Minutes, 1 January 1842

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Saturday Evg.— 6 OClock P. M. Jany. 1st. 1842.—
City Council met pursuant to adjournment,— meeting opened by Prayer,— Minutes of last Meeting Read.—
Sworn as Treasurer.—
presented a Petn. from G. W. Hickerson & o[the]rs, as a agst. opening Water Street. which was referred to the Committee to whom the Petn. for opening Water St, was <​heretofore​> referred;—
The council was informed by the , that they were abt. to sit as a high Court of Impeachment in a Case wherein Urial C. Nickerson is Complt., & , Aldmn., Deft.—
Sworn & Exd.,— was present when a Suit was brought agst. Complt. before , on the 22nd. Novr. 1841. 3 Witnesses were exd on each Side.— Evedence was that Complt. was to give $2,50 pCent. for Beef of an Ox, & Hide & Tallow, gone <​in​> for Butchering.—
That Complt said he wd not give more that $2,50, pCent,— Tender of that Sum was lodged with Wilber.— & Ct. decided no Cause of Action, because of Tender made.
Court was again opened, & decision agst. Complt. in abt. 6 days after.— Was not at this Trial.—
Was present at last Trial, & gave Testy. of Beef being worth $2,50 pCent..—
Saw bring back Property, did not know of Trade, but heard [Timothy] Foote say he had Recd pay for the ox, at rate of $2,50— saw the Tender made.—
Exd. by , talked to , when he brought back Property.—
By ,— said (on first Trial,) that there was no Cause of Action.—
Knows Complt. knows <​had​> not any Notice of 2nd. Trial, as he was on the Island, or [illegible]
By [p. 1]
By — Witness’ Wifes Testy.,— Cd not say that <​she said, that​> Foote was satisfied with the price at the rate of $2,50 pCent.Cant say posy. that Complt. went to Island next day, Dont know when Complt. returned,— but was absent at time of 2nd. Trial, but at home when Property was returned— Dont know whether Complt. was noticed for 2nd Trial.— Did not hear all Footes Evidence on 1st. Trial.— Were addl. witnesses on both Sides at 2.nd Trial.— Dont know whether Complt was at Home in the meantime between the two Trials.—
D. S. Smith.— Sworn.— Complt pd. Foote part price before he killed the ox.— Foote wanted 22 <​21​> or 22 Dols for ox, & Complt sd he wd give $2,50 pCent..— Foote agd. to take $2,50 pCent. Complt. pd. $10,00 at that time.— Wt was 699lbs.— price to be at that Rate, after Beef was killed.— Cd. not say whether Complt. was to have Hide & Tallow for Killing— took it tha[t] sided with Foote, from his manner of repeatedly asking the same questions 6 times or more, over again.— gave same oppy. of answering, to both Parties.—
By — his evidence was same there, as here.—
Complt wished Witness to be particular in Weighing the ox
By .— of Course Foote measured the Wt of Beef alon
By — he sd. Foote sd. he wd. rather take $2,50 pCent., than to take less than $22 for the ox.— for he thought he wd come to that.—
—sd Foote wanted $22 for the ox.— Foote then wanted him to kill the ox for him.— Ox was Butchered.— he pd $10 at once & payts. of two or three Dolls at times.— Foote refused Money, & sd Complt owed him $8.— Wilber took $2,31 as a Tender. Sd Cahoon saw ox 2 Mos before, & Evidence was that he was worth $22 for Work.—
Mrs. Grover <​he​> sd. she was present when Complt. bargd with a Man for an Ox at $2½ pCent., & that Foote then talked of price being 2½, but bargain not concluded.—
he said gave Evidence that price was to be 2½ or to kill Ox for Foote.—
Complt. [p. 2]
Complt. went to the Island after 1st. Trial, & did not return until after 2nd hearing.— told him he had right to open the Judgt. at any time, & Recd Receive new Testimony.— he told he wanted to use the Property that had been taken in , & if he got it now, he wd take it, orse not.— he wanted time to get a Witness, wd. give him a Week & no more.—
That Mr. [Levi] Bracken sd. Complt told him he was to give $20— & after told $22.— & that he after saw ox with Foote.—
