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him out to a magistrate, but the crowd pressed around and took him from us; I caught on the seat before I fell to the floor. I received another blow from I do not know whom.

Cross examined.

Q. Did you give no other provocation P

A. I know of no other.

Q. Was the conduct of these people orderly
A. No sir, not in the least.

Q. Are you in the habit of attending places where people are suspected to misbehave ?

A. Yes sir, frequently, not at an election at a church, I never

CHARLES KILEG, called. Q. Is this the man?

Kileg. I do not know if this was the man, there were two constables.

Mills. I do not know if this is he-I was called by alderman Geyer, Wagner was on the railing, I did not know him, but I thought by their pulling him, and his climbing over, he was the man that caused the disturbance, I therefore pulled him back; there was, a considerable row took place at the time; the stove was knocked down, I do not know that any person was hurt.

Q. What did Geyer say when he called you up ?

A. He called me to come there; Vanderslice was at the other end of the school house, I will not be positive, but he was not there any how, for I was there myself.

Q. Were you there when Lex was struck?

A. No sir, I believe not, I did not see it.

Q. Did you see Geyer have hold of Wagner?
A. Yes sir.

Q. Did you see Andrew Busch ?

A. Yes sir.

૫. Did you see him do any thing? A. No sir, I do not recollect.

Adjourned.

WEDNESDAY, 17TH JULY, 9 o'CLOCK, A. M.

FRANCIS VARRIN, sworn as interpreter.(Translates) Yes, we pray you for the sake of Jesus Christ, our Saviour, to comply with our prayers, and be more over convinced, that we, dear fathersand fellow citizens, in all such measures which shall contribute to the perfection of our German worship, with all our powers, our bodies and lives will support you."

Q. Are not the words denoting "body and life," commonly used on solemn occasions to imply an earnestness and force, without a criminal intention. (The prosecution objected to an answer being given to the question, upon the ground, that it was for the jury to decide whether the words bore a criminal import.)

A. It is quite a common expression, innocent, they are not used

in a criminal sense, never in a malignant sense, this idiom is not to be confounded with the other German idiom, to be for a thing by death inclined; there is a great difference between these words. Q. Could you refer to any German author in which these words are used in that sense?

A. Yes; it is an expression of the attachment, inclination for a thing; the words "body and life" are used in some prayers; Faubel would prove it.

Q. Have you read that

A. Yes.

paper over?

Q. If you had seen that paper; it had been put in your hand, ⚫ without your having any knowledge of the dispute, and you, as a literary man were to give the meaning, to translate it as not applicable to any dispute here, to transfuse the spirit of these words in the English language, upon the oath you have taken, how would you translate them?

A. The same that I said before, it shows their attachment and love to a thing; these words are used by the most sincere friends to each other in parting; the bride and bridegroom use these expressions towards each other.

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Q. Would you understand them as conveying a threat?

A. By no means, it is an innocent expression, in prayers it is used.

Q. Have you any dictionary compiled after the manner of Johnson ?

A. I have not one that would be large enough; I have only abridgements that do not give sentences; there ought to be such as would teach a foreigner the German language, not such as would teach a German a foreign language. These words are used in hymns, in all kinds of familiar speech and never in a bad sense.

Cross examined.

Q. Were you called upon to translate here generally an expression, or were you informed what particular phrase you were to translate?

A. By no means, I was not told what particular expression I was to translate.

is

Q. But you were spoken to about these particular words ?

A. Oh yes, many men spoke to me about it.

Q. Did Mannhardt speak to you about it?

A. No, not at all.

Q. How long have you been acquainted with Mannhardt ?
A. About three years, and I have reason to give him thanks, he
my benefactor, and a noble fellow and a man of great piety.
Q. Have you a German library?

A. I have a small selection of books; I have no money to buy

many.

Q. Are you a man who has read a great deal?
A. Yes sir.

Q. If a man should say to another, "I will take your horse from you," and the other should say, "you shall not, I will defend him, mit Leib und Leben;" what does he mean?

A. He means that the horse is dear to him, infinitely-" as dear as my eyes, as dear as my life. I cannot let you have it." If he say," auf Tod und Leben," then he might mean, he would defend it with violence. i

Re-examined

Q. If in a remonstrance addressed to an incorporated body, these words be used, "we will support you mit Leib und Leben," would you understand it in a lawful or unlawful sense? A. Lawful, certainly.

Q. What observation did you make upon the dictionary Mr. Ingersoll has? (Mr. J. Ingersoll had read during the witness's testimony, the definition of these words in a dictionary of French and German.)

A. The language cannot be learned from such dictionary.

Q. In that dictionary, are these words used, as they would be bya German?

A. No, they are used in the sense of a Frenchman.

ATTORNEY GENERAL. Do not all dictionaries give the correspondent idioms of the languages into which they are translated ? A. Yes.

Q. Is it not the practice of all authors, if, when they translate from German into French, they give the French idioms, do they not on the other hand when they translate into German from the French, give the same idiom ?

A. Yes, but they keep the French idea.

Q. Here is a German publishing a dictionary, and he gives to the German and French, will he not give the French expression correspondent with the German idiom ?

