Daily Republican., 1882-05-16
EDITION
SUPERIOR COURT.
Ta'nail W. Courtuey-The Arr,
ment ON Admitting Evidence ~,
the Defendanps Wealth, "a

nons on A"A'sinx Evidence of
the Defendants Wealth,
Court re-assemb bled at 10 o'oloct .,,.
and resumed the trial of Tat M
nall vs. Courtney. Last evening bsfors
the adjournment, witness was nuas
toned by Mr. Lore with a view of ascs, s"sS.
tanning thel financial standing of NJ
Courtney, for the purpose of assstin,,
the jury in the amount of damapse Is
be awarded in case they should renda,
a verdict in favor of the plaintiff.
This question was objected to bv tbo
defence, and number of anthor;t;as
cited on both sides. Court adiournsd
without deciding whether the Question
was admissiable or not, and this morn
ing Mr.. Spruance opened the case with
an argument in opposition to admittina
aly evidence bearing on the financial
condition of his client. Mr.. Spruancs
spoke for about forty minutes, and was
followed by Mr.. Lore for the plaintiff
who contended that it was necessary in
"a case of this kind, that a mans finan.
cial standing should be known.
He said that an offence of the kind
that had been committed on Mr.. TatpalI
! was influenced by the character and
standing of the one committing it, and
the greater a mans wealth, the greater
the offence. Mr.. Lore said that It was
absolutely necessary to show what A
mans wealth was, they had nothing To
do with the defendants character; he
might be one of the best men on earth
or he might be married to Que wife and
have a half dozen others that he is not
married to; that was a matter that thew
had nothing to do with, but the wealth
of the aggressor was proper matter
to bring before the jury. Mr.. Lore
cited number Of authorities in sun.
port Of his position, and concluded by
saving that he thought that he had
clearly established the fact that such
evidence was admissible
Mr.. Whiteley closed the argument
| for the defence, when the Court an.
jnounced their decision in favor Of
admitting the evidence.
Frank e. Gallagher was recalled,
but only knew the financial standing
of Mr.. Courtney by repute. The eyi.
dence was objected to by the defence
and Mr.. Lore did not examine the
witness sny further.
Cross ossexamined-The witness had re.
moved wild hairs from Mr.. TatnalpS
ewes three years previous to this occur.
epce. He had taken them out about
, once month; they were mostly in the
+ right eye. Have taken hairs out with.
a in the last two months.
William II. Swifl.-know Henry
, r. Courtney and is a member OF the
same corporation with him. Do not
= know how much Mr.. Courtney is worth
. did not know how many shares ofstock
! he holds, as the transfer books are not
in the witnesses possession. Have been
associated in business with the deten'
" dant since 1861, wasi in partnership with
" him until 1870, when the firm was chang
= ed into a corporation.
D. Mr., Lore then produced the record
of a number of deeds, to show the value
of Mr.. Courtney 8 real estate. he then
10 offered the record in evidence and pro
y ceed.d with the examination OF the
witness. After asking him several
y ouestious to which his invariable an
r, swer was "T don't knoW,' he was or
a. "a dered to stand to one side Tor the pres
w " ent. ",
8. Henry B. Courtney recalled owl
IN the house live in; paid $l9oo loflt;
IN also own a farm nsar Newark contain
Do ing about one hundred and TWO acres
OF don't know what 1t is worth; palo tel
or eleven thousand dollars Tor "
Int its value has gone down since Dc
hought it; owns a small piece ofgfOan.a
is, a short distance out Of town for WHICH
et, he paid 81 200; owns Two or three s5NaN nSs'
I'm where he lives, probable value saOoS saooS
on house on French street valued az S1vy n,
zee house on Fifteenth worth VI 4oo pOn
know, and don't want to know NV NV
w. many shares of stock he owns III IN
"a cornoratiou; don't know now maa
as shares there areor what they are Wo['l @
re- In answer to Mr.. Lore's question nv
much have you invested in the pu'
ew ness. ,,o ;rvssti
c" The witness replied, 81 have ln!eS'; ;' ;
nv life, my strength, anu al III mo,
look at my hands, and now you ss' ""
to take it away from me to glOe nOe y ~ y,
us, man who already owes me sz'VVv' -
les witness did not know how mucn luo mu
an ev he got out of the business IN 'oa
nee when he wanted money and ulu oou ~
2ol have it, he borrowed it, After " wv
ar further questioning he was ys1 allT"1u
rry, depart and Mr.. Swift was reca,loaid nIoaids
ana He testified that he IS the rles,~v rps ns,
ese of the Diamond State Match oOmPsII y,I
the the mar value of the shares "a aae aen sa( NJ
1tee and the capital stock IS e. Sl-Iy,u, GGu,
ess. In mnn,t Lnow how much stock MI you
nav holds. and could not tell un'eS' - !,
wn, saw the books; the books aro losidss
Hands of the secretary VINO !.''str ro oh,
Iean Westfield, Conn. There ,anpo aio II n
sixtv or seventy stock hoiuelo,
Court suggested that Mr.. Coqt'u', III nnt
for reoa,Iaa and both witnesses DO pun
'leo' che stand, which was done. =, that
Mr. Courtney again stated .ns .rss
did not know how many he ne,
stock he held, and said thas nv nv shs
had anything to show no" ln% anttsn b,
he ewned. He had iore1,sv'n 9,v mt
much monuy he had Originally was r
lowed @ to to depart, and the Oh eh"~
W est io"e'i W w ,,;ft Mo ,seded with =,
at tlon OF MI o"iiV ,,astion from D
Lore the witness said, thaI .hs t"a bu
- Mr.. Courtney's income irou ~ Wv 'o'clI
ness was S14, 900. The CourI ~ aSis aft
adjourned until 8 o'clock 'n''
=, n noon.
~ C-tu,,nAl PF Actlco'