The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1865-08-25

Some weeks since, the Twilight or
Second Edition of the Burlington
Times, which is printed at st. Adams
under the name of the st. Adams Dai
~ Messenger, saw ft after nursing its
wrath for over year, to pounce upon
the Vermont TisANscRIpr with all its ven
ON. The first count in the Messengers
indictment we have already replied to
under the significant title of Corpora
tion Toadyism. But it has not awak
ened any denial, argument, or attempt
at argument upon the part of our ven
cradle ri-headed assailant 1t has sim
ply contented itself with billingsgate,
SANDER, and personality, preferring to
use weapons that were easily handled,
and congenial to its habits and educa-
ton We have now, agreeably to our
promise, to notice tho second count in
the Messengers indictment which is
couched in the words following, that
is to say;
In last week issue of the TRANsoRIPr,
the Messenger is called to account for
sins of omission or commission. 1t
says "tbe story started by the Duty
Messenger, that Mr.. Payne (Hezekiah)
before his recent trial and ncquittal
endeavored to escape from the Jail,
was extensively circulated by that dai-
ly paper, greatly to the prejudice of
the accused The story turns out
upon inquiry to be wholly groundless,
and maliciously set ahoat." We tell
the TRANscnpT the Messenger never
started such story. We never said
that Payne attempted to escape from
the Jail. We are aware the hastily
written paragraph which appeared in
our paper at the time was forced into
such construction, but by very few
md by just such persons as the edito
q of the TRANscRIrT, uho ,cas one o
Payne's counsel, and, therefore, not
disinterested party.
The foregoing appeared in the st
Adams Messenger under date of Au
gust A, 1865. The following articl,
was written for and published in tn
same newspaper June 18th, 1865.
Some of the inmates OF our jail
which contains two candidates for tn
State Prison, beside the raider Payn,
had become wearied of the hospitalit
of Sheriff Sherman, and conceived tha
hole in their barred window woul
afford happy issue of their difiicu
ties. They used their tools -probabl
furnished by friends to such adval
tage, that on Saturday night they la
severed three bars of their windo
grating. Sunday morning, Sheri
Sherman, who had suspected som,
81 thing of the kind, and kept the wor
under personal supervision, interfere'
and the 'boys' concluded to remain.
No person after reading the abo,
paragraph could fail to draw the infe
ence that Payne, the so-called ST. A
bans Raider, was one of the "boyi
who was interfered with by Sheri
Sherman and prevented from esca]
ing. The article conveying such O
impression did appear in the Messe
ger. 1t meant to convey the idea tn
Payne, the raider, attempted to c
cape" No other name was mention,
but his. 1t was not q hastily write
paragraph. IL was written deliberat
ly and after an interview with the ia
err. Before the article was write
the Messenger was officially inform'
that Mr.. Hezekiah Payne, not only d
not attempt to escape. but EXPRESS
desire that his fellow-prisone
should not undertake to escape
cause such an undertaking, whetb
successful or not, would work prejudi
to him on his trial, which was set dop
for June goth The Messenger persi,
ed in printing the paragraph as abo
quoted, persisted in the suggest,
that Payne, the alleged Raider. {
tempted to escape from Jail. The
facts justify to the fullest extent t
assertion that the "Messen9er's sto
turns out to be wholly groundless Al
maheiouslg set aaoat." The law nft
malice when newspaper publish
to the world an article prejudiaal
the business or reputation of thi
party In this instance, it was doul
malicious, because the Messenger kn
1t was false before the paper was
sued which contained it, aud was
quested to refrain from publishing a
thing but the truth.
The prisoner so nisrepresentea ,
brought hither from Detroit, Michig
apd bad been confined in jail ST