Daily Republican., 1880-05-20
The court at l.15 took recess until
AFTERNOON szssIoy.

AhO Oouhb ~ A'AV toNA v aVoVo9 uAiAl
3 o'clock. -
AFTERNOON sRSsIoy.
At three o'clock the Court again COM
menced and the Kennedy Woodrow
slander case was resumed.
Edward McPiks sworn; am cigar
store keeper; store opposite Woodrow;
twenty yards from Murray's; recollect
of the trouble between Woodrow and
Kennedy; l changed $40 bill giving
him two S. bills.
Cross -examined--Store twenty yards
from Murray's; did not measure the
distance; other persons did.
Newton Brison sworn-Liye in New.
ark; am a house carpenter; recoilsct of
being at Murray's store on an evening
in June, 1877, when some trouble oc-
Cured between Woodrow and Kennedy;
my wife was with me; Mr.. Woodrow
came in and asked Mr.. Murray to
change him s. bill; Mr.. Murray took
the note and went back into another
room and coming back said he could
not change it and handed it back to
Mr.. Woodrow;Mr. Woodrow had aDoth-
er SIS bill in his hand; Mr.. Woodrow
went out and soon came back; he had
not been long gone; / had stepped out
side; when he came back he said he
had lost a $5 bill; the night was calm.
Cross Examined. Was in the store
when Woodrow came in; he had money
in his hand; he asked to have S5 bill
changed; when he left the store he
soon came back saying he had lost a
S5 bill; my wife had just stepped cut
about this time; was Dot there when
the fuss occurred between woodrow and
Kennedy
Thomas Kelley, sworn-Live in New
ark, am acquainted with Mr.. Woodrow
and Mr.. Kennedy, was at Murray's
on the evening in June, 1877, when this
occurrence took place. / had a seat on
the porch at one side Of the door. Ken
nedy had a ssat ON the other side; there
were others present, saw Mr.. Woodrow
come out of the store and walk away;
he had only gone 10 or II feet when he
came back and accused "Warney"
(Kennedy) Of taking the money; he
said '"Warnsy" you took that money.
Warney said you will have to prove
that Mr.. Woodrow, and you wouldn't
have accused me If hadn't been accus-
edbefore. Mr.. Woodrow said l never
knew of it.
Cross. examined-Am sure Mr.. Wood.
row accused Kennedy Of taking the
money before any search was made; do
not recollect who all were present I;
know George and Joseph Murray Mr..
Woodrow and Kennedy were there.
case
Mr.. Vallandigham-Who came and
got yeu to come and testify In this
"Mr. Woodrow saw me In store
some time afterwards and asked
me II was not present at the time he
lost his meney, and without thinking
said l was"
"Who paid you for coming over
here 7"
"Nobody has yet, but suppose you
will before it is over"
The defence here closed and Mr..
Vallandisham opened the argumentfor
the plaintiff. He said the Court would
instruct the jury that the accusation OF
a criminal act implies malice. He then
reviewed the evidence critically show
ing that his client Mr.. Kennedy had
been grossly slandered and his good
character injured, for which he asked a
verdict at the hands Of the Jury Of
$4,000.
Mr.. Spruance followed in behalf Of
the defendant, detailing minutely the
circumstances Of the case as brought
out by the evidence and sharply criti.
cising the discrepancies between the
witnesses for the plaintiff and those for
the defendant. Some Of his arguments
came down with sledgs hammer force
upon the head Of the defendant that
must have made him feel any thing
but comfortable. He defed that to
constitute slander, their must be malice
but in the charge which Woodrow
made against Kennedy there was an
utter absence Of any thpg like malice
expressed. He regretted that his client
was prohibited from being witness on
the stand, or quite different face
would be put upon the whole affair.
If a person was prohibited from max
ing lust such remarks as Woodrow did
when he found that his money had
been taken and as he believed by Ken
nedy then there would be but few
prosecutions for theft, fer II the theft
was not fully proven The person bring
ing the charge would be liable to an ac-
ton against him for slander. After
concluding his address to the jury, he
asked the court to charge the jury:
First-That the circumstances dis
closed the charge of malice.
Second-That the question Of malice
was one of fact for the consideration Of
the jury; and
Third-That it was not necessary for
the Jury to be satisfied of the truth OF
the words.
He closed his argument at O5.
At that hour court adjourned until
10 O'Clock tomorrow morning.
Local Politics.
The only contest that will be made
at the Democratic Election on Saturday
for delegates to the State Convention
will be in the Eighth ward. The can
didates in this city are as follows:
First ward, Philip G.. Plunket; Se1-
ond, J. Fra NIX Ball; Third, Alexander
Mcleod; Foddh, William H. Brady;
Fifth, Willi1hi G. Whitley; Sixth,
Henry B. Morrow; Seventh. Henry R.
Dupont; Eighth, William McMenamin,
James +. Daley; Ninth, William Il.
Patterson; Tenth, Robert Csttingham.
Governor Hall has been OF New
Castle for day or two, and candidates
for the position of Clerk Of the Peace