Newspaper of The New York Herald, March 29, 1845, Page 1

Newspaper of The New York Herald dated March 29, 1845 Page 1
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THE NEW YORK HERALD. v?,??NEW YORK. SATURDAY MORNING, MARCH 29, 1845. Trial of Rev. Joy H. Fairchild, On the Charge of Adultery with Miu Rhode Davidion. [From the Boiton Time*.] Second Dat?Maecm 25. The Court came in at 9 o'clock A. M. There wasetilithe large attendance of the people and the name unabated intereat in the trial. Mr. Fairchild and lady were in attendance early, and his calm and placid demeanor attracted the general atten tion ol ihe audience. Cross examination?Rhoda Davidson recalled? My idea ul trie first letter is that it covered a p ige of the letter sheet and a little more; I received the se cond letter about the middle of July; I dont recol lect about the post mark or the date; I told mv fa ther something about the bargain,but not the whole; I dont recollect definitely; I dont know that I had any reason for not telling the whole; dont recol lect whether I told lather that Mr. F agreed 10 pay anything, but think I did; the bargain with Mr. F andimyee f and meter was, that he was to oay me #100 per year in October, and my sister #10; my sister said she did ntcare so muck about the mo ney, as she did on account af her sister; 1 dont re co.ieci that my sister refused the money; after we got home my aiater said she had received from Mr. * #o; I gave her #10 more; dont know how much I carried home; think I carried over 20.30 S40 cant say whether it was more than #50; paidson.e mottey away before I went home. Q?To whom did you pay anyl Mr. Pabkbb?I pray your Honor'ajudgment. -1 think it would be competent to trace the money. WiTNisa?I cant state to whom 1 paid money articles00 owin* uy body; I bought asverai <?>?Whom did you buy of 1 Mr Parkbe?I pray your Honor's judgment. Judge Wasiiin, for delsndant-lt is evident 1 ? conspiracy, and we wish to show curacy ? money. Ifou may teat her ac <? ~T^ha! *r.t.icl"did J?" Pccbase and pay fori time without spending a grsat deal ol Warren-You need not bs afraid of wasting time, Ithoda. ^ A-l bought a gown, shawl, bonnet, and some smaller articles? allfnot amounting to #50. Bollks?State the contents ol the third letter.? [ Wmiesa related some of its points.] WiTNKba? I read thia letter last summer; not since; 1 told my sister the secret; when I re ceived this third letter, I communicated its contents to my sister, who was in Billerica; when I received it, I was in Edgecomb, Me.; I destroyed the two letters after I read them I kept the third tor my safety. There waa a change in my feetinga about this betwaen July and Octo ber. As to the other #60,1 told father that I masi have lost some of it, alibeugh I kept it under lock and key I could not account for it exactly. There w,ib actually between #40 and #50. The last let ter requested me to re?u the contents to my father. Mrs R-ty told me in Boston to go directly to Mr. * and It he didn't do something about it, to expose him. Can't tell exactly how it was, but ahe told me to tell him so Mrs Esty didn't like to go with me on the Common, bat said she would do so I witness related the interview at Mr. Fairchild's a! L UJ?e ?f ] 1 dined thatday (Sunday) at Mrs. Ourney s. 1 am more doubtful about sta ting this at Exeter than I am ol the fact. I don't know about the back door, but the front parlor door was open. Don't recoUect of saying to any one that I waa dimattsfied with Mm. F. or left the family because I could not see my braux If I did say so, it must have been a falsehood. Don't recollect how many times I went to Mr F. Never laid up any thing against Mrs. F. Think I called there more man once before the interview in the study. That waa the laat case at that particular penod. Don t recollect what medicine I took at Dr. Chap.n'a, but it wan pills Whan I left Dr Chnptn s, it waa Elixir Pro and Steel Dust Tlifs waa prescribed by Dr C atmyrequeat. I under stood it was good medicine for my complaint-my disease having been suppression of the men.*, wb.cll depended to Dr. iT's wtfc. I did not raTl had been troubled so for three or four ~??,u SUMd to Mm O. .hu?f sa this complaint since I had been at Abineion R lore .hat 1 felt well I don'tkooVffifl .tnSd positively at Exeter that I did not apply to Mr. C about medicine. Don't recollect abiit having saVd at Exeter, that Mrs. C. remarked that if I waa a marned woman ahe should laugh at me. I asked Dr. C. tor an emetic. I visited Boston before go ing to Ab.ngton?four or five days. Istayed chiefly at Mrs. Hon s. Can t say that I have taken the tincture of steel for medicine. [Witness stated before the GrandI Jury that she was impregnated between the 19th ol December, 1841, and 1st of January, 1842, and a short time afterwards, at Abiugtsn, she states about her liaviag been troubled with the suppression ol the menses, and takes steel dust and elixir pro for her oomplaiat] I went to Abington in January. I told my mother that it was in December, according to Dr. Chopin's notes on aim book. Did not learn about these minutes till last summer. My child was born about the time I expected it. Think Thanksgiving that year! 1841, was latter part of November. I passed thanks giving at Mrs Hott's, where I dressed up in men's clothes; about the time Mrs. Esty said she should think something serious of my situation if 1 was was a married woman; I left the impression with her that there had been only one connection be and Mr. F. I spoke ol showing my pin cushion to Ann Kenney ; don't recollect of doing so to others. " Bollss ? Wnat color was yonr child's hairl Qjesi,?u objected to; Mr Parker said he would offer the child in evidence, if it waa necessary. Bulles ? Did you not say at Exeter, that Mr Faircuilu a hatr was light, when young, and that he colored it black every morning 1 [Objection made, ami question raised ] Ans.-l stated at Exeter that Mr. Fairchild's eyes were blue, and that he might have colored hta hair black every morning. Witness-I wish you, about the money, to un derstand that the arrangement on the Common was. not to have the mouey sent to my father. Wasben -D.d you not tell Misa Traak that you Used living in Boaton, because you could walk wnh as many beaux as you pleated on the Com Ass ?I never told any one ao. "Witnimb continued?Before the birth of my child, I t- Id my lather something about the bar sum; I did not state at Exeter that 1 told him all; I thmk. 1 did, now. [ rn- maia ..nd cross examination, so far, occu pied 74 hours ] W1 uies*. tti request of Mr. Parker, related the story about her putting on men's clothes; Mr. Hoyt said he would give me a ninepence to do it; I did so, and Mr. H. said 1 was a very good looking man; he went out. and I said to his wile, I hope he is not about to call in the journeymen; 1 then went up stairs to undress, fearing some one might come is; 1 locked the door; before taking off my pants, 1 looked under the bed and saw something white: I examined lurthar, and saw Mr. Hoyt's leg; said 1 "hers you are,and if you don'tgo down I'll scream;" he laughed, got up and went out; about the pin cushion, tne H stood for one of the names of the fa< her 01 the child, which I intended to give to the child; lintended tocall him William Hamlet; the W.H. whom I know, has no refsrence to the lather ol the child; 1 did'ut say what name I intended to gi*e to the child ll it was a girl. Crou-rx*mination ritumtd ?1 looked under the bed ihinkiug 10 had Mr Hoyt, as he went oat of the kuctien. [ There was quite a discussion be tween counsel as to whether Ahoda should remain in Court while Mrs. Esty and other witnesses tes tified. The Court allowed her to remain where she chose ] Mrs. Mut Errr called?I know Rhode, she is my sister. She lived at Edgecnmb, Me. She came to Boston in May 1840 ? I lived then at South Boston not a great way from Mr. F's; I lived at South Boston nt the first period when Ahoda lived a< Mr. F'a; I came to Boston in 1941, and lived with Mrs Hooper in West Centre sirret;I learn about Ahoda's trouble alter I return ed irmn New York, in April 1942 She afterwards requested me to meet Mr Faitchild with her. I gave her the advice