-Downer in bed with her, and she had every reason to believe that the child was his; and that it was nothing but a plan and a plot of old Halsey, Dr. Downer, and James Lanman, to charge it falsely upon Mr. Rogers, to ruin and drive him off, and to clear George. They have once overpersuaded and hired me, said she, to take a false oath against him, and I never should have done it had it not been for them, but I shall never say it again; and for that reason she appeared very anxious to get out of the state, and that it should not be known where she was. By Mr. Goddard.-Have you seen Maria since you came to town? Ans. Last evening, Esq. Collins and I went to Frink's Tavern, where she stays to see her, and to hear what she would say; it was dark when we went in, and Maria was talking with Col. Halsey, and appeared to be very angry, and reproached him for having led her into that scrape, and said she should never have said and done what she did, if it had not been for him; at this time some one came in and brought a light, which interrupted the conversation.

Seth Collins, Esq. sworn. He testified that he went with Mr. Haughton the last evening and heard and knew that to be true which he had testified, respecting what Maria said to Col. Halsey; that he heard her tell Col. Halsey only last evening, if it had not been for the coaxing and flattering of him and Dr. Downer, she never should have been in that unhappy scrape, and blamed them very much for their conduct.

Witnesses on the part of the State called again.

Maria A. Smith, testified that it was true that she said to Col. Halsey last night what Esq. Collins and Mr. Haughton had testified; that the testimony of Mary Ann Willoughby and her father, of Capt. Townsend, Mr Haughton, Esq. Cook, and all my witnesses was true, but evaded the force of it by some apology of which she and every body else ought to be ashamed!

Elias Brewster testified that he lived in the neighborhood of Sam and Maria; that he did not consider him entitled to the first credit; he did not know but he might

be entitled to as much credit as such black boys in gencral; that he did not personally know any thing against the character of Maria and did not know but it was as good as people's in general as to truth. From her own testimony before the court, viz. that she had told so many different stories, and had contradicted herself so often on the subject, that she herself did not think her testimony would be received-one would think that any further testimony to prove her want of truth would be unnecessary.

John C. Baker testified, that I boarded at his father's in 1819; that I discovered an anxiety to see Asenath, and said if I could see her, I did not doubt but she would tell the truth and expose the plot which had been formed against me.

Mr. Lanman said, may it please the court-I deem it my duty to call on Col. Halsey, who is associated with me in this case, as a witness.

The court directed him to be sworn.

Jeremiah Halsey, Esq. testified, that on the 11th day of October, 1818, he went to Elisha Geer's and I came there. [This is false, the 11th day of October, 1818, was Sunday, and I preached in Hebron, and had not been in Griswold for more than a week; The 11th day of October, 1817, was Saturday, and I was in Hebron, and on that day agreed with Mr. Bial Bliss to keep my horse, the next day was Sunday, and I preached in Hebron, and had not been in Griswold for more than a week.] He testified that then and there I denied that I had ever courted Asenath C. Smith; that he ever influenced Maria or her sister in any part of this case, any further than to promote public justice. [He had offered to settle it privately if I would give him $400, but it must not be known.] He testified that Maria had always told the same story, that she had then sworn to; some one motioned to him to sit down, for the court and almost all present had heard her confess how many different stories she had told, and how she had contradicted herself on the subject.

Mr. Lanman then moved to prove what Asenath had sworn at the binding over, on the ground that it went to corroborate the testimony of Maria. To this Mr. God.

dard objected, and informed the court that Asenath was then in town, and could testify for herself. The court decided that it was not admissible to prove what she had said when she was there, and could speak for herself.

Dr. Downing was called again, and testified that from the putrified state of the fœtus he could give no partic⚫ular description of it.

Dr. Mercer, sworn. [Mr. Lanman had given to Maria a paper folded up with something in it; and he beckoned her to give it to him before the court and jury without saying a word; and he opened and gave it to the Doctor, saying, Do you believe that to be ergot? This certainly was one of the greatest acts of injustice and abuse that ever was practiced upon any man, in any country; there was no pretence of evidence, and it was not true that I ever saw that stuff before, or that I ever had it in my possession: or that I ever saw, or had in my possession any thing like it; might he not as well (to prejudice the jury) have brought into court a case of surgical instruments, or an apothecary's shop, and had them examined? I do complain of abuse and injustice, and I appeal to the whole world, if I have not reason to complain? Where is there a man or woman on earth who would not complain of abuse and injustice, if they were treated in this manner?] and how unjust it was for the court to permit it! The Doctor testified that he thought the paper contained a mixture of ergot and cantharides. By Lanman.-If violence is used to produce an abortion, how long would it be before it took place? Ans. Sometimes immediately, or within a few hours, seldom longer than forty-eight hours.

