said they had adjourned 'till three o'clock. Mr. Weckerle called me, said he, Mr. Uhler, what has become of the flying lions; he said, you damn'd scoundrel I firmly believe, you must be one. I stated it to some of the congregation, I do not recollect to whom. I came to the steps, did not know Weckerle followed me. 'I met Mr. Lex, I stood there a second. Weckerle was among the crowd, he said, you damn'd rascal, how come on the flying lions. I had mentioned before a peace officer, that the Germans had come over the benches like flying lions.

Q. Was he in the habit of abusing you?

A. Yes sir. I went to step into the mayor and make my com plaint, but Mr. Long advised me not to do it.

Adjourned till 9 o clock.-FRIDAY, 12th JULY, 1816, 9 A. M. SAMPSON LEVY, Esq. on the part of the defendants-having stated the facts as they would appear in evidence, and opened the case on behalf of his clients, the following witnesses were respectively examined.

FREDERICK DREER, sworn-Some time in September, we had a society, called the Mosheim Society, and we had a speaker appointed to make a speech, and we wanted to meet together in the school room. I was a member of the corporation; I was to ask the corporation to give us the liberty of the school room; they gave us the liberty on such a day to use the room in Cherry street, any day we chose, it was not mentioned what particular day. On a particular day we were to meet together; it was on Monday in September 1815. About two evenings before we met to see if every thing was prepared for the oration which was to be delivered. One of our members had a ticket, on which it was mentioned, on the same evening when we had liberty to use the school house, they were to meet there, and they were invited on the ticket; the same evening, and at the same place, there was to be a meeting for English preaching. I did not know any thing of it, it was the first I heard or knew of this case. The society considered awhile about it, and did not know what we should do, as we had every thing prepared. Our president Mr. Fisher in Arch street, chose, that we should not hold this meeting on that evening, and to prevent disturbance it was postponed to another day-they did not meet on that night, there was no meeting at all, neither of the one nor the other. Some days after they met, Thursday or Monday, the English society met in the school room, in Cherry street, and we met on the same evening in Fourth street school house, and beginning with singing and praying, and we quit, saying, we should meet again in a short time, and some of our members went over to the other school house, I went myself for a little while to see how they come on, on the English side. They had some articles read by Mr. Keemle in English; all that they did was in English. I did not stay long there; they were beginning in such a way, that I saw it would create a disturbance in our congregation; they were asked if they were in favor-some said yes, some said no, after the ar ticles were read. Afterwards, I heard Dr. Leib say, they put the

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cart before the horse, they went on a wrong way-it was said the same time they read the articles; he said it would make a disturbance with the congregation-they ought to go on in another way. I did not stay very long there; I went away from the school house -I did not stay till they broke up there was nothing out of order that I saw. The articles were drawn in such a way as to give us what they please, and hurt a great many's feelings. I went home:-Some days afterwards the corporation met-I was a member of this corporation we began business in the evening-there are two doors it was not very cold, it was a pleasant evening, and the outside door was shut, and the second door a little distance open. I heard a knocking on the outside door; I went out and opened it; there was Mr. Uhler and Mr. Busch-they asked me if Mr. Lehr was in; I said yes. I went back into the vestry room and told Mr. Lehr, some body wished to see him. Mr. Lehr went out. I did not see any body in the yard but these two men. Mr. Lehr brought half a dozen papers in from these men. This paper was wrote in the English language; I believe it was a kind of petition sent from the English side to the corporation : they did nothing in that business that evening-the petition was in English and that was the reason it was not read that evening. In a short time the election came on-some weeks or a week before, the last time the corporation came together to make a rule for the election day, when I came in the corporation that time. I was in a minute or two, Mr. Witman asked the president, if he would take the question when he made a motion. (Dr. Collin was sworn to interpret the remainder of the witness's testimony, as he proceeded with difficulty.) The president said, yes, if it was in the proper manner, agreeable to the subject. Mr. Witman moved, that they should choose the inspectors. There were two inspectors proposed, Mr. Geyer and Mr. Krebs, and the president did not agree to it, and other members got up and said, it was contrary to our rules and bye-laws-it was against their regulations. He proposed to repeal that bye-law, and proceeded to voting, and there was a majority to preserve the bye-law, and a small number against it. It was voted that the whole election should go on as formerly, and the bye-law be preserved; that the president should have the same authority that he formerly had.