on the day that I met Mr. F. on the Common: I met him nt the bottom ol Park street mall. Had aeen him before; he came up, snook hands, and aaid he waa sorry to meet me on such nn occassion. He said he sappoaed my sister had told me about the affair?and that tt was the truth. He had connection with her he said, in Dec 1941. That the Devil must have had influence over him. He thought it hardly possible thai she could with child,that he waa a minister and poor man, but he would do alt he could for her T told him I considered them both to blame. He ?aid it his crime was exposed, he should be turned out ot the ministry. He hoped God had forgiven him hi* sin, and said he would give Ahoda 8100 il she would go directly home, and alao give me #S a year while hs lived. Ahoda aaksd what she ahould say, il it was known she had so much money. He ?aid you can say your sister gave it to you. Fair child then put the money in my hands During this time I walked from Park street mall, by the Pond and Beacon street mall. We went towards B*lknap street; Hhoda and I parted at Mr. Waterston's. I saw Mr. F. in October, with my father. Father came to see me in Billerica, where I lived. We came to Boston. My father stopped near the Old Bridge, and 1 went to Mr. F's house. Mrs. F. came to the door, and I said I wanted to see Mr. F. alone. He came down to the parlor, and inquired for Rhoda We went up into the study, and he said Rhoda had imposed upon hiin, and he was not the father of the child Said I, Mr. F. you said to me that you had connection with Rhoda ; you are the father of the child, and what are you ?oing to do about it; I said my father had come to loston to see about it, He denied being the father, and I told him fattier would bring Rhoda to Boston, and have the child sworn upon him. He said he would aee my father the next day, at 11. I said my father wanted to see him right away. He said he would meet him,ia halt an hour, and then gave me $5 They then met on the bridge. I don't know the conversation that took place be tween my father and him. He said be supposed I did not waat to hear.the conversation;! said no, and he told me I might go somewhere, and see my father afterwards. I told him I should tell the matter to no one, and he need not fear. I went to see my sister then in Suffolk street. I agreed to meet Mr. F. afterwards, between 1 and 2 o'clock in the afternoon, on the Common. 1 met him, bat do not bear the conversation in mind. We walked down Tremoat mall and met my father.? Mr. F. spoke to my father, and gave him some money. I have seen Mr Fairchild at Exeter. He cross-examined me at the trial My sister gave me $10 out of the $100 I don't know how long she remained in Boston after this affair. Caoss Ex ?Rhoda gave me that $10 in Mr. Waterston's nursery that night; I have told this story nnder oath before; never testified that I re ceived the 910 the next morning; I read a news paper report this morning in the Grand Jury room before my father, sister, and Mr. Thomas Dunham of South Boston; 1 read it myself; Mr. Dunham read the newspaper trial and my father too; Rhoda went to see Mr. F. the day that I advised her; Rhoda said she had one intercourse with Mr. F.; witness said Rhoda told some of the particulars, that is was in the study, that Mr. F put his arms about her, See. After the birth of ner child my lather told me Rhoda had had intercourse with Mr F. more than once as he expected. I have stated that my father told me Rhoda said Mr. F was the father of the child. If there is any written statement of this under my signature, it is false?I have never signed any pai>er about this matter.? Think very likely I told my father that Rhoda had imposed upon me. The time that I went to my cousin's in Suffolk street, was the only time that _ went there. A cousin of mine lived in George street; cant recollect what I stated at Exeter about the money Mr F gave; I thiakl have been asked to sign a written statement; I always bad in my minu what Mr. F. said on the Common. So far as I stated,! his words, I think, arc nearly exact, or the substance of them; cant state the particulars. When I gave Rhoda the advice, 1 mentioned Mr. Fairchild's name first. From what Rhoda told me, I expected it was a minis ter. Rhoda said it was some one in high stand ing, and this made me think it was a minuter; my lather told me Mr F paid him money and I saw him besides; I made Mr F. a promise to keep the secret; I didn't think I was taking a solemn oath; I dont know that Mr. F. told me about the ar rangement. . Father said, Mr F. was to give him $50 ayear till thechildwas seven years old. Father u id not tell how much cash Mr. F. gave him; dont recollect any agreement that was made on the Common, only that he said he would do all he could for Rhoda I have stated the language ef Mr. F. generally, as I state it now; have never been at loss about it. Mr. Warkkn here called far the statement pur porting to have been signed bv Mrs Eaty. [Paper shown to Mrs. E , she said, "I did sign this paper. I did'nt recollect this before." Paper was dated July, 1844 ] Judge Wakmn then stated to the Court that ke had au entirely different statement irom this. He asked witness about it, who said she did'nt recol lect now signing any more than one paper. Alvian Simonds called.?I have in my possession a paper signed by Mrs. Esty. (This was dated June 11, 1344.) Mrs. Esty called.?1 signed this paper too; fcaye no doubt of it; I cant swear about having signed asy others; two persons were present when the first paper was drawn; I meant to tell both stories alike; had no object in signing them but a right oae; I signed them both between three months and three days; I boarded at Mrs. Hooper's in West Cen tre St., several weeks ; I also lived with her in Sea street; there were two young gentlemen there that boarded; Mr. Thoe. Dunham was not there; he was not a stranger to me when I saw him this morning in the Grand Jury room. William Davidson called.?(Father of Rhoda, and rather a plain citizen)?I live in Edgcomb; was formerly a blacksmith and farmer; have been lish uig for three or tour seasons back; my wife has a daughter named Rhoda Davidson; 1 suppose it is mine (laughter); she came to Boston to live in 1840, 1 went to fishing in the summer season of 1841, in the Spring of'41, Rhoda was at Mr. Fairchila's; 1 saw her there about the last of March or the first ot April; I went South afterwards, aad returned in April, oi May 1842; I called on my return at Mr. F'a to hear oi her, not having any certain news where she was; he said he saw her a few evenings since; that she was unwell; that he advised her to go home, aad presumed she had gone home. I then went home; can't fix the date, but it was about the middle of May; I saw my daughter and she s nd shs was unwell; I stayed home 3 or 4 days; I next wentfishing on a four months cruise; returned in September; daughter was at home; my wife told me sooaMd&t she was pregnant; saw her next after noon in her room; she appeared with child; she was confined about a week or fortnight after this; after the child was born, I came to Bos'on, about the last ot September; 1 talked with Mr. F. about the 10.h, having called at Billirica to see my eldest daughter, Mrs. Esty, whom I took to Boston. The next day Mrs. E. went to see Mr F at my request; lie met me on South Boston bridge, at 10 o'clock, A. M. I and MrB. E. met him alone; Mr. F. came up to me and said?" Good morning, Sir " I didn't return the word; I then said a very dis agreeable subject has brought me to see you; he said?"yes, no doubt it was disagreeable to me as it was to him." He then said, you have me in your power, what are you going to do with mfel I replied, thatl did'nt know what I should do; 1 wanted to do* what was right; 1 did not wish to afflict the afflicted, I said; Mr. F. turned to my daughter and aaked if ahe could'nt go to some place, where she would not be suspected, while he conversed with her father, and they would meet on the common; Mrs. E. said yes, and retired ? We then walked over the bridge, and in a naw street, conversing; Mr. F. then said if this oomes out, it will be the means of ruining me, also de priving me of