The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-03
Tia Examinatasa q Henry Dwight,
on CHARGRs OF PERJURY, KMBKzzLKMRNT AN


The examination Of Mr. Henry Dwight On the above
charges, In connection with the Management Of the Chi
oage, Alton and b. Louis Railroad, resumed yester
day, before City Judge Russell, IN chambers.
Mr.. A. Oakley Hall appeared for the prosecution, Mr.
HouShou for the defendant and Mr.. Trueman Smith for
soue Of the creditors Of the road.
Mr.. Hall presented the papers In the OF Steele
againss Dwight when Mr.. Brown went bal for Dwight,
ana subsequently, surrendered him up the Sheriff. the
object being show that hostile relations existed between
Brown and Dwight In February, 1856.
GARRISON NJ Potter was then re-examined BY Mr. Hall,
and produced memorandum OF the lease Of the rail
road Hamilton Spencer made between Spencer
AID brown, Brothers 90. He (vitness) proposed IN
Messs Brown and Spencer in pursuance Of which
sxnmeus OF the lease given he finds that WAs on the
ID sspsmSsr isSs he hal copy ., nj. MADE nae pss
ment rgned BY Brown Brothers Co. DO nos reool-
lecs that he present vhea WAS signed by spencer
was signed by Spencer the counter Of the railroad com
pany once think he called In from the adjoining
room 70 sign IT, but whether he was In the room from
which he wAs called not do not recolec has moro
collecuoa Of seeing Dwight than once that
day, NJ an interview In tho morning In Browns
Ones, where ] hrst made ms soqqsnssnce-on
present which Interview tho arrangement between
the Browns Dwight and spencer was gene over, and he
WHICH Il the paper nov produced does not think Dwight
ever saw thai paper until 70 day
Gross examined by NJ. stoush.on. II have got me as
pared produce now on the 9Th Of November wrote,
n Browns request 10 Spencer and 10 Dwight then IN The
west stating that copies Of this assignment and mortgage
Of the engines had not been received and desiring them
be sent Afterwards got letter from spencer saying
zs and 90 The Soh rot the papers from the hands Of
Dwight Spencer's letter suggested that did not Ind
the papers could prepare others; dd prepare others
and sent them him, and December 2s he wrote me-
returning the assignment, executed, and stating
that be would send the mortgage when recorded.
second lease drawn the 18Th October 1855, 70
correct CERTAIN verbal errors the rst and for confirms
ton thcy we're the date; was first consulted BY
TIE Browns on the slss o. Aasu:t isss = esore ms1
and Doc and Spencer the following day. Ssember
l. he interview occurred between Brown, Dsght, spea
spencer drew the note for sisocco and Dwight
Mr.. Hal sA,d that he rested the prosecution her.
Mr. ssushson ssd ihai he bad rsb, 70 cross examina
bor afssr the Judge examined Mr. Dwight, 70 which the
Judge-Mr dwight, you are new about 10 be examined
tins charge Of perjury You have right
represent you here can introduce any testimony for your
dsenoe Inc usual Questions were then put BY the Clerk,
O kr Dwight, what Is your age A. Thirty, and up
wards
o wha, Is your place Of BIRTH A. Geneva, Ontario
O What your occupation A. have no business
H.ve you anything 70 say and So what, a 70 this
isDooso, Of such chsrge-such rroundless charge
Mr. stoughion said that be would then move that Mr..
Dwight be discharged on the ground that appears
V before bm Honor tina. no offence had been committed
me charge based on an answer Of Mr. Dwight and his
wife suit brought against them by Brown Brothers
% for q foreclosure OF q mortgage their house In
Barytown In which II Get forth that the Browns de
sired 10 ge control Of the railroad from Hamilton spencer
for the purpose of paying themselves certain deb due
from H. and the evidence, he conended had shown that
this did procure the lease from Spencer, a. alleged
not enough for the prosecution 70 show tha, what
Dwight swore Information and belief was false but
they must prove that he knew 70 be 20 and had sworn
70 vilfsly and corruptly He commanded that pro
secution could be sustained 10 this case would be a
HAZARDOUS thing for 10 defend himself In any suit
The doctrine sought 70 be established here was alarming
There wM proof, the allegations were untrue,
that Dwight did NOT believe them 70 be true the informa
ton he had and that the Distinction between vhs
v1 perjury and What was not with these views he SUB
mifed hs motion Tor discharge, with confidence that
there vas no evidence 70 show wu and corrupt perjury
The case was grave one; and the part OF
not that Mr. Dwghs character would be blackened and
stained forever matter how ended or the feelings
~ hs relatives wounded, but such prosecutions were
10 be perm tied charging with perjury for Allegations
o. ipfcrmasos and belief In suit IN court the etmos
b. sure thai his honor would decide . lawyer AMI
iargs mere not n The elements OF viIfu ana
oo,rups pcvjury IN The CAGE
Mr. Osaey Hall replied He commended that the auestor
wbesher Mr.. Dwight was guilty Of perjury bu,
whftber there probable cause 70 believe 90 IA
held that charges were easy 10 prove and hard
W de'cnd self against but well known thai
perjury vas the very contrary for no one could tell
msos motives Mr. Hall quoted several authorizes 10
tbet than Information and belief for he knew the whole
bssosy o. NE uansacon. He that The Browns in
auesa Spencer 70 mske The lease and sessn 70 teen,