Johnson v. Scribner
Supreme Court of Connecticut
This was an action of slander. The declaration, after averring the good character of the plaintiff, stated, that a transient person, by the name of Willis Cole, came to a sudden and untimely death in Norwalk, from causes unknown to the plaintiff, and in which he had no agency; and that the defendant, in a conversation with divers good citizens, concerning the death of Cole, charged the plaintiff with having murdered him.
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This was an action of slander. The declaration, after averring the good character of the plaintiff, stated, that a transient person, by the name of Willis Cole, came to a sudden and untimely death in Norwalk, from causes unknown to the plaintiff, and in which he had no agency; and that the defendant, in a conversation with divers good citizens, concerning the death of Cole, charged the plaintiff with having murdered him. The cause was tried, on the plea of not guilty, without notice of special matter, at Fairfield, December term, 1825, before Hosmer, Ch. J. The introductory averment in the…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff brought an action of slander against the defendant for falsely and maliciously saying of him, that he was a murderer.
At the trial, on the plea of not guilty, and without notice of any justification, the words spoken were proved, most explicitly, by three unimpeached witnesses.
The place where they were uttered, was a ball-room, where a dancing assembly was convened, and a violin was playing, at, or about the time they were published. To add to the confusion of the scene, a fracas took place at nearly the same period; and it is an inference all but certain, that the…
2Cited by8 opinions
- Lupkey v. WeldonSupreme Court of Missouri · 1967
- Mathews v. TerwilligerNew York Supreme Court · 1848
- Kinne v. KinneSupreme Court of Connecticut · 1831
- Post v. KerwinAppellate Division of the Supreme Court of the State of New York · 1912
- Newell v. WrightSupreme Court of Connecticut · 1831
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