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

community. Respectfully, a n. eOAMERS.
The Exsn,inasson sf Henry Dwight on
Ch~g.s ef PcEj.ry, nmDezxiemsnt and
Fraud.
fnE oAsE CLOSED.
The examination Of Mr.. Dwight WAS continued before
Judge Raften YESTERDAY, IN chambers pursuant 10 nd
urDmebt from the day previous, when the defence was
preceded with On The Arst charge, Of perjury
Mr.. rfueman Smith explained the position he held In
correction with the examination. He Normally tho
colleague Of Mr. Hall, bat represented considerable
number Of the creditors Of the railroads.&c. the amount OF
Sloe 000 There impression on the minds
OF these creditors that acts Of Mr. Dwight Of
extraordinary character. He had particular into
Yett present charge but when the question
TO whether Mr.. Dwigot had msde lease OF fraudu
lent character, and whether might amount
sWDolI traDsac ION ho would ask take the part Al
jotted 70 him by bis clients. II Mr.. Dwight could prove
bis innocence no one would rejoice more than he (Ar
Yhsodore winthrop Esq Of the Arm Of johnson h
Winthrop, also appeared for Mr. Dwight
by calling Nr william Bliss Who was sworn and
edh attorney, p sctspg IN this city stnce 1887, and
was previously . member Of the A.ssachusetss bar;
known Mr. Dwight for years. about since he has
resided in the y have acted his counsel In the case
OF Brown and others sgsnst MIN in the Supreme Court
n August or oCaooer, 1856 he bad been cons alsed
By M Baker, the assignee Of Dwight, under certain
assignment IN respect 70 an application 70 me court oy
-
fepoe therein bis behalf assignee, and also ~
v the propresy Of commencing suit for the purpose Of
fsrecle brought; hs tod him tbai
party thai action no would mot be bound By the
osedDes IN IT, and advised against The soplcssoa also
ADVISED sgaDst commencing the suit for reasons not
necessary 70 state Baker Afterwards applied 70 me 70
assist him m tho action Of Brown and others against
Dwight and wife Dwshps behalf he had suffered de-
fault 70 be bad against dwight and hts vito for not putting
In the action, and made motion for leave
70 put answer; Argued that motion behalf Of
n1io and IN vifo leav MI
cuy but vas granted, and think was 70 put IN an
within twenty days; about this time Baker showed
amned and told hum win much decacy ~ could
for be was out Of temper o. tnas ume-in sub
e as ~'0a q. n' :oos 'n Dt ssa No
the style Of affidavit than an swer;
in the course of the twenty DAYS called on Baker several
times l did not nnd him; he was 70 get memorandum
facts In the action from Dwight but he did not any
The morning Of What supposed 70 b the ass day for put
ting In the answer Baker called u my ooe think from
the eopv.nascp, thai Baker thought the last day for
serving the answer Baker he's stated that he not
Thai day think he installer suppose mu 81 that
occurred may be frivolous Baker spoke
Oh I've ne H.
esgement which required ny absence from the office;
tolc HIM Of such engagement and gave him reason 70
serse Of utser helpessness and said Then an answer
be put ip' said, there must be ono put in; no
-. rssn,.a hr, IN. c.-vor vo,It n. ns.-r
sn~ ,~sSn vi r., cav 7 at dom and myses dra~ a
roush ors Of All thai mater sl 70 such
nsn sonns tnss ~, H.ssr hsa on,v The old nronoss3
answer ~hicb before tod him would not DO; Adopted
pan aoshsr, ana The ss~es ant thai thew we're hsid
S.,sn A. 49,. ousn the ,snsnsys IN voich !. A nm
t,nsn IN M. 10 S,r 90 seco,,sct. .dac,a 40
osbsy mar. ~ n n. showed me psrsxyanh-
To n, HAL must nave seep e,thcr Inc ORIGINAL mr.
COW ssser II : :. ssorp be showed me usrsgrsph OF
ssr tenor a. The one set forth 10 the varr.p caonot
Ter g ter or thai was oopts ned think 10 his
ana wsr 70 vbich hays already referred think AN no.
fak.p 90 that point ola pot adopt thai part of It, a.
cor s,o Cd entirely mmsiersI ana principals deduo
ton and inference: told Baker would not pot IL In h,
seemed inclined 10 do no and think said that IA so:,
cannot say at this moment whether told him the res
,ors shy thaus ut shouio no. be inserted had aready
socieo 10 nm on the subject nnaiiy sa,d "You ars
the s,torpey IN the cause ont would not pot IL ino
csnpot new cav when OF us lief, art think my en-,
rag, men was in court. and remained 70 prepare this
roush dras did po hing further In the preparation Of
the ans yer. never 70 nv recollection say aner was
eus,cs,eo and before II VAS sorp or sag the ana YER
excs pt In The ahaps of nv dram amer prepared H. or I'M
Il, aer ,be answer xas served should have stated that
IN nh In the con with BAKER when he SPOKE Of
the ocuy Of putting in an answer ssia 70 him put Ia
the best VOC ana After wards serve an
90 one. mos tbsi VAS INV own ,dos and thInk ar
srnred IN, Code al N ace vnether the defn
d.,s vouId NOT he ri.ht 10 se nd their rtn
an tv.ntv davs ana came N the ooucIusiou that they
con d uDoer oeptaip NAV not nsve made
t,sa ,r.mnsuon While Bsker va present: mini IN nv
an len ZONE ds,ss 70 be suppcd and a. the answer
vss prepsred IN the manner have ststed think II pro
bsps thst od pox cory the en- umernson on The secur