acting und
the origlna charter.
II only give notice, said Mr.. Bird, that
think we shall show that they are acting und
the amended charter" he amendment,
explained, makes the company purely
mutual one, and abolishes the stock part
the business. ..5
THE Files DEMANDED
Ar, -, ,t,,, ,,.,,,,,,o,, ,,, =,
mt' iote .hen ,t'i,, ~ a. -, ~, ~,
ueienuahl 10 ploultoo oei.uii me- ". i.' NJ. =.
EVENING III accoraahce WIN hot'oe sN
theih on Mohuay .,,
MT BateS Htiteu tiiat tl,e uetcuualtI GOV y,
sci uecilheu 10 prou'lce tue nlos euiion t , ~
that they ulu hut reco6hl"e 'h"t piouuet'
under hotiee applieu 10 any huon lii,'Ieta a.',
poulu Nolu'hes u mo"spapo,n y, a''s y Du a,
BOOKS put that ~ M's il2t 'eoesaais ~ W a. IT, i
r;mhtIl a,,5 dncline tn nrndnce ANYTHING Ie
fBhts aliu ueei,lie " liouJo ",ia Le
ing the plaihtlh 70 oher Such @ otheI oNiie, Wei
as he pleased, Whlci', iinulisS.,iu, il'lI, "o
Oe ,ie' y! ~ tt Is,l,,t W;ui
MI Loie ene W t%,iVi thn v,,ro.s vue TAM "N''
l. StoasuaIe' W .i',,'i tuo ~ sa;J A. r,
ou Meio ,L i.a, ,s"ry S,H ~ FyrSiS,
pMLii6 M Win ioH ~ 'N1 Is7S iS' Ia orh iesn IT.
-, - -, sia. ,,;th y0u in tha court room
Sou .Aoso ,,'e9 ,i,;atoJ H. h stat'd tto,
Iii j., ,;a,,o', ~ s,,Int,,s ,j,,,au j,,,
InS"t, Sn.a t,a,,oht ,ba tleS hnt h,, ,SnnId snL
.a. Il 20 NOT com,,,,t.nt Tor tn, ,,rnsccni
.a"s ~ raarira the,r nrndnctinn. far sew
Sooaois Frst heraIlse a suLpnna d
tec,,,n cannot be issued for the purpose
compelling defendant 10 proiuce ueiore
on,.rstiwa ,,non n third person, not defe
MI orr marty. who comes aA a witness mer
Secondly2A subpqna duces tpctIn app
onlv 10 ..nrivatp writings" such as dc,
nromissorv notes and the like, sometl
which in its ycrv nature must be II sill
thing and which must be proved either by
nroduction of the original document OF
la, rndary evidence. Copies of a newspa
So a.s, Of such documents and no one newspa
aa, bo considered an original newspaper.
pnt n, the third place, there il q n
d,u,1,I n"ri ~ ,niection. Libel. under the law
naIn,rara i, a criminal oifense and the pro
,ie ,ara,r,, around the defendant reht
Un h;' ,'n, oni,, rom the necessity Of repl,
70 ansst,ona Sb'ich would tend to Grimm
80 aio r., IN the production of
In,,,,o,,,+ n o ,,hich W, ,ud tend to crminate
Io.s I..I 80 ',1, o,,;a. 4uce was relevant to
lIas,ii;ss,, III ;l,H oosa evcep. such as would pl
Piaiiisin nase ~ published a libel
tne ueletuans a;ii,, " r,ode IL impossible to ask
1,,s spdai. piaI.Ias anS nmestinn which he was