The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-16
Court of General ScssiOns.

Before the Recorder and Aid. Denman and Ward
,oy JUNE l5-Isat Of James f.g.s0,. lor Perjury,
tediously., On the re-assemblng Of the jury this
morning, the prosecutor, Mr.. G.. p. Brush, was
called, who deposed He was builder, residing at
q Greenwich avenue; he knew the accused, Mr..
Ferguson; on the 10th of March, 1850, about half
past 8 o'clock in the evening, Mr.. F. called and
was introduced into his room, on the second floor,
and handed him a subpoena; witness rose from his
desk, where he was seated, and told Mr. Ferguson,
handing him his hat at the same time to leave the
house; that he did not wish to see any more of him
or his subpoena; the defendant took his hat and
went towards the door, then retraccd his steps and
said u suppose must give you half dollar"
witness did not see him hand it to him. but he heard
it fall on the floor; he came back again and put
down his hat, and was looking over some papers in
it, and said he must show the original; he then left
the room; as he was going out of the door he said in
his own peculiar language, eff you put your han
on me ! will smash you," or '.strike YOU" witness
went out, in few minutes afterwards to see
friend, and met Ferguson on the sidewalk who said
Il shall now have the pleasure of seeing you in
two courts instead Of one; but | would prefer
kicking you along this sidewalk to anything
else" Mr.. Broadwell was present ut what occurre
in the room; be was sitting with him at the desk
which was at the opposite extremity from the door
the room was about fifteen or sixteen feet by seven
teen or eighteen; witness the Geo. p. Brush
who was tried in tho Court of Special Sessions on
the 18th of November, $780, present at the trial
and heard all the evidence of Ferguson.
Question.-State, as well as you can from rcco-
lection, all that Mr.. Ferguson then swore to
Mr.. Jordan objected The best evidence that
could be produced Of what witness swears to upon
a trial, was the minutes of it, taken by the court.
and these only under the leading rule of evidence
should be produced. The admission of the mere re-
collection of any body else would be very dangerous
Mr.. A. o. Hall denied that the minutes of tho
court was the best evidence, or any evidence; they
no more than any other memorandum and
could only be used to refresh the memory of tho
writer. The evidence of the prosecutor was the
best. upon whose memory every word Of the charge
made against him was indelibly impressed.
Mr.. Jordan would discriminate between tho me-
morandum Of an individual under ordinary circum-
stances, and the notes taken by the presiding judge
Of a court of Justice.
The objection was overrulcd by the court, and the
witness continued
Mr.. Ferguson sworo that the timo before mention
ed, he (witnesO had violently struck and kicked
bm; that he struck him number Of times. That
was the substance, and tho words, as far as his
collection served. lie (winess) did not strike Mr..
ferguson ut that time at ALL anywhere. Mr. Fer
gson had not since that time said inviting 10 Wit
ness on the subject
Crosse Examined. Witness did not emnIov Mr.
Russell TO attend 10 the controversy with M Fer-
guson did employ Mr.. Roomc Immediately after
The complaint was made before Justice BlcaleIev MI
Jefferson market, to attend thcro employed him
before the Sessions, and in tho civil suit paid him
ot the termination Of each sut-ten dollars before
tho Justice; thought IL was twenty-five before tho
Sessions. ~ Wv e,yll sSis tele wa3 bill SCAT Aia