Q. Was every thing quiet at these meetings where Christian G. Smith attended?

A. Yes sir; at our meetings there was never any disturbance as I saw.

Q. You spoke of two barrels of beer you saw emptied; who paid for that beer?

A. The Lutheran congregation, to which I belong.

Q. What part of it?

A. The German part.

Q. Who bespoke it?

A. I do not know if it was this committee bought it; it might have been them, who bought it.

Q. Were you one of the committee?
A. No; I was one of the corporation.
Q. Did you ever see the bill for it?
A. No.

Q. Do you know how much that beer and the sausages cost?
A. I do not know.

Q. Was there ever a meeting of the fippenny-bit society, before that which you mentioned ?

A. Yes sir, before that time in Plumb street up stairs.

Q. What did you mean then by saying you were going to form a society called the fippenny-bit society?

A. They met before that to see if we could get a plan to agree to it, to see if we could get such a society in the lower part of the town; there was one in the city, but too far for the members to come to it.

Q. When was that society formed ?

A. I do not know exactly the month; it was in last fall or winter.

Q. What was the object of that society?

A. Some of the people were poor, it was to send their children to school, the same as it is in the city. When any body was in a poor way we should assist them a little.

Q. Is one of your objects to get voters or pew holders for that church? Do you assist those poor persons to pews?

A. I do not know whether there was money paid for that purpose.

Q. How often has that society met since that time?

A. We have met frequently; we meet every month; we have a praying every month of our ministers.

Q. You stated that this petition was presented when Busch and Uhler came to the door and knocked; what time was it?

A. It was in the ever after dark.

Q. Have you been at ang Court during the time the evidence. has been given in ?

A. Yes sir

not all the time, there was one whole day I was not here but a few minutes.

20 told you what took place that day?

A. Nobody told me any thing.

Q. Have you talked with any body about this trial lately; and about, the evidence you were to give in?,

A. No, not at all.

Q. You have never had any thing to say about being a witness in case?

this

A. I did not, talk with any body in particular.

A,

Q. Did you talk with Mannhardt ?

A. No not about witnesses.

Q. Did you talk with him about what you know of this business? A, No nothing particular.

Q. What do you mean by "not talking any thing particular ?" A. I may have told people, that all I saw I could be an evidence to.

Q. Did you tell your story to any person?

A. No, not to any body in particular. I did not tell any particular one; I said, I saw all this that happened.

Q. How much did it cost the German part of the congregation to provide the beer and money for this election ?

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A. I do not know; I did not see the bill. I did not give any thing to it.

Q. How came it that you did not give any thing to it?

A. I did not ask and nobody asked me.

Q. Juror. Were the corporation when they met, in the habit of taking down the names of those who were present, in the church books when they proceeded to business?

Revd. Dr. Scheffer. It has not been usual for many years.

Juror. I would like to know from the witness, who were pres ent, from his recollection, at the meeting before the election, when the president of the corporation appointed the inspectors?

A. I can't tell. He mentioned the names to me, I know, before the election. The president did not appoint them in the corporation, but in the congregation.

Juror. Who were the persons in the room, when the president mentioned the names of the inspectors publicly?

A. All the corporation and congregation.

REVD. DOCT. SCHAEFFER, called As far as I can recollect, we met in the vestry room, near Zion Church on the day of election, about 9 o'clock in the morning. The officers of the corporation, with our then treasurer Mr. Long, went over to the school house in Cherry street. A short time after we had taken our seats in that enclosure, my colleague the Revd. Dr. Helmuth read that paragraph of the church constitution, publicly, respecting our election, before the members of the corporation and congregation who were present. Our treasurer began to read his accounts, and when he had finished, Mr. Witman stept on a chair, began to speak, and I for my part, took my records and went out of the school house as

fast as I could. I heard him say something, but I could not de clare upon oath what he said.

YEATES, JUDGE. Do you know any thing, Dr. Schaeffer, of the president mentioning that he had appointed inspectors?

A. Not to my knowledge, I went out immediately.

YEATES, JUDGE. What was the reason of your hurrying out of the school house P

A. I saw they could not keep quiet from their appearance; and I did not choose to stay there. At former elections, it was the custom of myself and colleague, to leave the room when the election was opened.

Q. What is the manner of opening the election? Is it considered, opened, when the treasurer's accounts are read ? ›

A. We have a rule in our church constitution, that when the treasurer reads his accounts, the election is opened. Q. What passed at the previous meeting P

A. It is always usual before the election, that the corporation meets and the treasurer settles his accounts; sometimes the minister meets, but it is not usual; there is no other business done. Q. What passed on that day?

A. I cannot recollect; here are the records, which contain every thing that passed.

Q. Do you recollect whether you were at the meeting of the 28th December, 1815 ?

A. I was at that meeting, was secretary and made these minutes.

Q. Those which were read yesterday to us?

A. Yes sir. (Doct. Schaeffer translated the minutes which were read yesterday.)

Q. When you went from the vestry room into the school room, or at any time before you left the school room, did you know whether the president had appointed?

A. No sir.

Q. Did you hear it, or were you publicly informed?

The question was objected to by the counsel, for the prosecution. After a discussion of the point;

YEATES, JUDGE. If it was a fact generally known, a matter of notoriety, it might be given in evidence; but any thing told merely to Doct. Schaeffer, could not be admitted. If it can be ascertained from memory, that a number of persons told him, it may be heard; but his being told by detached persons will not be evidence.

