The daily gazette., 1880-11-26
From Wednesdays Late Edition.
THE SUPERIOR COURT.


SUIT GOES ON.
Specially reported for The GAzErTF.
NEW CASTLE, Nov. "a. At the
usuas hour Court reassembled, this
morning, Chief Justice Comegys and
Judges Wooten and Houston on the
bench.
Charles b. Lore, Esq., of counsel
for the plaintiff in the libel suit of
the Delaware State Fire aud Marine
Insurance Company rs. VIM. L.
Croasdale, presented letter from
his associate counsel, VIM. Il.
Whiteley, Esq, TO the effect that the
latter was sick abed and could rot
attend Court to-day. He aaid Col.
Whiteley's aid to him in this case
was invaluable, and he felt very re-
luctant to go to law TO trial without
him.
The defense urged the presence
OF witnesses from a long distance,
whose attendance could not be sc
cured again.
The Chief Justice called atten
tior to the fact that thous the de-
fense had entered several pleas in
Lhis case, the only plea at issue, ac-
cording to the record, was that OF
mot guilty" If the defense were
willing to 90 to trial on that plea
he supposed Mr.. Lore would not
object.
Council for the defense contended
that the plea of mot guilty had
been entered against the plaintiff
original narr, and that their subse-
quent pleas, in answer to the plain
tiff7s amended narr, had been accep-
ted as of the record by agreement o.
council on both sides.
Then ensued long discussion be
tween counsel and tie Court, in which
a great deal was said about "replica
tions in issue" and other like intelli
glble law terms. The gist of the di
cussion was that Mr.. Lore was not al
active party TO the alleged agreement
which had been made entirely by Col
Whiteley, and he was not willing tina
this not very definitely understood agree
ment should be entered as part of th
record without an opportunity of con
sulting W til his colleague.
10 no postponement, but said the cas-
must either 60 OH or he continued unit
next term.
The lawyers were stuck very hard b
this determination, aud they were SON,
what amazed when the Chief Justice d
rected Juryuan John Pyle TO step out {
the court room, so as TO break the jur,
and render II necessary for the case to {
over.
This move brought counsel to the
senses, aud calling upon Mr.. Pyle
halt they held hurried consultation.
The result was written agreement
accept all the pleas of the defeuse, whiC
was entered upon the record in ope
court, aud the case went On.
!. The jury was resworn to try all til
> issues Joined in the case, and Mr.. Lol
. reopencd Tor the plaintiff, speakil
substantially as when he first opene'
last evening.
The recorded copy ofthe company
act Of incorporation was again put
evidence.
Mr.. Lore stated that he snmmone
the defendant to bring with HIM Il
files of the Every Evening for 1877, 2
1880 and asked defendants couns
for them.
Mr.. Bates said the defence declin,
to produce them.
Mr.. Lore replied that he had oopi
of the paper containing the libels.
VIM. T. Croasdale was then call,
to the stand, and after he affirmed NJ
Lore said to him:
You were subpoenaed to bring he
nles of the Every Evening and Con
mercial for the years 1877, '7S, '79-'e
have you those lies with you? +?
Mr.. Bates at once took exception
this question. He said the flies we
IN the Court, bat he held that tn
were not documents of such chari
ter as to be brought here by writ
= duces tecum, and that it WAS not CO.
pstent to compel the defendant in u
c ase to produce any document wha
ever.
The objection was sustained on
ground that the de efendaut could not
rsquired to make prOductloD q
would tend to make him II ble for n II b
and that he WAS entitled to the RAJ
= protection in the matter OF product
documents as III the giving of testimo
jerome Is. Bell, of EUsry EDeiaHg II,
affirmed anu examined in regard TO va
oIs articles in relation to the lnsurai
Company published In the EUery EUcH
from time to time. He testified lhat
Croasdale was editor-in-chief of Ec,
EUenittg, but that other parties, .hiIns
Included, occasionally contributed to
a RsulU U..NsW