Waters v. Gilbert
Waters v. Gilbert
Opinion of the Court
This is an action on the case for slander, brought by the plaintiff as the minister of a Baptist church and society in Amherst, against the defendant, for charging the plaintiff with having altered and forged a vote of the church, fixing the plaintiff’s salary, to a larger sum than that established by the vote as actually passed. The defendant pleaded the general issue, and specified in his defence the truth of the words spoken.
It appears by the bill of exceptions, that, in the course of the trial, in the court of common pleas, it became necessary for the defendant to prove, that certain proceedings, which by the records appeared to have taken place, at a particular time,
The second exception is to the paper annexed by Chase to his deposition, which, it was contended, could be used only as a memorandum to refresh the memory of the witness, and ought not to have been read in evidence.
We are inclined to think that the memorandum was not a mere memento made by the witness for the purpose of refreshing his own recollection, as contemplated in the objection ; but that it is to be regarded as brief notes taken by the witness in his official capacity, as clerk pro tempore of a corporation, from which notes a more extended record might have been made up and entered with the records of the corporation. If so, until such extended record is made, the minutes are evidence per se in the nature of a record. Pruden v. Alden, 23 Pick. 184.
But the ground, upon which the exception is overruled, is, that, at the trial, no specific objection was taken to the use of this memorandum, and a general objection to the use of the deposition is not equivalent. If such specific objection had
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.