The New York herald., 1845-01-28

and therefore perfectly voluntary. twas, confess
very grateful to me, proof that his friendly fee-
ings were entirely restored
Among the evidences of conduct towards me,
on the part of Mr.. and Mrs. Beare, inconsistent
with the idea of their having had their feelings
wounded by me, prominence is given IN the cyl
dence, to an invitation to dine with them, and Its
being urged Notwithstanding an invitation Tor me
to dine, on the same day, with an highly valued
friend, in whose family had repeatedly been
kindly received, a Hospitality entertained, and GER
tainy happy guest. The fact OF my having had
this latter invitation seemed, by their testimony,
to have been strangely forgotten by Mr. and Mrs;
Beare The readers OF the evidence, however, Will
have no doubt that it was given, and was known
by them to have been SO.
Additional evidence on this subject might have
been brought before the court. ylelded, how.
ever to the suggestion that the testimony OF any OF
my own family might be considered objectionable.
Appealing now to those whose heads and hearts
will not suffer them to admit the objection, hesl-
tate not to give the affidavit OF my son. II is as
follows:-
"Hsnry NJ onderdouk. Of The city Of New York, being
fifth day Of August the year Of Lord thousand
eight hundred and forty the Rev Henry M Beare,
into deponents bookstore, No 25 John street. in said
city, at which time the following circumstances and con-
The said Henry M Beare after being in the said store
few minutes, asked deponon he were Bishop Onder-
tive and toa that deponent was Bishop onderdonks SON.
the said Henry M Beare extended his hand IN friendly
% ANA asl
and selected some books nqung at the same time how
61;ns, Hsarv reply saynS ssn
success certain deponens father had numerous
circle OF friends and hereupon promised to give depo-
nent the benefit of whatever business he the said Beare
might have in the book line.
The said Henry NJ Beare then entered into general
conversation with deponen in the course Of which he
made the difficulties he had to contend with
his parish consequence of the lack Of education and
refinement among his parishioners and of its being
tnued Of annoy to him. by leaving him with
society congenislto his taste He also referred
the pleasure derived from occasional visits of acquain
tances from the city, and spoke Of deponents fathers
visit to his parish at the time of his ordination He also
stated that deponen father had dnsd with him at that
tme that he had with difficulty persuaded him (de
ponents fathe to do account Of previous invita-
on given and accepted to dine elsewhere and referred to
that dinner with evident satisfaction and pleasure The
said Henry NJ Beare remained in deponents from
onehal to three quarters Of hour, purchased
books, among which written by deponent's
ather and upon leaving shook hands and rendered the
hosptaes OF his home Long Island to deponent and
desired to be remembered to deponents ,atber.
Deponent further saith. that nlsabout three four
again came into deponens store nquiring IS be
fore in the same friendly manner after deponent father
a sa o s ns snS
municated bis father before he heard knew of
difficulty or difference between him and the said Henry
Beare and that it made voluntarily, and without
49, ~ feH HENRY NJ. oNDERD oNK
Sworn before me, the ID day Of January, ls45
JAMES. P. Howard, Commissioner Of Deeds
From the above it appears that Mr.. Beare not
only knew OF my previous invitation. but was also
gratifed at my having, Notwithstanding, accepted
his The bearing Of ali this on the credibility Of
his testimony against me, IS confidently lett to the
intelligent and christian-minded readers of that
l testimony.
The next specifications against me, in the retro
1 grade order OF time, are those numbered and
vi in the presentment. The circumstances are al
legged to have occurred in the same family and on
! the same day, more than three years and half
ago. Here, too, the parties claiming TO have been
| aggrieyed, acted towards me, at subsequent Pc
riods, as II appeared by the evidence, in manner
| which, the counsel for the prosecution being udge
was totally inconsistent with the idea Of their hav
ing suffered indignity from me- Of the credit due
to the evidence brought in support Of their aega-
tons, the Church will be able to Judge by its peru
sal. Regarding that evidence, however, have
general remark to make which will be appreciated
by every reader who brings to the subject proper
estimate OF the principles and requirements of
witness OF the awful character and obligation OF
| an oath, should, as with correctly thinking per-
sons, 1t always does, detract from his credibily
The specifications now considered were founded
on the afiidavlts OF two sisters. The younger,
Jane Rudderow, gives one of some length and mi
| nuteness. The elder, Helen, gives one occupying
| but few lines, in which she swears that every
word Of her sisters oath is true. James oath, how
| ever, contained many details Of which HeleR does
not pretend to have been an eye witness. That
she should have sworn unqualifedy to the truth of
matters of which she had no personal knowledge,
manfests a careessness on the subject which GER
tainly detracts from the credibilty Of her testmo-
Inc JuXta position Oh the TWO anudVlt5 on
the same sheet of paper, Is among the reasons for
receiving the two as the joint act OF the sisters,
view of the which will not be denied to be a
true one.
The moral influence, therefore, of this careless
swearing must be regarded as extending to the
question of the credlbillty OF both. But this is not
all A more mourHful consideration still, IS the
fact that the instrument containing these affidavts
isAin the handwriting OF minister of the gospel,
the Rev. James O. Richmond. of whatever de-
feet of moral principle or moral sensibility this
method OF swearing shows TO exist in them, the
responsibility is certainly largely shared by him.
ought further to state that until my visit to Phi
ladelphia in October last, never received by word
or otherwise the least ntimation Of offence having
been given to the complaining parties in this case.
now come to a period OF more than four years,
within which the presenters were not able to esta-
bsh any thing to my disadvantage. More than
seven and half years ago, the circumstances are
alleged to have occurred which are detailed in Ar
lices and ii OF the presentment. OF the second
article, bringing against me the charge-the only
one of the kind-of having been intoxicated that
length of time ago, and drawing down upon me
conviction Of being, on that account, guilty Of i'm
morality and subIecting me to punishment for the
same, have before spoken. | crave an unbiased
and Just Judgment OF the evidence. Itis, however,
perhaps, no more than an act OF justice to myself
to add, illustrative ut the opportunity there was
for noxication and the probability OF its existence,
that | had, on that day. in the morning, instituted
the Rector OF the parish, and preached on the oc-
cason that after dinner had preached, admins
tered confirmation, and addressed the persons con-
anu tndt dlttI Ulls StfNlCt, as suOh ds
rangements could be made, with little delay
owing to rain, we set out on our journey; the In
terval having been spent with one OF the most
respectable fanatics In Ithaca.
OF the subject matter of the first article, l ask
an unbiased consideration OF the evidence, and
of what have further to add in relation to it..
This case also presents painful instance OF In
seRsiblity, the part Of minister of the gospel,
to the awiuness and sacredness Of an oath. The
Rev. Clement M. Butler swears TO statement,
drawn up with great minuteness, OF circumstances
said to have occurred more than seven years before
the affidavit was made out; of the greater number
and most important of which he had no personal 7
cognzanee; and with regard 10 which, although it
was constantly within his power, he had not re- )
freshed his memory during that whole period.
What was the consequence He swore to an un-
ruth-afterwards acknowledged by himself to be
such. He swore that his wife told him what she