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


costs in the Supreme Court; did not remember ever
having sworn that he did not employ either Russell
or Roome on those three occasions. Mr. Rsome was
the man he employed in those cases; could not say
positively that he had not sworn The COM
plant for assault and battery, and the civil action,
beth grew out of tho same transaction; it wsilo
the civil suit was pending he commenced this prose-
outon for perjury; recollocted swearing to adavis
drawn by Mr.. Roomc; did not remember the num-
her, He (Mr. Rooney drew them without
witness request or knowledge. Ferguson was not
in any way related to him; they were in the
same church; they were in tho same denom-
nation at one time, (Baptists): there
ill-wil between them; it not his habit to order
people out of doors when they came. in civily to
serve process; his (defendant's) conduct civ.
and respectable after he (witness) had told him to
leave the house he said he must show him tho org-
nal-tbat was when he handed him the subpoena,
and before he took up his hat: he did show the org
nall the whole transaction in the Of
minute; witness was sitting down, end then
up the defendant said he must tender him half
dollar the half dollar fell the Boor between the
desk and the door, about the time be started to go
thought 1t was after he started, az he moving
towards tho door; left his scat to Mr.. Ferguson
out; he all the time near him ill no got to tho
door; no was by the door, close to him (crguson),
when he turned and said he would smash him if he
did raise his hand, but did not recollect putting his
hand on his shoulder; MIR. Ferguson became excited
and appeared to be angry witness was also excited
and angry; Ferguson did not exhibit any excite
thought, angry before he got to. the door, did not
remember ever saying lie was SO oxcitod on
that occasion that he did not know what did
take place; knew a man named Daniel French;
never said SO to him, to his recollection.
Question pcaed-Never did say so; reco-
lection Of saying he might have done more than he
knew of; he felt annoyed that Mr.. Ferguson should
call him again into court; did net know whether he
was more passionate than other people: thought he
excitable kind o. a mea; did not know what
made Mr.. Ferguson turn round; perhaps he repeated
his order to leave tho room two three times;
pcated it because he not going as fast as he
wanted him to GO
Q.-Did you hot treat hin in a most rude, uncivl
and brutal mannerl Ans.--No, did not. Witness
continued-Did not know that he got to
touch his person. or not; was quite positive he did
not como in contact with Mr.. Ferguson any moro
than he might have put his hands him; thought
he would have known It if he had touched him
with his foot; did not know whether his daughter
went out in fright; did not think he passed the
thre shold Of the door; knew Mr.. Broadwell; he
there at the time with him at the DESK or in the
room; Mr.. Broadwell left his seat; would swear he
did not tell Ferguson that he had mind to kick any
part of his person. could not say he did. that he
did not, make any threat; thought he had said that
lie never would carry this on himself, if it had
not been by Roeme's suggestion.
Re- examined Had no sort of words with Mr..
Ferguson after he left the room; if he touched Mr..
Ferguson at all in the room it not Intentional.
Mr.. Charles L. Broadwell was then called, when
Mr. Jordan, addressing the court, said, he supposed
this, and Mr. Broadwell's account would only be
cumulative; he left it to the court to say, taking the
story as Mr. Brush himself had told it, whether there
was apyt thing to 60 to the jury.
Mr.. A. o. Hall always conceded most respectfully to
the learned gentleman, who was an encyclopedia
Of law; but he must observe that he surprised
at the interruption as every lawyer had read, and
most of the jury understood that in cases of perjury
there must always be two witnesses, and in recent
case in England, the Judge had said hs would hear
as many witnesses as could be produced, no matter
how acuInulatiye the testimony might be.
The Court directed the prosecution to proceed,
and Mr.. Broadwell, who had, by tho direction of tho
Court, retired during Mr.. Brush's examination, was
called and sworn
He resided at No. l6 West Thirteenth street; was
a school teacher had some acquaintance with Mr..
Brush never saw Mr.. Ferguson until the evening
of the 10th March, 1850, between eight and nine
O'Clock, at the house of Mr. Brush in Greenwich
avenue; was in the back room, second floor (; Mr..
Brush and his daughter were with him; Mr. Fergu-
came in and Miss Brush left very soon after; Mr..
Ferguson handed Mr.. Brush paper, saying it wasa
subpoena; he then opened anotherpaper and said. !"
must show you the original Mr.. Brush then rose
and handed MIR. Ferguson his hat, saying, take
your hat and leave my house at once-I don't wish to
see you or your papers any more;' after "A little
hesitation Mir. received his hat, and after walking
must give you the half dollar ndputting his hald
In his pocket drew something out and threw il on til
floor; from the sound he supposed it was piece
money; Mr.. Brush then raised one or both hands,
open, and walked towards Mr.. Ferguson, repeating
bis commands to leave the house on reaching thc
door Mr.. Ferguson "squared off, and said to Mr.
Brush, : Dont.pu your hands on me; it you do,
will strike you. or smash you;'' witness then rose
and approaching the door, said to Mr.. Ferguson
No. no; none Of that;'' while saying so, wtncs
had his open hands resting on the table; Mr. Fergu
son then let down his arms and left the house;
after that Mr., Brush and witness won't down to the
front door: Mr. Furguson approached Mr.. Brush and
said" III have the pleasure of seeing you at two
courts now, but would greatly prefer kicking you
over this pavement Mr.. Brush's reply was That
you can do;'' they then separated; Mr. Ferguson
went opposite direction; did not, in that room, at
that time, any of the parties strike the other,
offer to do SO, except in the way he mcntioned; saw
no kicks: Mr. Brush did not leave the room till he
did SO with witness; it might have been fifteen or
twenty five minutes before they went down and met
Mr. Ferguson on the sidewalk.
The witness, who is elderly man, and provok-
ingly cautious in his answers was crosse by
Mr.. Jordan most searchingly. The rest of the day
was consumed, and the patience of all present ex-
hausted by the duration of it. The principal points
ELECTED were that he was born in Vermont, in the
month of November, and went thence to Plattsburg
in the following May. so counsel could judge whether
he recolected it, he came to the city in 1899, and
passed portion of his Tina in ootcachng, and
portion in selling Bibles and uninspired religious
no other-very few others at all I; he took this
for the sake of his health, after being con-
fined in school: to be more explicit, he sold of
an immoral tendency; he guarded against that; on
the nISuU Ill question he went 10 Mt. brush s, 10
converse with him about house owned by him
mr. B. and his partner; had never seen Ferguson
before; could have the piece Of money that fell
if it had been his business to look; could not say
whether there a gas light, but there was sufi-
Gent light; would not undertake to say it was
bright one; thought it was an oil or camphene
lamp on the desk or the mantel beside it; the desk
was diagonay opposite the door; could not tell the
size of the room; it was common size; Ferguson
stood near Brush when he gave him the subpoena;
thought Brush sitting little distance from the
desk-one or two yards possibly the defendant
walked to the door with his face his side towards
witness; he walked backwards as Brush followed,
consequently Brushs back and Fergusons face were
partly towards him; in this position he could see
both Mr.. Brush's hands and feet, and all they did.
After long cross examination as to this point,
To a Juror-Did not see either of them touch.
Q.-Do you know whether Brushs hands or feet did,
or did not. touch Fcrguson's person while he was
following him to the door! Al think they did
not. Question repeated.
AZ, H.u