the means to support the child. My property, said he, ia mostly in the house where I live, aad it 1 am deprived of the ministry, I shall lose my living. I then spoke about tbe agreement between my daughter and him, and aaid it should be kept secret if the agreement should be made. I told him I was willing oa account ot his wife and children. Mr. F. said he was'willing to make an arrangement on reasonable terms, although ha don't tluuk it possible that he could be the lather of the child. I then looked at him as 1 do now, (witness looked at Mr. F.) and said yon have owned to Mrs. E. and she is willing to testify it. He then made a short pause, and said, no matter, your daughter has laid it to me, and I must do all I can to make satisfaction. He then spoke about my keeping the secret, and keeping it away even from my wile. I promised I would. He then asaed me nboui the terms. I told him he must then give me $100, and then $60 a year till the child was T years of age. He then cast op the amount aad said it was a hard sum for him to pay. I told him I was not willing to take anything less, and tnke the re soonaibility and keep it secretlor a lens sum than that. There was some more conversation and fia ally he said, the people ot South Boston wanted him to settle there again, spoke of his prospects, and at length agreed upon the arrangement. I spoke about his sending me the money and good money. I Ke said it should be the money on the Merchant's Bank. I agreed to receive it in a letter oa that bank. Mr. F. then wished me to be always as good as my word, and keep the secret. He then said, he hoped God had foraiven all that had been done, and hoped I would forgive him. He hoped I would consider the money paid that day, and to come as fajl compensation for all injury done to me, and mine 1 then told him I could not receive it so, lor I considered the character of my child as un done?hut I would receive it towards supporting j ttie child. Nothing more passed of importance.? He then agreed to meet me on the common at 2, ?nd to pav me the money. He met me, and gave me two $6? bills on the Merchants' Bank. I did not count it, bnt took it, and afterwards found it correct. 1 then pledged my word and honor to keep it aecret, he having spoke ot it. Have not | seen him since till yesterday. This was Friday.? j I went to Billenca Saturday, and started for home on Tuesday, Park**.?Have you aeen that paper before.? (Letter of Mr. Fairchild shown to him.) Ans ?This is the letter my daughter read to me about a fortnight after I got home. I took it out of the Post office at Edgecomb, on Sunday. I re ceived $50irom Mr. F. in a letter?there was no writing on it. It was only directed to me on the outaide. I paid 18| cents postage. I thought the writing reh**s$bled that of the other letter. Thia was about 20'fc of the October, 1843. It was to be paid to me about the middle ot October. Cross ex.?Rhoda told me that she saw Mr. F. on the Common, and think she said ahe received $90 from him, and that that sum was to be sent, and also that she was nevyr to suffer for want of it, it that was the case. I don't recollect that Rhoda told me that there had been more than one intercourse. I felt delicate about asking her.? When I first went home, Rhoda never told me that Mr. F. was the faiher of the child. I don't know how much;R. brought home. I chalked up with R. to see how much she had went. She bought several things, and I made up $85 out of the $90. She said she must have lost the $6. I arrived in Boston a fortnight since?have lived all around. Stayed with my daughter, and also with Mr. Josiah Dunham. My wife went to South Boston too, with the child. Have talked with Mr. Dun ham about it. Saw Mr. Thomas Dunham also at South Boston, and here in the jury room to day and yesterday. Have seen a paper in there, but did not read it Mr. Dunhugi had it. Thomas Dunham boards at his father's. My wife did not coine with me. I object to stating how I came here. That is my business. My wife got to Mr. Dunham's, at South Boston, between the evening and 9 o'clock. I have had some money givea rr presented to me. I have not been in Edgecomb for four weeks. Don't known who brought my wife to Boston; saw Thomas Dunham at his fa ther's when I got there the first night. In Oct. 1842, when 1 received money from Mr. F , T don't know as I received any money from any body else here; I earned home I can't say how much; can't tell how much I carried home, but think it wnn rising $50; 1 never paid Mr James Philbrook $175 then, but paid him rive years before for a farm, having paid it in two years; 1 paid a man in Wis casset.Mr. Young, over $40 after I got home; I don't like to tell how I got here; when I left E. I was going to the Went Indies; did not hear before I left home about Mr. Fairchild's surrendering himself up; I heard of it though in Wiscasset, but 1 was under contract; I put into Cape Ann on ac count of a storm, and then came here; I was a steward on board; I walkedfrom Cape Ann; I re ceived only a part of my advance; I objected to an swering because I run away from the vessel; I considered it my duty, indispensable duty, to come here; have seen Mr. Josiah Dunham very fre quently. Court at 2 o'clock adjourned to half past 8 o'clock, P.M. In the afternoon, at half past 3 o'clock, the trial proceeded. The Government rested their case with the conclusion ot Mr. Edgecemb's evidence in the forenoon session. John A. Bollks, Esq., then opened for the de fence. Some fifteen or twenty persons were then sworn. On motion of Mr. Parker, and at the suggestion of the defendant's counsel, the trial - was here closed, and at 6 o'clock, for the day, the Court ad journed. ****** The tftrd day of the trial (on Wednesday) was occupied in examining witnesses for the defence. Nearly a dozen were called on the stand. Their evidence appears to be any thing but favorable to the character of Rhoda. The Boston Post of Wednesday says.? If possible, the desire to hear this extraordinary trial in creasaa. The crowd yesterday greatly exceeded the two previous days Among the spectators were Got. Fairfield, of Mains, the Hon. Hairison Gray Otis, and any quantity ol clergymen. Rhoda Davidson's fair-haired and pretty little foundling was brought into Court In the morning, but as she made a little of that tort of music which more properly belongs to the nursery than the coutt room, ahe was removed in the coarse of the forenoon. The golden locks on her temples were tasteiully done up in bows of blue ribbon. Trial or " Big Thunder," th? AnthRenUr, at Uudtan. Court or Oyer and Terminer, Aftrsoon Bastion. Hudson, Wednesday, 7 o'clock, P. M., March 28, 184k Josiah W Faisfaild sworn?I luned the distress "fsr ranta under which these difficulties originated: I paid Out nothing but a ahiilingfor the affidavit in theee warraata: my impreaaion ia I paid lor two and the othera ware charged by Mr. Peck to two of tkcm ware taken be lore Mr. Collier I think: I charged the cuatomary price of $1 80 (orlwarranta : I paid the sheriff no feea on them. Crtti-'xamintd?I heard oi the arreat the evening after he returned, from my clerk; I had no converaation with tha aherilt about it. THoa. Saoatwica aworn?I waa deputy-sheriff at the time Rennella waa arretted. Attorney General?State what the military force waa aent out there for. Mr. Jordan?I object to thia. Tub Court?The only object I tea in that line oi evi dence ia to rebut that on the other aide aa to the aheriff: I do not aee it ia eaaential to the trial* of thia indictment. Di*t. Attorney?We propose, sir, to show that aa of ficer was sent out tirst, that a bailiff was sent out to arrest hunnells, and was attacked and overpowered, and in con st quence a military force was sent out into whoso charge he was committed and lodged in goal, and that evidence was at least aa relevant aa what had (been introduced on the other aide. Court?Oo into what took place at that time : if we don't take care we'll get into |the whole anti-rent war Witness?RenneU'a waa in the handa of the military at the head of the street, who took charge of him after I arrested him. and kept him until delivered in jail; I was the officer who delivered