Daily Republican., 1880-05-20
THE OoURTs.
Continuation OF the Kennedy
woodrow Siander Case-COntrn'
dictOry TestimDny-PlendfnE for
their Clients-TO be Continued
morrow.
Specially Reported for the Republican.
Az. n ... H., Mo,, o

their Olients-TO be Continued
Tomorrow.
Specially Reported for the Republican.
New CASTLE, DEL, May 10.
The Kennedy Woodrow slander case
being on trial at thu time the mornings
report closed the following are the sub
sequent proceedings:
Joseph Murray, sworn, live in New
ark; Woodrow is in business under Odd
Fellows Hail. remember Woodrow call
ing in store to pay bill ;am engaged in
the four and feed business; my brother
could not change the bill; Woodrow went
out to get the bill changed; when he
came back he said he had lost one of the
$5 bills; he went out and hunted some
time for it and came back; he said War
rem Kennedy got that money; | said
Mr.. Woodrow this is a very gravscharge;
he then went out to Mr.. Kennedy sit
ting outside and said, " Warren Ken
nedy you got that money; Kennedy
said you are g-d--d-l-- and throw
ing up his hands said you may search
me; Woodrow said, I" it is not worth
while now, you've had time to make
way with it."
Cross Examinsd--Do business as
Murray 4 Co.. Mother, brother George
and compose the firm; Mother is the
princip banker; Woodrow first spoke
to my brother George in regard to the
bill and rendered a $40 note; the bill
was charged upon the books; don't
recollect what the bill was for nor the
amount Of It; am sure he rendered a
$40 bill; brother said he could not
change 1t; Woodrow said he wtuld get
1t changed and call again; do not recOl-
lsct whether my brother took the bill
into his hand he did not take the bill
and 70 into another room, Woodrow
went ont Immediately, Newton Brison
and wife were present Woodrow came
back in very few minutes from 10
to Is minutes he came in and felt in
his vest pocket don't recollect that he
had anything in his hand he stepped
up to brother behind the counter; Twas
in the room at desk near end of the
counter four or five feet from Wood
row in front Of the counter do not
know what Woodrow said TO brother /;
he felt in his pocket for the money he
said he lost one IS bill he took out one
( S5 bill don't recollsct that anybody
made answer Mr.. Woodrow began
to look around the floor for the note !;
brother handed him the lamp; he
searched around the room; then he
went outside; l went with him; we
looked along the front of the store and
porch and up to Mr.. Pixies store and
back Mr.. Pike half square distant; ;
oil same side of street; one vacant lot
between went back and forward with
him once; they went back and forth
several times; found nothing; the lamps
were lit; quite breeze blowing at
times; search occupied half hour; Mr..
Woodrow came back he went into the
hack shop with brother; followed him;
he said Warren Kennedy got that
note and he would swear to IT.;
| he said it in an ordinary tone
of voice, could have been heard in an
adjoining reom. told him that was q
very grave charge forany body to make.
He said he would call Kennedy in he did
so, he said: Warren you have got that
note and I'll swear to it. Kennedy said
YOU are q g-d-l-andy you may search
me. Woodrow said you've had time to
make way with it. Don't recollect who
all were in the store at this time,
brother George is now in sassafras,
Maryland.
Alfred Bailey, sworn-Lived in New
ark in 1877; know the parties in this
case; was sitting at one side Of the door
at Murray's store. Mr.. Woodrow came
out of the store and went around
the board fence; said I've lost $500;
after Looking for it a half an hour,
Woodrow said, "Warren Kennedy
you've got that money, l saw you pick
| It up" Kennedy said he might search
him; it was after dark, the lamps were
lit; no wind Of any account; good many
walking up and down. "They wouldn't
m AXE breeze would they ?" asked
Mr.. Spruance.
Ferris Rudolph, sworn--Lived at
Newark, June 1877; was at Murray's
on the evening referred to; know the
parties; saw Woodrow 90 in and come
out; said he lost IS; hunted about half
an hour for II; Woodrow said, "War-
ney, (meaning Warren Kennedy you'v
got that money, saw you pick II up
with your left hand" Kennedy said
you may search me; about Is or 20 as
sisted in the search for the money; Mr..
lKennedy did not take the lamp and
help TO search.
James H. Ray, sworn--Know the par
ties in the case; the plaintiff is har-
ness maker.
William A. Woodward, sworn-Was
a detective in 1877; went to Newark
in June or July, 1878; met Mr.. Wood
row, had conversation with him about
the case he said nothing was said in
reference to this money case; he spoke
of him in another case in which Kenne-
dy was concerned.
The plaintiff tried to prove malice on
the part of the defendant by connecting
him with other acts, but the court
ruled the evidence out.
Ia Drhe plaintiffs here. closed the case
and Mr.. Spuranoe opened for the de-.
fense, claiming non suit on account OF
the evidence not sustaining the Ian
guage used as stated in the naar. Mr..
Spruance agreed that aside from the
discrepancies in the evidenoe9he Ian
Iguage did not amount to slander be-
cause there was no malice proven or
expressed by the defendant. 1t would
be monstrous doctrine said Mr..
Spruance, to say that man must
:: answer for making q declaration that
| a certain person had rebbed him If he