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ing the establishments at Zion Hill, and No. 8 Third-street, and in defraying the expenses at both those houses. I acted in all these matters in perfect good faith, as the Father. Mr. Folger has the bills of all the payments I made."

After this examination he was committed for trial. But in consequence of the appearance of the examination in the morning papers, at full length, Mr. Folger made the following communication through the Commercial Advertiser of the following day :

TO THE PUBLIC.

I had intended, by the advice of several judicious friends, not to have noticed any of the statements of the impostor Matthias, or of the wild rumours growing out of the delusion I have been under in reference to him; but as the statements made by him in his examination before the Police yesterday, as published in the morning papers, are calculated to injure me seriously, I think it best to deny those statements, the object of them, with Matthias, being, no doubt, to crush me if possible. I have no objection that Matthias, or any one else, should state the whole truth in reference to any transaction of mine, but that which is totally untrue I must protest against, and, when necessary, meet and refute.

Matthias stated in his examination yesterday, that on one occasion he received from me $2,700; this is true as far as it goes; but the whole truth is this: that early in the present year I sold a property, for which the party paid me about three o'clock -too late to be deposited in the bank that afternoon. I was going to Hartford that afternoon in the steamboat, and fearing to fake it in my pocket, I left it in his charge for safe-keeping until my return, which was in about forty-eight hours; so that he did in fact receive $2,700 from me, and kept it until I returned, when I received it again from him.

The statement about a mortgage of $5,000, either on my place at Singsing, or any other property to secure that sum to the estate of Mrs. Folger, is totally untrue. No such mortgage was ever given.

As it regards Mr. Pierson having directed that a deed of Third-street property should be given, it is entirely new to meand he is not living to state what he did say to Matthias. know nothing about it, but I do not think he ever directed it, for

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the simple reason, that when he is said to have done it I was largely in advance to him in joint speculations, and he knew that I felt no disposition to be any more so. All I ask of my friends is, to be cautious in receiving the statements of this deceitful creature, and leave me to manage all my concerns with him. To all who are interested I can exhibit a perfectly clear statement of my concerns, and satisfy them that I have and shall act uprightly with all men. BENJAMIN H. FOLGER.

On the 16th of October, Matthews was arraigned before the Court of Sessions, on an indictment found by the Grand Jury, setting forth in substance that "The said Robert Matthias, devising and intending by unlawful ways and means to obtain possession of the moneys, goods, chattels, and effects of divers good people of the state of New-York, and to defraud and cheat Benjamin H. Folger, did falsely pretend that he was God the Father—had power to forgive sins and to communicate the Holy Ghost, and that if the said B. H. Folger would provide him with money, he the said B. H. Folger would have God's blessing. That the said B. H. Folger believing those representations, gave the said Matthias one hundred pieces of gold coin, of the value of five hundred and thirty dollars, and one hundred dollars in bank notes, which the said Matthias feloniously received by means of the false pretences aforesaid.”

Matthews by his counsel pleaded not guilty, waving whatever legal objections might be taken to the indictment, and the trial was postponed until the November term. Something was said by the prisoner's counsel in the nature of an application for his discharge on bail, but the district attorney intimating that a warrant had been issued in Westchester county against Matthews on a capital charge (for the

murder of Mr. Pierson) the application was not persisted in, and he was remanded to prison.

On the 8th of November he was again placed at the bar of the court, dressed in his richest and most fantastic garb, with his pink-lined green coat, crimson sash, lace-ruffles at his wristbands, a silver sun upon the left and stars of the same metal on the right side of his breast. He appeared cheerful, and conversed freely with those about him.

The District Attorney intimated to the court that he had strong doubts whether the indictment could be sustained, even admitting that the allegations set forth in it could be established. He had laid all the facts in his possession before the Grand Jury, and stated to them his doubts as to their constituting an indictable offence, but they had thought it their duty to find the bill. There were two difficulties in the case; to make out an indictable offence, it would be necessary to show, first, that the representations made by Matthews were such as were calculated to impose on a man of ordinary prudence and understanding, and, second, that they were false; and both these matters he thought it would be impossible to prove. Things might be averred which the majority of the community would never believe—absurdities at which reason revolted; but where was the testimony to prove them false? So far as the prosecutor was concerned, he had to say that the gentleman did not wish the case to proceed any farther; and here the District Attorney read the following note from Mr. Folger to his counsel,

"DEAR SIR,

"New-York, Oct. 23, 1834.

"Mr. Hoffman, as I understand you, having expressed strong doubts in regard to the indictment against Matthias being sustained, and it being likewise your own, as well as that of several other lawyers, in whose opinions I have confidence, I think it would be best to discontinue the proceedings altogether. If you think it is proper, do so; I should think it would be best to ask the District Attorney to dismiss the case-the offence charged upon him not being an indictable one--and release the creature entirely. His day-so far as passing himself for a pure and upright man-has passed, and there is no danger of his imposing upon any one here or elsewhere.

"With respect and esteem, yours,

"BENJAMIN H. FOLGER "

After reading this document, the District Attorney, saying that he believed the indictment could not be sustained, and that farther inquiry would only tend to make Mr. Folger and his family more unhappy than they were already, moved the Court to enter a nolle-prosequi. The Court said they would look into the indictment, and decide on the following Monday whether the case should or should not be proceeded in.

In the afternoon of the same day the following note from Mr. Folger appeared in the Commercial Advertiser.

New-York, November 8, 1834. MESSRS. EDITORS:-I am informed by my friends that the notice in the morning papers of the proceedings in Court in reference to Matthias, has led some to suppose that I have relapsed into a belief in him and his blasphemous doctrines. Lest it should be so supposed, you will do me a favour to state distinctly in your paper of this evening that I have long since renounced his doctrines entirely, and believe him to be one of the most base and deceitful beings on earth. This is likewise the opinion of every member of my family, and my object is now to rid myself of him and those connected with him, with as little trouble as possible. Mr. Pierson, myself, and family, have been

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deeply, very deeply deluded, deceived, and imposed upon; and I regret exceedingly that the former could not have been spared to witness the deep deception. We are sensible of our errorwe repent it sincerely; and although we cannot expect to recover, at present, the situation which we held in society previous to our acquaintance with this vile creature, yet, in time, we shall be able to show that we are enemies to him, and all who undertake to sustain him in his wickedness and plans to destroy us. BENJAMIN H. FOLGER.

On Tuesday, the 11th of November, the Recorder, presiding in the Court of Sessions, on being applied to by the District Attorney for the decision of the court in the matter of the indictment, stated that he had that morning received a warrant from a justice of the peace in the county of Westchester, with an endorsement thereon by James Hopson, one of the police magistrates of the city of New-York, to whom it had been sent (according to the requisisition of the statute), allowing the same to be served in the city. That the court had taken the whole matter into consideration, and had arrived at the unanimous conclusion that it would become them to yield the prisoner first for trial on the graver charge; if he should be acquitted on that, it would then be time for the court to act on the minor indictment.

This course was very strenuously opposed by the counsel for the prisoner, but their arguments failed to shake the determination of the court, and Matthews was accordingly surrendered into the custody of the sheriff of Westchester.

The legal proceedings that have recently taken place respecting him in that county will form the subject of the ensuing chapter. Meantime, there

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