him. The Attorney General here arose, and stated in re gard to examining thia and other witnesses, that they would rely on the court, and abstain from further evi dence at present aa to the identity. The Court thought from its unwillingness to depart irom ea abliahed rules, that it waa better to regara the case as closed as it regards cumulative evidence, aa il was not regular to re-introduce auoh after the case waa closed for the prosecution Crots-rxcmsnrd.?I waa the officer who arretted Ren nells, and gave him up to the military; I do not know that he wa? marched rouod ; he waa brought directly to th a piaoo; 1 delivered Hutchins ever to the military also, and I did not consider I had any control; they claim aa a right to do as they please-1 did net resist it; they did not compel me to give him up; ke wax marched down solely I believe at the command of the military under Captain Krack; 1 don't know that he knew where the jail waa; I did not tell him; I was with the priaouer when we passed the jail, and 1 said nothing; 1 saw Sheriff Miller near hia office; he saw ua pasa by, and I think aaiil nothing about it; it waa Dot very cold, but anowed; he had no iron* on then; I believe there waa twenty men; Captatn Krack aent for the music; it metua at the head of the street; he waa marched to the foot of Warren street, and by the order* oi the Sheriff thay turned back; the Sheriff got on to tha edge of tha sleigh at his office, ond came down with us; Kiack went back when the Sheriff told him; there were a great many out to see him: I do not aee why Capt. Kraack would not have obeyed the Sheriff ono time aa well as another; Rennella came to tha head ot the street in a sleigh, with me and two member* of the Bnrgeaa corps: his handcuffs were not taken off at the end ot the street: he waa not handcuffed there: I ahauld think that the mi litary would not hare obeyed me or any body: I must unless i felt a little gratified myself at it: 1 had a good deal of trouble, and wanted something to enliven me up a little. Ml Lbonard Fbrcland, sworn?Was at Smokey Hollow on the 18tb: saw a man called Big Thunder, and heard him apeak: saw a man called Dr Boughton: that man was the prisons!: I heard him apeak: I had loimed an opinion it was one and tke tame person. CV???' maminti ?I formed my opinion from thia : thr person, called Big Thunder from hia aiie, hia head, anil speech, 1 thought waa the aama : there waa nothing po | cuiiar in hia apaech, bat in the manner of delivery, 1 thought it waa like: by the manner?1 mean hi* voioe and gesture*: hia voiae waa loud, and rather harsh - he spoke louder than people generally do when they addresa assemblies: I think there were from two to thrae thou sand people there: I s'ood in front, out on the road, thirty five or forty loot from tbo piano: he raised his hand up and down: moat speakers do. but some have a great daal more gesture than atbeti: every speaker baa hia peculiarity;! was formerly Sheriff oi thixcountv: I havo for twenty year* been apeaking occasionally: 1 make gestures with both handa when I get engaged: my voice ta pretty lond. pretty harsh: I did net mistake my own for Big Thunder's. The prosecution rested their testimony here, and aa the dafenoe did not desire to go into their* that night, the Court adjourned until hall put eight o'clock on Tnurt day. Thursday Morning, 81 o'clock; At the assembling of the Court thia morning, the out rested with the dofenoe, whose opening addresa waa spoken by Mr. Jordan, who Mid?Wo are now to open the do fenee of thia great man, Dr. B , who had obtained auch immortal notoriety that people whe knew nothing of him more than through reports and newspapers, thought he must be a> little mora or a little laaa than human?rather more devil than man; bnt who, when regarded properly, proved an agreeable man?a men of education?oi a re spectable profession, in which. before hia entering into these anti-rent operations, he had been successful Con nacted with a respectable family, biassed with a wife and children, be felt aa deeply interested for their welfare aa any other man It waa w*U known that in society a vary general disposition had long prevailed a* to the Insuffi ciency of thoM land titles?that thay oontaiaed condi tions unsuitable for frae and independent oitisana, >t only fir. ariatoeratlcal countries where there were distinct clessee and unjust and partial legislation. Whether thus* titles are right or not, In their belief, Is net now to be disoussod; so long u thay existed, men had no right to res lit the law. His clients did not oontend for it or any sues, and he (Mr. J.) would be frightened at any at tempt to induce a Court and Jury to forsake the officers of law?for were they not sustained in their iegitimsi* sphere of duty, property and life would be at the mercy of a mob. Such doctrines Dr B und the anti-renters did not sanction?did not contend lor, and they must take care and not confound men like him, who from the ne cessity of society were obliged to associate with the bad and reckless, with such characters These gentlemen were ooncemed in one common movement, for what? to resist the Sheriff I no?To resist the law? no?but to enquire-and if necessary, to petition the legislature tor redress of their grievances, and land clauses, some of which were* he would say, oppressive ? On these lands the tenants are not bound to stay and till the ground--no, they can remove, and pursue success where tliey please, it is true?but if they sell their laud they must deliver a quaiter of the value to the landlord Several other conditions of these tenures hemight mention but they would not then go into it; he w*s not there to assail the invalidity of those titles, nor was bo going to say that men were to break contructa: but if these were found to be repugnant to the apirit ot our conatitutiou and laws, they were, he contended, null and void, and no man was bound to obey them. These remarks wera made to snow the intention of hiselients in the anti-rent agitation. By the common luw a man ianot at libei ty to dispute the claim of a laudlord for rent: although he could showitwai defective and rotten and thia if one thing hia olien a wan ted abolished?they wanted those leases ahelished?they wanted their reservations oi mill streams, which were ob stacles to actual progress and civilization, abolished?they wunted the doors of the law throw open?they sought to be secured in their lands from the power of their land lords, while they a'certained who had an equitable title to it. They desired a fair opportunity to investigate this, not in hostility to moral right, but in conformity with the common law. It waa not necessary to discuss the consti tutional right ot the legislature to inter fere, but he (Mr. J ) was one who believed in it; and by virtue ef that au thority his clients sought that those vexatious tenures should be converted into free tenures, on paying a full equivalent in cash- The principle* oi Br. B. were simply thus, and therein he waa right?why should not the legis lature have as geod a right to change their tenures as ap Eropriate lands for railroads? No conquest was ever eard of in the last five centuries in which the govern ment stripped persons of the property unless its tenure were repugnant to their institutions. In our revolution the first aotef the legislature was to abolish the unjust law ol entail, by which land went from the father to the eldest son from generation to generation, to eternity; in this case the legislature cut off the vested rights ofthe eldest son,and that only because it was not compatible with that liberty, and that free institutions they contended for. He present ed Dr. B as a man whom he would avow waa an anti renter ofthe State of New York?one of that class who sought a constitutional and legal right to redress and no other Bot it turn* out, as much to the regret of Dr. B as aav other?that there ure in every society, unfortunately, individuals prone to indulge their passions and seek ultra measures?indiscreet and mischievous if Ihey pleased.? Men at these meetingwouid dress in these fantastic dressr ?, which made them look like the very devil,and cut capers with guns andtemahawks ; but a man might as well say that one was not to get married because a reckless set would make noises and cut capers- If they found that Dr. B. has been engaged in one of these wicked froliea, and had endeavorei te resist the administration of justice, er attempted to injure the Sheriff or any other officer in the legitimate performance of the lawful duties, he would give him up at once ; but if, on the other hand, ha is simply an anti-renter?of that large and respectable claas, the far mers of the country who think there tenures are wrong, and seeking naught but l>-gal redress by peaceable means, through the courts of justice and the legislature?then he stands there as respectable a man as any in th t communi ty. If men were to be trampled down by a monied aris tocracy, he wished to be in his grave before that took place. If the landlords of this State were a class insensi ble to the principles of justice, it was competent for these farmers to seek to bring through the legislature these principles to bear on them; and those labored in that cause were as worthy of applause as that hand who ?uw? uu Duuften mil ine nrsi diow for civil liber ty. He wanted them, however, to discriminate be tween the real anti-rentera, and the indiacreet and im ptudent, and then they would go to trial cheerfully Dr B., being a man of atanding, education and respectability, waa choaen aa their agent, to procure legal counael, to get up petition!, and otherwiae forward their enda. In performance of this, Dr. B. went to New York and Albany, and came to thia county, notaa the Diatrict Attorney said in hia Jeremiad hare, to dlaturb a community which waa quiet aa a mountain lake, but to deliver tome addreaaea, being invited to do ao; and uot one who heard thoae ad dieatea ever heard a treasonable or fectioua sentiment from him. Thua far they had a perfect right, and it would be the knell ol civil liberty if they were denied them. At one of theae there were their Little Thunder. Big Thun der, and faucilal nemea; there waa no law then againtt man putting on dreaaea and masks, and making himaelf a* much like The devil aa ha could. Whether Dr. B. did so, is not the question?but whether he resisted the sheriff This we deny ; but aver that on finding at Copake that, in direct violation of hia advicea, an outbreak waa likely, bo went away, end gave such procedure hie condemna tion It would then be ahown that when Dr. B. waa in vited, it was not to aednce theae people for it would be shown that in October, before the election, a meeting waa h?ld, at which several gifted individuals spoke and where a fl-ig was flying, with the motto, " Down with the Rent!" And yet it would be said that thia person was the grand t? mpter, who sowed disaffection ana discord in this peace able community .while it waawell known that anti renti?m was preached loud and long before. The mission of Dr. B waa lawful and peaoeable ; he desired to delay the execution of theae warrants, and it would be shown that such was hia purpose in hia interview with Bnah, the deputy sheriff, who knew that well, too. There have been apirits called from the vasty deep, bnt Bnsh i* the only one that is come. It would be shown beyond all p> radventure, that he was not the Big Thuuder, who was threa or lour inches taller, and that at theae places where he is alleged to be performing aa Big Thunder, Dr B. was dressed as a citizen and conversing with his friends Mr. Miller swears he could not see his face, his hair, his whiskers, but he swears? God knows I can't tell bow?that because he saw nothing of him, he ia sure it waa he. He wished he could have the faith of Sheriff Miller ; if ne took to be a Christian he would he a most profound one. Then as to 8herift*Freeland, a man who bad cultivated oratory twenty years ; and then comes Mr. Turner, a scientific shoemaker, who could tell a shoe or a boot better than a common man ) and Colonel Root, too, who, because he heard the word "conveniently," swears, along with ail the rest, that Big Thunder waa Dr B. whose name hannted them, and whom they would have ?eeu at the time in a white blanket thrown over a hem lock (tump. Dr. B. went to deliver his lecture according to appointment, and a large crowd collected to hear bim, some from cariosity, others from the amiable feeling of sustaining their Sheriff*, who entered the room where Dr. B. was, slapped him on the shoulder, and said he arrested him by virtue of a civil process?which was no lie, oh no ! the Sheriff ol Columbia would not lie ! he firmly be lieved it, by virtue of that strong faith of his. Ho (Mr. J.) believed, that if Sheriff Miller's head waa examined, the bump of fsith would be found upon it as large as a ben's egg. No such authority existed, and if his heed had been broken it would have been hia desert. Mr Jordan here entered into a minute detail oltha capture ef the prisoner, making use ot the some sharp strictures upon the con duct of the Sheriff and others, snd further proceeded: In regard to the crime ot robbery, it waa a question for the Court and for the Jury: admitting hia client was ther* and was Big Thunder at Copake, he oontended it wa* not robbery more than burglary: robbery waa ? species of Inreeny, the only difference being that it was done by force, and putting tha person in great fear for his person and property, ir a man threatened to accuse another with rioua crlm a uerious crime, and deter him, by threats of conviction, for the purpose of getting his property, it would be rob bery by common law, but not by statute Regardless of | the definition of the District Attorney, the property taken must be taken in view of grievous Dodity fear or serions injury to bis property by a strong hand and a multitude ot people. Now, if the papers were taken by force from the Sheriff, that would be robbery: or if they were taken under a threat of bodily violence or the destruction of his property, that would be robbery?but, in no minor cases of threat oould an instance be tound of its constituting robbery. The property taken from the Sheriff was not such as was essential to constitute it robbery. It waa a matter of infinite importance to determine this, for the puuishment was, by law. for that crime, not leas than ten years, and might be for life: whereas, If it could not be sustained, the charge against his client would be merely resistance to tbe Sheriff, for whioh the penelty might be ?s little a* two yaors. The statute defined the nature of property such aa would constitute robbery, and those pa pers being only of value ia relation to th?se lands, they cdearly were not of such a kind. Mr. Jordan then quoted Irem 8d Chitty's Criminal Law, page 919 on this point wherein it was ahown that it waa not an indictable of It nee to purloin things only valuable In their relation to others, but of no worth in themselves, inch aa heads nates, deeds of estates, commissions to settle boundaries of ] manors, Re.: also, from 9th Johnson, poge 108-a case in which a maawaa auedfor stealing a letterof consequence of the value of $1 J,90: prisoner acknowledged he took away the letter, but aa it possessed no intrinsic value, the Su preme. Court decided it was not a petty larceny, nor any other offence of which the oriminal aeaaions had cogni t luce. Now the Sheriff's papers were only of a relative value. If a boad be not or value, any man ol common sense would say that a distress warrant was not. By the British construction of tho common law, taking of certain papers waa construed a punishable affencs. which would be found recapitulated in the parliamentary act of 1817, as found in appendix to 3 Chitty, sec A The con struction of our statute, as found in id revised statutes, page MM, sec. AA, was that the feloninutly taking a man's personal property against his will, or putting him ia fear of ipjury to hia person, should bo adjudged guilty of rob bery. Personal property is defined to bo goods, chattels, effects, evidences or rights in action Jltc., but it is not rob b-ry to take what ia not personal property, and only of a relative value. Not a word was said of dwtresa warrants, or any legal papers whatever These authorities could not be gainsay en, and if