Ex parte Baily
New York Supreme Court
I. Seel ye, moved for a mandamus to the Judges of the Couit of Common Pleas of Otsego county, commanding them to grant a new trial in a cause in that court between Baily plaintiff, and Stocker defendant. The action was slander for charging the plaintiff with being a thief. On the trial, witnesses were sworn for the plaintiff, but none for the defendant. P. T. testified that he heard the defendant say to the plaintiff, “ You will not only lie, but steal.”
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I. Seel ye, moved for a mandamus to the Judges of the Couit of Common Pleas of Otsego county, commanding them to grant a new trial in a cause in that court between Baily plaintiff, and Stocker defendant. The action was slander for charging the plaintiff with being a thief. On the trial, witnesses were sworn for the plaintiff, but none for the defendant. P. T. testified that he heard the defendant say to the plaintiff, “ You will not only lie, but steal.” C. B. swore that he heard a part of the same conversation: the plaintiff asked the defendant if he had not said, that he the plaintiff was a…
1Opinion of the Court
Curia.
The motion for a nonsuit was properly overruled. The Judge then proceeded to charge the jury, that the question for them to determine was how the words were to be understood; and the principal subject of complaint is, that he confined his notice solely to the words in proof which were grammatically prospective, “ you will steal,” without expressly submitting other sets of words, which it is insisted were established by the proof. He told the jury, that it was for them to say, whether the words were prospective, and meant that the plaintiff would hereafter steal, or that he had . already…
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