The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-16
Alleged Perjury In The Forrest Divorce Case.

Alleged Perjury I'm the Forrest Divorce Case. |
COURT OF GENERAL SESSIONS
Before Recorder Tlou, and Aldermen bard and Smith
FD l5.-Tital cf Wm NJ Doy for Pejwy-The
jurors empanreed yesterday in the of the people
against W. NJ poty, called and Mr. A. Oakley Hall
the Assistant District Attorney proceeded open the
case for the prosecutions in speech Of great ability and
sttenSance on the part Of the people Messrs. j. r.
Whiting, H. F. Clark, and A. A. Phillips, defended the
accused - ! s.. -,
was the first witness examined by the Attorney General
Deposed: am of the Deputy Clerks OF the superior
Court Of this city, such Deputy CerS AZ the time
80 ,a ,ial of Catherine " Forrest and Edwin Forrest
have the custody of the books and records oil tna Once
have the issue here that was tred oe'"ee" ''''e'
~ Mr. Within obeced to the witness stating anythi %
as to the contents Of the issue ,..-,.. -,
at that tine these are all the pleadinys and ID idr
ment have the minutes also OF the Court on nat trial;
thew were kent by d. II. Floyd Jones, ex-Cf =, With
few exceptions when he was absent kept them. O.
Who held the CourtY
Mr. Whiting objected TO the wtnes' testifyng AZ to
that The record would show who n I'd the Cont Mr.
Jones would be the proper personto prove that fact
Objection oyerruled, and except ON taken
Ely what 1Tae MSs y ,n court held at the time Of
prtss record. Q-Was this nan Doty sworn as witness
on Mr. ne Whiting objected 60 The question be record win
show the fact.
The Attorney Cen ra then proceeded to read the record
Mr. Whiting o'ected as it was paper filed by other
parties and M Ade up the 7th February 1852 at day
lg subseqr ent to the offence charged in this indictment
The Au Srney General-There is no doubt that the
record OF the Judgment is always evidence
The P.ecorder-You propose TO read this to show the
issue2
Er H. f. Cark-It does not show the issue.
The Recorder-If there Is ISSUE then there is no
evidence The Court permit it to be read Defendant
The Attorney General then read part of the record
which specified to the crmnalty between Mr. Forrest
in the wears IS4O Al 40 49, A. folios 10 to IA. O.
(repeated)-Was this man Doy sworn as a witness on
excepted) A. He was. O. BY whom was he called !?
Objected to- overrued, and exception taken A. By
of the peadings were fled until the judgment roll
| nadeup.
To the Court believe there was previously printed
The Attorney General then proceeded to read from the
minutes,
called to prove them If Mr. Jones dead then the
next best evidence might be produc9d but the law re.
counsel conened that Mr. Jones was the best evidence
| as the sworn officer of the court.
The Attorney General conended for the admssiblity
They are kept in pursuance the statute kept in the
proper office and when produced from that Office are
! he contended there was no legal objection.
The Recorder-If understand rightly these minutes
and records are on file the Office they must there
for some purpose, and either the clerk the deputy
clerk could prove that fact They both officers
en e
Tuesday Dec 16 1S51-Chef Justice Oakley presiding
the title Of the and the jury and then the 14h
January, 1882 w. NJ. Doty called and sworn, and
testified witr ess he then recalled later day
the 10th of January.
Mr.. Rice, in answer to Mr.. Whiting, said that both
entries of the of VIM. NJ Doty in the hand
writing Of Mr. Jones, who then clerk of the
and make
cept some made myself. was present when Doty was
sworn :,
Cross examned by Mr. Clark was appointed deputy
clerk by Jesse Oakley deceased; reappointcd by Mr..
Jones, and again by the present clerk Mr.. Campbell
appoin smept reads clerk OF the part second and
am appointed by the clerk of the court; do not give
any bond was in the court room when Doty sworn
did not administer the oath; was looking on; Floyd
Jones the DATA to give evidence In the
at issue between Catherine N Forrest and Edwin For
rest. Here the witness repeated the form of the oath
To the Recorder. He to the oath with his hand
on the Bible, think. Esa
To Mr. Clark think he sworn the Bible am
positive whether he sworn on the Bible or with
the uplfed hand, cannot say whether that
tried upon the form of issue in the pleadngs upon
any particular ISSUE was the nature Of an equity
cause under the statute.
trial Of the case between Catherine Forrest and Ed
win Forrest in the Superior Court before Judge Oak
ley Q. What was the issue given to you to tryf
Objected to- was in writing and it should be pro-
duced.
Overruled and exception taken
Witness continued The issue was one Of adultery Tex
cepon taken) it to the adultery of both parties
exception taken). Q-Was it q material question
committed adultery with Miss Josephine Clifton Object
ed to, admitted, aud exception taksn) Alt O.
Was it material question given by the Court, to deter
| mine whether Edwin Forrest had committed adultery
with Josephine Clifton OBJECTED to, admitted and
cepon taken.) Al did not understand It both
ties charged with having committed adultery with
divers persons and have no recollection that the
ton was submitted to the jury by the Court to adul
terry with any particular person the principal question
whether either party had been guilty with per
sworn as witness; he was examined and gave eyi-
Gence 'hHk ne was nrst examined aoeut the inidds-
1 n o My nc Maa o,ieu Ivy sis. rcIrest
NJ U1tn ,h;aa.a5 tn ,e.t :. , ..s :, y. ~,
d;.. ;,, T g; ne ueeaua' - chas.u IN se
&c Iena d th Eau, :; t fnni!ury on se iS s