The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-20
Ex~msnsssor OF Henry Dwight

| tA~nnmsuOu OF Henry Dwight
| CHARGES or PEsJUAY, EMBEzzLEnENr AND FRAUD
IN CONNECTION WITH THE CHiCA AGO, ALTON AM
st. LOUIS EAILROAD COMPANY.
The txtmiuatcn OF Henry Dwight, banker and broker
OF Wall street. 90 the above charges, resumed yes
tsrosy before Juage Russell in cnambers Mr. Dwign,
shs presect With his Counsel MIR. Stoogntoa, and Mr..
Oakley Hall appeared for tne prosecution There was
lesse rrmber of persons present
The first witoees vas Frederick A. Emigh, VINO was
sworn and examined by Dir. HALL am engaged In the
Office Of the Clerk OF Duchess County. produce here aH
tie papers could find ale In that ofoe in the suit sf
Brown and others against aesry Dwight and wife they
comprise afidavits and other pspors.
Mr. stoughtcn said that the frs answer Of Mr. DWIGHT
had been filed there, and he bad . certificate Of tho
Clerk To prove IT,
Mr. Hall offered afidavit OF Mr. John Baker and Mr.
scushton objected TO his reading It. Mr. Hall ocnteudsd
that In prosecution for perjury all papers used by the
accused 10 this action wore admissible. Tho Judge al
mtted the reading Mr.. Bakers affidavit was 70 the o.
feet that on the 18th OF January he directed bis
clerk 70 post the In the suit tho address OF M
swei was signed by Dwight and mis- wife, with whose ai
natures re was acquAoted and that the said anSwer
30 posted by his ciork, Mr. Tuyford.
Crees-exsDipcd by Mr. Ssoughtou-I have been four
years in the once OF tho Clerk OF Dutchess County have
here produced all the papers could nud in the Clerks
office pertaining the suit Of Brown aud others against
Dwight others arrived bore this m0rnog from POUCH
keepse; came al the Cork 8 request; George 81. romp
kns the CLERKS name Witness, 81 the request Of
he brought with himl was first requested TO look
for these papers BY no one except the Clerk ;
first delivered them TO Mr. Hall arriving here 1t ten
O'Clock In bis Office he did not her possession
longer than from aye to ten minutes they were in an
open PACKAGE rompkns had been clerk OF Duchess County
i've years on the rst OF last January papers pertaining
suits are in that Office at least nteudto
do 90 or not Know To%pkins, wiling this IL bis
signature Certificate Of filing OF the answer January T.
1851 Ihave not that answer In the papers here pro-
ouced. don't recolect ever to have seen IT,
Joseph 7, Mills sworn and examined BY Mr. HALLS
counsellor at law, and commissioner Of deeds In this
asnn no~ .aa
] reoolcct being called on by Mr.. Dwight 70 call
at his house 10 administer oath called and there
Mr. Baker, and administered oAth TO Dwight and
his wife believe also Baker there, and that Is all
know about his being his attorney do not recoec any
times and remarked that he bad good deal Of swearing
TO be done Dwight said yes that he heavily 10 Iii
CATION DO not recolect swearing Dwight and his wife
three times Dwight usually swore think and did not
affirm; don't remember whether on the Bible, or
within perod Of SIX months tina. was sis souss @'s
is mere guess; he was never at my down town Office;
recolect being Dwghts house in the winter me for
other commissioner Of my name In tho city.
Mr.. Hall said he was willing to admit that Mr..
have been In the Clerks office Of Dutche1 county, Blu!
was not on file.
Mr. soushton said that he would not go into that ques-
ton now, but he knew all about Of his knowledge
He meant 10 show before he was through, and would
show that this amended all true and that no
to him when he struck portion Of II out Irrelevant
In answer TO Mr. Stoughton witness said that was IN
January 1857 that he swore Dwight and his wife in this
suit; but he would not be positive as 10 that.
MFR. Clarksou N. Potter affirmed, and examined by Mr.
