The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-29
Exsmin alton OF Henry Dwight on Charges
OF Perjury, Embs xzism ent and Fraud.

Exsmin alton OF Henry Dwight on Garages
Of Perjury, Embs xxism ent and Fraud.
THE EXAMINATION WAIVED, AND Mr.. DWIGHT DIS
CBARGsD
The examination OF Henry Dwight resumed before
Judge Russell yesterday, but brought 70 . sudden
conclusion BY suggestion OF his Homer thai c,unsel
both sides should waive further exsmiI alton all the
charges and let the papers be given 70 the District Aor
ney 70 send before the Grand Jury he sdviaed
Counsel accepted the suggestion, and Mr. Hall consent
ing to take Mr. Dwghts individual recoguzsuoe 70 aprer
and any further action should be taken In
the matter, the defendant gave his own bond aod was
then discharged. The proceedings yesterday seemed 70
possess more than the usual interest," probably because
Judge Russes final opinion the frat charge OF perjury
was expected; ana quite large number OF Mr. Dwighps
friends we're present Among them were Benjamin r.
Batter, COL Mckinney, Orsamus Bushaell, John A.
Luqueer Or. VAIoenburg, Isaac v. Fowler, f. r. Mar
bury and James Il Woods Messrs. Hall aud stoughton
berg boh pre- sent Mr. W. e. Scott said that he appeared
In behalf OF certain income bOndhoders having bonds 10
the amount OF ooo, for which the income and earn
Des of the pledged for payment aud they were
anxious TO know what had been done with tho money.
They wanted Information about an affair which they
eSpisn why be Was there Mr. stougbton ihought that
the gentleman might obtain what ne wanted IN civil
suit.
Judge Russell hen said that he had made suggestion
TO counsel both sides, and would now repeat IT, that
unmuch % he was under an epgaseme 10 hold hts
Wsre frtSer eysmsaton before hin, and let the case
60 before the Grand Jury, the d ct Attorney should
be 80 advised He made this suggo lon, however, with
out ntmAtng his opinion upon either of tho charges be-
fore him.
Mr. hall said that this course would be great hardship
the prosecution, particularly a. 70 the first charge,
which had been fully heard and ought TO be disposed Of
Now, that charge could mot be considered IS decided
still oren, Just was at the time Of the arrest
Judge Russell said that II must rest So and he would
express opinion. Evidence had been produced TO him
by the counsel for the defence showing that the first an
had been acted upon in any suit no would
repeat what he had said before that that fact might affect
the question of materially. Counsel on tho other side
showed that had been fled 10 Poughkeepse, and averr
ed that bad been used peadings in cause. How
ever he would leave the charge 10 be disposed OF with
the other.
Er. Stougbton said that they anxious 10 proceed
with this examination before his Honor, inasmuch as
they had doubt that would result In exonerang Mr..
Dwight from all charge, not only OF crime but OF blame
that they were prepared 70 proceed with the investga
ton, and felt Satisfied that such would be the result
which this time devolved upon the Court and should
be glad TO relieve his Honor from further labor In this
MATER that under tie circumstances, and IN view OF
Of the ntmaon Of the Court he would advise his client
TO enter into his recoguzsnce to appear and answer
any and all charges that might be made against him be-
fore any proper tribunal but should not advise him TO give
surety that effect this might give rise 10 the suggestion
that he not anxious 70 meet the investigation here
which he He would therefore, advise Ar. Dwight
to enter into his recogDiznce only and let the prose
cuton act they peased Afterwards he could not be
discharged on his own recognzancc the Investigation
must proceed
The Judge said that the statute wus peremp,ory, and
that satisfy the form OF that security necessary
but counsel for the prosecution was willing TO accept
Mr. Soue htor proposition ne coud do so; whoreupou
Mr.. Hall sccoded 70 IT, and Mr. Dwight then entered into
his own reccsnizance in q, 600, and was discharged