The question was further argued by Joseph Ingersoll, Esq. and Moses Levy, Esq. at some length; and the following decision was delivered by

YEATES, JUDGE. The rules of evidence are founded on good sense, adapted to the ideas of mankind. It is certainly true, that there is not a more sound maxim, than that, if there is near evidence to be had, the contrary shall not be admitted. It is said, this may ratify! the narration of another person; it may in a certain degree. But if a person-mentions that another had told him a certain thing, and

we know the witness would not say what would be untrue, yet this is not evidence. So in the present instance, what a particular person told Dr. Schaeffer, is certainly not evidence; but the person himself must be brought forward to relate what came to his knowledge. It is therefore my opinion that Doct. Schaeffer cannot answer that question; but if as I said before it was public, or he had it from public information, then it may be admitted.

Q. Dr. Schaeffer, do you know that paper? Was it brought into the corporation last year?

A. It was before the corporation, in our vestry room in Zion church. (Doct. Schaeffer referred to the minute book to see what time it was presented.)

Q. Was it before the other petition had been brought forwardthe English address ?

A. It was delivered the 26th September, 1816, and at the same time another piece of writing in the English language, subscribed by Dr. Leib was also handed in.

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Q. Was there notice taken of that on the minutes ? A. Yes sir.-(Doct. Schaeffer read the minutes relative to these circumstances.)

"Paragraph 2d. A piece of paper was read, subscribed by 125 members of the congregation, in which the disturbances which might probably arise in our congregation, by introducing worship in the English language, are lamented, and they pray the corporation to use their best endeavors, that the worship in the German language in both of our churches may be kept up.-Resolved, that this writing lay over for further consideration and decision at the next meeting of our corporation."

"Paragraph 3d. A writing in the English language was read, subscribed by Michael Leib, chairman of the committee, giving an account that the said was chosen or elected by a number of members of our congregation, to confer with the corporation, about the introducing of the worship in the English language.-Resolved, that this piece of writing shall lay over for consideration and deci sion at the next meeting of the corporation."

Q. Were you Secretary of the corporation at the time this German petition was handed in?

A. Yes sir.

Q. Did you read it?

A. Yes sir, by order of the president, I did read it before the corporation.

Q. Do you recollect whether in the German petition these words were underscored at the time of reading it?

A. To the best of my recollection, I cannot say whether they were or not I was much affected I saw before hand how much disturbance would arise to agitate the congregation.

Q. Had you the care of this paper ?

The substance of Doct. Schaeffer's reply was, that this paper had been deposited by himself in his house with other vestry papers, until he could hand them to the new secretary, and that in his absence

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from home, being on a visit to a sick person, Mr. Woelper, president, in company with Mr. Witman, a member of the corporation, as also Mr. Henchman had called at his house and finding Mrs. Schaeffer at home, asked of her the loan of this paper, which he obtained from the cause of his being president of the corporation, and by overcoming Mrs. Schaeffer's reluctance to touch the vestry papers in Dr. Schaeffer's absence.

Q. Do you know if Mr. Henchman, Mr. Witman and Mr. Woelper are related to each other ?

A. I know they are related, but not in what degree.

Q. Are they related by blood or marriage ?

A. I believe Mr. Henchman's consort is related to Mr. Woelper by blood, and likewise is Mr. Witman.

Crosse xamined.

Q. Is Woelper still president of that corporation?
A. To the best of my knowledge he has resigned.
Q. Do you know how he came to resign?

A. I do not know. I suppose it is recorded in this book whep he sent in his resignation. I cannot give any account of the time, because I was not secrectary.

Q. Can you turn to it ?

A. I find it here récorded, " on the 11th January, 1816, a letter from G. Woelper was read, as his resignation, and resolved thereupon not to receive it; but a committee was appointed to wait upon him, and to ask the reason why he sent in his resignation; the committee, were Hoeckley, Fricke and Fisher. Here I find, " on Saturday, 3d February 1816, the corporation met again. Mr. Hoeckley reported, that Mr. Woelper, as the present president of the corporation, believed he was not able to resume his office; hereupon it was resolved, that the resignation of Mr. Woelper should lie over for further consideration." "Saturday, 10th February, 1816, the corporation met." Paragraph 2nd, "The motion was made, that the resignation of Mr. Woelper should further lie over."

They chose a president pro tempore. At another session, on Friday the 15th March, 1816, a motion was made and seconded, that the resignation of Woelper should further lie over. At a session, Tuesday, 23d April 1816, Paragraph 2nd, "A motion was made and seconded, that the resignation of Mr. Woelper should still lie over." 16th May, 1816, I find paragraph 2nd, Mr. Frederick Hoeckley was elected president pro tempore, and at the same session, before the meeting broke up, paragraph 5th, "Frederick Hoeckley was elected president of the corporation by a majority of votes."

Q. Dr. Schaeffer, at the meeting of 28th December, 1815, when the question was taken upon Mr. Witman's motion, about the choice of the inspectors, was it not merely carried by the casting vote of the president?

A. I cannot remember.

Q. Turn to the minutes of the 6th October, 1815.

A. There is none of the 6th; there is one of the 11th.