, 1863-03-04

faid refnea1 uron tho disinel'nation entirely Of tue
which thy gave him, to concur In such
So't orntr a tst s,,rs and ruhmts
,l:af tic s,id bishop Of the said Diocese II pro-
.ctding with your orators faid trial at tine "
q, thc canouE Of the DIOCESE Of Illinoia Your Or
:or Ea'th further that vcrtheless ho took imme-
diatt stcps upon receiving said refusal from the
hs a DssGa ssa Eye1e @ett ssa 'Rsas s @
CONC to this city and testify on said trial
offering to pay al their expenses, coming, return;
the raid appeal and efforts Of your orator. And
,oEr orator States to 5onr Honors tEat unless fae
said Eyetg, md his i esn be- gn@h ,es5y eo
mission fonr orator fears greatly that nc w ~
unable to make asuceesstnl defense and 5eta.atoa
Of the most material Of the SAID
said witncesee, s L. Everett and i,,hls. MS wle,
your orator is informed; n. ana the nuN3catnn nn
of eS eI'e' 8 t. Eyerctt's said letter, in said
IN said Chicago TMnU.E privately Influenced and
, fs fom ana Apa 1e
further charges Tint said l Everett and Vic aTe
md pf the +ald John Wilkinson, and arc thereby
iEduccd TO refuse TO give their said testimony on
eald trial On behalf Of your orator And your ora,
fact to be that the said Green. Roberts, Smith and
Wilkinson hare positively in their power the con.
tio IT sop II ssf @
their testimony on commission from said Bishop,
ard that the said witnesses are now entirely under
the influence Of them or Of their Raid rel1tons
who arc controlled by them. and that they can, Il
compelled By this court SO to do, produce the said
witnesses for examination, orally or otherwise: on
faiH 1rial and that the said witnesses now sefAse
70 to be examined in consequence Of tho upplian-
cee aud influences Of the said Greene, Roberts;
fnith and Wilkinson. or any one OF them, OF Of
ecrnc OF the eaid parties over whom they have
liz: following lisa trle copy of letter recsifed by
your orator counsel from eaid $. = Efcretl. on
the nth Of the past month"; aud Wnlen yont o.u,
The ATT Of raid month"; positively Informing your
orators eaid counsel that he would nerer testify
on the said trial on accounto 0! his 10
eome OF the pnny.
CLEVELAND. Ohio, Feb. IL, 1863
J.r. CLARksos, ESQ: Your favor Of tho 12th
inst. received yesterday. Uunder the circum~
etaCces Of the Gaze, the very close relations exist
s ,s 9ats ct t. at aa 81 s o. n soa az
having bccn expressed in the card have pub
lfsheti IN the TE1EusE, for the purpose of with
drawing my wiGc's na1nc from before the public
ntt ut present decline to be present at the trial
before tic Bishop.
And your orator therefore humbly submits to
your Honor that forasrnuch as there II 40 power
Whale, CT IN tho said Cnnons OF the said Diocese OF
Illinois, or in the eald Bishop. or IN the Courp
vidcd for in Faid Canors to compel the nsfendanco
ol taid =. l. Esfett ano nas w:'e' assa so5astaen
sn th ard Wi1l'nson and it is fully ntheir power
to procure their attendance and examination: that
tl.e sail Green, Kobests smsth and A Misanaoa
npon said fllsc and wicked charges, until they
ehal produce bot1, OF the said witnesses for ez,
animation in ypuT orator behalf upon the tria! o.
eaii prcscnt,n Mt either orally or by commission
| pf the eaid Bekop. And your orator faEthc
| Stats nnto your honor, tlat there IL NJ
alpe FROM he decsion IT,, cnon Of sea 4s eoft UT
| Diocese OF Illinois. anf before which the sac M
Bishop has, as bsfosc mentioncd >. D9tltea 10, o.
orator that ny will be tried on ne 81 instant, Al
lowed By said Canon to yons orator to any otie ~
court Or tribunal, and That rn!esE yoar orator ca
he c1ahled to scfnIe tlic testimony o. thesc VIZ
nrsscs ahore mentioned Ae nay oe aGai,nst ITEM
Of said Diocese, and tue Avs Of Goa ana man n
convicted ol ea:a pIet:lucd cnafes nl w'en IL"
Mnohs innocent, Cnnd au'eu citEeu Il and uistc
Of said church II eau -. D:osEu, fa.t,,- stu ~,
Christian man soar oFhtoI 7 tufahG1 a ,EGi sGi;e
uHIo 5oII nonos 11a ~ n;nc.so ~ ;1s;rn;a an;
Gco1gG G5eene saaq dhomaa a au tit .G ~
join M!lkfhSon lail o. Mnon, tose.te1 "laa LII y !
