The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-03-10


rnE ABORTION oAsn
And this deponent further says that he 10 informed
the last February term OF the Cosn a Sessions endsa
vored 70 obtain indictment against deponent for pro
curing an abortion defebda. In the spring Of 1852,
after her avowal OF aduterous that for
that purpose they caused the said woman Hsssev 20
before &c Grand Jury and with o.. ss Ai Barber
liant d informed and .s,eves ths IA psrtis- -
no evidence ncpating deponent and he aa sssv
rv 90 sa s against deonen that the Grand
the sad defendant through Ger SAL .na' her
nd tes,s ~ er to come forward az wit
the the Grand Jury re- PASSIONS and second time
.se @ hnss not he s's ss s.
the Grand ssas aPps.red second time a pelos
SIs. .oss and thereupon the Grand Jury, the
day of February, indicted this deponent; that dc.
ronen has pleaded not guilty 70 the said indictment and
dictment forAwith tried deponent being anxious for an
immediate al and this dep0nent further says that he
is innocent Of the charge contained In the said ndcs
ment
That deponents information as 10 how the said ndct
procured 10 obtained from the District Attor
neys ONCE; that there ID file in the District Attor
neys Office in the handwriting OF the said Gerry counsel
posed testimony Of the said Massey and the said Barber
10 procure the indictment against said deponen and, ~
aeP0nsnt is informed and believes The sdsSl Of the
the said Indictment was found, was prepared in the
office OF said Gerry. And deponent mfther says on
been thus far contested without any defence on the
merits thereof but by oppressive ard vexatous Efforts
nsreinbeiore stated 70 dete: hrA nom its prosecution
namely, by the abduction OF his child the endangering
his mothers health and pfe and by attempts TO njure
his character and prejudice s cause in the eyes Of the
puoh' pior " we Trial Of this action osn, ,unoxc
Sworn 70 before ne March Q, 1866 RosERr MAuIIs,
Notary Public.
4 TIT BETWEEN THE oouxsn.
Mr. CHAMELEON this affidavit desire that the trial OF
this cause should be postponed until the May term
wish to haw these criminal charges disposed OF before
entering into the civil suit and we will not II we can
help II go on trial with these mpuations resting upon
Tire District Attorney has promised early trial.
but h doubtful whether he can try the before next
month.
Judge McOunn-what do you wish TO do in regard to
this adavit Mr. Gerryf Do you consent the notion
Mr. Gerry do not consent to the motion, and the
counsel for Mrs. Strong do not wish TO try this case
upon aidavts. The charges against the defendants
counsel untrue they uncaled for and high
y unprofessiona The gentleman the other side has
got it the head Of the calendar and now when
all prepared at great expense he seeks to put the trial
this case Notwithstanding much has been said about
| our effort to keep the matter secret.
Judge McCunn-I think IL is Of those cases which
| should have been kept from the public.
Mr. GeHy-I think 80 too, your Honor; but the res
possibility is not with as. have not word
cannot here and listen TO charges against my
ciates without saying something to remove the unjust
mpuation that is sought to be upon them through
ne first frame the issues and when the case docs come u
trial we shah who the guilty party is.
Mr. Grant, wish 70 say that when did consent tc
keep this matter secret in the early stage of the
did feeling that doing my client injustice, fol
matter how pure the motives may be- how good the
cause there is something about secrey which creates
suspicion. The affair made public by the other side
who brought the into the Sessions and flooded the
newspapers with II.
Judge McCunn-I suppose that the counsel for the dc
PENDANT will require time to put In counter affidavit
Let the matter rest until to morrow.
Mr.. Cram-It will be very announcement for II
attend tomorrow have another try thai
day
Mr.. Gery-Then let the be reserved generally
and under the rules OF the court IL DO called up
two days notice on the application OF either party.
Judge McCunn--You forget there is motion here tS
| postpone the trial unt1 May which must be decided
tomorrow next day What do you say to Saturday.
| Can you come before me on that day2
MIR. Cram-Certainly; that will do.
MYSTERIOUS DisAPPRARANcE PAPERS.
| Mr. Cram-Your Honor will recollect that former
examination In this you gave the affidavit Of OF
tho witnesses-Rache d. Wash-o the clerk to be filed.
The paper which is Of vital importance to us, has dis
appcard in the most mysterious manner and cannot
find any Of Its whereabouts understand that the
OF this court and think he ought 10 be held account
able for IT, II certainly most extraordinary crcum
that the affidavit should be lost at this particular
period, and explanation necessary on the part
this officer.
Judge McCunn--I win investigate the matter, and Il
any blame attached to the clerk the officer will
| make short work Of both of them
Mr. Grant, don't think the clerk was 30 blame. The
officer alone is responsible, your Honor, and should BE-
| called to account.
| Judge McCunn-The matter will be thoroughly investi.
| gated.