Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1840-07-22
IA

4
md wholesome water, that then he would
deserve the punishment sought to be IN
7,c,sd On him. But il, on the contrary. 1t
shonld turn out, that either because me
.,lainfiH thought that wafer better for
mating, or because it was cheaper from
heinz nearer his mat-house, he had used
il for mailing grain as charged, then ne
apprehended the Indignation OF the jury
md Of the community would recoll upon
he plaintiff.
We (said Mr.. IT, have no disposition,
anv more than the counsel on the other
side, 10 mingie this case with the cause OF
temperance. 1t has nothing TO do with IT,
Mr.. Delavan, it is true, has been dis
tinCuished friend of the cause. MIR. lay
lor also, until he thought it harmed his
own business. But whether either or
both are temperance men is not material
10 the investigation before US. AS TO the
character Of Mr. Taylor, as it has been
spoken of on either side, | freely accord
to him the high responsibility that has
been claimed Tor him. will say also.
that he is a man whom have been accus-
toned 10 respect from my earliest child
hood We have imputed nothing against
him beyond what is charged in the alleged
libel, and that we are compelled 10 prove
true il we can.
lis my duty, gentlemen. to state the cir
cumstanccs of this case so far as 10 enable
you 10 understand our testimony. 1t was
some time in the year 1884, that Mr.. Del
nvan, by reason of his having much TO do
in conducting temperance paper in this
city, was called upon by respectable and
responsible individual, and informed that
the maltsters on the hill used such water
as has been charged, to malt barley for
beer. That statement, was handed TO the
printer for publication, but it was not pub
lished. Mr.. Delavan, meanwhile, having
left the city, returned to it. and immedi-
ately set himself to work to ascertain its
truth. He satisfied himself that the state
ment was literally true; but under assur-
ances that the use of such water would be
discontinued, he had the type distributed,
and suspended the publication of it six
months. Intelligence was however brot
to him that the maltsters were using the
same water in the same manner, and then,
and not I'LL then, did be prepare and pub
lish the article in question. After having
published that article in the Temperance
Journal, it was distributed to every family
in the city, and sent abroad far and wide
throughout the Union.
The maltsters on the HILL submitted tc
that for at least six months, without one
word Of complaint; hut upon its re.pub
LEGATION in the Evening Journal, they as
I'll Al, &c ~.
United their forces, raised purse of ma
ny thousand dollars, and commenced {
war OF determination, against Mr.. Della
van. This, gentlemen, is. the origin o
this suit OF which there are eight or ter
like il, and Mr. Delavan comes before you
under these circumstances, TO vindca
himself
When this suit was commenced, tho
advised by his attorney that he had goo,
defence in point of law, Mr.. Delavan pre-
ferred, and instructed his counsel, to pu
him before the jury On the truth of tn
matter charged, and after all this lapse O
time lever since May '35.) we have n
length the satisfaction Of coming befor
twelve OF our neighbcrs to prove the trutl
of these assertions. That you may un
Gerstand this case. gentlemen, and as tn
counsel for the plaintiff has not state
what the issue is but has reserved for ar
other occasion some intended tee clinical OF
lections 10 our notice, 1t becomes my dut
20 call your attention to the distinct issu,
This case has been before the suprem
court, or rather another one by Mr. Fid
ler the partner of MI. Taylor, preciseI
like this, and the peadings in that cas-
have undergone the revision of that cour
The precise question is thus stated by tn
Chief Justice
That six or seven years ago THAT il
previous to the publi:alion,) the planti
caused his mailing establishment on III
hill in Albany, to be supplied with filth
putrd water, such as is taken from pool
cutters and bitches, in which were dea,
putrId animals; that the water was ofte
so foul and polluted as to be green on II
surface, and nearly as thick as cream vii
filth; that such water had been used /
the plaintiff for several seasons, in NAL
ing for his brewery; and that steep-tut
used for that purpose. which usually col
tanned seven hogsheads, had deposit
ten or twelve inches Of the most filthy mi
ter, that settled to the bottom of them
This is the essence of the charge as la
IN the declaration, as understood by i
general reader, and which the defenda
was bound to justify"
That (said MIR. T.) is the substance
the charge set forth in the plaintiffs de
laralion, and which the defendant is bou
to justify. We are bound 10 prove
substance of this charge-that water
the same filthy character was used for 5,
eral seasons in mailing. We have pie
what is called the general issue. as ma,
of form, though the defendant never