Every evening, Wilmington daily commercial., 1906-02-14
BELL FILES DEMURRER
To the Indiciment Charging Him With
Criminal Libel.


To the Indictment Charging Him With
Criminal Libel.
L. Irving Handy and Andrew Y.
Gray, representing jerome Is. bell, edi-
tor of the Sunday Star, have MED de-
murrer to the indictment in the court
of General Sessions, which charges him
with criminally libelling winfield ,.
QuiRley. The demurrer is as follows
And the said Jerome b. Bell having heard
the said indictment read, cometh into court
here by Andrew G. Gray and j. irving
Handy, his attorneys, and saith that the
said indictment ana the matter therein
contained, in manner ana form as the
same are above stated and set forth, are
not sufficient in law, and that he Is not
bound by the law OF the land to answer the
same, and this be Is ready 10 verify.
Wherefore, for want Of a suiileient indlct-
ment I'm this behalf, the said jerome Is.
Bell prayeth judgment and that by TINS
court here he may be dismissed and as
charged from the said averments OF the
said indictment specified.
And the said defendant, IN ADDITION 10
the above general demurrer further states
and shows to the court here the following
special causes of demurrer, to the said IN
dietment, that is to say;
/. That the indictment does not set out
as a substantive tact that Winfield ;. Quig-
ley was ~ the time of the alleged publica-
tion clerk of the peace for this county.
.. That the indictment does not set out
as a substantive fact that Winfield >. Quig-
Icy was at the time OF the alleged publica-
ion clerk of the Levy Court.
B. That the indictment does not set out
the facts indicating that Winfield :. Quig-
ley was the chief beneficiary OF the fraud
mentioned in the said publication.
A. That the inuendo in the indictment in
the following words, 10 wit; Meaning
that the said Winfield s. Quigley was a
parry to the alleged frauds above referred
| to materially enlarees the meaning of the
words il is intended to point In the alleged
/ publication.
8. That the inuendo in the indictment in
the following words, TO wit: Meaning
that the said Winfield S. Quiglay is guilty
of the offence and misdemeanor of intend
ing to obstruct public justice, ~ materially
enlarges the meaning of the words 1t is in
tended to point in the alleged publication.
6. That the inuendo IN the indictment in
/ the following words1o wit Meaning that
the said Winfield S. Quigey was one OF the
real perpetrators of the said alleged Shell.
pot crime, materially enlaIges the mean
ing of the words IL is intended TO point ir
the alleged publication.
z. That the indictment does not set ou
as n substantive fact what we're the Shell
pot crimes OF the alleged Shellpot crimes.
g. That the inuendo in the indictment II
/ tue IOllOWlDE WOlOdt TO Wiz AlNdnllt
that Il would be demonstrated by iudicia
| Investigation that the said Winfield s
Quigley was one Of the real perpetrators o
the said alleged Shellpot crimes,' ma
terially enla rqes the meaning Of the word
II Is intended TO point in the alleged publi
cation.
9. That the inuendo in the indictment II
the following words, to wit. Meaning tina
the said Winfield 5. Quigley was a party &
the said alleged fraud alleged TO have bee
perpetrated at the said Shellpot election
materially enlarges the meaning of th
words it is Intended TO point in the allege
publication.
10. That the indictment docs not set OF
as a substantive fact what was the fraud q
tho Shellpot election, or the alleged frau
at the said election.
II. That the indictment does not set OF
whether there was or was not an electio
held at Shellpot.
u. 4 That the inuendo In the indictment i
the following words, 20 wit Meaning thf
the said Winfield $, Quigley was a part
to said alleged fraudn materially enlarge
the meaning of the words II Is intended {
point in the alleged publication.
IL. That the indictment does not set OF
further that there were or we're not obstacle
thrown in the way of Justice during N
said term of court nor what was the natui
of said obstacles.
IA. That the alleged publication set OF
In the indictment is As a matter of law, nc
criminal libel And that the said lndici
ment is, in other respects, uncertain, In
Andrew @. Gray,
l.. Irving Handy.