A. Yes sir, but he gives the French idiom.

Q. What sort of dictionary do you put in the hands of your scholars?

A. Muhlenberg's dictionary which is adapted to teach the German language.

Q. Does the word mit make any difference from by?

A. It is much more innocent than "by," it is quite innocent, "mit."

DOCT. HELMUTH, sworn.-The literal translation should be "with body and life." There are two sorts of expression; the one is, by adding the preposition, "bey Leib und Leben;" the other "mit Leib und Leben" as it is here; "bey Leib und Leben" refers to the person who is spoken to, and implies a sort of threat, but a threat that a mother to her children will give, who will say, "do not do that by body nor life;" sometimes the word body is used alone; sometimes both the words; the threat refers to the children, "you will suffer for it if you do it." Mit Leib und Leben is an expression that refers to him that makes it, to the person speaking, if there is a threat in it, it falls upon him that speaks.

Q. Are these words in the German idiom, used in a lawful or unlawful sense?

A. I take it in a lawful sense, and to explain myself, as I stand here before God, some of the Germans look upon themselves as a persecuted church, an ecclesia pressa; they are afraid if the English language be introduced, the German language would very soon be extinguished; to prevent this, they will defend it with body and life, they rather will loose their bodies and lives, they look upon it in a religious light.

Q. Is this a common phrase used in your hymns and prayers? A. Here and there it is to be found. For example from the hymn book, page 454, hymn 530, verse 9th, "let it cost body or life, goods, blood, all what you have; let not that make you uneasy, Jesus will give it back to thee again, when that great day appears; he is thy confidence and trust.

INGERSOLL. Read what precedes where you began.

"When the tongue can speak no more, when the eyes can see no more, and your hearing will cease too, and when the heart is broken, keep true to your duty, Jesus is your confidence."

Q. Is there any prayer in which it is used?

A. I cannot remember just now.

Q. Is it not frequently introduced into your conversations to imply resolution?

A. Generally, but it has always reference to the person that makes use of the expression.

Cross examined.

Q. Have you not translated the catechism for the purpose of instructing the youth of the congregation in it?

A. Inever had a hand in that. I instructed them in it about ten or eleven years ago. I cannot tell who is the translator of it; I believe Mr. Endres made a transiation of it. 7

Q. Have you or any other minister of that congregation administered an oath to any of the congregation, that they shall support the German language in preference to any other ?

A. No sir, never.

Q. In what language was the service performed at the laying of the corner stone of the church?

A. There was German and English preaching at the foundation of Zion church; I was not here when the St. Michael's church was founded. It is as much as I can remember, I believe it was Doct. Peters who preached; it was not when the stone was laid, but at the consecration; I was not there when the stone was laid.

Q. Were you at Lancaster when the German church was consecrated?

A. No sir.

Q. Were you present at the consecration of the Roman ?

A. Yes sir; I do not remember whether the sermon was preached in English.

Q. Is not that the catechism in which you instructed the youth

of the congregation? (Shewing him Martin Luther's shorter English catechism.)

A. I do not know whether it was this edition; it is the same in substance.

Q. Have you not frequently heard English preaching in Zion church?

A. No sir, not frequently, I do not know that I ever heard it, exceptance, before this dispute arose about English preaching, Mr. Muhlenberg, (now in Reading,) preached an English sermon there -I do not remember any English preaching since.

Q. Is that a correct extract, to the best of your knowledge, from Luther's works? (Vide appendix.)

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A. It may be a true extract, but I am not sure of it, I never examined.

Q. Do you remember advising some of the members favorable to the English preaching, not to meet, in consequence of the large number in opposition to it, that were to meet; or in consequence of letters you had received on the subject?

A. It may be possible, I do not recollect.

Q. Have you received letters on the subject?
A. It may be, but I do not remember it.

Q. What at a former period of time, twenty or thirty years ago, were the usual number of confirmations in that church? (The defendant's counsel objected to an answer being given, and the court overruled the question.)

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Q. Do you know whether a part of the church property has been sold to Mr. Lexley at any time ?

An objection was made to this question also, but the court thought, that as it had been said, that they could not part with any of the church property, it would be proper in the prosecution to shew that they had done so, and that the friends of English preaching asked them to do no more than they had before done. The court thought it would not be proper to say any thing that would affect Lexley's title, but that there could be no objection to the general question if they had sold property.

The defendant's counsel desired the judge to note the point.

A. I know nothing about it, I do not remember any thing of it, DOCT. COLIN, called. (The witness translated the same paragraph which had been translated by Varin.) "We will support you with our bodies and lives," literally; but in English it is with our life; there is no occasion of mentioning bodies, because if we mention bodies, our lives would go of course.

Q. Do the words imply any thing unlawful in themselves? A. No, not at all; I shall tell my idea; it is the very same as the strong animated expressions which we often find in political bodies, in parliament or in our congress; it signifies this, that we will defend our good cause with our life if it be necessary. opinion is, that it never could relate to the present affray that happened. It is an expression very general among all people, religious and political; it signifies that they would if necessary sup

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