The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-16

become necessAzy 70 estimate what effect produced
and bis consequent confinement, and whether malice or
revenge actuated him. II was ably argued that the
sllegaions were MOI charged In . manner called
suags the Code Judge HltOn Of the Common Pleas,
IN The recent case Of Lazy Ely. Is HowArds Pr. B
difficult 70 conceive more posvs manner Of verifying
required. The vsriAOasscn itssan aday daily signed
deemed incorporated the statements in the plead.
ing to which Il refers, and thus constitutes t,e en-
starce. Code swearing certainly within al tie common
AZ o. RsS a :. 70 :vsrns1s .. ss
There II time obscuriy In the examination
whether the allegations verified the original
the attorney for the accused But the declarations OF
the accused contained In his counses statement TO tho
be admits sSas Ss did verify the slss atoms
besides be used copy verified in the precise language
Of tie Code containing such allegations and this use
upon the accused the onus Of Allowing that oath had
been taken. Such Of copy will allow OF perjury
R. seSS ths amended snsssr had i been received
In place OF the original, or there Is proc
heresf,er tina. formed the issues instead Of the one
confess that more doubt may be thrown the eria
Of the issues (wbart, Grim Law, sec 2.l7s) Various
upon me- but As this ID the subject Of distinct charge
ard Of another examination, shall here refer 10 the
pecrar circumstances preceding and ACCOMPANYING me
OF this charge time than usual for examinations
merely preliminary, because Of the henousaess Of the
lightly assigned, nor allegations maiupled un.er oath
tending to irjure individuals and abuse public justice,
without being carefully noticed sdudss that mere Is
oerce Of perjury in the suit of Brown, Brothers Co
against Henry Dwight and WIFE Perjury being an osoce
by statute become practically one, viz-Has an
offence been committed and II SO, is there pro-
s 20 the 10
Of to answer a the next Cour OF General Sessions
Mr. soushtou said that before that opinion consider
cd final disposition Of would ask leave put
in some record testimony which hs had used in
earlier stage Of the proceedings. This testimony would
show tina: the osnal had been used the
suit OF Brown, Brothers % against Henry wight aud
wife, and that therefore there natera,y in the
paragraph alleged to be false He would offer the order
Of Judge Davies declaring that the original should
be abar doned and giving Dwight days put 10 an
amended answer II was abandoned. Tney never hal
any decree under the FIRST answer made part OF
ISSUE part Of the proceedings the record ALL and
could not therefore be material The mortgage
forecosed for want OF answer and the DEFENDANTS
house at Bsrrytown was now scuay advertised for sale
M Hall conended that this evidence could not affect the
decson therefore he had objection to receive n he
quoted the Revised Statutes to show that it necessary
that should be all through trial until its
conclusion If II had been used for any purpose, any
proce edirgs that fixed IT, He COMMENDED that
used part the pieaoug when Mr. Dwight asked Tor
q commission, or 1t was intended to be used, was
ready for use, II the commission proceeded. commts
sion could not be had except on an Issue joined.
Clearly, then, there bad been al issue
the original answer, q month and dsy before the
srerded answer was thought OF. Corcediug that tbs
original was abandoned. II copy Of 1t had ever been
used Unnecessary to argue the point any farther
Ae had objection that the papers should be taken in
evidence.
Mr. Stoughton explained that the answer not used
the sense which his learped friend described They
had ask for relief In that suit before Judge Bdzeye In
Brockiyn introduced merely contingent ths
Judges deciding that there in existence
he did decce but the Supreme Court In general term
decided that he wrong, that there In
existence, and made order reversing his decision With
Costs and tina: plaintiffs have foreclosure default o.
answer being put In, without prejudice 70 the defend
ants putting In defence.
JUICE Russell said that he would permit MI. Soughton
10 put the evidence, and requested him 10 get certified
copies Of the papers he wished 70 offer, AID he would
take them into confederation -santme the decision be
had just rendered rot to be considered final. he
would suspend the final disposition OF the case and would
not hold Mr. Dwight 10 bail for the present.
M, EA said that he would next on with the charge
Of conspiracy 10 defraud, against Dwight, Spencer
Hotcbkiss the matter Of the Spencer lease, and Mon
day at half past eleven O'Clock fixed for that
purpose.