Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-09-27
WIndhan, County Court.


were passing over the road from Wilmington
to Roadshoro. on the 27th Of February 1877,
their horse became frightened at point near
Cutters hotel, and jumped out of the road
and of Am embankmont, throwing the plain
tifs down said embankmcut II appeared
that there was no imminent along said en-
banbmcnt aud the medical testimony showed
that Mrs Boyd was severely injured upon
her head, shoulders and spine, and that her
final recovery from said injuries is extremely
doubtful. Defendant claimed that the acct
dent happened ON account Of Mr.. Boyd's
careless management Of his horse and that
Mrs Boyd's injuries did not all result from
said accident Verdict for plaintiffs $1,000.
Dara AurtiT "a. Iur5d Sircgy This
was an action Of libel and SANDER. The suit
was commenced Aug (. 1877. The declara-
ton sets forth that the defendant, with the
intent of having it proved true. said that The
plaintiff was a liar, "a dcccivor and creator
Of strife and disturbance in the churches
and further that at meeting Of the Wind
hnm county association Of Congregational
clcrgymcn held on the 18th and 10Th Of May,
1871 the following vote was passed
UH,r,ls. charges of uututhfulnoss. deep
ton and creating disturbance amongst the
churches have been made against Rev David
ShurtiG, a member Of this body, therefore
resolved that We hereby withdraw fellowship
from him till the 7th OF August, 1877, at
which time lac is invited to appear before our
body at Wilmington and show reason why
be should not be finally dismissed without
papers,
The testimony on the part Of the plaintiff
showed that a copy Of the vote had been
published in the Congrcgationalist and Yer.
mont Chronicle. papers having wide circu-
latiOn with the determination in Vermont. 1t
appeared from the testimony Of the plaintiff
that be had been preaching for about ten
years in various places. at Phillipston and
Lcycrc,t Mass. at Alstead n. H., at Fayette-
vile. Vt. and afterwards at Shirley, Mass,
and that he was also at New Boston. n H..
for "a short time that while he was at Fay
ctteville he became member of the associa-
ton Of Congregational ministers OF this conn
ty that he became acquainted with the Rev
Mr.. Stevens Of Westminster: that after the
funeral Of the late Marshall Newton. in Fay
etteyille. he discovered an uufricudly spirit
manifested towards him by Mr.. Stevens
which kent constantly increasing that at a
meeting of said association in Dover and
after the said Shuuld had finished reading
an essay or had closed his remarks DIR Ste
ven, ,uccr.d or mad. mn n face nj him also
that at meeting of the association held af-
forwards at Towushoud, he noticed DR.. Ste
ven, tlikin, with a delegate from Wiudham.
and that the defendant remarked at some of
the exercise. h.ld at tba. time that we slould
be careful in r,rard 10 the character Of the
ministers cmploysd and that he Mr. Sburt-
iii. Thought This remark was meant for him
and that DR.. Stevens perseeuted him. 1t
further appeared that certain charges were
presented in writing to the association against
Mr. ShrrtHn bv several persons residing in
Fayetteville and that committee was APP
pointed for the purpose Of investigating the
same and making report to the association !;
that said committee met at Brattleboro. and
that Mr. Stevens was present at the request
Of one member of the committee. aud that
the first signer Of the charges above men,
toned Withdrew them that thereupon DIR.
Stevens said that he should renew one or two
| Of the charges. Some Of the plaintiffs wit
nessos testified that upon this occasion DIR.
| Stevens appeared TO be q great deal excited,
aud remarked that he should follow Mr..
| Shur,lid. The plaintiff himself testified that
| he afterwards saw DR.. Stevens and asked him
| if they could not settle their difficulties, to
which DIR. Stevens emphatically answered,
Il won't 1t further appeared from evil
| d-uce introduced upon the part of the plain
! tn that BY Stevens dictated the resolution
set forth in the declaration. The writ set
| forth special matter as damages and plaintiff
testified that he was unable TO obtain employ
ment ON account Of the publication OF said
vote, aud that it caused him much trouble
and anxiety, loss Of appetite. loss of sleep.
and nervous prostation.
| The testimony ON the part of the defendant
! showed that soon after Mr. ShurtliT com.
meured to ofliciate ut Fayetteville. trouble
arose in the church relative to Deacon Sted.
man; that letters We're received bv member.
of the church from Brownipgton and other
| places where the plaintiff had been living.
containing statements damaging TO his minis.
ter;al character and to his reuutntion ms 4
! man: that some letters were written TO DR.
Stevens and 10 Mr. Olmst.d ond that MI
these letters and the repor.s in circulation nj
Fayetteville came from time to time TO the
knowledge of DR.. Stevens; that the matter
WAS brought before the association from tim,
to time and talked over bv the different
members; that in 1872 resolution was pass
ed by said association that nut Mr.. Shurtlia
left Fayetteville in 1872. the matter remained
! until the vote and publication thereof in 1871
but in the meantime DIR. Stevens had receiy
ed letters from three of the places where Mr.
\ Shurtlif had been. stating that they were il
trouble with him and making inquiries in re
gard to his character and standing as cler
gyman. These letters DIR. Stevens answered
stating some Of the REPORTS that he had heard
and declining 10 recommend Mr.. Shurtlif a,
|