Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-05-05

The following complete statement Of this case with
the award Of the arbitrators copied from the wor
| cester Spy by request:
| The readers of the Spy will remember that trial
Tor SANDER uttered by Rev Horace Parker of Iunen-
burg against Rev. David shurtf formerly OF Shirley
Village but now Of Westfeld was before the superior
court ct Ftchburg, two three years since In fact
there were two triasthe verdict in the last wes sci
aside by the supreme court, and new trial granted
before the time Tor renewing the contest the parties
agreed to leave the whole matter Of the suit, with all
costs damages, etc, to three arbitrators viz: Rev.
David y, Mears, Rev. George w. Phillips and Rev.
George II. Could d. D., Of Worcester The time sci
for the trial before these gentleman was the I4h Of
March last but owing to the absence Of the paintiff
the court was adjourned to March 81, when il was
commenced, and continued through the 2stb And
the SOth, three days
The complaint Of Mr. Shurtlid Was that the defond
ants had injured him by malicious slanders in saying
that he was without valid papers as minister thaf
he was guilty OF deception and lying; that he was
troubler of the churches wherever he went and tha
he was guilty of unworthy and unmini sterai conduct
The defendant undertook in defense, to prove the
charges TO DO true. The result will be read below in
ticuar; -
The costs fan upon the defendant, except for
trihing amount caused by the delay at the FIRST meet-
ing. These costs include all incurred in the arbitra-
ton, at which were many witnesses, and all incurred
in two prolonged trials before the superior court In
regard to damages, the counsel for the plaintiff stated
that heavy damages justly due but that neither
vengeance Justice was sought but glmply vindi-
cation OF character. On that account alone damages
were not awarded.
The meaning of the passage in the result which rc
fers to the plaintiffs qualifications is this; In the ac-
ton of council expression in regard to the quail
ihcations Of minister would be expected and in
many minds the Thought would be that these clerical
arbitrators would be expected to follow the precedent
of councils but as the arbrators take the place OF
judge AMI jury, 1t was ont of their Jurisdiction TO
give an opinion, but simply as court of law, rem
der their verdict. The counsel for Mr. shurtif was
Rev A.. p Marvin Of Lancaster, and for Mr.. Parker,
The award Of the arbitrator is as follows:
TO the Rer. Ddrfd ShwtliG and the Rep. Horace
Pdrker; We, the arbitrators in the Of shurthf
Parker. have "A 1uy fnaff
full hearing Of the contending parties unanimously
reached the following result respecting the main
by the indictment
LIST. Is the plaintiff justly charged with lying?
The arbitrators unable to ind any specidcatiops
under this head sustained.
I'd Is the plaintiff fairly chargeabe with being
fomentor OF trouble in the churches
After examining witnesses aud papers from every
church with which he has been connected, we declare
the charge unsusaiued.
Sd. Is the charge OF mean, penurious, uuministe-
rial conduct sustained?
The several specifications under this head we find
improved, an for the most part trivial.
4th Isthe allegation that the plaintiff lacked prop
er ministerial credentials sustained?
We find Rev. David shurtlih in possession Of pa
pers in due form, emitting him to regular miusteri-
al standing.
Thus, taking all the charges and specifications
brought against the plaintiff and submitted to our ar
btration we md them, jointly aud seyeraly unsus-
tanned.
In reaching the foregoing decision We the arbitra
tors have deemed it beyond our Jurisdiction pass
upon the question Of the plaintiffs qualifications
natural or acquired, to fulfil successfully the olce
OF the ministry.
While convinced Of the business of the above result
weregret that the ungrounded action of others should
have led our brother Horace Parker to assume a posi-
ton in which he has been made to appear the chief
accuser and to be holden for the pecunary RESPONSE
bilties growing ont of this case.
On the question Of costs submitted to u.s. we de-
clare; First All expenses incident to the failure Of
the hearings before the arbitrator March a. must
fall upon the plaintiff.
Second. Owing to statements made by counsel for
plaintiff, We dismiss the without assessment of
damages
Third. All costs, past and present, incurred in the
trial Of this case shall be met by the defendant ac-
cording to the established usage Of our civil courts
DAVID o. MEARs,
GEORGE W. PHILLIPS,
GEORGE II. GOULD.
Worcester Mass, March 3Oth, 1882