Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1840-07-29
TRIAL FOR LIBEL.
n. MERRIAM.

TRIAL FOR LIBEL.
The opening of the case was given last
week. Below are few items from vol
ume of testimony, sustaining the defendant
together with the verdict of the jury
Strange, that the plaintiff could be 50 far
wanting in discretion as to commence suit !
under such circumstances mot more
strange, however, than that he should pre-
pare beverage for sale from such mater-
ais. In view of all the known facts, snow
ing the nature of strong drinks in general,
how long will human beings use them p
How long will they open their mouths and
throw away their money fof drafts of poison
and filth =?
JOHN SAVAGE Late Chief Justice,) sworn.
Examination direct-Did you reside
in Albany in 1852 Yes. For how
long previous2 lived here from 1922
! 10 1887 lived on the hill Had YOU &C.
casion TO observe previous to 1885, the
pond spoken of Yes Seen it freqnen-
tIy Saw j: frequently, from 827 to 1897;
being out Of health, was in the habit Of
riding by il with my family. State what
was the character of the water2 1t was
always dirty never saw it otherwise.
Was i. in condition fit for food or drink ?
| should think not my horse refused TO
drink it. Have you seen any thing in il
10 render it impure2 l have seen dead
animals there; and believe | have seen
dogs and cats and hogs You had OBJ
served this for several years between
1927 and 1885! Yes. Do you recol-
Iect of hearing about this prosecution al
the time process was issued Yes. Al
about that time, did YOU examine the
Poor house creek? | did, part of IT
What was the condition of the wafer in
that? | examined it near Wilson's
: slaughter house, think. The filth from
the saughler-house yard was then run
ming and oozing into the creek; the snow
was going off; at any rate the slaughter
house yard was wet, and could see filth
= and water mixed, running into the stream
= Very large quantity in the creek Their,
was great deal of it. Were there am
persons dipping wafer there then! No
sir. Before this publication, was there
0 statement made of it in your presence
e Plaintiffs counsel objected to this quea
o ton
Defendants counsel insisted on thei
right TO prove that the publication charg
e ed as libellous was true, so far as tn
e facts purported TO have been sworn 10 pre-
!. viousiv, before Chief Justice Savage J.
- and that it was competent for them /
prove all the allegations in the pretende
'e libel
lie Plaintiffs counsel objected, on III
r ground that the failure TO prove now Ii
facts thus claimed TO have been sworn L
= could not be redeemed by proving III
= somebody had sworn to the facts belol
er publication. That it was for the de(ent
Id ant himself now to prove what he h;
g published as true Of the plaintiff.
The court ruled out the testimony, II
g defendants counsel taking exception
IL the decision.
d. CrosS-euGmined. whose reque
NO did you 90 TO the slaug hler-house to e
amine2 Of Mr.. Delavan, who we
with me. How far is that from the pla
!" where water is taken out Of the creek 2
tel Don't know. Over mile! No;
ey4 should think not half mile. Tell
ar Jury how it was you went half mile {
Of the way, instead of where the water
Ky taken, to see if 1t was good My OBJ
nt- was 10 see the condition of the wa
the where it went from the slaughter-hor
liz ward. You went by where they take
:, did not, if they dip it out where l
'he derstand they did Why did you not
the By there? The slaughter-house is
leir most on the junction of the railroad;
t in went Oh the turnpike. You went :
, : further then-your object was TO see "
y water was taken out2 My object wa
de- see what was the character of the bro
Je- You could not stoop down and drin
non out of the stream, but you could W
half a mile to see if there wasn't
suo- cat in ito Would not water fit to dI
near be fit TO brew with Certainly.
! all CHARLES W. HARvEY-sworn.
e in Examination direct-What is J
des- profession That of surgeon der
ont have you formerly resided in Albany
80 Yes. How long2 From 1911 Vi
i Tue 1929. was born and brought up her
When did you return to the city !!
ment 1892. Absent from 1929 to 1882
with most of that time. From '32 I'LL
deur time did you remain here! res
III here year think; absent part Of
oo'n' and ga. | left here for Buffalo IN !
ings, With whom did you reside from Is;
than 1898? With John Quinlan, my bro
d up, ln-iaw' " I'd. somet;mes emplove
d are "as r,gan Did YOU assist him2
lows Have YOU assisted him in drawing
unto for the plaintiff 8 malt-house ! ha