The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-05
Spiritual Rappsng su,t In Cleveland.

> ne suit Of DR.. UD6erhill, If this city, agaios
Gen Jarvis, q Massillou, was commenced yesterday
Judge SpSulding, Payne q Tiden, AZ. JrLeys fol
plaintiff, aud Hon D. X. Carter, Mason g. Estep fol
defendant.
The case opened with contest betwe cen counsel
icr tne inside track or rather who should have the
opening ana closing speeches. Plaintiff obtained the
choice OF track by decision Of c,urt
Ire SUIT was irsitn'ed for libel During the win
ter Of 1851 considerat lie excitement prevailed in Ma
siion, growing out OF the sri, rappngs then preva
lent III that section.
1t seems that TIE believers in the nsw spiritual
theory sent for one Able Warner, a noted medium
than residing in this city, to down to Massoo
and get up the knocklpgs. Astounding maliesta-
fions OF SPIRITS were MADE through her, and prose.
lytes 7, the ne " faith rapidly multiplied.
After tarrJlng many days among tue brethren aud
dong wonderful works, tue spirits moved the me.
dun to attend the Episcopaian festival held at St
Iimotby's church. during Christmas week Abbey
las present at said nesting, as were DR.. Underhll
and many other spiritualists
Shortly after the services began the knockings
also began and were kept up to the great annoyance
OF the coDgTe cation during the service.
The btXt Issue OF the MassillOa Ncirs contained
an article signed by Gen. Jarvis aud Others, which
reflected strongly on DR.. Underhiil, charging him
with png to get up the knockings for he purpose
Ct disturbing the meeting and setting forth that the
sounos were produced by physical agency. The Dr..
was repre- ented as bad mau, deserving the scorn
and contempt OF every good citizen.
Snar'ing under these accusations the Doctor
sought al opportunity to Justify his character before
D jury ard accordingly whea Geu. Jarvis attended
The Stse Fair. held in this city, summons was
served upcn him.
The testimony was chiefly dispositions, but too
long tor our columns.
Several depositicns were read from RESPECTABLE
citizens, that the noises could not have been ade
by Abby Warner, as alleged, but were involuntary
0s her part, and produced without the Concurrence
OF her VII II was proven that while the sounds
were making, her feet were on the kneeling board
her hands her Ian. that she cat acfI ct,ll
moving neither hand nor foot.
The plaintiff offered the testimony of a committee
OF i've persons, who had investigated the cause
OF the rappings, and came to the conclusion that
similar sounds were producad without physical
agency
The deferce objected to the testimony as inadmis.
sable and improper. Carter made one Of his mimi
table spec ches on the motion for its rejection He
claimed that under the present constitution aud
legal practice, that the testia ony of disc nbodied
unstonacheJ witesses was not a1missa be til at the
case must be kept within the rules prescribed tor
gcverDme.t OF sinners aud saints IN this snolunary
platet He held that il the kooCkings were prodac-
60 10y the ghosts 81 the departed they were the best
testimony and ttat the plaintiff mnst sui De Ia The
INFO court in order that the offence might enjoy
tb' ir iDalenabe ~ h, of cross examination.
SDauloi"g claimed that the testimony CT the com.
mittee would how that sounds we're rnade exactly
ike those produced In the church. without the aid OF
NOS tai agency; tbat Dr. U. nor Mia Abby was not
responsible for The noise aid confusion in the Fps
Coz al congregation.
Toe testimony Of the committee was rejected.
The defence introduced testimony to prove tlat
DR.. U. tld several persons during the afternoon
that there would be rappDgs and fun at the church
that evening. that the spirits would rap the corrup
ton out Of some Of the churches il. Mas-illon. One
witt ess sw0re that he the DR.. wink several times
at Abby while The sounds were being male.
NOihing more OF inteJes. was elected. The test
mcDy closed last night, aud the W II be argued
to day and submitted to the jury this afternoon.
Al last accounts the jury were still celebrating
upon verdict, with very little prospect Of speedy
SgIeenent.