sad a. moee1s ~ ,ia a bi1of XII f ~
| residing in the county Of Cook, and within tn
jurisdiction of this Court and its process.
t1st Although Your orator has requested them 50
dol said Henry John y Whitehouse, Bishop as afore
said ard said George Greene. Warren Il. Robert
cut fhay iii The ead day Of
stant At joliet in tho county ofill afoecsd proeec
with tho prosecution Of the trial Of yoar o.. orass
lieses mi. states that they will so do unle:s r,
strained therefrom BY the order that they, tho sal
Green. Roberts and Smith. corfedeEatins wit
| SPECIALLY known to your orator. pretending som
times that said pretended charges are true at ot
ers thoy have no influence o. eo.trol over the sa
tes ssndng tEat TIC TIC pr poeeeis @ @
eaEronical. @ propcr M and fisht; whereas yoar Of
for n fnrt sari thaf Tie nT'trn1cd charecs arc q
ti:r]v wicked md noiiclonsiy false that the "a
Greene. Roberts. Smith and Wilkinson are ali
. ifthcy viii. to producc thc said witncss on Il
xomr nIator M apc Inn 1neanonIca npnst aid coRtra
Ia 81, 1;"ht. of ,yi actin" nnl aoincs Of the 50
t Is,.nrr ,fohn Whi,ehnuec. Bishop Of Tic diocese
1tnm Robe1ts .5e anJ Jen WILKINSON and oth
o confsierates are contrary to equity and good co
aeience, and tend to the manifest injury and p.
t And IL t. tener Consideration thereof and for.
q murh AZ your orator is wholly rcInrd!icss III t
l. r,rmises at and BY the strict rules OF the comm
Eaui,y. where mattcrs Of tits nature are propcl
It co.nzalle. to thc end thereof that the sad Her
C. join Wlitchousc. Bishop of the said Diocese
10 Il. Roberts a,lI John " ilkInsou and other cont
III c1atcss Wien ;iiscoycrcd, true and perfect answ
I'd make to nll singular, the tnasters In c,
Of tni,,ed 1but not upon outl. their ausv
I'd III on oath being hereby expressly yaiv.
al aid that as fully as If the SINE were here Is ags
On repeated, mud they thereby particularly iutesro
,r, I'd, And that the said II. John Whitehou
ID ':u as sith ia; snd JOIN Wilkinson may be- e.jo!7
as esa , s S:f s pn e s1 t f5s H
to ths ng q Fonr lat t s sstos
Of Church Of tic Hoiy Communion and as minis
,at Of said Protestant Episcopal Church, and II
H. tey may each Of them my BE- 81 hGsx
en- proceeding in the trial and dCtcrmSnatl
id Of ssid untrue and unfounct charges against
OF orator Oh the nreseutn.ent aforesaid and from
ay Ie ptcscitnsnf thereof aio5eaaad. a. sld tinas
~ P,es; ur .i ,toe ans - nf;1 tha
,ur con.t thall be- duly constituted, and until al
IT'S l',rtS days notice given i, Writing to your ora
IN tiMe i'Tt;l t1e said Georse Green Thomas SIN;
I'D Warren H. Roberts and John Will
10 n' 4fcrnl ' txam;notiou. " o. for a,an,;aatj @
,er BY. commission duly :appointed IN yont Q
.nc te sa tS fs 1f.u
or S, J.. Everett and wife. And for sneh other
1esi a ,sy xsorn o. NJ rnd o ~ .T
led agreeable 10 equity and good conscience, ms,
pGses sonI Gn9' no sssnt "o !oa1 nt otasoF
" oaf aGS r!sn, " ont a1tooto ~
ss Pi is! :: s Rs9?sss sss5 Be f5ss!s' 8
~! nCtse u Ni1Mo's.ne M sa r. ~, W1a; i, a.
'ea u. RoheHs. Thomas Sn'i1h sEa 1oan l!k'n
Sa @ "a r. hena t fGm u1er as tHe a.
st Wy 1T ~ ~. -. ~ ,4.,1s, ~ oo1n5 ,,raa
nd nent M and charges | Or any of them, may be chi
q, Cd until tIc further order OF this ooufi ana
ca tic scycrai attendants herein al