The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-22

81 g000x0k 00001O0Ds
Before " Rsssrdr anA Aldsrnsn rwssd anA nsrA
CASE or WI. h DoTY, INDICTED FOE PERJURY N
THE FoR1xsr DIVORCE rRIAL-AoT1oN TO rosr.
Dso. 1o.-soms delay occurred in the opening Of tho
court this morning. Before Proclamation vas made
Mr.. Forrest the attorney asnerai Mr. Chssdeld. a.d
waiting on behalf OF the prosecution Of this indictment
For the defence Mssws. II. Clark and A, A. Phillips
Mr.. Hal moved that ths ca b proceeded With. The
Attorney who vss present. wAs Associated with
them In the prosecution
Mr. CLARK was very happy 70 sec the Attorney General
the An effort had bess made to procure the AZ
must renew the application they could not think OF
gopg 20 is ~hout her evidence. His associate would
Mr. A. Phillips accordingly proceeded to read the
amended sfdavits the fret was by defendant SET
ting forth In addition 70 the former oOs TA.t the
by the said Catherine Mrs sinclaE) will estAb-
lsh, on the trial Of this indictment, tend ma
between Edwin Forrest and Josephine Clifton, which
said Edwin Forrest Is to be of the principal wit
that ii would Be important ct this time 70 dsclos tho
various particulars aad facts which he expects prove
and estsbsh by the said witness the sis Of this in
dctment. That in consequence Of not expecting to 20
to trial no has not subPeaed other necessary Witnesses
That two sisters Of ais who reside in Burlington w.
bave bean kept In this city by him to attend the trial OF
this And. in conclusion that tho facts and DIR.
cumstsnces which he expects 70 by the said Cathe
ripe taken In connection with other and crclm
stances to be proves by other Witnesses will establish
the fact that the testimony given by deponent the
Thsr, NE. ,seonS usa, ns aaohsr s.,v show
Ing that Efforts had been made 90 counuaicAte with Mrs
Sinclsi BY tee aph ~ lately ss Saturday last and that
MIR Hail believed this was returning to tho original
ground; he updsrstosd IT. the last A6journneut
made in order chow tho facts t, " proved were
that the prosecution might cay whsthsr they would Ad
init the truth OF them and their honors have made
the order for tho express purpose OF having dclo,
a. appeared by the papers, to morrow. He would csA
attention to two points in the aiayits. The first
ONE alleged there vas an understanding IL was to of
till January land they that he had kept his
sisters In town I'LL the present time They should also
have shown some dgsoce whereas taeyhavs sho
As yet this before Described giving no track or
data whore Mrs Forrest to be found and shows great
discrepancy. They would aso taks into consideration
that there diligence shown to have been used and
there was means Of judging OF the maseraty Of ths
which the Court desired to be shown 1t the
The Att rBey General the same sids-Is was clear
no attempt had been made disclose what the evidence
under the rule but appeared that In the opnisn OF
council II would not BE- proper to their hand 1t
was quite evsent that Mrs. Forrest could know nothing
which was At all material The question would DO not
whether the fact true bat whether he knew TO be
ttne for II he did not be would be equally guilty Of
perjury The fart stated to have occurred board
the Albany boat in lS43 aBd it not pretended that
MRS Forrest was present rhe olsx inference that
she was not Nov the material thing would be, wsre
those parties that boat Again there was no
diligence used at all The Indictment found in Apr
The defe ndap id been ever sirsc upon bail snd not
single attempt had been made to tho evidence
The nrst We heard the psstpon OF tho
cause and he held ought to be tried the
dtnce shown to be material IL IL could be procured
MIR. Clark was fnip to coufess 1t unfortunate
That they could not with Justice to the defendant
proceed to trial. mstion for . poytpoaement
always an unpleasant for counsel to maks He had
not understood the order NJ aall had He uadsr.
