The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-17
Alleged Perjury In tho Forrest Dsvsrce Case
coUxr or GENERAL SESSIONS.

Bs6Dre Recorder lou ard Aldermen hsru ana Sunith
YEs io-TA. People rs. WV A. Dofy gr f'e.twy-
For considerable time previous TO the opening OF the
court large nun Der were assembled At the
anxious TO obtain admittance for the purpose
f witnessing the proceedings in this ordinary
r reporter forced his to the main entrance and re
,..ted admission but the anitor said that the court was
not ret open shortly afterwards dozen persons,
no personal friends of the dookeeper allowed
10 pas We proceeded to the private door but with no
better suece the official who guarded il informing ~
that only ufymen were permitted 10 enter II the jurs,
in this contrary 10 established custom consisted on
txe.ty or thrt, individuals this might have been true
for he allowed that number TO enter the court.
At last by eItresty the sturdy Official gave way and
procured .cess. We spoke to Alderman Smith the
subject and he promised TO have the matter looked to-
when We entered the court the entire body of it
hled With people many of whom no doubt, had 10 con
gratulste themselves their position from personal
.couantanoe with The dookespers The Hon. Recorder
and Aldermen having their seats the proceedings
ere commenced ~ the further examination u Megs u.
benjamin by Attorney General Chatheld
MriQs Benamin's examination continued-Q state
the substance of Mr. poy's testimony on the 18th, the
6rst day he was called
The Wtness-He began b. saying that he went up the
river in the steamboat Albany in which Mr. Forrest and
Mis- Clifton we're passengers, and he them come
o.rd and saw them the entrance to the gangway he
saw them afterwards in the state room hail. they
,ssa togeber a stare adjoining the he (Doty)
occupied when he got in the morning he had the
curiosity look INTO the room; he there bed made
',an he noor-T think he said with NO mattresses
but be positively said there mattresses in the
berth he ssd they went into the state room about
O'Clock he stated that he knew these parties, and
had for several years he stated that this took
place the latter part of June the beginning of July,
is4S then the examination commenced, and upon
that he ated that he them at supper and then he
them the siateroom hail. he had them there short
" after they had landed when he them the second
time in the stateroom hall, he stated that Mr. For
rest LETT Miss Clifton for short time when Miss Clifton
asked him Doty) III he were going to Saratoga = to
gongt and she said "she going to take little
turn with Ned; Sir. Forrest into the stateroom
hall sgsin, when Miss Clifton took his arm and they to-
gher proceeded TO the ateroom and locked the door
Doy went 10 his taeroom after and he heard them
taking and that he heard Mr. Forrest kiss her. that he
awoke by the waiter they approached Albany in
the morning and heard the waiter TO them that they
Albany and that they must get up Doy heard
Miss Clifton say, s'Ned, it is time to get up
there great many questions to how Doty had
been employed at different times, and where he had
lived but cannot recolect all OF them and also the
reasons for his wing place and going another
Doty stated that he had been employed at the Revere
House, Boston; J l. Moore's eating saloon, New York
at BENJAMIN Rushtons eating saloon, in the Exchange
and several other places, which do not recoect Doty
stated also think bat he had attempted to do business
equipments that the parties had procured the
assistance for half the wages that he (Doty) de
handed he AT the time of the trial steward Of Of
Albany boats and had for two years think he
named the boat of which he steward do not know
If the Columbia that he named under this cross
examination he became somewhat excited, and,
thought, answered little ut random Doty was asked
how in the state room hall when
he saw Mir Forrest to which he answered, fifty,
seventy tive hundred, but could not tell exactly y
think he said there might DO 500, or $50 passengers
board the boat. He became more positive to the
time of the under the cross examination and
fixed the year ls43 because he had not been home since
he nine oage and that then he went home in
the latter part Of July Doty questioned as to his
age, and stated that at that time he thirty eight
fourth Of July and he thought that he got home by
that time. Doty and his mother differed as to his age
bis mother told him Doty stopped Al the Troy House
going up and took the first train of from that city
s ss rsanrnea m''R H Sf stated
that he was in the employ OF Mr. Rushton at the time
this took place and that he occupied house
FArt Of house. in Macdouga street Of which,
think he said Mr. Rich the landlord. He said thai
Josephine Clifton and Mr.. Forrest on board the
arms Doty said that he thought he arrived in Roches
ter the fourth July His expression in speaking OF
his ayr that his birth day being the fourth o.