theae were the law, although Dr. B. fi ightaned the Sheriff till hia knees trembled like Bal shax7.?rs, he could rot be convicted Ha did not blame the grand jury, who. not understanding the law, and be ing told by the District Attorney, whose zeal to discbarge h.s duty waa unbounded and marvellous, that it waa rob bery to frighten hia cousin, the Sheriff, and that any law was good enough for Big Thunder j but they (the jury) were there to try Dr. B and look into the law .which p-rhapa the District Attorney did not. That some body did reilst the Sheriff was not denied, bnt that no robbery wasrommittad was unquestionable, and having thus im p rted to them a correct view of the case, he would next proceed to lay the evidence before them. Mr. Joan in After calling Colonel Root, and reading from his former evidence to tke effect, that he heard Dr. Boughton deny his having taken the papers from the Sheriff, asked Col. Root did he recollect it; Col. Root was still unable, as on the previous day, to roooUoot tha cod venation between the prisoner and the Sheriff, but * n certain that aa he iwore to it, when it waa perhap* fr r'lher in hie memory, he believed it, and waa certain at ail eventa, that Or. B. did not conlnss to taking the papers H. C. Miller called?I have identified prisoner from hit b jota, and the looks and appearance of Big Thunder : I Jid not examine his boots to see if they were half soled. Croee examined?1 mean to say that the boots were one of tne means by which I identified him ; 1 have no recol lection of tailing him 1 arrested him by civil process. Waltek OoacHKiTBK sworn?I was at Cop' he when the papers{were burnt: 1 think I noticed the man called Big Thunder there: 1 noticed his boots, which were common thick aeal skin low priced boots -. thi y looked newish to me-like a new boot first worn : the* were thick soled : I was pre-ent when the papers were burned in the ring : the 8heriff was in the ring and so was I ; Big Thunder was there : I saw the brandy brought in : it was ordered by Big Thunder, aaylng the Sheriff was wearied out in the cold: Big Thunder slipped up and said, "Oenta, there i? no poison in this," and he drank? " Success to Sheriff Miller?here's your healththe Sheriff accordingly drank Little Thunder drank : I think the Sheriff did not say anything: Mr. Shaver diank, and I drank I believe the last: the bottle was then ordered out by Big Thunder: I think I noticed the dress he had on?it was, I should say, curtain calico, with a yellowiah stripe: his mask was white or light colored, and soiled and wet considerable round the mouth with sneaking : his cap was white, with a yellow band two or three inches wide, of ribbon or list : I was not in the room when tho dinner table was set: I have conversed with Sheriff Miller, in his office, about the mask : he had a yel low one on, and was showing a light colored one : I now live, and so did I then, at Hillsdale-. I don't live on or own any of this lease land : the Sheriff said the light colored one was the mask worn by Big Thunder ; 1 said I thought it was a plain one, emirely white, no flowers round the nose or eyes?that yellow one he thought waa the one Big ThUDder had on at Copake. Cross-examined.?The sheriff told me that yellow one was the one be had on ; I stood in the ling the whole time till it broke np ; I could see and hear waat the sher iff did; as he was taller and bundled up, I could not aee his iace ; I would not swear that he made any remark ; I was so placed as to hear him had ho done so ; I heard him say that the papers were taken from the sheriff bv an overwhelming force; I thick Big Thunder said they were dismissed, nud told them to open to the right and it-It for the sheriff'to walk out; 1 heard the sheriff ordered into the ring by him ; I do not know who the man waa who acted as Big Thunder: I never saw the prisoner b fore, nor don't know him ; I should think Big Thunder was taller about one and a half inch.andlbroader across the shoulders ; I have seen the prisoner walk out of the court house, that's all; I would not swear they are not the same in height. J sues Young sworn?I was at Copake and saw Big Thunderfwhen the papers were bnrnt; I knew Dr. B. be lore that; he had been about there two or three weeks ; 1 was present at some meetings he addressed ; the man called Big Thunder differed considerable, and was two or three inches taller and broader than Dr. B.; Dr. B. gener ally walks stooped a little ; Big Thunder wa < very active and walked straight up ; 1 saw Big Thunder's eyes thro' the mask ; 1 thought I could see the complexion, and it was sandy ; his voice was a good das 1 louder than Dr. B.'s ; I saw the effigy that waa cut to pieces ; 1 don't re member whether Big Thunder was there then ; 1 waa at Decker's when the papers were dtmardtd of him; I un rlerstood Big Thunder to say, " I demand them papers I remember the aheriif said that he couldnt see the object ol his wanting the papers, as they were I worth nothing to either?that there were copies of them,and he could issue others -, 1 think Little Thunder spoke and said it was customary for them in such cases to tike the pa pers: Big Thnnder then made some sort of motion to Lit tie Thunder, raised his hand, looked around and said something?saying it was not customary for a chief to manifest too much authority?he would leave it to the "natives:" they halloed out "papers, papers:" Big Thun dert hen spoke to the natives to give heed, and said, "all those in favor of taking the papers from the Sheriff will hold up their right hands;" they did so, and they were not more than up when the Sheriff' unbuttoned his coat Rnd handed them over: I think then they were requested to give three cheers in honer of the Sheriff, who had pro nounced himself aa good an anti-rentar aa any one among them, and had complied with their requisitions: then the "pale faces" were requested to give three cheers, and they did so: the Sheriff, after giving up the papers, wished to have it understood that he did it not willingly, but reluc tantly: not at all through fear,that he would not be afraid if every piatol waa pointed at him that was there: but be cause he was met by an overpowering force : I was present there all the time: also at Yosbergh's: I was near enough at both places to hear and see all that took place; I did not aee any pistols pointed at the Sheriff: I waa very anxious to see all that going on: it was new to me, and I took particular notice: I herd no threats of blood or violence that day against the Sheriff or any other one: I have seen him since that here in Hudson, between the time of the Copake and Smokey Hollow affair. Mr. Jordan?What did the Sheriff say to you? Attobniv General?1 object to this. Coubt We are ot opinion that what took place in con versation outside, cannot be admitted in evidence. Mr Jordan? I contend it can sir; we propose to impeach the evidence of the Sheriff by ahowing he gave different i arrations of the same subject. If I am not allowed to ask the witness, I propose to call tho Sheriff. Attorney General? No sir; nor that either: this wit ness is at present on the stand. The Court consulted a short time and agreed to allow Mr. Jordan's mode of examination, to which the Attorney General objected. Witness?I stood by tho window at the time the Sher iff got into the room at Sweet's: the Sheriff stood with his hack towards the window, end Big Thunder on the opposite side: I did not see any pistols pointed at the She riff any where that uay: I don't recolUct of seeing Dr. B there that dsy: there were perhaps 300V present. Cross-examined? 