practices Bile soms com Tor her that
the Court might perceive whetne Ae could obtain her
attendance
The RecordeI-The Court had decided to deny ths,ms
sn unless they disclosed the evidences which they
pected to prove by the witness
Mr. Clark ead1f The only alternative left them was to
discover the facts it for to
que on the point Of due diligence they hal doae
Mr. Doty had proceeded in his ati tvit, which mast be
taken true far he could and OF re-
pectsbltty and standing had stated that bons ds
sbity Of the wIf.s evdenc. in this peculiar osss but
there we're many things which mghs her know
ledge sp art from the marital Viii ID mxht and
weuo be admissible and as to which she might be
petent witness. He did not pretend that Mrs.. Forrest
could prove the whole II conceded that hs
in common with other witnesses testimony might show
that the fact STAYED by Doty substantially true II
ness that it Omnibus witness that could swear
our whole through Mrs Forrest csrtssy not
thss witness but suah defencss might be made out BY
The RscorderDo you intend to show Mr.. Forrest was
one ofssvera counsel and scquainted with ths
formation received from the most reliable, the
highest quarters am assured, and psrfeotly
P4tsned that MRS. Sinclair Can give 0Sl1snc0
which will materially tend to prove the truth
Of Dotys staeme and that ~ all that should be
CURED II M FORESTS object or tho object Of this
pro secution, public justice that could we'll be
satisfied one term another II would keep; and If the
obeet private resentment 1t is most likely that
sentiment would keep too. They had made an applioa
ten which supposed would be successful
did not how they could do anything more.
The Attorney General again make few obser-
va,iors Mr. Ozark made objection bat withdrew it;
and Mr. Chatheld proceeded The only facts that
material were The name Of the boat tho line and the
tram ctia and n haru m
teral II they attempt to impeach by collateral facts,
they must admit them; and being collateral Mrs For
IS they had r,gkt to expect, and vas evidently
'dodsing' They had to conclusion of law,
cited and cha ac.srixsd them dssgeruous. In the
he pretended he did not know the cause was to b
tried this and in the other he had kept two wit
nesees in town TO attend At this trial
M Clsrk-rhe only disingeBuous thngabout the pro.
ceediDg the EeEt made by the Attorney General
ard bs resong the shidavt 20 a. to make It appear he
had kept hs sisters in TO attend at this term
when it is not 80 sworn 81 all. (Reads affdsvit)
The Attorney General need not also have left
US legal legacy. He remarks, the circumstances
whether Mr. Forrest lad such intercourse at any me
i, imm,,ersl ssse1t ssaeou at fear OF co ntrsdicoa
and every lawyer and isynAS who knows how ts think
sIight will asertthSt prove IL at or about tss
time 1t is material, asd it would BE- conpetea TO this
Court to admit it, Whether 1t would prove the whole
issue Is another tfirs but its exclusion would be an
error, and fatal TO q conviction
TIE Recorder pronounced the judgment Of the Court.
Looking NJ the Whole 1t seemed the evil
dencs va. material and thsre was not any specific fat,
time or psee set i'h The, judged the affidavit insa
Client, and the motion must he dsAed.
Mr. Clark could NOS proceed, ssd Mr. whiting, Who
wv the leading counssI gagged Mr. c. about !
to leave the court when Mr. ChatiiId said he would
TO IL down for Thursday, and come that
day AND try it.
Mr. Clark wshsd to be understood entering Into
stjps lation and the Attorney General would require
but he understood the Court would set 1t down
The Recorder sssssed and the parties after left
the court Adjourned.
Before the Recorder and Aid. Tweed and Cornell
DBc. Il 49, Rtnnir s. Fiji Du!h0cAipe "-HiliAn No
Cavanseh lad about nineteen age brought
Up for trial Tee prisoner had been indicted for highway
robbery together with james McXnley eighteen monrhs
ego MCKINLEY has eiAcs bees discharged ss had been
McCavanagh also but arestsa the prosecutors re-
turn the city Prom the iaer statement it seemed
his Nathan RIioaep resident OF New Hanp-
SHIRE and that, taking srol il the metropolis N the
month Of April, 1881 Che being then desnoAof the
Sixth avsnHe) about the hour Of tive in - Rrning,
he heard . fire alarm; and wishing ito how