Halls q counsellor at law; knows Mr. Dwight, pre-
sent reoolects the suit Of Brown and Others against
plaintiffs 10 that action have with me the public papers
belonging TO that suit In my possession; have copy OF
the complaint; the original has been MED produces
dorsed by Mr. Baker and copy OF the answer served at
the time OF the motion for commission the answer
the one produced by the Clerk Of Duchess county,
ceyed from M Baker Sd January 1865 and purport
ing 70 be copies OF moving papers
MI Soughton coneuded that they not copies, but
the original papers filed with the Clerk.
After some conversation between counsels-
for Messrs. Brown Brothers Co In the matter Of their
obtaining assignment Of the lease Of the Chicago Alton
and St. Louis Railroad 10 Hamilton Spencer; the date Of
that assignment cannot state from recollection exactly
think Il was In November, 1855.
Mr. stoughton-Your affidavit sets forth the date,
Mr.. Hall. suppose you won't 60 back Of that merely
wish 10 aid you by this suggestion.
Mr.. BALL. know; but prefer 10 have Mr. Potter
Mr. Stoughton only want 10 save you trouble.
MI Hall-we, prefer my s,oughion bitsers after din
ner, you please.
for Brown Brothers since January, 1885, received
another copy OF what purported TO be the answer Of
Dwight and wife in the to which have referred
the Goth OF January, 1858; declined TO accept IL;
produce now; cant say whether We kept IL since or
the handwriting Of the words and figures, "Rcd JAN
20th '5s endorsed on tho copy that Of my brothers.
r G. Potter have rec, election apart from the endorse
ment the time the copy was received; found Il
as Il is now u was stated TO have been
Just served, and my attention 70 the date was
drawn mere particularly By the date Of the inrat
In Tho ding nj tha be
FORE then caused notice TO be soni that could not
acoept It, and Mr. Harriugtons clerk returned immediss
Is spoke with about IT, don't distinctly recollect
that this occurred on the 10th OF January ls5s but taa
was in January, for Il after my Office was changed
in November. Witness here examined the paper, and
stated that he OF or scratching, but
the agure $50 looked written over This served
snor the order your motion tor commission was act
tied which on the 30th Of Decombcr, 1851; no pro
ceedpep werc taken that suit from about the tmo the
motion argued 10 January, 1851, until about Deccm
Der goth Of that yoar that pow recocct except noticing
the orders for sctHeDt as Browns counsel before the
lease 10 Spencer WAS executed, examined the same
don't call lease, however that ia IL you ande to the
agreement between spencer and the Chicago, Alton and
"a Louis Railroad Company for the operation OF that road
sometimes styled "a lease this agreement was sub
mcd 70 me fer inspection and app oval before II was
executed, and cnefuliy examined By me Al tme
allowed aud suggested certain alterations IN the DRAFT
submitted mainly, as can now recoieet, consisting In
sddions 10 that draft this instrument finally pre-
Pared and executed m form met my approval and that
was all; instructed TO examine Il, but had
nothing TO do with making the bargain; as express
prepared by Henry Dodge, deceased entirely aud sub
Inilied complete and the same morning suggested
the changes referred TO- and they we're adopted The
lamentations got cueossed In the wrong paragraph, which
led another instrument being executed by the company
IN correct pbrseoogy The original PAPER used the term
aforesaid" where nero really Aforesaid. Both
instruments thlnk assigned 10 the Browns; the
second paper cited that there Ia the FIRST
They bore the date and we're conveyed by the
same assignment in the plural Probably there we're tw
assignments @ Mr. Hall, where did you get the copy In
this printed bo0kY
M Hsll-rhAi came from an Illinois newspaper.
Mr. soughton-From the nature Of this cSse might be
expected that OF came from newspapers out West
Mr.. Hail. n night bo expected too, that Mr. Dwight
stole the answer
Mr.. soughtou-I think thai remark quite improper and
uncslles for, quito 20.
wnncs- mo hrs, instrument exccutcd on the 3lss
August ana the second In October, 1855 was informed
that lease for running the road was determined on py
the coup.py AMI was drafted by Dodge and desired
10 see u met my approval, and suggest anything that
occurred 10 me interest OF my cicnts Brown Bros
A % by stewart Brown. This some time previous
10 The assirrmen, Mr.. Spencer had to leave town,