July he thought he arrived there about tina. time.
Mr. Chatfeld-on his being recalled on the 18th What
cid he states
Nj. Whiting objected and took exception.
Mr.. Chatfeld-What did he then sayy
Witness resumed-He took the stand again and sup
posed be was recalled do not know whether he was
called not but suppose he at the close of the
first examination on the l4th, Mr. Van Buren, said
he must not leave tosn-Doty having said he gonl
to Troy again on the ntz day-and the Court told Dir
Van Bsr-n they vifhet TO detan him he must sery'
him With subpoena Ioty said that he must go; thpl
thes Mr.. OCoror said 70 linn you had better remain
and DO%y said he would the stand again thu
10th, and was further examined
yy sfev1dence the Iyth. 80 40 Substance o
Mr. Whiting-The Court will objection to that
Witness resumed-Doty brought with him on the 10th
into court, small account book, which showed hi
transactions in Charleston South Carolina and he stated
and the book showed that during the whole Of ls43 Ii,
wa Charieston and that he had made mistake Of
year he also brought receipt for rent from his
dated 1874 at the time the occurrence took nlace on
board the BOAT Albany think the receipt wa. dated in
May, but know il dated 1874 he the stand
he sad TO correct mistake he bad made ola his
return from Rochester he ted all the walters of the
and also said that he merely changed the from
1919 TO 1874 Miss Clifton introduced herself in 1883 to
Enxr haa In, szt@v
where lac steward, and she asked him to make her
comfort able tao FIRST examination Doty stated
Of her " angelic -miies =
Cross examined by Mr. Horace Clarke -Doty said tina,
he brought his youngest sister with him from Ro
chester to New York he said that his mother and
two other sisters soon followed them TO New York
the question TO the particular time that he arrived
at Rochester, was put on cross examination Doty go
excited discrimination; tho cross examination in
relation to his business and the many places he had beer
at was rather calculated to excite him the cross ex
animation was rapid although have heard as rapid
Mr. Carfe-were there any slurs or comments caicu
lated TO wound Dotys feelings was not the laugh put
upon him by Mr.. Van Buren, Al do not recollect.
Q-DA not Mr. Van Buren, put questions to him that ex
cited . laugh Al do not recolect; Doty did not be
excited until he cxamiped to his bus
ness cannot say who put the question to him as to
the name of the boat Doty said it night boat and
named the captain Of the boat and said he believed that
he boarded on board; Doty said it the steamboat
named the captain; Doty did not give any positive
answer, ~ ~ know in relation to the captain Of the
hurrediys A~ide not think he had mech time; think
the time OF bis arrival at Rochester sexami-
nation, have doubt it examination for
the direct examination short the language that
Doy used In speaking Of the time he arrived at Roche
was II think arrived there the 4th Of July my birth
day that day Doty said he remained there four
or i've days. and that he arrived at home Saturday
night but did not give the date; the time he took the
trip to Rochester he said that be lived in Macdougal
street he fixed his Acquaintance with Miss Clifton from
1883 and that he had seen her frequently at different
places be aid he knew Mr Forrest by sight when he
Misc Clifton board the boat she first adres him
thee shs gave him the angelic smile there several
issues submitted TO the jury; there ques-
tons in writing, two Mr.. Forests dence and
to Mrs. Forests residence the first and second
questions separate issues in general terms whether
Mr.. Mrs. Forrest had committed adultery the issues
general whether either had committed adultery
Q-was the question submitted to the jury whether
Mr.. Forrest had committed adultery 9TH Miss Clto
board the steamboat Albany. in 1874, taken into
consideration by thems