The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-15
Court of Common Pleas.
Before Hon. Judge Belts.
EXTRAORDINARY SCENE IN CoURT-PERJURY Nd
REMORsE OF CONSCIENCE

EXTRAORDINARY SCENE IN COURT-PERJURY Nd
REMoRsE OF CONSCIENCE.
FEp. IA Thomas Downing rs. .qdam Prosh, Danei
Baker, Lornso Manu. G,o. w. Coufayf, Keerer .aon
WiHiams John j. Leri, and oers-This case which was
days past 1t was action brought by plaintiff mao
OF color, who keeps dining saloon In Broad street.
agsioft the defendants as committee Of management
for supper provided for the Morgan and Webb Assoca
tion, who got ball and supper In opposition the
Morgan Guards ball some years ago The sought
The duness Of the testimony has been sudden MY
changed by scene that occurred In this mornil
II appears that on the 18th inst witness James
Mccormack was brooght forward for the plaintiff and
deposed that he knew Levi ths defendant WELL that he
was at Downngs when Levi In and made arrange
Webb Aesocstion Downing handed Levi . paper; Levi
lot ked ct it. and seemed to be satisfied said il was
all right that he tLev was on the committee, and he
encouraged Downing to with the supper he told
him to have thing lice, and to have plenty for
that there would be Largo ball; Downing said they
and that he had great deal Of difficulty in getting his
money; Levi said he weuld have difficulty In respect
to that, and that he would see him paid.
The witness underwent q rigid cross examination BY
the Court
james Mccormack came into Court th. morning and
coming forward to the Bench, sadI ask Gods pardon
and yours gentlemen Of the jury, for what have said
about seeing MIR Levi with Mr.. Downing l never saw
Levi, before saw him in this Court in my life (senss
tom was induced by Downing to cay all that aid
For the last three weeks he hs, been telling ms what to
say lie told me to say that saw Levi Afterwards He
put me up TO all that have raid he has done tor the
last three weeks telling constantly what to say
have come here now Of my own motion. 1 went to Levi
this morning myself for the nrst time became trou-
bed in COINCIDENCE. thought had done gron, 10 God
ara 10 ny ,oul and thought this was bu. right
.nousht aa wrong 70 my conscience to my SOUL and TO
o. B. mawson was then called and being exam ned by
the Court depossd that Mccormack to LEW and
Levi raid he dill not wish to talk with him McCormaak
then tsd tn re that he hsd been swearing fIlsp that
his coincidence pricked him told him that il was his
duty to tell the truth In the mater; Levi f Meter
mack and talking together told him 10 o,ms inc
oeuit and peak the truth walking up the YES
thule, snd vas not saying anything to Elm before
Downing called him. and heard Mccormack saw that
bis confidence weighed heavily him from Downny's
manner thought that he try ing TO get Moformask
away; Then went up TO Mccormack and cam. into the
court room with him said 10 him it was highly wrong
Tor him to swear against bis neghbor told him that
he ought TO think Of the scripturo That you should
not bt ar fase witrs agast your neighbour: we were
together half an hour except while he was talking 10
Downngi don't know whore Levi Isl told the c'rcnm-
sta,cs 70 mr. Moiton L,vis COUNSEL; never saw Nc
ooimaex before ne came TO US; understood Levi to
torn On In rather c1ustic like IL he did not
wish TO sny anything to Mccormack; Mccormack ap-
peared to be dull and judged from his countenance
tnat ho had sleepe-s night
:, McceImack sg'in az dre.,ins the Court ,aid-
did not come here TO anybody favor to 20 against
any body. Twas never In a court before came ON sc
count OF my CONFIDENCE and on that account alone /
CONT know that Peter Downing (son OF the plaintf)
Entw that was going TO false cams voluntar
~ THIS morning. l om from the fouth Of Ireland; I
never received any education; 1 neither read nor
wTite was brought up in the country received re-
glous instruction; am Catholic; a witness for
Mr. Dewsing teven years age; merely testified that
raw flag cut for sale and that was O fact; never had
been IN q court of justice before
Council for Downing made some observatoins respeo
ing mr. Lew, end said that he would never pat Jew
the stand where he concerned In money, for he
would not, under such oifcumstancse believe him
oath end that Impression be (counse) thought was
generally felt tbrou ghout the bar.
Mr.. Morrison, member OF the Jewish faith and couu-
tel for Mr. Levi rspasi"tod tha. unjoes and Wholesale
iurult large and respectable cass If the commuaty
nud he considered The observation of The counsel un var
Ilntabe and unworthy member q the profession
What would have been charged sganst him (dr NJ IL
he bad declared bat be would net put Niger on the
st9n5, as he could not believe hil cath
The Court considered the observation OF the counsel
ir the plaintiff ndeoorous and cecdingly Improper
Hr. II. l.. Clinton counsel for the other defendants.
raid when the council for the plaintiff made the A.
fetion hat the bar parcir in bis he be-
lied not opv that respectable class the Jesa but the
protession to hioh he (Mr. Clinton) belonged
The case is stiD adjourned.