The daily gazette., 1880-05-18
FIRST EDITION.
THE COUNTY COURTS
CONTINUATION OF YESTER-
DAYS SESSION.
A DULL AND PRosY sEssIoN-rHE IL
BEL cAsEs-L. J. RIeNEY's AcQUIT-
tai, &C.

A DULL AND PRosY sEssIoN--rHE Ii
BEL cAsEs-L. J. RIeNEY's AcQuIT
tai, &C.
Specially reported for the Gazette.
NEW CASTLE, May II, 1880.
Court reassembled at three O'Clock
this afternoon, Judges Comegys and
Houston on the bench.
Charles B. Lore, Esq, counsel fol-
Edw. Cassidy, convicted of assault
and battery on'Sergeant John M. Legg,
with intent to kill, made motion to
the Court for new trial in the case,
and was given until tomorrow to file
reasons for the motion.
In the libel cases of VIM. Bright. at.
al, and the Del. State Fire and Ma.
rine Insurance Company VS.. VIM. T.
Croasdale, counsel for defense asked
leave to enter certain special pleas.
Messrs. Lore and Whiteley, for the
plaintiffs objected, claiming that the
admission of the pleas woald have the
effect OF postponing the trial until
another term. Col. Whiteley said the
pleas should have been entered on the
regular rule days.
The Court finally granted the re-
quest of the defense, but with the res
ervation that in the future such amend.
ing or special pleas should be entered
on the regular rule days.
A discussion was then entered into
bearing upon these cases. The de-
fense presented certain interros atories
in relation to James H. Myers, Score
tary Of the D. s. F. & NJ. Insurance
Co. when the suits were made, the ef-
feet Of which was to prove that Mr.. ].
II. Myers was an organizer of fraudu-
lent insurance companies.
The plaintiffs objected on the ground
that the gravimen of their case was
not in the character of Myers, but in
the declaration that the Company was
a fraud, therefore, these interrogatories
were irrelevant.
was no ma erial part of the libel. The
libel was against the Company and
not against its officers. A Company,
Judge Comegys said, might have get
Of rogues as officers, and yet be an
honest company. However, The Court
finally said, If it was necessary for the
defense to take this course to prove
their plea, they might do SO.
The interrogatories alluded to have
been prepared by the defense, and will
be sent, if it is deemed desirable to
use them, TO a party In Cincinnati, to
answer and make deposition thereto.
They allude to the alleged connection
Of Myers with the organization and
conduct of fraudulent concern called
the Empire Fire Insurance Company.
The case of the State Us. Lawrence j.
| Rigney, charged with the embezzles-
ment Of FUNDS belonging W the Shields
Library Association, wss next oonsiCi-
cred. This case, as already stated in the
| GAZETTE, was brought under the law
passed for the punishment Of EN- bezEle,-
ment, at the last session of the Lesisla-
ture. The defense admitted the facts
| Of the embezxlement as alleged, but
claimed that the Shields Library did
not come under the statute, inasmuch as
| II was not q charitable or q benevolent
institution. This question was left to
the decision Of the Court.
| The private records of the Recorders
office was brought into Court, when IL
| was found that though the Shields
| Library Association was incorporated
In 1869 It's charter was not recorded until
January, 1880.
Mr. Gray, for the State, claimed this
apparent defect was remedied by :he
''Act to extend the time for recording
private acts" passed at each recurring
session OF the Legislature. The act was
procured, but when 1t was read IL was
4 found that the sentence intended to
extending the time for recording un-
/ published acts read published" }" instead
Of Unpublished" Col. whiteley said
he would rest upon the law, and Mr..
Gray said as far as this point was con.
have to be seen.
Col. Whiteiey then proceeded to
argue that the Shields Library Asso-
| citation was In nowise a charitable or q
benevolent institution.
Mr.. Gray, on behalf Of the State
argued that the Shields Library tAsso
citation organized for the purpose oi
benefitting its members by the adoption
of measures for the diffusion of know.
ledge, was either charitable or b nevo'
lent institution, or both, under the Legal
intendment of the law.
The argument was maintained fol
some time on both sides. after which the
case was loft with the Court.
Tue decision of the Court was that the
indictment would not lie against the
defendant as the Shields Library Asso.
| CthtOn uiu uOb pIOpoIly Como uuuoE Tue
provisions of the embezzlement act.
This decision acquits Rigney of all Of.
ticial responsi Dility for his offense.
At $40 O'Clock Court adjourned until
ten o'clock tomorrow morning.
COURT NOTES.
During to-day q letter was received
from DR.. U. Il. Richards, OF Gsorge-
town, stating that Judge Wootten was
still confined to his room from the Of.
fscts of his recent accident. This makes
1t doubtful that Judge .Wootten will be
present at all at this term of Court, and
IL he does not arrive 1t may affect the
argument IN regard to the removal OF
the case of William Neal to the United
States Circuit Court.
Sheriff Pyle Is still confined to his
room by an annoying. and painful car
buncle on the back Of h neck.
In Court this Afternoon Harry Sharp
Icy, Esq, presented the report of Fl. U.
Turner, Esq, commissioner to take tes-
timony In The divorce case Of Jane Car.
ney %. James w. Carney. The report
favored the granting of an absolute de.
cree Of divorce, the custody of the
children to be given to the petitioner.