The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-03

vhsrsas he naAs ths lsass hmssK Spencer wus ely
n soc sny scs:d $500 sarsssssss s:s ~no.s .1:a
Rswsar, and b'asohferd, whs sw.re thai he himself
took he esssnmsat q ne lease 70 Browns once 70 be
WIN !: =, svss ss. ss
hiad information end bsse he knew oil about the trans
action. was the most wilssl knewiedse that could
eye Of the law. NJ Han conteadsd that the assignment
Of Tho lease was MOI properly N assignment but mort
gage accepted BY the Browns security for their loan
The de(eudant country seat 1t the real
curly and mol the lease was a ono security for the
money lsak The complaint set forth the debts for which
OWED ~.' 2 s. secured Ss
the Browns we're the real owners Of the road their agree
ment bstweea them and Dwight was . solemn nockery,
foreclose the mortgage. They would be thrown cut Of
any court they brought sach suit was fraud 70
make man appear leaee when he Va: NOT and y shs
charge against the Browns they were, therefore, liable
70 law II the charge was true he succeeded IN show
ing that this statement information and belief, was
wully made, end that Dwight actually the man who
made the lease then he had only show that there
corrupt motive In the commission Of the offence u was
evident that Dwight was 70 eajoy some aovso
Dwights motive OF revenge for Browns surren-
dering him the Sheriff and having him seat TO prison,
putting IN this answer, Charging him with aud sadoon
meeting his respectable firm with what had bean acknow
lodged BY the whole community q fraud he charged
that the os respectable firm In the United States bad ~
tempted 10 forecose bis family homo on pretended in
debtedness. he thought IL was case Of the most
w sad s.ss ing dss III.
u: SnTs: Dwight .snss the Brown: Of
astounding charge or frand, and just such one
would 70 in revenge for having been cast into the
debtors prison Of this county. He had doubt that
road sharks or other but that he was the nominal lessee
of respectable firm . malicious charge. Mr. Hall
then proceeded 70 show from the evidence Of Mr. Brown
and others that the facts alleged in Dwghts answer
false. Where the allegations were not legally false they
were uncommercally false, and malicious . more
s the ana
With regard 70 the annexed answer he would say that
there was fight Of Mr. Spencer after he made the
part Of which substantial perjury is stricken out
Of IT, II it Ii ever found viii be seen that there was
mental fight also on the part Of The defendant VIE.
would find perjury in other allegations in than the
before bis Honor. he cited several authorities to
the original when the latter was lost, this CASE
His learned friend had called upon his Honor not To
S n , ae should nS 40 So
tell him that the unfortunate starving clergymen, the
widows and orphans whom this man had ruined could
into that ROOM they would mpore his Honor they
could mot got pecunaIy satisfaction least that he might be
topped In the fearful example he was giving the
munlty.
Judge Russell said that no would deny the mo-
ton to discharge but would hear any evidence Mr..
stoughton had to Offer and would allow him 70 renew the
motion Afterwards. Though he thought prisd facie
was made out, he would prepare written opinion at
the end Of the case.
Mr. Soughton said thai the case was TOO grave one 70
be dwmssed In that way he denied that the question
before his Honor whether there probable
TO believe Mr. Dwsh. guilty Of perjury, but whoher there
probable cause 70 believe that perjury had been
committed Al all, and IL whether the defendant
mitted II. II no offence was proved IL was clearly his
Honors duty to discharge him. and the usual
for him counsel 10 ask for his discharge G this period
He would consider before TO morrow what evidence he
would put In before summing up; and the proceedings
accordingly adjourned to eleven O'Clock this day
Mr. Soughton IN concluding, rebuked Mr. Hall for his alu
sons TO the DEFENDANTS starving clergyman and robbng
widows and orphans, and passed high eulogfum Mr.
Dwighps character for benevoence lbcray and truth
Judge Russell said that his expression that there
prima fdcie muat be taken for irrevocable
opinion Mr. Stoughton's manner bad forced the words
from him. he would hear the for the defence the
end, and then pronounce upon all the points in IT,