Litchfield enquirer., 1847-09-09
Litchfield County Superior Court,
AUGUST TERM, ls47.

Jedediah GraUes ". Homer Waller.
This was an action for an alleged libel over
the signature o! the defendant, which appeared
in the New.Milferd Republican on the 22d and
29th days Of May. 1916.
The matter claimed to be libe llous was an
attack on the plaintiff, in his conduct with refer.
ence to the collection Of an exc cution agains,
Syvanus Merwin, the plaintiffs son-in- law
The defendant. in giving an recount Of the
matter in the New. Milford Republican. repre-.
sen,ed the plaintiff 80 welding the hand of dis.
| iress. torture and ruin upon those towards whom
he ought to have extended the hand Of sfection
and chargedahe plaintiff with being repdcioss
creditor. The de PENDANT also stated in said
publication that, few days before the plaintiff
made levy OF said execution upon the property
Of the 50 id Merwin, be, the defendant, wen, to
| The plaintiff for Merwin, and offered him money
and good no:ss on interest then due, to settle
said execution ; and that he tried in various
ways 10 stay The hand Of The plaintiff bat all to
no purpose.
The matter cIsimed to be libelIous was first
published in the New Milford Republican on the
ed Of May. 1916, and was continued in the
Republican Of the 18th of May, 1916. The de.
claratioB contained Two counts. The first conn,
declared on the Ilbellous matter published the
ed Of May, and the secoud count on the same
matter published the 18th of May.
IL appeared, iD the course Of the trial, tina,
previous 10 October. 1915, the plaintiff and SyI.
vanus Merwin had several suits OF law pending
in the Li,ch6eId County Superior Court and
that in The month Of October, Is45. said suits a.
Jaw were submitted, uuder rule Of the ad-
Journed Superior Court. 10 the final arbi.rament
Of Charles Hawley and Cyrus II. Beardsley,
Esquires, Of fairfield county, and Elisha 8.
Abesnethy, Esq, Of Litchfield county; and
that ssid srbtrotors met the parties on the 9Th
sof January, 1886. ana, after having proceeded
with the trial some ten days. IN arrangement
wss made between the parties, BY which the
plaintiff gave to Merwin's wife 935O0-which
sum the arbiiraiors were to deduct from the
plaintiff claims agains, said Merwin, in pro.
ceedine 10 find the gum If any, due him tina,
said arbiira,ors. after making said allowance,
found said MeTwin siill indebted 10 him in the
sum Of Ss63. The arbitrator accordingly made
their repor. to February Term Of the Superior
Court, 1916, and the plaintiff obtained execution
in the amount sgains, said Merwin.
N Various proceedings were had on said execu.
lion; and il appeared in evidence that the plain.
tiE when the defendan, came to him TO settle il
for said Merwin, agreed with the defendant,
that il $500 was paid in money. and q good note
given in the sum Of $i5O. he, the plaintiff, would
wait on Msrwin for the rssidue--being 94i3.
II also appeared that the plaintiff tried in va.
Fioas other ways with the defendant. ~ the
friend Of Morwin, to negotiate said execution
wi,hou, resor,iDg to . levy thereof Thesxecu
tiou was finally levied on real estate, but. thfo'
The disagreement Of the appraisers. was NOT set
OF; and matters semsined thus dill he 2ist Of
fApril. 1886. when The defendant came to the
plaintiff, and notified him tina, Merwin was going
10 lnrn out his personal property. consisting Of
his household furniture. &c. &c, to satisfy said
execution and that tie plaintiff then entreated
the defendant TO 90 again to Meswin, and Try to
persuade him not to pursue that course-saying
10 the defendant, at the time. tina, til property
would sell at great sacrifice, and that such
course would tend greatly to the distress Of HE
Iamily ;--to III which the defendant replied,
chat il would demo good: and that accordingly,
afterwards. ON said 2iss day Of April, the said
Merwid did voluntarily turn ont. 70 Deputy
Sheriff Knapp, certain personal property. con
sisiing in part ofshis household furniture al
which turning ouss the defesdans vas presens.
The defendant plead the general issne, With
notice that under said plea he should olI4r evis
dence 20 prove the truth Of ell said libslloas
matter.
The Jury found the defendant guilty On both
counts. and rendered verdict for the plaintiff to
recover u the defendant the sum Of ESQ and
HE costs.
Ccaneel ioS Plaintiff Chapman, Seymour.
and H. B. Graves. For Delendan1- Church. r,
Snith, and J.B. Harrison.