The daily gazette., 1880-11-24
From Yesterday. late Edition.
THE SUPERIOR COURT.
The INSURANCE. LIBEL SUIT
AGAIN POSTPONED.
IT Is OBLIGED TO GIVE WAY TO THE
FAMOUS NEWARK sLANDER SUIT.
Specially reported for the GAzET L.

Specially reported for the GAzET Il.
NEW CASTLE, Nov. 23.
Court opened at 10 O'Clock, this
morning, with Judges Woorten and
Houston on the bench.
Coroner Rayw orth Weldin offered
his Official bond, which was approved
by the Court. II is to the amount of
$2, 600, and his sureties are Lewis w.
Stidham and U. s. Marshal Henry Ii.
McMullen.
II was expected that the libel suit
of the Delaware State Fire and Marine
Insurance Company VS.. VIM. L. Croas-
dale would be commenced, this morn
ing, but Messrs. Vallandigham and
Booth, counsel for the plaintiff in the
SANDER suit of Warren p. Kennedy
VS.. w. Atmore Woodrow, claimed
priority for their case.
This was surprise to counsel on
both sides of the Insurance case, but
Messrs. VallandiVham and Booth in
sisted that their case was first on the
list, that they were all ready for trial
yesterday morning, and that it was
postponed until 10 o'clock this morn
ing only at the solicitation of Col.
Whiteley, counsel for the defendant.
The Court admitted the force of these
arguments and said this case must go
on unless Messrs. Vallandigham and
Booth would yield. This the latter,
having their witnesses present and all
arrangements made, refused TO do. al
though all the counsel in the Insurance
suit pleaded the presence of witnesses
from distance who could not be
held.
A jury was drawn in this case, but
before they were sworn the defense
claimed that one of their important
witnesses, Thomas Kealey, was alb
sent, and they could not go on with
out him. The defeuse asked post
ponement and were about to obtain il,
when the absent witness responded to
Crier Smiths call and came into Court
The case then proceeded.
This suit was fully reported in the
| GAZETTE during the last term of Court,
when II was tried but resulted IN dis
| agreement, the jury standing nine for
the plaintiff and three for the defendant.
| The defendant, w. Atmore Woodrow
OF Newark, lost five dollar note on the
evening of June Sth, 1877, and afler an
unsuccessful search openly accused The
plaintiff, Warren +. Kennedy, OF pick.
ing 1t up. Kennedy brought suit lol
slander, laying his damages at s. 000.-
j. L. ValliDdigham aud James X. Booth
Esqs., represented the plaintiff, and Col
| Whiteley represented Woodrow, in
place OF VIM. G. Spruance, Esq, who
was his counsel last term.
Mr. Vallandigham opened for the
| plaintiff and made statement of the
case, after which witnesses were called
who testified to the alleged facts of the
case as above stated.
| The maiu witnesses were Ferris Ru.
dolph, Alfred Bailey, Joseph Murray
aud the testimony was TO the fleet
that Woodrow went into Murray Il
Brothers store to pay bill, for which
he rendered $40 note. The change
could not be given, and Woodrow went
across 10 the store Of Edward McPike u
get the note changed. When he cam,
back he drew five dollar bill from hi,
ocket, and instantly said he had lost
the other five.
A light was furnished, ard for atoui
twenty minutes a general search made
for the bill, but without effect. Their
| Woodrow charged Warren Kennedy
with picking up the missing note, say
ing, "Warren, you've got that five dol
lar bill and l'll swear to it," Kennedy
replied, You're a God l. liar, anl
throwing up his hands expressed will
lingness to submit to a search. Wood
row replied, at is too late now, you've
had tima a uaf aWav tuitb IL -
VIM. Mcbride, of White Clay Greek
Hundred, said Woodrow in conversa-
tion with him, pointed out Kennedy
AS the man who had sued him for s.,
900, but the witness could not remem.
Der further what Woodrow said about
Kennedy on that occasion.
James ii. Ray testified as TO Kenne.
dy being a resident of Newark about
the time Woodrow charge was made
The plaintiffs case here rested and
Col. Whiteley, for the defense, moved
for non-suit, because of variance
between the allegations of Woodrow
as set forth in the plaintiffs Hdrr, and
as given by the Witnesses from the
stand, the words not being identical
The Court held that the proof APP
piled sufficiently to the allegations OF
the Rdrr, and that the case must 90 to
the jury. According to all the au.
thorities the substance of the words
alleged III the ndrr must be substan-
stated by the proof, which had beer
done in this trial, and, therefore, the
plaintiff had a prima .fac,e case.
Col. Whlteley, in opening for the de
Tense, claimed thai the words spokrI
were Of such a character and at such q
time-without premedtation or malic,
as TO preclude the plaintiff from rc
covering any damages. lie then Offered
In evidence the court record showing The
previons trial of this suit (wherein tn,
jury had disagreed) and rested his case
Mr.. Vallandigham opened the argu
ment for the plaintiff and occupied tn,
time up to the noon adjournment.
GENERAL ALGARFIELD'S RFOTT EST