"

Q. Was there minute made of this in writing?

any

A. It was all taken down in writing. This business was over for that evening; they went on no further in that case.

L

Dr. Collin read the minutes of the 28th December 1815, to

which the witness referred, in the German language, and then translated them as follows:

"First-The proceedings of the former meeting were read." "Second-The elder of the elders, Conrad Haas, handed in his resignation, which was accepted."

Third-The question was put, whether that resolve in the byelaw, page 84, by which the president of the corporation is authorised to appoint the inspectors of the general election, should be re

pealed; which question was answered with, no; that it should not be repealed."

"Fourth Resolved, that a general election shall be held on the 6th January, 1816, from 9 o'clock in the forenoon, till 8 in the evening, in our school house in Cherry Alley."

"Fifth-Resolved, that the members of the corporation do meet again on 5th January, 1816, when the treasurer shall settle his accounts as is usual."

"Sixth-Resolved, that on next Sunday, it shall be published in our churches that the general election is to be held on the 5th January, 1816,, when five elders and three church wardens are to be elected."

The witness proceeded. On the 6th January 1816, in the morn ing, between 8 and 9 o'clock, we met in Cherry street in the school house. The time came on for beginning the settling of the accounts of the corporation. Dr. Helmuth read the church rules, and after Dr. Helmuth prayed, and the treasurer began to read off his accounts for the congregation. Mr. Long was just beginning; Dr. Helmuth stopped him for a few minutes, and advised that they might be all peaceable and quiet, it was his wish. Mr. Long settled afterwards his accounts. The moment he was done, Mr. Witman jumped on a chair and hallooed out " that he had taken the advice of the government, (as he expressed himself in the German) that he had a right to appoint the inspectors of the election." (The Revd. Dr. Schaeffer was sworn to act as interpreter during the remainder of the witness's testimony) and those who were for it should say yes, and those against it, no-there were a great many more against it than for it: I heard a great many saying, no, more than yes. Mr. Witman said," he himself had a right to choose the inspectors." At the same time our inspectors were in the room; one was within the inclosure and one without it, Mr. Lehr and Mr Hoeckley. The president informed these gentlemen, that they had been appointed inspectors, before that. The president mentioned the names of the inspectors publicly in the school house, on the morning of the election, the inspectors and secretaries, and, then a disturbance took place-some of the members present intended to put Mr. Wagner into the enclosure. Ripperger, Mr. Andrew Busch and Mr. Steiff; there were many more whom I could not see well. Several of our side wanted to hold him back'; Mr. Reisch and Mr. Chur, they did not injure him; it lasted but a moment, I did not see that his clothes were torn. I saw him frequently through the day. Mr. Reisch put his arm on the top of that enclosure, and with his other arm held Mr. Wagner, and Mr. Long with his fist struck on that hand which was on the top of the enclosure. There were Long, Loyer, Birnbaum; and Mr. John Geyer stepped backwards and called upon the constable, Vanderslice. I did not hear, what he said to the constable. Vanderslice went to him and he took hold of some of the people there present; he stood on a step about eight inches from the ground. Q. Who did the constable take hold of?

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A. I could not see exactly, but it seems he would help Wagner over the enclosure. There arose a great crowd and pressure near him; there was a stove near the steps, and as the pressure was so great, some of them tumbled down from the steps and fell against the stove, and the stove fell down and tumbled into pieces. Mr. Wagner afterwards came into the enclosure.

Q. Did you hear Mr. Wagner exclaim, "you will choak me ?" A. No. The election had been opened in the meantime and some votes given in.

