The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-18
Alleged Perjury In the Forrest Divorce Case.
couRr OF GENERAL SESSIONS.

Fys 1.-THE trial OF w. NJ Doty resumed this
morning and the court and to it crowded
TO excess being generally supposed that Mr.. Forrest
him elf would be examined. Ills testimony not, how
ever reached. lie was present as before.
The iurv having answered to their names the first Wit
ness called and examiHed by the Attorney General was
solon H. Lathrop, who depoed-He resided Ia Buffalo
was in the Arm of Je sett 4 Co publishers be kne"
Mr.. Forrestl thought he playing an engagement at
the theatre there in 1874 aud that he returned mere IN
July the newspapers contained ne d NOT recoect ~
him himself at the theatre playing uiu not recoe0. AZ
what house Mr. Forrest siopPa san S be az 's
the American but did not reeoeo' seeing ni neio' "a
file of ne wslapers banded upJ - .
Mr. Clark-stop moment win that dof
"a fresh recollection. Any memorandum made by
himself might refer and should like TO hear the
o~After examining the fes state from recollection if
you can what time Mr. Forrest commenced his engage
sent and when il endedS
Mr. Clark objected to after examining the fles" Job
lection overrued, and exception taken.)
Commercial Adreytiser cannot swear as to the day
Mr. Clark wished to be understood ~ excepting
Mr.. Chatfed-Ihe question is after having examined
the files state from recollection, If you can when Mr.
Forrest commenced his .gement and when il termn
ated OBJECTED to. Objection overrued and exception
ALJudging from the files, between the 5th and 18th
July ls44. ANSWER objected to-
Mr.. Chatfed-Ihe question now is: whether, from
Mt whiting objected 10 the Attorney General arguing
The Court had ruled upon IT, and there question
bsfore the Court.
Question repeated Ale could not swear positively
Q-Do you remember seeing advertisements at that
timer objected to, and withdrawn Could not re-
member who with Mr. Forrest; public house people
had registers of arrivals (Register Of American Hotel
Mr.. whftins-Is that your register,
Mr.. Chatfeld-He knows the book
Mr.. Clark don't know that object TO all these de-
viatons from the rules of evidence Mr. Whiting if they
The witness, after examination of the book said he
thought that the book of that house
Mr.. Whitng-Please 20 tell us what you by you
tninkfp A Familiarity with me o Sritin
Q-Do find names you knew guests Of the house,
and exception taken Alt resembles the handwri-
ting of the clerk which peculiar he had
any like all he hadn't doubt it the beck Of the
house stiffness with Commercial
Advertiser and had charge of the files had been for
si9 years not at that me-lS44; Jewett Co. were
not the propretors, but the printers they in
1914 but he not with them; there two firms
the other propretors, and Jewett member
II both.
Mr. Whiting desired the explanation might be so placed
precede his objection to the production of the file
Cross examined by Mr.. Cark-Did not think he could
from memory, state fact in 1s43 1874 unaided did
not speak from recollection when he said Mr. Forrest
there in 1874 could say whether he was there in
1873 or 4e there were particular circumstances at
ales Of the paper. oThen you recolect seeing him,
but aI the time by the files Of the papers A-Yes Q.
not where seen her. did not say he had not
her in Buffalo; had seen her PLAYING. Q-Was
Mr. Forces, playing with her Objected to BY Mr. Chat
Oark-If are entitled to prove that Mr. Forrest
vas ever playing with Miss Clinton entitled do
Thy this witness, or any other, examination
Mr. Chatfed did not mean to have the minds of the
jury led away from the issue.
MI Clark commended there was no such rule and
vas that on cross examination they must conne them
selves to the subject matter of the direct it is relevant
Whether not is another question the Court
The Attorney General argued it irrelevant to the
transaction on the North river
Mr. Clark supposed be mistaken about the date.
Mr. Chatfeld-That is begging the question. Any man
indicted for perjury might set up the same thing and
whether he criminaly mistaken seem by he
course adopted that counsel satisfied that the fact is
I desire 70 Keep the faet clearly distinct and
nstaken-and, then If don't show that the mistake
was sSrr s designed and malicious he may be ac
parties, and those placed the stand examined into
take the objection here, because the pur
sued by being settled will much trouble
The Court sustained the objection and
Mr. Clark took exception and wished to give notice that
they would demand that the other side be kept the
same rule and not go into anything beyond the fact
itself in the 1874 because they thought the rule
had been differently laid down during this for the
dferent sides 1t seemed to be the examination Of
Mr. heigs Benjamin.
strict rules of testimony on both sides.
Mr. Chatheld-This is not the time believe that
courts have been insulted here.
Mr. Cark-t is but fair that give them notice that
No require them to keep within the same rule.
After a few remarks from the Recorder, the breeze
hlled and Mr. Clark continued the examination.
@ Did you Mr. Forrest and Miss Clifton to-
getherY Objected TO- and ruled out exception taken
Mr.. Whiting wished 70 know whether they meant
TO put the book in evidence any part of it. otherwise
4uire the witness to remain.
Mr. ChatGeld would give the whole: he was not bound
% point out passages he intended to rely
Cross examination Observation-Disclosures OF persons had
written in it, whose writing he did I'D
18th Of July 1874 did know the writing the entry
the 1st could not tell whether there altered
entry aitsr examining pssel could not see any altera
under head of lat July which he did not know did
know any Of them; did not know any the ID; knew
tie names Q-Go on, and tell whether there is any
Handwriting that know The FIRST he recognised
the 9Th August, that of Thomas E Walter. Saw him
write; knew him; he was forwarding merchant in New
York. The occurred again under the head
II September 18th. Saw his in September,
wrote IT himself saw another pane he knew the 14th
October; there another John Bull Uaughter.) o.
Where does he liver Ale did live Buffalo After pass
ing through two three others in the way, be
tinued He the Of Thos p Walter could not tell
that the from the writing, but had him
write frequ entity that he knew it became connected
With the firm six years ago. lived in Buffalo from ls43
1877 absent occasionally; absent in
time more than two days could not from
collection that he not absent in July 1874 for week
did know, in 1874 who published the Conneral Adver
Hodges kept it; he lived in Buffalo and kept still
To Mr. Chatfed-it was the Presidential election year
In 1874 and he recoected he at Buffalo in the
mer; could not give the month from recollection but it
Was in the summer he saw Mr. Forrest there.
Henry W. Merritt FIX Police Justice, examined-was
present at the trial between Catherine n. and Edwin
Forrest in the Superior Court during considerable part
Of the time present when Doty sworn, he
sworn by laying the hand the Bible; heard his exam
nation all the direct and part of the examination
recoected what be ad in relation to the Of the
boat, that it was the steam boat Albany, Captain
Macy"
Co.'s examined-Could not say what day Of the month
was he examined, the day Of the week; had
seen the book which Doty sworn several times,
never opened II I read it-(laughter) could
not say he it before Doty was sworn ;
meant 70 say he was sworn book it
was in answer to the question to the Of the
boat thought It put by Mr. Van Buren, thought he
had it the direct and the examination
did not recoect any publication he might
said 'steamboat Albany think Captain Macy but he
said steamboat Albany certainly did not recoect his
saying he had endeavored to avoid being a witness o.
DID Mr.. Van Buren, ask him whether he had been TO
Mr.. oConor's Office ? A-Yes and he answered he had
been and that he told Mr.. OConor he knew nothing
about il, and Mr. oConnor replied I'VE know better =
something like IL did not recoect his saying that he
had said SO because he did not wish 10 be brought
up witness he might have said so; didn't recolect