Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-08-27
1T WAS ALIBEL.
Judges So Decide in the
Woodbury-Herald Case.

Declaration Of Plaintiff Sustained and
Defendant Directed to Pay $1,000
Damages and Costs.--Facts as the
Court Found Them.- Full Text Of
the Award.
The award in the Gov. Woodbury.
libel case has been made and the gov
ernor wins, the Herald being ordered
to pay $1,000 damages and the costs Of
the suits. The full text Of the decis-
ion follows:
Urban A. Woodbury.
The Herald and Globe Association.
Pending in Chittenden County Court.
This is an action On the case for il
bel, submitted to us as arbitrator by
the written submission of the parties,
to be heard and determined upon the
law and evidence and the pleadings in
the case.
The declaration alleges, in substance
and effect, that by that part of the ar
ticle declared upon the defendant
meant to say, and to be understood to
be charging, that the plaintiff, the
governor of the state, had been and
then was engaged in selling intoxicat-
ing liquor in violation of law, and had
continuously, while owning and oper-
ating the Van Ness House, thus sold
intoxicating liquor therein to the
guests OF the house and delivered at
their rooms and the public tables
therein in great varieties, by the glass
and otherwise, with view to profit,
in total disregard OF the laws of the
state and with the same freedom that
the business of selling intoxicating
liquors is carried on in hotels in other
parts Of the world, where such traffic
is by law permitted in hotels; and that
the plaintiff did this without any re-
straint as to the hours of the night and
i in defiance of the moral sanction OF
the law as to the observance OF the
Sabbath and therein resorted to vari-
GUS schemes and devices in order to
avoid the consequences thereof, but
that neither those schemes and devices
nor anything else checked nor re-
strained him in that behalf; that such
illegal traffic has been and was an es-
sential and a profitable part OF the
business carried on by him in said
house: that the traffic has been carried
on to such an extent and in such a
manner that in the view of the law
, abiding citizens of the state said
i house has become and was rum-hole
and that, although the plaintiff was
the governor of the state, he continued
to carry on said traffic as aforesaid.
, The defendant pleaded the genera
issue and gave notice hereunder thai
on trial of the case it would give IL
evidence and rely upon in defence anc
justification that the words OF sale
G supposed libel were and are true il
substance and in fact; that the plain
1 tiff. in said Van Ness House, in viola
ton Of the law Of the state did sell IN
!, toxicatiDg liquor to large number o
persons named; that it could not spec
ify the dates of such sales, but averret
that the guests to whom they wer
made were guests of the house at tn
: time and registered as such; that SAT-
sales extended over period OF man,
I wears, to wit, fourteen years, and wer
continuous during that time and mad
mon week days and Sundays, in tn
davt;me and during the night, an
that the liquor was furnished to sal
he persons at their rooms and upon tn
tables in the dining room OF the house
That on or about December q
1894, the plaintiff did, in said va
Ness House, sell intoxicating liquor
le violation of law to large number {
:. divers other persons named.
Z That he had also sold in said nous
in violation of law, intoxicating llt
nor to persons unknown to the a.
= fendant, and tended over said perlo
= Of IA years, and were made at a
= hours Of the day and night and upc
Ill DAYS of the week, including SUI
DAYS: that the liquor was furnished
!, he rooms, on the tables of the publ
: dining room and in other parts
said house; and that the plalntifl so
ne same as aforesaid with view
nrofit in increasing and retaining Il
patronage of his house.
Thus It appears that under the su
On mission the only questions present'
IL, by the case for our decision are: i,
fas First, whether the language OF IN
ID. norton Of the article declared npon,
susceptible Of the meaning ascrloe y,
70, Il by the declaration, and IT yes, tn
nc, a.i Second, whether the same IS true
to to that sense; for the defendant cam
yer Justify in any other sense.
The meaning Of the language
clared upon is to be gathered from /,
on. whole article, read and understood
and people in general would read anu ! !
.er derstand It; and thus read ana una
stood, it is fairly susceptible u
meaning ascribed to it. \, !
and The plaintiff purchased Inc ~ !
Ness House in 1881 and has owned !,
ever since. He thereupon formed
yev partnership with w. +. Bowman