And the said Henry Smith late Governor of the Provisional Government as aforesaid, did in his aforesaid letter addressed Lo the said Maj Wm Ward as aforesaid, maliciously, wickedly and libelously write in his said letter, of the General Council of the Provisional Government of Texas, the following words. "the opposition" (meaning the People of Texas generally) "arc strong and have money and means and MY COUNCIL arc needy and corrupt," thereby charging the Representatives of the people in General Council assembled with corrupt conduct as a body.- Specification 3d under charge 1st And the said Henry Smith late Governor of the Provisional Government as aforesaid, did on the 17th day of Jan. 1836 in a letter written by him and directed to Col Wm G Hill, wickedly maliciously and libelously, write and stale in his said letter of the General Council of the Provisional Government of Texas aforesaid, the following false and defamatory language, "My Council became corrupt and determined on mischief.-! found they were deter- mined to ruin the interests of the country. A veto from me was useless, and instead of a veto I sent them the Devil in the shape of an address" and in further speaking of the Council, in the same letter, said Henry Smith uses the following language, "their conduct" (meaning the General Council) "was criminal and I could no longer stand it, they had every thing combined against me, men, means, and a damned corrupt Council" and the whole of said letter is made a part of this specification.- Charge 2d For embezling the Public funds of Texas Specification under charge 2d That the said Henry Smith late Governor of the Provisional Government aforesaid, did on or about the -- day of January last receive a draft for five thousand Dollars, drawn by 1-l K W Hill of Nashville Tennessee one of the states of the United States of the North on N & J Dick & Co of the city of New Orleans, being a donation for the use of Texas, to be appropriated under the direction of the Provisional Government, which said draft, by the provisions of law, should have been deposited in the hands of the Treasurer of Texas, to be appropriated and drawn for by the General Council, through the proper officers, but contrary to law and in violation of his duty, the said Henry Smith has retained and embezled the same, for his own use, whereby the interests of the Country are greatly injured and the suffering army deprived of the liberal benefits intended by the patriotic donor.-
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