Considers from the Examn. of Witnesses, & Testimony given that he acted partially in that, & in rendering Judgt., & that he acted as if bribed, or prejudiced.—
Exd. by — drew his Conclusion from the being particular in examining as to the Conversation at time Foote brought Oxen toComplt.— Did not know postponed Trial from day to day waiting for Complts Witness, further than s. own Statement.—
By .— was detained 1/2 day & had to Run twice after property taken on Exeon.— Had not all Witnesses at last Trial— one particular one absent on a/c of Sickness.— Had Col on last Suit, & some little Col on 1st. (,) Trial.— told him he wd. take Col, & Return Property, if advised to do so.—
Sworn— Smith did not answer questions directly, & gave it as he gave it this Ev.g., & thinks Smith was not properly treated.— Smith said on former Trial that the price of Ox was 2½ pCent..— All the Evidence he heard in favour of Foote, as to Bargain, was what Bracken stated, & that was what took place long before ox was killed.— asked Smith questions sevl. times over, & he wd not answer them directly.— gave Witnesses on both Sides full priviledge at 3rd. Trial.— Smith evaded questions put by Foote, & also those put by .—
.— heard Complt. demand transcript of Trials, & did not feel disposed to give Transcript of the proceeds. had when Judgt. was opened.— Sd it was on Scraps of [p. 3] of Paper, & that Complt. had agreed to give that up before
,— served Writ on his Br., went before , heard of no Testimony, was kept from Saturday <​afternoon​> until Tuesday, <​at Noon,​> did not produce Testy., & he was liberated.— Dont know of Witness leaving the place to evade giving Testy..— Stood over at request of Complt. (,) because of the absence of s Brother.— brought Hills out of Doors, & from mode of examg. Witnesses, he thought was partial.
.— Wt. was granted by , & returned to , & his Br. went off, he took a Wt. for him for absconding.—
David Sessions.— Was present at a trial for Money before , one Mrs. Hills was Plt., & C. W. Lyon Deft., heard her & Husband & Mr. Lyon in Conversation.— at Trial, there was no witness but Mrs. Hills, & a Man, & the Mans Testy. was but light.— produced Newspapers to shew Money was Current when Lyons gave it, if it was at all given, through Witness.— One Witness gave Testy. on part of Hills the Plt., & 4 on pt. of Lyons, who proved that if Money was given, it was good at the time.—
Exd. by .— was at Desk when he Sd that Lyons wd lose, one Witness & 2 Newspapers produced at Trial.
again Exd. & X Exd..— Sd. the Witness or Man Exd. on the Trial, identified Mrs Hills as being the woman who <​said she​> Recd. the Bill in the Store, & who he saw in the Store, & the woman swore posy. she got it there, & had no other <​Note​> of the same description, unless one not of the same amt..—
Re-Examd Said the acted with prejudice, & altogether in favour of Foote, both in the particular examination of the Witnesses for Foote, to have them Support his Case, & endeavouring to break down <​the Testimony of​> Complts Witnesses Mr. [p. 4] Mr. <​Levi​> Bracken Sworn.— said Foote told him Complt had come to his price for the ox, but did not tell price.— & that Complt. told him $20, & then witht any more words between them, $22.— Saw ox afterwards on the Street.
The spoke briefly upon <​a​> part of the Evidence.— also spoke on <​the​> part of the .—
spoke as to the Evidence on pt. of Complt..— The Complt. likewise spoke upon the Testimony given.—
Colr. Joseph Smith spoke upon the Evidence given.—
Colr. likewise spoke.—
also spoke.—
Colr. spoke also.—
The made some observations on the Case.—
Colr. Joseph Smith again adverted to the Testimony.—
A Vote was then called for by Ayes & Noes, whether be guilty of all or any of the charges preferred against him,— The number of the Council present was 17, who voted in the affirmative, for his acquittal, without a dissenting voice.—
The Council then adjourned until Saturday Evg. 15th. Jany. 1842.— [p. 5]