The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-26
The Alleged Perjury I'm the Forrest Divorce
COURT OF GENERAL SESSIONS.


COURT OF GENERAL SESSIONS.
Before the Recorder and Aid. Wesley Smith and Eard
TESTn pAY-TuE DEFENCE cosuSUKD.
FEB 25.--T People u.s. Nm NJ. Doty-Before the
rising Of Court yesterday the following question wa
put to Mr. Cook witness and objected to by the Attor-
ney General -
q Did you ever hear Mr. Forrest make any remark
relating to the trial Of Doty, &c.
The Recorder announced that the Court sustained the
objection exception
Henry II Rice recalled-Q. Have you searched the
minutes and files of the Superior Court previous TO the
Forrest trial the appointments OF the general and
cisl termsS A. Yes. 2 Did you find any A. did.
Produces minutes OF TIE court, commencing January,
1851 This DO contains the minutes after the CONSOLE
daion Of the transferred branch with the other branches
Of the Superior Court that is, the latest appointment
made by the judges Of that court as 10 the general and
special terms.
Mr. Clark read from the minutes the rules of the su-
perior Court and the regulations of the TERMS which spe
cited that the term should the first Mon
day and terminate the last Saturday of each month
O. When did Judge Oakley take his seat under his last
Mr.. Clark said that in England, misdescription OF
Judge ruled to be fatal He is styled Chief
Justice in the Indictment and we contend there il no
such officer known to the code.
WitnessHe elected Chief Justice by the other five
judges Of the court and ii entered in the minutes
Mr.. Whiting-We mean to show that there is no such
Office known to the law. objection sustained.)
O. When did he eyn 10 act Justice after the last
elections OBJECTED to. Same ruling and exception
To the Attorney General have the minutes of the
December term, 1851.
The Attorney General proposed to read from these
minutes order made by full bench at general term
Of December q, 1851.
Judges of the court had right to extend the December
term into another month though he conceded that they
had the power previous to the commencement OF the
term to alter their appointments This order made
the 27th of December, the last day Of the term The
order Of the court would be seen extended the term
only to the following Saturday giving to Justice Oakley
the power to extend il from time to time he deemed
fit Now, he (counseD contended that there
hority known to the law which gave court the right
In iudo md
distinguished he might be.
The Attorney General replied. and said that he sup
of the best minds OF the clearest ntellects in
the country-knew well what they were doing The
m too engaged on the trial were amongst the highest
tend that the statute clearly gave the power to the Judges
to act as they had done.
Mr. Clark argued at considerable length in reply.
The Recorder in giving the ruling of the Court, said
that the cause in the code referred to meant to
fer upon the court powers such as it has exercised lie
thought therefore under the law that the court had the
power to make that rule He thought it the fair and
just Interpretation Of the clause He admitted it
would have rendered utterly void and nuifed all the pro
ceedngs after that date but that not question for
this court 1.-THE objection was overruled and defendants
The Attorney General asked the witness If that was the
book of the minutes of December 1852 Witness-t is
The Attorney General then read the order, dated Dec
s'Superior Court-General Term.-Present, Chief JUS
tce Oakley, and Justices Duer, Mason, Campbell and
court held by Chief Justice Oakley be continued until
Saturday next and much longer he shall direct"
Witness continued-1he next term Of the court com.
menced the first Monday in january.
Mr. Chaeld then read several subsequent orders OF the
court extending the term from time to time during the
trial Of the Forrest divorce
The law reporter Of the NEW YORK HERALD recalled
by Mr. Whiting and deposedI present at the trial Of
the Forrest divorce at the time Dr. Quackenboss
examined wit ness State what DE- Quackenboss said
in his evidence his attendance upon Miss Josephine
Clifton, from the 10th September 1874 back to April &C.
Of that year. A. ! see 1t stated In my report
Attorney General-yhat won't DO. Can you remember
it independent of your report? could not remember
it independent Of my report nor did until my atten
that he had lost his book in which he thought he had
entries of professional visits to Miss Clifton O. State
what he said as to time? A. cannot remember it now
without reference to my notes. have not the original
notes with mo. Ipresume they are in the Office
Witness-I cannot prove anything by Mr. Iexows notes.
The Attorney General to Mr.. Whting-We will not per-
NIT you to read Iexows notes. but we are perfectly will
report, and put it in evidence.
Mr.. Whitng-It's rather long
Attorney General-Then We are willing to put in evil
dence Mr. Kempstons report Of the Testimony OF both
Doty and d. Quackenboss, but not of Dr. Quackenboss
alone.
Mr.. Whiting did not assent to this
Witness connued-I read the proof Of my report
ly every evening; don't particularly recoect reading
that Of Dr. Quackenboss the book printed from the
r Whiting said they would require the original notes
Of the witness if they could be had.
D..
Did you hear the evidence Of DR.. Quackenbess2 COB
eected to; overruled and exception taken O. Did you
hear Mr. Forrest say that If he could send Doty to the
State prison he would be willing to to hell or words
that efects OBJECTED to- ruled out, and exception
aken.)
T. r. Isaacs deposed-That he knew Mr. Doty six or
seven years. SO far as know his general character is
good.
BY Attorney GenesaI speak Of his general character
in the habit of going to public house-the Excelsior
to get meals every day and heard people speak well
Of him there believe Doty carver at that house
bad at remembering names. O. Can you mention sin
gle individual whom you heard speak well Of his general
character A. am in the habit of going there every
day. and heard people say he very Industrious
in attending to his duties there they people that
knew, but don't know their names Q. Did they speak
Of the general estimation of his in the
nifty? A. No; what heard in relation to his duties
at the Excelsior not particular friend Of Doty;
have no hostility to any of the parties have not ex-
of his.
Harriet Doty, examined by Mr.. whitng-I reside in
Burlington, Vermont; am sister Of William D. D'ty;
reside with my mother two sisters and brother at
Vermont; we moved from Rochester to New York in
1874; my brother, William NJ Doty, made visit to our
house al Rochester in 1S4J think he arrived at Ro.
chester in july think it in the latter part
of July; think it might have been the last week in
July have means of fixing the time received letter
fioln him after his return to New York. Letter
produced This is the letter
Mr. Whiting offered 1t TO the witness to refresh her
memory as to the date.
Witness continued-This is the Hrst letter received
from him after his return New York. it is dated 10Th
July, 1874 think received the letter within week after
lac left Rochester; think my brother was home lin
Rocheser less than week that visit; when he left
my youngest sister went with him; remember
versaton between brother and my mother the sub
ject Of his age. Q. DO you remember, and II you do,
please state what said between them on the subject
of his agey
The Attorney General in oectng to the question: said
It not matter in issue-it not part Of the res
jck-whether Nr Doty in Rochester not; he may
have BEEN but still that does not that Mr. Forrest
and Miss Clifton board the boat, to by
Doty He therefore commended that they cannot give
evidence OF the conversation the accused had with his
mother.
Mr. Clark replied, and after further argument
from the Attorney General the Court sustained the OBJ
lection and counsel for Doty excepted.
Q. State all the conversation bet ween your mother
and brother the defendant in which conversation the
subject Of his VISIT the his way up, and
his age, spoken Of.
l0biected to- Objection sustained end exception
taken
Cross cxamined-I this is the letter received
from my brother am IT IL In the condition
now in every respect that it then that stamp
then on it. Q. Did you receive that letter by MALL
A. 1t did not come by the regular United States mall
bun YnSt. oarl ie Tho