Q. Who were in the railing taking votes ?

A. Hoeckley, Lehr, Miller, Schwikkard, Cruse, Long, Witman, Wagner, John Geyer, Birnbaum and George Honey. Q. Who received the votes ?

A. Hoeckley and Lehr.

Q. When the president mentioned that these gentlemen were to be the inspectors, were any persons in the school house at the time ?

A. The school house was full; and many were in another apartment near the school house.

Q. Could they all hear what the president said?

A. Yes, he spoke as loud as he possibly could. Afterwards all was quiet; the people generally went up and gave their votes without interruption, on both sides. Witman stood near the post where the votes were handed in, with a paper in his hand and set down the names of the voters on both sides; he put down some and some not, and therefore we did not know what use he was going to make of it; he examined the voters, the inspectors had no room to examine the voters, at least, he acted in a manner that they could not perform their duty towards the voters so fully as they wished. I saw and heard Mr. Lehr desire him to set a little back on the table; I was present afterwards; I went away a little, and went in afterwards. Witman stood there at that post, it was about noon; after awhile he looked about and talked with some one, and after wards he sat himself down near the table.

Q. Was the stand which Witman took near the post, inconvenient for the inspector's? Did it interfere with the election?

A. The place was very narrow where votes were handed in-he stood close to Mr. Lehr, so as to make it inconvenient for him; Mr. Lehr requested him to stand a little to one side, he would have more room to take down the votes.

Q. What did Witman say to that?

A. I did not hear, that Witman said any thing after he sat down; he remained there.

Q. Was he not frequently asked to sit down?

A. I heard the inspectors several times desire Witman to sit down.

Q. Did he sit down?

A. Some time in the afternoon when I came in, I found that he had sat down on the table; he had the same paper in his hands, he wrote something.

Q. You told us, you came in before prayers were read in the morning, and you went out and came in again in the afternoon and Witman had sat down at the table; was it in the morning the inspectors asked him to sit down ?

A. It was in the morning after the election was opened.-I was not long absent from the school house during the whole day; during my stay there in the afternoon all was quiet.

Q. Did any thing happen at noon??

A. I happened to come to the school house, Mr. Weckerle came to me and said that one of our fellow-brethren was beaten very severely on his head, near his eye, which made the blood flow; afterwards I saw the one who was beaten, one Mr. Speiss; this had just happened during my absence from the school room; the blood was flowing down from him. I was not present the whole of the afternoon; I saw nothing disorderly 'till evening; he staid where the votes were taken for a good while, and the constables were always present there, and a tumult arose outside the door and they went out into the street. I cannot say what occasioned the tumult, I went out myself to look at them; as I went out into Fourth street, as I went along, some person went before me, knocked behind a stick and touched me under the arm; I took hold of it, it struck me between my body and my arm-it was a sword canethe man was young John Cope. I kept one part and the man took the other he turned against me. I did not know whether he wanted the part, which was in my hand, I handed it back-the piece which the man had was the sword; he had turned around towards me.

Q. Did the man present the point of the sword to you?

A. Not directly towards my breast. I did not know him at first, but afterwards I saw that it was John Cope, and then I gave him the scabbard. He did not say any thing to me nor I to him. At the same evening Mr. Mannhardt gave in his vote-when he entered the school house there was some person; William Berg came with him; he said "Mannhardt comes," at the same time every thing was quiet in the school house; Andrew Busch stood on a bench on the same side, and called out when Mannhardt was coming, "there comes the captain of the Germans," and repeated it often, and after Mannhardt had given in his vote, and as he turned himself round afterwards, Busch called again, "this is the German's Lord God.". I heard nobody else use such expressions.

Q. Are you positive you heard nobody else but Busch ?

A. I heard nobody else. I stood close to the place where the votes were received.

Q. Was there such a noise or confusion that you could not have heard any other use the expression ?

A. It was middling quiet at that time. In the school house in Fourth street, some of them during the day were there some of the members wanted to warm themselves, that were cold; there