Gibson v. Williams
New York Supreme Court
This was an action of slander, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of he circuit judges. The declaration contained two counts. The words charged in the first count to have been spoken by the defendant, were as follows: “ There is a thief in the neighbourhood ; I have lost hams, dried beef, cheese and flour, and the man who stole them was caught in my cheese room by my wife, and she could name the man if put under oath.
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This was an action of slander, tried at the Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of he circuit judges. The declaration contained two counts. The words charged in the first count to have been spoken by the defendant, were as follows: “ There is a thief in the neighbourhood ; I have lost hams, dried beef, cheese and flour, and the man who stole them was caught in my cheese room by my wife, and she could name the man if put under oath. I will not c,all names- for fear of being sued for slander, but the thief lives between here and my house.” These words were laid…
1Opinion of the Court
*324 By the Court,
Sutherland, J.
The charge complained 0f jn declaration not having been made against the plaintiff by name, it became necessary for him to shew either by a or averments that he was the person intended, and that the defendant meant to be understood as charging him with having stolen his property.
The substantial words, that is, the words imputing the crime, were proved as laid in the first count. But the words which located the residence of the thief and designated the person intended to be charged, were not proved as laid. That part of the count is as follows : “ I (the defendant)…
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