Evening journal., 1903-02-23
AS TO
DONAHOE'S CONDUCT
Court Decides ThisssClass OF
Evidence in Libel Case
Is Admissible

The libel case Of John p. Donahoe
against the Star Publishing Company.
was resumed in the county court this
morning, when the court decided that
evidence in regard to the plaintiffs ac-
tiOn at the last days session of the
Legislature in 1899 was admissible.
This class of testimony was objected
to on Friday last by Mr. Hilles, coun-
sci for the defendant, when Jerome b.
Bell, president of the Star Publishing
Company, while on the stand. was re-
quested by his counsel, Mr.. Whiteman.
TO explain the actions of Mr. Donahoe
on the last day of the session.
The point was argued at great length
by counsel on both sides, and the court
this morning rules as stated above
Mr.. Bell was called to the stand this
morning and gave a short account Of
the actions Of Mr.. Donahoe on the last
day of the referred to session Of the
Legislature. He testified that Mr..
Donahoe tried to leave the house and
was surrounded by a crowd of men.
The plaintiff succeeded in getting out.
but was brought back and was again
surrounded by a crowd of men. Some
one i'm the crown shouted that if any
other - of a Democrat voted for John
| Edward Addicks he would be made an
ornamental lamppost.
The witness said that the articles
were printed for the welfare of the
public and for no other reason. and
it was not because he held any in-will
or malice towards the plaintiff
Mr.. Bell denied that he told Mr..
Donahoe that there was enough in the
bill before the Legislature for both Of
them. The witness also denied that
the rumors about the plaintiff were
originated by him.
Mr.. Bell was asked If he knew what
were the principals of the political
party of which plaintiff was a mem
Der. SO far as relating to the election
Of John Edward Addicks as a United
States senator, he answered that they
were against John Edward Addicks.
Mr. Bell was cross examined at
great length by Mr.. Hilles. but moth
ing especially new to the case was
brought out
L. Irving Handy was called to the
stand and after stating that he was in
the Legislative hall in Dover on the
day in question, was asked If he OBJ
served tine conduct of John p. Donahoe
so far as participating in balloting for
UNITED States Senator on that day was
concerned. He said he was there par
Iof time and noticed Mr. Donahoe was
voting against the proposition to sep
arate the joint session. Witness said
he had heard rumors that J. Edward
Addicks, or some one for him had pur.
chased enough Democrats and Regular
Republicans in the Legislature to Sc
cure his election on that day, and tha
farlow, Clark and King, who voted fol
MIN, with others, were said to be tn,
ones purchased. He said that he ha,
heard rumons that Mr. Donahoe wa
one Of the others.
, colonel Enoch Moore was called t
the stand and asked the same question
as was Mr. Handy in regard to MI
Donahoes actions. Mr.. Moore said i
was a very exciting time in the hall OF
that day and that he noticed Mr.. Dona
noes conduct, which he described a
waVering. Witness said that plaintiff
claimed he was sick and wanted to g
out. Witness went out by him an
stayed with him Mr.. Moore said h
SAID 10 the plaintiff: John, it doe
not matter how sick you are, you mus
die IN your chair, but do not shirk
vote, it will be to your credit"
2 he said Mr.. Donahoe was one Of tn
= most nervous men on that occasion tina
he had ever seen.
> Others who testified on the same sub
= lect were: ]. Wilkins Cooch. Ex-Secrt
tary of State James H. Hughes, John {
0 Dill, OF Willow Grove and Jefferson I
: Ford, OF Middletown. The case will b
= continued. this afternoon.