Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-03-07

A CELEBRATED Casino case in the
eastern part of Vermont, for many years,
especially in church circles, has excited
such general interest as that of Rev. David
| Shurtliff VS. Alfred Stevens, D. D., recent
ly reviewed at Brattleboro by the State Su-
preme Court. The action was for libel, the
plea the general issue. and trial by jury
| 1t appears that the plaintiff is a native of
| Blandford, Mass. and at the time the
| alleged libel was published was resident Of
Shirley. Since 1858 he has been Congre-
gational minister, commencing his minis
terial duties at Bloomington. Vt, where,
as pastor Of the Congregational church, he
remained one year. From 1868 till the
spring of 1877 the plaintiff did pastoral
work in Fayetteville. Vt, Alstead and New
Boston. N. Ii and Shirley, Mass. The
defendant, DR.. Stevens, is also Congrega-
tiOnal clergyman and since 1912 has resided
in Westminster, VT, during which time
and now is the pastor Of the Congregational
church at Westminster. West Parish. In
accordance with Congregational usage
there is in Windham county su association
Of Congregational ministers, which has
been IN existence since October 10, ITS,
and, according to its covenant and bylaws.
any Congregationalist minister, residing
within the county, by vote. may become a
member. and, when removing. is entitled to
letter of dismissal and concentrations to
like associations, which is known to be
sufficient evidence and credential of good
ministerial standing. The defendant, DR..
Stevens, since 1913 has been prominent
member of the Wlndham county association.
In 1870 the plaintiff by vote was admitted
to membership. In 1873 Sburtlitf left
Windham county and JAILED to receive the
proper evidence OF honorable dismissal from
the County Association. and since his de-
parture has not regGinei standing 10 that
or any like ASSOCIATION. 1t appears in
evidence. that during the membership of the
plaintiff, the defendant from various parts
of New England. directly and indirectly
received several letters inquiring into the
character and ministerial standing of the
plaintiff in Vermont, to which communica-
tions DR.. Stevens made reply. Having be- |
come convinced that the complaints against |
Rev. David Shurthff were well founded,
the Windham County Association in May. !
1877, passed the following preamble and |
resolutions:
UhtTeas, Charges OF untruthfulness. deception |
and creating disturbance among the churches have |
been made against Rev. Dg, ID Shurtlitf, u member |
of this body, therefore,
ResOited. That hereby withdraw fellowship |
from him till the ?th day OF August next, at which
time he is invited to appear before our body at
Wilmington. and show reason why he should ut |
be dismissed without papers.
ResOIred, That the Scribe be instructed 10 send
copy OF the minute to thu brother, and also to the
COngrtgat!onaiisf and the Vermont Chronicle.
The suit being brought at the County
Court, a verdict, after an exhaustive hear
ing, was returned for the plaintiff. On
exceptions the case was carried to the Su
prcme Court, where the Judgment was re
yersed and the case remanded for new
trial. In the opinion of the court, by Judge
Powers. it was held that if the Association
honestly believed the charges preferred
against the member to be true, it was their
duty to take said action, and for the rrOtec
ton of their church organization to publish
the same. tho publication in this, and any
like cause. being privileged communica-
tlon. This decision in Vermont, especially,
which finally settled. so far as Vermont is
II troublesome csnOnistic ques-
IIOn. will serve as an important precedent
in future cases of church discipline and
government. Davenport Eddy, OF Brat
tlebOro. appeared Tor the plaintiff, and
Hons. Z. b. Eddy, of Bellows Falls, and
James Nj Tyler OF Brsttleboro. Tor the de.
endant