Daily Republican., 1880-11-27

leave the witness stand, without the
question being pressed.
John R. McFes, sworn.-- l am In
suranoe Commissioner of the State Of
Delaware. Papers were shown him,
and he identified them as certificates OF
authority issued by him to the insur
anee company and under which 1t did
business in the State.
The plaintiffs here rested their case,
and Mr.. Bird moved that the Court
non. suit them, saying:
There has been an utter failure on
the part Of the plaintiffs to produce
proof TO connect Mr.. Crossdals with the
writing OF any Of these editorial arti-
cles. There Is another salt pending In
which the Every Evening Publishing
Company are the defendants and the
Insurance Company plaintiffs. To con-
nect him as editor of this paper, and |
might conoede that he is the only edi-
tor, Is not TO make him responsible, for
there is another suit pending against
this publishing company, the propris
tors Of the paper. 1t would require
stricter proof to convict him Of libel in
q criminal suit. What then Is a civil
suiti They have proved their case
against the proprietors Of the papar so
far as the publications 60, but have
they proved enough to warrant the
Ease going before a juryi
1t is shown that other persons than
Mr.. CToasdale write editorials and that
Mr.. Crossdals was absent for whole
weeks at . time when he did net write
line for the paper. The foreman Of
the composing room here testified that
editorial copy came to him In an un-
known hand and he did not know who
wrote any Of the articles. This Is not
near enough testimony to go before a
Jury. II he did write these ar
tiOies ho has said 20 to many people.
That's the way to prove it; the defense
brings not man and caunot. Uuder
the plea OF "not guilty" there Is fail
ure to connect him with the writing OF
the articles. They are not suing q
man who is editor and proprietor both.
He is simply an editer--a private oii.
zen. No matter what our thoughts
may bs there Is no proof.
Mr.. Lore In opposing the application
for a non suit, said: UHle3s | gravsly
misapply the facts we have not only
such a case as will send IL to jury
but will satisfy that jury that the de.
fendant wrote the libel. Is there proof
snoaxh connecting Croasdals with
writing these libels. Mr.. Bell, the
managing editor, said three persons
wrote editorial for the paper, Mr.. Hum.
phrey, Mr.. Croasdale and himself. Mr..
Bell said he did not write any OF the
libeIous articles and did not know who
wrote them. He also testified that Mr..
Croasdals was editor-in- chief whom
the publications took place. Mr.. Hum.
phrsy says he. does not know who
wrote the articles. Who then did
write them, aud who knows but they
were written by Croasdah. Because
the Every Evening Publishing Company
is responsible that does not take any
Of the responsibility from CrSasdale.
Mr.. Bates fcllowed speaking for the
non suit after which the Court deliver
ed brief decision denying the mo.
tion.
Mr.. Bird opened for the defense al
4 90 o'clock. The defendant has put
in three defenses in his pleas. 1st that
he is not guilty, that he aid not write
them, 2nd. that he did write them,
and that they are true, every word OF
them. 3rd, that there was no malice,
that he did it for the public good.
On the frat plea we will offer no tss
timony, being willing TO rest upon the
plaintiffs proof. But We say the com.
pany ia q fraud we say it at the bar
Of the Court and at the bar ofthe Court
We will prove II. 1t Is rotten conceiv-
Cd In fraud, born In fraud and fostered
in fraud a fraud still and likely to
remain fraud.
Here Is q little that we will show :
That q man named Myers, q speculstor
In fraudulent insurance companies,
went to Dover and had q charter pass
ed, containing the names Of four or dvs
men, who did not know that thsy wsrs
Ia the wild cat concern till they saw It
in the papers. That, from that day to
this there has not bsen an honest dol
lar, except three or four hundred, in
the fraud. That under the manage
mont OF William Bright, 1t seems to
have four or five hundred dollars in
good assets and did not have cent.
That, neith'r Bright nor Tantum put
an honest dollar in the fraud. and all
that can be converted into money is q
few shares of marsh and bank stock.
That Myers came here with inflated
mortgages on land, out side the State,
| (God knows whersD to she amount ol
$50 900, which Gorge B. Money cut
down to $4,000 before he would al
low them to 20 into the concern. A
man named Mcclure came to Delaware
City and sold them 1900 acres ofland
in Dauphin Co, Pa. That they gave
him $4,000 worth Of stock, and the
Company Issued mortgages for 1t and
| LuTutu LD0m 1nsO tAC eAo 10
sets, the land being worth from one to
two dollars per acre. or q total Of less
than o., 400. That Mr.. Money, the first
President Of the Company went to see
this land II m,de him sick. We will
show that land sworn by this Company
to bo worth 500 is not worth co.
900.
That assets &o sworn to be owned by
the company had never been assigned
of record. That insurance Commits.
sioner McFee, in examining the affairs
OF the company threw out nearly $780,
900 offraudnlsn1 assists, leaving about
Gil 900. That the WILMINGTON insur-
aucs companies will have nothing to Go
With this concern, because it is iraudn-
liant. That Croasdals first attacked 1t