The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-15

ton (the Witnesses ct tho defendants request wsr
bore ordered to withdraw; no went to serve sub
PrnA; went up into tho second story, aud he hando
him tho subpoena, and handed him fifty cents VIII cl
dropped on the ground; that Brush struck h,n
whilst in his room: that no went out of the room
| and was gong down stairs, when Brush reached
over and struck him, and kicked him no wa
going down towards the entry.
Cross examiDed-kept no minutes of the testi
mOny, for the reason that he had tho statement bo
fore tho trial; had not for the last two years troo
nsny causes IN the Court of Sessi Gus; spoke from
memory, and tho writing was OF no service; the
statement was now filed in civil suit for the same
assault.
Ie'examinedIt was not usual D take minutes
Of testimony ar Sprcol Srasons
10 Mr. Jor'an- lie was retained and employed
by NJ B'ueh, u" gave Him a fee. he never worked
wa hDut one,
Mr. Jordan was very happy to hear that C.augh.
teri.
William J Roone counsellor at law. Was former
~ one OF me Special Justices Of this city; present
on the trin referred to- associated with Mr. Russell
for Dir. Brush, the defendant, Tho witness then
corroborated Mr.. Russell's statement repeating the
evidences OF Ferguson somewhat moro in detail |
The assault was said to have been on the 18th March,
1850, at the house of Brush, on the second floor,
back room
Cross-Examincd.--i drew the affidavit to obtain
the complaint for perjury; did not know where the
affidavit was; it Was said to have been stolen no
one directed HIM to draw it, for Mr. Brush after
wards TO get hun to come and answer to it, did not
remember what day it was sworn to no (Brush)
said he would prefer not having anything to do with
it, witness urged bin to to it after ne had heard
his reasons for objeotng; employed by Brush to
defend him On the original charge, brought before
Justice Bseakley also ut the Spccll Sessions !;
he paid him 3lo did not know what he paid Mr..
Russell; drew affidavit for Mr.. Charles T Broad
well; had had no controversy with Mr.. Ferguson at
all.
Re. examined What were the reasons Mr. Brush
gave for not wishing to 90 on!
Mr.. Jordan objected, and Dir Hall argued, rs the
gentleman had fit to ask to the interview he
had right TO the whole. Defendants counsel said
he had not gone into the conversation. but only
proved n fact Question admittedly Mr.. Brush said
to witness. after his reading tho affidavit to him,
that the facts set forth were all in accordance with
truth; and be considered it duty he owed to the
public to punish him for false swearing; yet in con
sequence OF the of health Of his daughter and
only child, no would rather forego it than place
upon her the necessity of appearing in court, which
BIO believed would be likely to be fatal to her life
Witness urged that his duty to the public was para
mount to any other consideration. Witness got the
facts in part when Brush was trst appraised that pro-
ceedipgs had been taken before Justice Bleakley;
and another portion from the complaint in civil
suit in the Supreme Court, and tho balance from
what transpred in the Special Sessions; was II
lawyer i'll the Court of Sessions not in any other
court; had been admitted in the neghborhool of
III the matter Of that complaints got all the facts
from tho Same sources /; did not know whether the
affidavits were filed in this court or at the police.
At this stage of tho proceedings, the Recorder and
Aldermen having an engagement, at clock, to
review the frcmon on their parade, the Court ad-
journed till to- morrow morning, and the jury Sc
parated by consent.