Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-09-20
CHARGED WITH SLANOER
Charles Smith Brings Action
against Frank Wood.
Plaintiff Claims That Defendant Hurt
His Feelings and Standing in Com.
munity By False Accusations
Of Theft.

Alleged Islander is the center about
which the case Of Charles Smith Of
Malletts Bay VS.. Frank w. Wood of Bur.
lington revolves. This case occupied the
entire day in Chittenden county court
Tuesday.
Charles Smith. who is bringing action
against F. w. Wood claims that Mr..
Wood has wrongfully accused him Of
stealing property from his camp on
Coates island in Malletts Bay, where Mr..
Smith worked for the defendant at var.
ious times within the past five years.
Mr.. Smith claims that his house was
searched together with the house of a
neighbor with whom he was friendly, and
that no trace of stolen goods or other ev.
dence was obtained against him; further.
more. that he never stole any goods of
any Kind from the defendant, or gave the
defendant cause for suspicion to that
effect. Mr.. Smith alleges that his reputa.
ton In the community and his feelings
ihave been seriously injured and that he
has suffered much from the accusations
brought against him by Mr.. Wood.
AS the first witness, Mr.. Smiths at.
torneys called to the stand YESTERDAY
morning Mr.. Wood. the defendant. who
was asked to testify in regard to the
ownership of certain land and propertv
connected with the case and also as to
his remarks to certain people concerning
the plaintin. TIL second witness called
for the plaintiff was DR.. W.. G.. Z.
Flanders of this city, who has a camu
near that of Mr.. Wood on Coates island.
This witness testified to the good faith
that he had always placed in the charac.
ter of the plaintiff. whom he had entrusted
several times with the key to his camp
when the plaintiff was working for him.
He also testified to a certain conversation
which he had with the defendant, in which
Mr.. Wood had expressed himself as be.
lieving that Mr.. Smith had been taking
things from his camp.
william Coates was the third witness
for the plaintiff. He testified as to a
conversation with Mr.. Wood in regard to
Smith. in which Wood said that Smith
had been taking things. Mrs. Bean.
whose home had been searched when Mr.,
Wood was looking for the goods which
he claimed had been stolen by Smith.
was the next witness. She described the
search and told of statements which Mr..
Wood had made at that time in regard
to the plaintiff.
Mary Smith. wife of the plaintiff, was
called to the stand and testified briefly
as to the search of their home and to
the effect which this search and its
accompanying circumstances had upon
her husband. Charles Spaulding, a
deputy sheriff. testified to the general
good character of the plaintiff and his
good standing in the community previous
to the accusations made against him
by Wood. He also testified to the fact
that the defendant had told him that
Smith had stolen things from him.
Mr.. Smith then took the stand in his
own behalf. His testimony related to the
I QQnprlI ciflrafinn Nuhtpl 4y;-AxI 49,
up to the charges made. The witness
said that the defendant had accused
him OF stealing wrenches and other things
from his shop and house to the amount
OF $66, and that, as a result of this his
Mr. Smith's) character had been injured
In the community. his feelings had been
hurt. he had been unable to sleep we'll
for some time. his appetite had been
affected and he had been unable to work
for several days.
The plaintiff rested his case shortly be.
fore noon and the defense opened with
the defendant as the first witness. My.
Wood was on the stand when court ad.
Journed for the noon recess and he re-
manned there during the greater part of
the afternoon session. being the star
witness for himself. During the course
of the testimony. 1t was brought out that
Mr.. Wood was formerly in the shoe BUSH
ness here. that he has been in poor health
for some time. on account of which he
has not been actively engaged in my
business for the past % years. He Is the
owner of some real estate on LOOMS
street and has a third interest in a block
on Church street. He has spent his win.
ters in Florida for a couple Of years.
In the afternoon. Mr.. Woods testimony
conferred about the suspicious which HAD
arisen in his mind regarding Smiths
honesty. He told Of the many things
that he had missed and his belief that
Smith had taken them. When asked in
the cross-examination IL he still believed
Smith guilty Of theft, in spite of the
failure to find anything of the stolen
goods in the search made of the two
houses. he said that he did.
Miss Ida Wood. a sister of the defend.
ant, was the only other witness called
for the defense during the afternoon.
She testified as to the suspicious enter
tanned by both herself and her brother
! regarding Smith and also to certain
| things which Mr.. Coates had said about
Mr.. Smith. She was on the stand only
n few minutes n the court adjourned
before the plaintiffs attorneys had an
opportunity to cross-examine her on her
testimony.
1t is understood hat the case Of Henry
Borette VS.. Stephen Daegue, tort, will not
be tried. The case of William Odlin.
admir- est. Of j. P. Clark VS.. est. of E. w,
Peck. II. T. Rutter. admir- de bonis non
cum testamento annexo. appeal from
commissioners. has been transferred to
the court docket n will not be tried by
Jury. 1t is probable that the case of s.
II. Miller VS.. August Ferger G. Co., con.
tract will not be tried. There will be no
hearing In the railroad cases Of Rutland
Railroad Co. VS.. city Of Burlington, as.
sumpsit. and Rutland Railroad Co. W,
city of Burlington. spec. asspt.