Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-04-24
Supreme Judicial Court.

for plaintiff Bacon & Foster, and Hyde for defend
: ant.
:, This was an action brought by the plaintiff one
5 year ago, before the Supreme Judicial Court and
continued until the present term, charging the de-
PENDANT with having circulated slanderous report
against the wife of the plaintiff charging her with
unchaste conduct, prior to the date of her marriage
with him, and laying the damages at 900. The
parties are all residents of Warren, in this county,
and have occupied respectable positions in the soci-
ETY. of that town. About seventy witnesses are sum-
moned IN the ease upon both sides, and it seems
to attract unusual amount of interest on the part
4 of the public.
I'm Il. Shepard sworn. Reside in Warren;
have lived there for almost 50 years. Knew the
parties in the case had conversation with Rock
wood Burroughs, the defendant, in 1913, relative to
this case, in going from my house to the village
The conversation commenced by alusion 10 diiicul-
ties between Fairbanks and Mr.. Carpenter, and Bur-
roughs said that his brother John had told him that
he had Illicit Intercourse with Mrs. Fairbanks at
the old mans, previous to her marriage. Had heard
of no previous difficulties, and did not remember
having any other conversation with Mr.. Burroughs
IN regard to this subject; and did not remember who
made the FIRST allusion to it ; he did not see Capt
Thomas Damon pass while the conversation was be-
ing held, he might have passed and might not; have
known Mrs. Fairbanks since she resided in Warren.
some fifteen or sixteen years; had frequently heard
her character spoken of for some years. there were
differences of opinion in regard TO her; some said
her character was good, and some that it was not
Dr. Lorea2o Mariner called. Reside in War
rem in this State; have resided there since 9th of
March, 1887; am acquainted with the plaintiffs and
defendant; recolect the service of writ upon Dr.
Carpenter, in 1913, by the plaintiff; never had heard
of any previous difficulty between Mr.. Fairbanks
and the Doctor, and surprised to hear that there
was any; 1t was subject of conversation in the viii
lage after the service Of the writ.
Washington KeyeS called Reside now in Savoy,
Berkshire Co.; in the spring and summer of lS48,
resided IN Warren, In the centre Of the village and
kept store; recollect the service of writ upon
DR.. Carpenter in that year; knew of no difficulty
between him and Mr.. Fairbanks before the service
Of the writ; it was matter OF surprise to me when
heard CT 1t, and it was the subject Of CONVERSE.
ton In the village after that time; thnk the writ
was served on Saturday evening; was in business
with Mr.. w. II. Sessions at the time.
James Richardson ceIled. Reside in Warren;
lived there In lS47, q AS, occupation butcher re-
collect hearing Of the service Of the writ upon Dr.
Carpenter; ii was matter of surprise at the time ;
knew Mrs Fairbanks; with some her general repu-
tatlon Is good, with others bad haye heard ITO re-
pors against her character except with reference TO
4 particular transaction
o Samuel 1idd called. Reside in Warren; am
deacon OF the church there; resided in Warren in
l04o. Heard Of the service of the writ upon Dr.
Carpenter; before the service of that writ had heyer
9 heard OF any difficulty between Mr. Fairbankr and
g Dr. Carpenter; there various opinions in re-
lgard to reports against the character OF Mrs Z.
. some believed them and some did not; had heard
the reports circulated in store, and heard a man
say, will give you S. 600 to prove it;'' TO which
the only reply was laugh.
Nm Bliss called Reside in Warren; resided
there in ls4S; heard Of the service of the writ upon
n DR.. Carpenter.
s I'm. Lincoln Reside in Warren; heard Of the
service of the writ upon Dr. Carpenter; knew both
OF the parties, and heard of previous difficulty
James Blair. Live in Warren; always have
: lived there. In the winter of 1850, (hink it was
e February,) was in Mr.. Moore's store; saw Samuel
Burroughs there; Mr. Burroughs asked Mr.. Moore if
he could trade for Shingles as he wanted to build
barn; MT Moore said, when you get ready think
e we can make trade; Mr.. Burroughs replied, want
: shingles that will lie as straight as Mrs Fairbanks
there was no other person Of that name but the de-
fendant In the town at that time; Mr.. Moore was
standing at the time the opposite side the coun-
c ter, aud Mr. Burroughs was about six feet from him.
g near the stove; Mr.. Moore is hard of hearing and
Mr. Burroughs spoke in an elevated tone of voice /:
am not positive whether Burroughs said Miss or Mrs
Fairbanks; there had been widow Fairbanks in the
: town, but she had moved to Brim6eId.
Beng. b. Burroughs. Reside in Warren: am
half brother to the defendant and cousin to the plain
: tilt; heard Mr.. Samuel r. Burroughs say that he
could get evidence from Vermont, to show that Mrs
Fairbanks character as black as tar; the de-
endants father was present, and said he thought it
was lie; that be did not believe such evidence could
be found.
Here the evidence on the part Of the plaintiff
closed.
TESTIMONY FOR THE DEFENCE
Capt Thomas Damon called. Reside IN War
rem; havs lived there more than sixty years; and
know the parties to this action; remember seeing
VIM. A. Shepherd in conversation with Mr. Bur
roughs on the road near DIR. Carpenters. Mr. Bur
roughs had horse and lumber wagon loaded with
bags; passed them. and Mr. Burroughs followed; il
was pleasant day, and the road was muddy; Bur
roughs overlook me, and we conversed together
cannot fix the time to day, but it was between the
goth OF February and the last of the month fix the
d time because bought yoke Of oxen at Monson af
ter this occurrence, and got them home before the
hrst OF March; had never seen the defendant con-
yersng with Mr. Shepherd at that place at any other
time; knew by report during the winter of i94s of
It dihcnltles between Fairbanks and Dr. Carpenter:-
heard That there was probability of suit between
: ihen, from general report before the suit was
brought; nave known Mrs. Fairbanks ever since she
came In town; have heard her character for chastity
it frequently spoken Of her general reputation for cha:-
NY Is not good; has been matter Of conversation
for number of years; have no means of fixing the
time of these difficulties between Fairbanks and Dr.
Carpenter, other than by the change of the seasons
= the character Of Mrs f. has been constant tonic ~
e conversation at all times and places
n A deposition of John G. Burroughs of Day. N V
was here put into the case preyious In tho air, ~