Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1895-12-13
The Governors Suit Against the
Herald.

TOOI CIOs
In the famous suit of Governor Wood
| bury against the Rutland Herald, in
which the governor sues for $50, 900 dam
ages for an alleged libellous article pub.
llshed as an editorial article IN the de.
fendaut's newspaper, the plain ifs dec
laratiOn and the defendants answer
have just been filed in the Office of the
Chittenden County clerk.
After denying the declaration of the
| plaintiff, the defence give notice that on
the trial of the case they will give in
| evidence what is stated below;
That the words of the supposed libel
were and are trne in substance and in
! fact.
That the plaintiff in said Van Ness in
violation of the law OF the State of Yer.
mont, did sell intoxicating liquor to tho
following named persons: Here follows
the names of 2G3 prominent VermOnters.
The defendant is unable to speCIfi
cally states the dates upon which such
sales were made, but it AYERS and will
prove that the persons to whom the
sales were made were at that time the
guests of said House, and registered as
such, and that the sales were made upon
the date at which they so registered 4;
that the same has extended over a
period of many years, To wit, fourteen
years; that they have been made con-
tinuously during that time; that they
have been made upon week days and up
! ON Sundays, in the day time and during
the night, and that the liquor was fur
nished to the above named persons, be-
ing the guests of said hotel. at their
rooms ahd upon the tables in the dining
room of the same.
That on the 2Sth day of December,
1894, the plaintiff did in said Van Ness
House sell intoxicating liquor in viola
tion of law to the following named per-
sons: Then appears the list of guests
at che Commercial Travellers banquet
one year ago. There are ll5 names in
ali
I hat the plaintiff has also sold in said
Van Ness House in violation of law,
Intoxicating liquor to persons unknown
to this defendant and at times known to
this defendant; that said sales extended
over said period of fourteen years as
above mentioned and that the same
were made all hours of the day and
night. and upon all the days of the
week including Sundays; that the same
were to the guests of the house and that
said liquor was furnished at the rooms
of said guests, upon the tables in said
dining room, and in other portions of
hotel and this defendant will have leave
to insert in this notice the names of the
the persons to whom said sales were
made, VIXEN tine same are discovered by
it.
That the plaintiff has sold liquor as
above with the view to profit in increas-
ing and retaining the patronage of said
hotel,
By his attorneys, G. A. Prouty, W. P.
Stafford.
The Governors declaration states that
'for several years Heretofore had been
and still is the owner of a certain hotel
located in said Burlington and known as
the Van Ness House, and as such owner
has and is still conducting the business
of keeping a hotel for the accommodation
and entertainment of the public therein
and while doing so he had not owned,
kept or possessed and was not owning,
keeping or possessing Intoxicating
liquors in said Van Ness House or else
where in contravention of law; and he
had not sold and was rot selling intoxi-
eating liquors in said Van Ness House
or elsewhere.