The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-04

msst d - agreement ABOUT the BArryto~n mortgage;
houshe dsieLdsp bad Fair rghs 70 cia thss 10 oase
tuted for be paios In regard 70 the other SEQ ites
one o. which was an assignment Of the lease; sapp~e
TOE nrss answer was N Baxer's writing; kno nothas
OF The aocree given last week this suoect ~ Pooeh
keepsie; Dwight never showed spoke 70 me Of cor
roepopdence with the Browns regard 70 this Allegation
John Baker Ie-txamiDed by Mr. StoaShton- wnen
asked 10 relate all he knew ABOUT the wing OF the
answer he stated that hs health In such coudson
Of the ums hn be could not draw ous Of the mist and
darkness IN which bis mind was wrapped suco clear
matter be desired TO give 10 that The rst i'm
precision hat he received from D~ght after the ccmpaio'
, 90 n @ ne mao ~ 'nss
ties On whom he relied for defence absent was
necessary thai he should have delay there great
70 make substantial defence; OF those books,
be understood, we're taken TO Illinois long be-
fore the suit commenced; others were locked
up here under an attachment from Judge OOwies; oy
reason d this found serious obetacos 10 90 ting
matter for an answer; all thu time M Potter very
scsroer cay tia. something bed DO done
about this forsco ure the action laid In tue SECOND
judicial DISTRICT and had often " be 10 Dotchess, Kings,
Richmond counties, and elsewhere on short notices. IN
getting f,r answer, and other thing equally
nporsant 70 Mr. Dwight think my faculties gave way
my impv:s:eo now y that NJ Dwgos Sld MOI SAINT me
answer; have for thinking so found
paper letter from him AFTER got better, aud my reco
being Questionable 70 him, and thiux said thai he
could mot swear to those par made no store Of that
letter, and ~ lost then al connection with the suit,
did not trouble myself about II nor lie contents; also
heard that In making second Mr.. Stougnon left
out this offensive matter don't recollect DISTINCTLY
any osnver'a.ic with NJ Dsisn: previous 70 drawing
getting the sworn TO; not my Office theo;
have recollection Of any conference with eight about
that answer; my impression rs vague one thai he did
GROSS examined by Mr.. HA'l-Ny health was pretty
good when became assignee for Dwight March 1885,
got III After the commencement Of the suit Of BrowI
Brothers ainst him; Mr. Dwight In Edrdge street
jail when the complaint was served got the complaint
there Tho n.ss q Of, matter refer .t 70 , make
Dwights private books, securities, So. was not
furnished With copy Of the Barrytown mort
who composed the objectionable paragraph; PROBABLY
old; composed The information came from various
sources II discovered BY lawyers and others In the
prsop, but think not In Dwghts presence; had not
copy Of the agreement between Spencer and the Crowns
one instructed me 10 60 70 Bliss counsel; vent
my own responsibility; visited Dwgh. frequently while
vas preparing the answer; when made the aidavis
IN the believed the facts 10 be oiute,y
recolscted them there . commission issued 70
s%iDs spencer N mat case tn1s tnsa ssousn.on had
plant served had heard that the Spencer lease
alleged 70 be fraudulent retained TO defend suit In
Tho testimony both sides being then closed, Mr..
6oughtou before proceeding 70 up for the Defence
said that no would wish 10 Be sworn ~ Witness but
without being sworn and Mr. oushton accordingly made
the following stAtement:-
About The time Twas employed By " Dwight, - sisted
BY Mr.. Mas, in the foreclosure suit brought BY the
Browns was much occupied with PROBES sion engage
mens, and hence unable 10 him early and
The case and prsps,Ds tho defence One Of the earliest
subjects brought 70 my NOTICE was the answer which
understood had been put in and which Mr. Dwight was
nasmuch - had been prepared, he said, and sworn 70
In much haste and he expressed 10 the apprehension
that might mot present his deenoe funny in all 70
spects - he desired BE moreover stated what tben
knew that Mr. Baker bad not for some time previously
been such state Of mind 70 enable him properly 70
verssons The case, and very soon asr was
employed, that portion OF the answer referred 70 In
maics wss alluded 70. told him that in my opinion
serted Part Of any pleading and told him should
leave out Of any amended answer might prepare; Mr.
Ss ana had had % sssn
70 hna for verincaiop, and that In reply 70
his objection Mr. Baker informed him tina,
this cutie evident from the fact that the Browns
had really the control Of the road and Of It's esrnoss
stance the legal conclusions rom the fssts prevouy
stated in he answer. Mr. Dwight further informed me
that NJ Bsker ipswed the ought 70 be
shown, and that necessary 70 verify then
the time about piring. These ssasemonN
Of Mr.. DwRht were not made 10 In connection witn
20 tar - .nsw OF nsn 10 consequence snS s0g
Consequence Of his Dissatisfaction with forming
part Of Pleading which imputed 10 some extent worthy
motives the Browns my advice thai this aegs
ton Shouts form no part OF the given by
Of inimaton that was false, bat solely because
thought immaterial. At tho request OF Mr.. Dwight
did, ri tie earliest time possible propose IN amended
answer Offering In some respects from the referred
to- and leaving out also the paragraph 70 which reference
me apsver 70 which he referred % having been thus
verified the ossinal, Of which copy was under
stood from him, served upon Mr.. Potter.
Mr.. etooghton then renewed his motion for Me dis.
charge ofM Dwight the facts then before his Hour,
supporting bis motion by argument 70 the point that
sbe motive for perjury wS 1t ouce removed when Was
shown that NJ the earliest possible moment be made an
amended answer, striking out fhai part which be bad
been almost forced by his oounsel whose mind Vas not
ss aS ne 70. n,
hesers Brown. u was absurd 70 charge Dwight With
all The frauds In she management Of the railroad while
the Browns were all parties 70 making the lease More
over, the lease which was called fraud had been de-
clared BY tho supreme Court Of Illinois good and valid
Mr. stoughtop owen Il some length the evidence OF
Bliss and Baker - showing that Mr.. Ds9hs vS not
wiling that The aisgAsioo about the Bro~ns should
make p' r. s r. -Ss -. :.s .s: n.
and that NJ D-isSs, on ne nrss opportunity, h.d a
,u,cfep out He denied ths malice, The viuness and
the corruption charged In The Transaction.
Mr., Hall replied briefly % The le.dins points n n,
Soughtons argument, consendirF that Dwight knew all
about The answer while uas being prepared tnas be
knew better than any else that the fscs 70 which be
the corrupt motive was 70 be found In the
sevnt Brown had Mr. Dwight ipcarcerssed 10 Ddridse
street jail at The very time This perjury wss medissed
He sismatzed Mr.. Dwight . man Who did not exhibit
malice In words but In acts He thought that WHOM
his Honor Investigated this he would dnd In one q
the most nseran. ou'ragss on public justice.
me then closed with fee remarks nom Mr..
souebton.
Judge Russell said ,hss he would give the tsetnouy
close pvesis afou, for q very grave charge, and
would give his dccsion Friday pext Al twelve ociock.
The British Outrage.
IRON the Nea Orleans Bee May %
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