Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1862-07-03
SUIT FOR MALICIOUS PROSECUTION.

In the. Supreme Court at Fitchburg, last
week, before Judge Morton, there was a trial of
q suit of Edwin L. Crrruth, of Clinton, against
Amory Davidson, of Sterling, to recover dam
ages for malicious prosecution. Plaintiff is
poor man, living in Clinton, with large family.
lie had COW, (of some reputation in the
courts,) which he offered to sell Charles NJ.
Davidson, of Clinton, defendants son, for $50
in cash as the means of supporting his family.
He was to have delivered the COW on Saturday
night but did not do so until the following
Monday, wnen it was driven there and put in
Charles barn, who told Carruth to go into the
house with him and make him bill of the COW
and he would pay him the money. While
Carruth was writing the bill, Charles sat down
to the table to eat his supper; and before the
bill was completed, an officer entered the house
and asked him if he owed Cawuth anything.
Charles replied :-"Yes; but | should not II
you had been two minutes later" trustee
process was then served upon the younger Da-
wilson in favor of one Waters, butcher for
whom Chaales worked as clerk. Carruth was
much disturbed by the trustee process, and ac-
cused Charles of combining with Waters to
take from him the COW which could not be at
tached. The COW was then sold by Charles to
his father, the defendant driven to his place in
Sterling, and locked up with extra care in his
barn. Carruth took counsel of j. 1. Dame,
ESQ.,, of Clinton, who advised him to go and
demand the COW as not having been sold to
Charles. The demand was made and refused.
He was then told that he could repleve tine COW
if he could give the necessary bonds; but as he
could not he was further advised that he could
take the COW as his property wherever he could
find her. provided that he did not disturb the
peace. At an early hour in the morning he
went to defendants barn which he entered
through a window, opened door, and drove
off the COW and placed her in the barn OF Mr..
Moore in Berlin, where she was afterwards
| found b 7 the defendant, and driven to the barn
| of young Davidson in Clinton, with directions
to keep here there until the matter was finally
settled.
Application was then made to Mr.. Dame to
issue a warrant for the arrest of Carruth for
stealing but he declined TO issue warrant
because of the advise he had given in the case.
| Defendant then presented the case to Trial JUS
tice Thayer, of Worcester who issued war
rant which was sent by Thayer to Deputy-sherif
Gibbs, with directions TO make its service con-
tingent upon his ability to satisfy himself that
a larceny had been committed. The warrant
was not served. Defendant then presented the
case to District Attorney Aldrich, who laid it
before the grand jury, who found a bill of in
dictment at their session in January. Carruth
was arrested and brought into court, and being
unable to give bail was committed to the jail In
Worcester, where he remained three days and
nights. When the evidence had been given in,
the court Judge Amesl stopped the case and
directed the Jury to acqut Carruth upon the
ground that as a matter of law he had not par
tel with his property in the COW, it not having
been paid for as by agreement, and therefore
there had be en- no larceny. This suit was then
brought against the elder Davidson. Counsel
for the plaintiff George F. Very, Esq, of Wor-
cester for the defendant, Hon. P. c. Bacon,
of Worcester, and Hon. c. G. Stevens, OF
; Clinton The case for the defendant was con-
E Quoted with marked ability by his counsel, and
ably argued by Mr.. Bacon. For the plaintiff
Mr.. Very opened the case by felicitous state
mcnt of the whole proceedings of the parties
His examination of the witnesses was rigid and
sharp yet courteous; and his argument to the
jury was so logical, earnest, and convincing, as
to give him. in the estimation of those who
heard the trial, position as lawyer and an ad
vocate among the foremost members of the bai
of the county. Verdict, 1925 for the plaintiff
-VorceSter Palladium.