Dr. S. Perkins, sworn; he testified that the paper contained ergot and cantharides, and agreed with Dr. Mercer. Lanman had artfully got this, to palm a trick upon the jury, gave it to Maria, requested her to give it to him before the jury, had it examined before them and sworn to, in order to give them a false impression that it had been in my possession-any man who would do such a thing, or any judge who would permit it, ought to be made a public example of rascality and contempt ! And then the testimony on both sides was closed; and

I have represented it not fully but fairly against me, and for me, as it related to this case, and as it was then delivered in court, on trial, (if it can be called a trial) on the information, according to my best recollection, and according to my journal written at that time. No one crime charged in the information was true, nor proved, nor even attempted to be proved by any witness whatever. I appeal to every juryman, I appeal to every person in the world to say, if from the evidence then delivered in court, any one crime charged in the information against me, was proved by any witness whatever; turn to the information, and then examine the testimony; who testified there in the trial before the court, to the truth of any crime charged upon me?

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COUNSEL.

Col. Halsey, in a very awkward, clumsy manner, got and opened the argument, by endeavouring to apologize for Maria and the negro, and to make it appear that they ought to be believed; and although it did not prove the facts charged in the information; yet it proved something; and then taking it for granted that the charges were true, he undertook without logick, rhetorick, or elegance, to describe the enormity of the crime charged; when he himself had been accused of more adultery, of more seduction, and of more fornication and debauchery than any man who ever lived in Preston; and I appeal to every person, man or woman in that town, for the truth of what I say.

Mr. Cleavland then arose, and in a smooth, easy address, attempted to shew that no crime charged in the information had been proved by any witness then adduced in court, and recapitulated the testimony, and said that there was no evidence before the court that I ever had been informed, or did know that the said Asenath was, or had been like to have a child by any person, until long after the supposed child was born: That the Doctor himself, who delivered her, who seemed in favor of the prosecution, had testified, and it was in evidence before the court, that he saw no marks of violence upon the child, (if it was one,) or upon the mother, and that it might have been produced by sickness, by acci

dent or by infirmity; and he took it upon himself to say, that there was no evidence before the court that it was not produced in that way. He then showed the improbability of the truth of Maria's testimony. Would any mother, would any decent family, would Mr. Perry Clark and his family, have suffered any man to be shut up alone, night and day in a chamber, with fastened. doors, and none of the family admitted into the room with this young woman, from Tuesday till Saturday, and no one say a word against it? Would a mother have heard the dreadful shriek which Maria had described, gone to the chamber, found it fastened, obtained admittance, seeing her daughter lying on a bed, and Mr. Rogers standing and holding a sheet over her face, saying she had got the hysterics, and he would take care of her, then go down and leave them, all that night, all the next day, and all the next night? the story is a lie in itself! no mother on earth would suffer such a thing, no family would permit it; and after all, the mother and Maria herself, and all the family did, to Mr. Baker and Mr. Fry, in one instance, and to Esq. Cook and Mr. Rose, in another instance, solemnly declare that they knew no impropriety of conduct in Mr. Rogers; that he had never been there courting, but only as a clergyman and a friend; that they never had any expectation that he would marry the young woman; and after all, Maria has volunteered her service, and come from Massachusetts, for she was not obliged to come, to testify these disgraceful things against her sister, and in the very act of doing it, has sworn that she herself has told so many different stories, and has contradicted herself so often on the subject, that she herself did not think her testimony would be received: astonishing impudence! unspeakable depravity! and are our courts of law to be insulted in this way? will the jury place any confidence in a witness of this cast? [O Dii immortales! ubinam gentium sumus! quam Rempublican habemus!] i. e. O, Immortal Gods! what nation are we? what republic have we? No man aught to be condemned or acquit. ted on the testimony of such a witness and take away her testimony, what is there against my client? The