Thomas's Massachusetts spy, or, Worcester gazette. [volume] (Worcester, Mass.) 1811-1821, 1821-05-02
WORCESTER,
WEDNESDAY, NAY 2. 1921.


CHARLES A. GooDRIcH 90. NOSES N. CHILD.
This was case; and the Declaration alleg-
: ed that the Plaintiff, at the time of commenc-
ing his suit, and long before, was Minister of
the Gospel, settled over the First Congrega-
tional Society in Worcester; and that the
Defendant, with an intent to injure him in his
ministerial Office, had charged him with en-
bezzllng, or keeping back, the funds of GER
tain Society of Ladies in Worcester. called the
Female Western Mission Society, and also the
funds Of the Asylum for Deaf and Dumb Per-
sons-which were placed in his hands, to be
appropriated in the manner designed by those
who contributed them; and the material ALE
cations were as follows go On the first day of
January, 1920, at said Worcester, in dis
course which he, the said Moses, then and
there had with divers good citizens of this
Commonwe alth-of and concerning the Plain
tiff, so being Minister of the Gespel-of and
concerning the said Female Western Mission
Society, and the funds thereunto belonging
OF and concerning the said Asylum for the Ed.
ucation of Deaf and Dumb Persons, and the
monies voluntarily contributed in aid thereof.
by the inhabitants Of said First Parish-in the
presence and hearing of said citizens, did o.
penly utter and publish, in significant man
ner-of and concerning the Plaintiff, in the dis
course aforesaid, the following false, scandal
ious, and defamatory words, to wit - Good
rich (meaning the Plaintif) has kept back
(meaning concealed and fraudulently detain-
ed) fifteen dollars, (meaning fifteen dollars be-
longing to said Female Western Mission Socie-
ty) and three one-dollar bills contributed for
the Hartford Asylum, (meaning three onc-dol-
lar bills raised by voluntary contribution, in
said First Parish, in aid of said Institution,
commonly called the Hartford Asylum for the
Education of Deaf and Dumb Persons, as a.
foresaid) which (meaning said bills) were said
to be counterfeit but they (meaning said
bills) were good money. 1t (meaning said
bank bills and money! has never been heard
Of since, (meaning that they have never been
accounted for > and, further, meaning and in
sinuating by said words, and the manner of
uttering the same, that the Plaintiff had wrong
fully and fraudulently detained and kept in
his possession the said money belonging to said
Society, and the said bills SO contributed, and
acted otherwise unjustly, deceitfully, and dis
honourably."
The Defendant plead the general issue
not guilty.-The trial was had before Chief
Justice Parker; and the Defendant object
ed that the words set forth in the Declaration
were not, when taken in their natural sense,
defamatory and as they could not be aided
by the inuendoes in giving to them meaning
different from their common import, they
were not therefore actionable; as, to
charge another with keeping back mon
ey, does not necessarily imply crime, or
impdte to the one so keeping it back any
moral wrong. But the Court overruled the
objection, observing that as it was alleged in
the Declaration that the Plaintiff was a Minis
ter of the Gospel, and the monies which were
said to be kept back were contributed in aid
of charitable institutions, the words them
selves, without inuendoes, were actionable.
The Plaintiff then proved, by number Of
witnesses, the speaking of the words, substan-
tally, as set forth in the Declaration. and
many circumstances indicating malice.
The Defendant called no witnesses.
The Judge summed up the evidence in
an able and lucid manner, and instructed the
jury that if they were satisfied that the words
were spoken by the Defendant with malic-
lous intent to injure the Plaintiff, it was their
duty to return such damages as they, in the
exercise of their discretion, should think prop
er-taking care not to ruin the Defendant.
nor to send the Plaintiff out of Court without
an indemnity for the expense he had been at,
and in some measure for the injury he had
received.
The jury retired about o'clock in the even
ing (when the Court adjourned) and came in,
at the opening in the morning, with verdict
of Guilty, and damages IT'S dollars.
Singular instance Of Desperation.
Communicated by our Correspondent at