The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-28
Superior Court,

Acknowledgment business the day. without any
ference to any important measure.
| Superior Court.
July 27-This Court was opened formally to-day. when
business being transacted, the Court was adjourned
| over sine die.
| In Chambers.
| Before Chief Justices Jones and Oakley.
| CASE OF THE MEXICAN CoMMoDosx TINE "GAupA.
E"-wiliaan Bostoich.vs Jose NJ Espirs.-The de.
cision in this has postponed to Thursday next
This s an application to reduce the bail Of the defendant
ing ON board the "0andaloups" now lying in the dock
for repairs, the clothes Of the complainant and re-
usng e pay him hi: The case ha; Sssn fully
| to reduce the bail
Ed0ard Ford w. E..eran Begevick This also was
arrested charge of assault and battery, brought
against Lieutenant of the Mexican steamer Montszuma
ing to work his passage. subject to the restrictions and
regulations on board the steamer when, having trans
m TO ns Ten hun
| orders on board.
Mr. NASH appeared for the complainant and conendsd
that inasmuch a. he had come % Q passenger and not
being duly enlisted the complainant could not be held
| liable a. a seaman on bosrd.
Mr. WHITING replied and contended that the complain
ant once having entered into the steamer the UNDER
standing that he was to work his passage he to be
had enlisted in the service during the time the vessel
voyage from port port and therefore, that the local
had no civil Jurisdiction in such case which
Their Honors will give their decision in both
Thursday.
The EXAMINATION OF Rxv. JOY H. FAIRcHILD,
FOR THE SEDUCTION OF MISS RHoDA DAvIBsoN.-
EXETER, July Is, l844.-The Ecclesiastical Coun-
Gil was convened yesterday. at the First Congress
sonal Church in this town, for the purpose of exa
mining into the alleged charges of immortality
against Mr. Fairchd, and to dissolve his pastoral
relations with the Church.
At 10 o'clock on Wednesday one OF the letters
m Iscivo w hn0 bpp annf 10 I
| the Pastor Of the First Church Of Exeter, signed
| by the committee of the church, was read by Rev.
Jonathan French, Of North Hampton, who called
the Council to order.
The object Of the meeting was to dissolve Mr..
FPS pastoral relations, and to examine certain do
| cuments and evidence which might be presented
by q committee OF the Suffolk South Association,
duplicating his moral character, and to act and de-
eide thereon.
The Ministers of fifteen other different Churches
invited were present, and two or three delegates,
| besides large number of the congregation COM
posing Mr.. Fairchild's church.
Rev. Mr.. Dana of Newburyp0rt, was elected the
moderator and Rev. Mr.. Demmick Of Newbnry-
port. and Rev. Mr.. Clark of Portsmouth, chosen
Scribes.
| The Council on motion of Mr.. Fairchild, permit
ted RevMr. Phelps of Groton, to assist him in this
! examination
The committee composing the Suffolk South AS
Edward Beecher, D. d and Rev: N. Adams. Mr..
Fuirchid was present at the opening Of the Coun-
Gil, attended by his wife, and he wished that his
letter requesting a dismission be acted upon. He
wish, thakthe alleged immortality took place before
his connexion with the church here, at another
place, and he didn't wish to have this church In
| volved in the least in the difficulty.
| motion was made that the papers and docu-
ments of the Suffolk South Association be recelv-
ed. Before this was done, however, pretty gene
raj and animated discussion arose upon the propri-
ETY. Of having the investigation carried on with
closed doors. Several members advocated this
course, on the ground that the facts expected to
come out were exceedingly. gross and improper,
public mind, and one member of the Council, the
Rev. Mr. Burgess, opposed II for the same reason,
and for the additional that the facts might, If
publicly made known in the penny papers, and
cy, and exceedingly. corrupting to the commune
i ty. After some discussion the proposition to
| 1T with closed doors, which il was evident was
in direct opposition to the feelings Of the Council
generally, the motion to sit with closed doors
| was almost unanimously negatved. In the course
| of the above discussion mention was frequently
made about the various rumors which were in cir
cuaton about this such as the report than a. an
Fairchild, and that the Governor OF New Hamp-
shire, although he had been required to give up Mr..
Fairchild, had refused to comply with the requsi-
ton.
1t was said that the District Attorney of Mass.
had been seen about legal action, said to be
under investigation, and he had, by request, con.
sented to defer proceeding till this Council had
finished their business rather than Mr.. FaiTchild
should appear in the light Of convict before the
Council. The whole forenoon was devoted in ar
ranging preliminary matters and receiving the
statement of the Committee Of the Suffolk South
Association. The associated stated that they did
did not propose to introduce any documentary
evidence, but to examine witnesses whom
they had summoned here for that purpose,
that they might be cross examined by the
other side. The charge against Mr. Fairchild
was that he seduced Miss Rhoda Davidson, in the
summer OF lS4O, while she was domestic in his
family, and that from that time till 1912, he had
been in criminal intercourse with her. and that she
had been delivered Of an Legitimate child, Of
which he was the father, as she afirms. Some
discussionsarosc as to the legality Of administering
member OF the bar, in court, who said that oaths
so administered were no offence against law,
though they were not binding.
lnshe afternoon, at two o'clock the flrst witness,
hhoda davidson, was called-sne Is quite hand
some and very intelligent girl, now 70 years of
age.
She was on the stand from two O'Clock till half
past seven, when the council adjourned. She took
the stand again at half-past seven A. and finish
ed her testimony at twenty minutes before one
o'clock. Her examination was Of the severest
character, both in chief and in the cross examina-
,ion but still there was not the least equivocation
IN anything she caid, and bat little contradiction.
To-day her sister, Mrs. Eastry, and the Rev. Mr..
Shaler Of Brookne, have been examined, and the
celebrated letter acknowledged, while ] am wr-
ing, by Mr.. Falrchid TO be his, was sent to the
council by the Rev. Mr. Rddell, and this closes
the evidence from the committee. / have taken
'ery full notes OF the testimony. The church has
been quite full all day, and the utmost excitement
prevails here.
| A motion was made that the reporter be request
ed to abstain from publishing his report till the
council have finished. You will not receive my
report tlli somstims Tomorrow, Friday .--Boton