1 was not nor ever was dressed in In dian style as they call it: I don't know that there waa a vcte taken about the papers: I dont think 1 swore so on my direct examination: there was no vote taken from the pale faces to have the papers took: I had no business to do mere: the Sheriff was surrounded by men in disguise at Docker's: he was so surrounded when the papers were de manded: f stood at the back of the Natives: I heard no gnna fired: they were not bellowing and whooping when the Dapers were taken. The Court took a recess for dinner, and ro-atsembled at 3 o'clock. J. Youoo sgain called?Formed no opinion aa to the ?120 cfthat window in Sweet's: I could see Big Thunder's eyes and eye wrinkles, lips and beard: I did not sen the hair of his head, and did not know whether he had whia kers: 1 noticed his complexion as I came Irom Deckers: not that I know ol in the ring: he or I did not speak to each other that day: 1 noticed no change in his mask when he was in the ring: I did net cheer with the Na tives, but cant swear that I did not when the pale bees were called upon. Sheriff Mii.lfb called - I do not recollect any conversa tion between me and the witness. Jsmks Young rs rxumined? In the conversation I had with the Sheriff he said he had nothing against the anti renter*: he did not say thev were his ft lends. Joh* A Bam, sworn.?Dr. Bonghton stopped at my house (on the night before the Copake meeting: took breakfast next morning: 1 could not swear I saw him leave: the next time 1 saw him was in the alternoon,alter they burned the papers: they were (busy with the efllgy when 1 saw him: I cannot tell if there was a ring formed: I saw Boughton before my doors at this time in his natu ral dress: Belding breakfasted also that morning: 1 saw him again before night, the same day: I did not observe that there was a chief, while they were burning the image; I was not doing much that afterroon; I was aboat the bar and roand.and was hostler that day; there was a good num ber all about the square, 1 saw the man called Big Thunder; I had seen Belding and Bonghton a number of times at my bouse; I heard him speak at a meeting at iny house before the papers were taken: I taw Bonghton in citixen's dress when Big Ti un der was there at the tame time; I don't know that I taw Big Thunder the day the Sheriff's papers were taken; 1 think he look ed to be taller than Bonghton; I can't say how much; he Kink ed te me largtrerery way, bnt 1 did not see him well st the time; there wit one wagon load ol men in disguise, who said they oame from the North that morning ; they came from s north direction ; they seemed es if they came some ways; I believe there was a little froth about the horses, aa it was cold : I did not see any of theae men during the day ; I had never seen that team or wagon before; I think there were Ave or aix, and only one of thrm disguised ; I did not know them; Dr. B and Bidding bad no baggage at my honse that 1 know of; I was not home the night tbey cum; 1 believe 1 heard the name of the person called Hig Thunder at the meeting two weeks before the t:o pake meeting: I did not see them engaged in conversa t.on: I dont know if they were known to each other: two or threefold me he waa Big Thunder: they reside north of me; 1 could not say they were the same person: they were nearly of a sixe: t saw neither of these Big Thundarsfwithont his disguise: the man who was pointed out to me, without disguise, a* Big Thunder, waa not Boughton. Abbaoam Astrts recalled.?1 noticed the boots of the man called B.g Thunder, the dav the SherifPa papers were tsken: Utsy were strong kip boots . I thought he was a taller man by two inchea than Dr Bonghton, nnd heavier: he waa rather straighter: his head thrown beck a little, and vary active. Jews T. Laasx'sworn?I was at the Copeke meeting, and waited on the Sheriff at table : there were netr a dt> 7*n there : the Sheriff did not pay for his dinner: I be lieve I told him the natives had said they'd pay for hia dinner : I had been acquainted with Dr B. about two years before that in Reneeelaer county . 1 had sees him a few time* : I raw this men oelled Big Thunder: he was a taller end stouter man : he appeared to be more active : I examined him,end to judge from appearances, I thought it was not Dr Boughton; 1 recollect the Sheriff taking brandy: I called lor it and showed him up stain, and the Sheriff drank it: the Sheriff said he was a good anti-renter after we ceme into the room: he raid they were so com pletely disguised he only knew one pereon: he aaid that man was Snyder. - CroirtTamiruil ?I never saw the prisoner and Big Thunder together at tho rams time : I was not down at Vosburgh's or Decker's ; I am a fanner : I went out of curiosity te Copeke: I got there about U o'clock and came away at half past i ; I said that I thought it was not Dr Bonghton, that Judging from appearances it wa* not Distsict Attosiskt?Do you not believe it wa* Dr. Bonghton ? Mr. Jo*D*n objected to this question, he had told before that it was his judgment from appearance*, and it was not now competent to ask him his belief from other C:itl*es. Che Covbt was of opinion it was not out of place to as -certain his ballet. Mr. Jordan ?Well, the Court Is the only party who can Judge of this belief, H seems, ask what yon like, Attobrkt Osnaaai..?1 knew we alionld have seme squirming. Mr Job nan.?Well, notwithatandlng squirming, to use the elegant language ol the Attorney General, I am hero | to see that tke law Is administered in Dr. Beughton's case 1 fhiriy, tad I The Coubt.?We thought you had withdrawn all ob. jections. Mr. Jordan. Mr. Jokdan.?I renew say olfaction to askiag witneaa about hu belief, unleaa the Court inatruct him that he ie to state no belief that ie formed by what he heard from other people. Cousr ?The Court think that the question is adaaiasi bin : we will note the objection. Witwisi, examined?1 hare known Dr. Houghton for some time the dresa he (Big Thunder) was in might make a difference: it la not my belief that the man in the ring was Dr. Boughton. Mr. Joboan.?Uod be thanked for that. Const.?It ia not necessary to comment, Mr. Jordan. 1 here has been a wide latitude allowed, and you hare no reason to complain. Mr. Jobdak.?I am not going to complain, air; this ia not the place to complain. Coubt?We think you hare no room to complain ia any place ; this trial is to be carried on with propriety, and we shall see that counsel on beth sides attend te it. Witness.?I have attended only one of these meetings : I never beard him in this county : 1 heard him in Brand lord, in Rensselaer county, once Elijah Finele?I was at Copake Plata when the She riff's papers were taken, and when the Bhai iff came out to gojdown to Vosburgbs, the man sailed Big Thunder came out and said the High Sheriff', of the county had professed te be as good an anti-renter as any on the ground ; 1 could not say if the Sheriff was within bearing then; 1 do not re collect to have heard him use such an expression that day; when the procession sec off they took about a South course; Big Thunder being in front; they returned and took the right road to Vosburgh's alter that ?somebody called rut they were on the wrong route to the place oi sale ; I saw the Sheriff in the ring at the burning ot the papers, also, Walter Shaver: I heaid Big Thunder speak ; saw the brandy brought in; the Sheriff drank soma; Big Thunder drink the Sheriff's health, but to my recollection the Sheriff did not drink Big Thunder's; 1 knew B. before that; I heard him speak; 1 think the effigy was torn to pieces, they did not give it a chsnco to burn; I saw the Chief call ed Big Thunder, and another called Little Thunder; I saw Dr. B. that day, soon alter the papers were burnt, aud shook hands with him while they were busy with the im age?be was in citizen's dress; Big Thunder was the big gest man S or 4 inches?he was a heavier man and straigh ten Cross-examined.?I went there with P. D. Miller; I could aot say how many Indians were iu the wagon w ith us; 1 had heard Dr B. speak two or three timet?not disguised ; when I got to Burdock to hoar Dr. B speak, I went into the barroom; when Big Thunder said tna She riff was an enti renter, I was between Sweet's and Bsin's tcvern; I heard him also say that he wanted six men who were not afraid of the smell of gunpowder to (o and wait upon the Sheriff; I think I saw some few move out ot the ranks; I think there was some guns there; there were some disguisee there too; none of either belonged to me; Joseph Finkle is an uncle of mine. (Witness declin ed to answer ? question least it would criminate him.) I not say that the Big Thundar, who burned the pepara and the Big Thunder who said the Sheriffiwa s an anti rent man was the same; 1 could not swear, as 1 