Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1880-11-23
FIFTH EDITION.
TnE SUPERIOR COURT, ,


1he Libel Suit postponed 4. III
eisee 60 the Newark sIsna.s
Case. sor
Specially Reported fer the Republican
New Castle, Nov. 4 23d.-At th.or..
ing Of the Superior court 10 d. psa'
FIRST thing done was the swearing IT, 'a 10
Coroner Weldln's bondsmen. H. ~ VI
rites are Henry II. AcMullin and ,S I,
w. gtidham. N'""
The court called the case of the n.,.
ware State Fire and Marine IpsursnoA" ~
90. vs., William T. Croasdale wb. v'
James L. vsllandighan, Bsq., coun,a u
for the defense in thu case Of war;
R. Kennedy, Vs., William A. Woodro~
objected saying that they were rad
to try the case yesterday but the CON-,
refused and fixed the time for IL eonins
up this morning. In spite Of prot.stas
lions from council on beth sides in tho
libel case, who said tbey had wjtn,..a'
froM q distance atgrest expense. Con,,
decided to take the case of Hspn,Sv
VS.. Woodrow up, and a jury was en-
pan eled.
This is an action for SANDER In which
suit Is brought to recover DAMAGE, IL,
an accusation efstsaling. Both patti.
In the suit reside In Newark, ann II 10
claimed that in June 1877, when Krn'
nedy and number OF others were al,
ting In George uur:sy's store in Nrv
ark, Woedrow came in to get a $40 hin
changed. This Mr.. Murray was uuabJs
70 do, and Woodrow went cut and
got 1t Changed elsewhere. lie cana
back and missed q Is bill and said bs
had lost II. He got 3 lamp and Looked
Tor II In the street for about half An
hour. The he came in and charged frat
to Mr.. Murray, privately, aud then
public to the crowd In the store tI,t
Kennedy had taken the money.
He made three distinct accusations
against Kesnedy, according to the ala.
cations in the parr, first that he had
seen him pick II up and he coud
swear TO 1t; second, that be had it in
his pocket and he could swear to il
and third, that he had stolen the mon.
sy and he could swear to It.
1t was shown by the evidence Of
Ferris Rudolph that the case was sub.
IS stated above, that Wood.
row looked for the money and after.
ward accused Kennedy Of stealing Il.
Alfred Bailey testified that hs was in
the store on the hight in question, and
gave evidence In substance corrobers.
tive Of the foregoing about the loss Of
the money, the search and the accuse.
ton.
Joseph Murray, brother Of George
Murray, who kept the store, testified
that before the defendant accused Ken.
needy Of taking the money he called
him Murray into = back room and
said he believed Kennedy took the
money and he "wsuld put 1t st him."
Witness told him 1t was 2 grave
charge to bring against man, After
that be said to Kennedy, ZION took
the money and can swear to it,"
Kennedy called him liar and said b,
could search his peck cts, bat defendant
declined, say ing he had had plenty Of
tine to make away with the bill. At
the time many people we're passing
and heard Kennedy bring the charge.
a. William Mcbride and James H. Ray,
were called and examined WitLOLtaDy-
thing new being elicited.
The plaintiff here closed and Mr..
whitley counsel for dsienss, asked for
q non suit on the ground tia. there
wac a fatal variance between the ale.
cations In the nsrr and the ora proof
James R. Booth, ESQ.,, associated with
Mr.. Vsllsndigham in the case argued
against the application, and To- court
decided that the proof was sufficient
and coincided with the allegations
made In the narr.
In the opening for the defence, MI
Whitley held that the chargr msds
against Kennedy was not mado win
malicious intent and that Woodrow
had no intention OF slandeIl26 the
plaintiff.
The defense had no evidence 10 Otsf
further than the record OF tie court
show ing that the case had boon tF'l
oucc before when the jury failed ="
agree, "And the court discharged tA'
jury said Sir. Whiteley, with upA1
sis, tending to show that tte coui;
looked upon the case as one Of No gIc''