The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-24
Court of General Sessions


Court of General Sessions.
Before the Recorder and Aldermen Haley and Barr
THE DoTY PERJURY OBSERVATION-DISCLOSURES FROM
MRS FoRREsT-MoTIoN TO rosrPoNE AGAIN DE-
NIED-THE JURY PANEL CALLED.
Dc 23This being the day appointed at thelast ad-
with the addition Of Mr. Whiting for the
fence
The Assistant District Attorney moved to call up the
case The Attorney General present, pursuant to
appointment.
Mr. H F Clark produced an affidavit of a fact which
had only yesterday come 10 their knowledge and pro-
ceeded to read it. 1t was by Mr. Nelson Chase
Mrs sinclars attorney and set forth that he had re
ceived Geographic despatch in these words
H9wIANp & CHASE, No. NEW STREET.
New York on Tuesday January llth and stay three dsy
Mr.. Whiting then addressed the Court He had not
been present the last applications but on former &C.
casion he understood the Recorder suggested deliver
ing his decision to postpone should have ii 1t
practicable, communication direct from the lady
This was the first they had been able to obtain The
Court would perceive that was sent as late as THURSDAY
last and stated the lady could be in town Tuesday
the 18th January and be hoped they would not put
this defendant on his trial to morrow the last day
OF the term unless was This would probably
be protacted trial and would extend the next
term,
The Recorder asked how long it would last
Mr.. Whiting said ii uncertain He did not think
so important trial should be late in the
term We suppose continued be have a right to ask
this matter Of right; but intend however in the
position which We stand 10 ask it favor. We shall
not after this ask that the defendant in this be
treated With mere mercy than usual TO extend oper
sons under Indictment but do desire 20 be heard
through the mouths Of witnesses We ragret that
the Attorney General should be put to the in
convenience; and il had known, az now learn that
he had been in town this week should have called with
q view to make thi. application and nov assure him
TO say that up to this time, the dee ndant Mr. Doty
has been without the of employing counsel. He
has been without the means of paying for teegraphic
despatch-almost without the Of supporting his
family He is anxious to be relieved from the load
that upon him any human being be; but
he anxious 1t should be removed and character
left and that he should have at least the chance Of show
ing his own nnocence. We simply ask that it may be
postponed until We are in a position to 60 to trial
would suggest again to the court that if she here
We might put Der on the stand, aud put certain
or come questions which the court might peradventurs
rule out We could then have the benefit of excep
tion and If II failed be it SO Would q refusal
now be tantamount TO rejecting the testimony without
giving Us tnat poor privilege f1r nov We can nave no ap
ell this and in view OF the fact that The utmost ingenu
ity has been shown to communicate with the witness the
court cannot certainly view It such want Of diligence
as would compel the court to force ID " They would
not ne undertake pass upon the the
evidence until after some testimony had been given
How often is witness subpened who thinks he knows
nothing about q cause, but who may know come fact
which when proved and connected with others in the
chain oievdence Is most mportsnt? We have direct
answer that she will be here next term
The Recorder-Dces she say she will be here
Mr., Hail-The expression is that she cam not that
Mr.. Whiting-Ttat is the expression but We know
all parties condense their words in these des-
patches ard it is immaterial which word ia used.
1t is In answer to Mr.. Chases apple alton urging
her to come, and, ! take It it means "Tillo She
first explains why che did not answer before Your
telegraph reached me yesterday &c Now sic submit
to the Learned public prosecutcrsn Office which had
once the honor in subordinate degree to fl as district
attorney in this city and county-let me ak him whether
in case Of this kind the witness having SeTet aud
exercising his holy Office in the administration OF pubic
justice standing between the prisoner and tue avengns
blow Of that justice when 1t is to be atninu Uttered -
whether he should DE treated With Kind Of
sjderation and whether this ought be pressed
don't ask him TO consent altogether but submit 1t to
bis candor his intelligence, Of justice aud
ledge Of the Law whether have not brought it within
the principles deemed to be essential Terror peradSen
ture be committed now in denying this motion hsye
no appeal remedy II the man were shirkiDg
deavong to- the would be very different. You say
the Indictment was found nearly year ago last April.
Agreed it but attempt has been made by the
prosecution to bring 1t to trial
The Recorder understood that the prosecutor had
Trained under the preston commission applied for
would have been issued and the court had net pressed
it on.
had asked Why they did not apply for their commission
they would told them that they expected to prove
by this another witness. and because all the
defendant.
The Attorney General supposed it hardly necessary
to make any opposition for he certainly understood the
question was disposed Of and had remained here in the
Expectation that the decision would lead to the trial OF
the care No fact had been brought to notice to
alter that determination. which upon the ground
that they had furnished any evidence OF the mate
risty OF her testimony produced The sspsct OF the
not changed ct all by the affidavit he had 3
right to say somethng for himself lie not a. all
responsible for Getting the down so late in the
term be was here two weeks ago ready and came from
Washington lsst Monday. when motion vas made to
postpone II which denied and resulted Ia Its being
ooTn for this morning. and insmuch they had not
changed the he supposed the court would adhere
to the decision then made He Certainly would not press
trial sgsinst individual he believed or hal reason
to believe oppression bnt he certainly believed
the evidence quite MINISTERIAL, and be therefore
moved that the 20 He expected 1t would DO
he regarded this motion decided before
occasions and he trueted the court would order to
proceed
Mr. whiting would answer part Of the remarks. The
defendants counsel supposed that they might differ
with the learned gentleman to the maeriaty of the
evidence They supposed the Court had right 70 have
something before them In she way Of ahdagt. that
the defendant Is advised and believes the evidences
he pledged himself. man and lawyer, that the
facts exposed TO the Attorney Gensral as they
would be In the Of the trlaor peradvcuture,
they would be ruled out-he would cay lawyer,
they were material and all important 10 be submitted to
the Court at least ssy sir Continued he We could
make fuggestion TO the Attorney General which do
not wish to divuge publicly at present tMr. Whiting
then advanced and addressed few sentences in pri
vae to Mr. Oh at cid We have, sir suggested II to his
private ear; and sppeal TO him lawyer and In his
on the trial Of this cause, and whether standing
do counsel for this should be compelled To dis
close the fact know very we'll after i've minutes
conversation with the Attorney General, he Will admit
the materially oft There In which u may
be very imprudent to mention the facts Solomon had
(Lsuebter) just so IN modern times one might say
aOh that mine enemy ~ould talk w (Leushter re
might defeat the very end perspsctvely in In the
examination Of the witness on the stand. dare say