did not re mark the dreas particular enough; he was called so by the natives when the etfigy was burning; I was not assisting iu tearing the affigy to pieces; 1 cannot swear that the dresa of the two were or were not the same; 1 do not nv an to swear one way or another about their being the same persona; I was not present whoa the papers were taken; saw no one change their dresses that day. I'eteb A. Williams, sworn?I live at Copako, east part; 1 was at Copake the day the Sheriff's papers ware burned; I had never seen him before nor beard him speak: I was present at the burning oi the papers: it was altar that I saw Dr. Boughton: I saw him at Mr. Bain's: I saw Big Thunder in the ring where the papers were burned: he ard him say the Sheriff was an anti-renter: 1 saw Big Thunder come down stairs while Dr. B. was eating din ner: I was at the loot of the staira after dining: Dr. B. did not come out from dinner before me: I saw the elBgy destroyed: 1 s?w it set Are to: this might have been an hour after I saw Dr. B. at dinner. Crou-examined?I went three different ways to Copako that day: I live six miles from Copske Fists: three miles ea^t of Mr. Raid's: I started from home alone on horso b sck to see: I understood there was property to ba sold: 1 did not hear the Sheriff was to be reaisted: but beard there were to be Indians there: I had no disguise on that day: 1 decline to answer whether 1 ever had ona'on: I was eating in Bain's kitchen: others were eating beside Dr. B. and I: none in disgnise: I saw the drees Big Thun der wore that daj: I did not go up stairs: I had never seen Dr B. before: I enquired and was told: the men who came down stain was dressed the same as the Big Thun dar I had seen before: whether it was the same man or not I'll swear it was the ssme dress: 1 saw the dress dur ing ten or fifteen minutes. Direct fussed?I meant when saying I want three dif feiunt ways to Copake that 1 went part en loot part on horseback, and part in a wagon: 1 know Dr. B ?that is bimbenind you, Mr. Joidan: I mean the Big Thunder imitated the first one in his actions: his was alight coloii ed masx.oi muslin: the ground of his dreas was yel)ow, with a stripe an inch wide up and down. ('has.JVandeusen, sworn?1 live at Copaka about flvo miles northeast oi the Flats: 1 was there that day whan tlin pipwt wcro ukcm n? Ih* man oiled Big Thun der: saw him in company with the Sheriff and very naar him in the ring; I judged then Big Thunder was a little thu tallest man. 1 had seen a man they said was Dr. B. once before, and also on that day: I heard Big Thunder also speak on that day: I thought their voices did not compare: on my way going home 1 saw and also think now it was not Dr B-: he looked to be three or four incites taller: Dr. Boughton, in speaking, brought out his words short and quick ipoken, and Big Thunder I thought drawert them out more. Ornts-txamined?I had no business at that place in par ticular: we got there about tan or eleven o'clock: 1 rode round with Walter Shaver and back with him: I stayed ti- til about (onr o'clock: I might be abont ten yards trom the Sheriff in the ring: he appeared to be| an inch, not more.taller than the sheriff: 1 heard priaoner spesk at Co p lte Flats last tall: 1 heard him speak on the afternoon when the papers were taken: I never had a disguise on that 1 know of: I never saw the same man that 1 know of w iih a disgnise on as well as of. Direct resumed.?I did not see the Sheriff drink brandy that day j I saw him smile when he was in the ring. Chsi stian Rosabacs.?I live in the town of Ancram, ab?ut 6 miles trom Copake Flata ; I am a farmer ; I was at Copake the day the Sheriff's papers were taken; I had seen Boughton twice before that4 I heard him address a meeting at Rockefeller's JI saw a man called Big Thnn der when the papers were burned ; I oali him conaiJerm bio taller?? or 3} inches?larger and more portly: I saw Bi ? Thunder come out and say the Sheriff of the county o! Columbia was as good an anti-rentor as any on the ground ; I saw them come out together?as 1 thought arm in arm; I aaw the Sheriff drink some; I noticed ?iff Thunder's dress?it was calico, with stripe# as broad as my thumb: I think they were white?running up and down ; the mark was a whitish color. CmrnamintA.?I did not sty the (tripe* were clear w hit*-but like the color ot that book?the re*t waa dark er ; 1 recollect it so well that if 1 aaw it to-lay 1 think I should know it; 1 hare been appointed aa collector for an anti rent association ; one time I contributed SO cants tn pay the expense ol Mi. Jordan and Mr. Stoma to Co pake. Mr. JoaoAit ?Mr. Rorahack, just recollect if that SO cents was not to pay the District Attorney for a copy of th^ indict nent. Wit*ass.?I heliove that was it, sir.?(Land laughter ) Ei i Boice, sworn.?1 saw a aaan called Big Thunder at Copaka the day the papers were taken ; I hare soon Dr. Boughton . the former appeared to be a larger man than Dr. Boughton and taller than the Sheriff ; 1 aaw the Sheriff drink something like hrandyiin tho ring ; I aaw both drink ; the Sheriff took no more than a decent born ? (laughter;) I decline anawering whether I here erer b en in disguise, as tending to criminate me. Albert S. Miller, sworn I lire at Copake?was there when the papers were burned; saw the image destroyed ; saw Big and Little Thunder there j 1 taw Dr. Boughton there in the afternoon Id Bain's hall door whan Boughton and Little Thunder ware with the image , 1 aaw the Sheriff drinking something like brandy : I could Dot tell what was said hut saw a motion to.the left with the glata ; the prisoner is Dr. Boughton ; I Judge Big Thunder ia bigger ; should not think he was much diffe rent lrom the Sheriff; hi* dress was yellow calico?with stripes running down; could not tell how broad tho stripes were ; the Sheriff when in the ring looked wall and smiled. Cron-framined ? He drank like any other man ; I sup. posed the Sheriff drank Big Thunder's health ; I hare been talked to with Mr. Stoma the counsel for the pri. soner some time to-day ; 1 never was in disgulaa ; it waa tho same dress I saw on the man called Big Thunder in the morning and in the evening. The evening recess until 7 here occurred. N?w Yo*k LkniRLATtTRK?March *7.?The bill releasing 'he lien ol the State upon the New York and Erie Railway was up again in committee to day. The bill waa committed to a select commit tee of one from each Senate diatnet, to amend and report. The greater portion of the aeaaion of the House was taken up in discussing the bill to prevent betting on elections. The bill proposes to punish all parties to a wager by line ana imprisonment, or either. The majority of the Houee being of opi nion that the punishment of betting by imprison ing the offenders would tend materially, if not al together, to atop the practice iThe bill went through. A section waa added, punishing parties offering to make beta aa guilty of misdemeanor. The provi sions of the bill are very stringent, and I am fearful they will defeat the working of it. The Senate had a short discussion on the bill to incorporate a company to construct a railway from New York to Albany. An amendment confining the track of the road to within two miles of the river waa lost.? With the view ef testing the aenae of the Senate aa to the propoaed application of the Harlem Co to continue their road to Albany. Mr. Faulkner offer ed an amendment requiring this company to start the line ?f their road from the line dividing the counties of Westchester and Putnam. It waa not disposed of when the committee rose. A bill to empower the New York and Erie Railway to extend a branch track from Chester village to New burgh was under debate in the Senate. It gave rise to an acrimonious debate between Senators Deumston and Seovil, as to the position of the for mer gentleman in days gone by in regard to thia New York and Erie Railway. Senators Mitchell end Clark opposed the bill in the Senate to-day, but it will probably pass. The bill from the Aseem bly to ineorporate the Brooklyn City Hespital waa tavorablv reported to-i' v in ii - Senate I.ivwk ,ton$ Albany Lttttr, March 27

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