The New York herald., 1870-12-21
COURT Of GENERAL SESSIONS.
Before Recorder Hackett.

A DIVORCE APPLIED FOR BY WIFE ON THE rEsT1-
NoNY OF HENRY W. GEsToN-THE INJURED nUs-
BAND CHARGES HIM WITH PERJURY-GEsToN con-
vICTED AND SENT TO THE STATE PRISON FOR TEN
YEARS
The most OF the session OF this court yesterday was
spent In the OF indictment for perjury against
Henry W. Geston. Judge Stuart defended the &C.
cused aud urged number of technical objections to
the indictment in an able manner, which were over.
ruled by fhe Recorder.
The testimony adduced by Mr. Fellows for the peo.
pie was, that on the Goth OF July, 1869, suit for d.
vorce was commenced by Mary E. MCGOWAN on the
ground Of adultery, in the Supreme Court, before
Judge Barnard (which was entrusted to James Fl.
Coleman referee, and which was subsequently
referred to Mr.. William G. Traphagen, who ex-
amned witnesses and reported his decision to the
Court. Among the witnesses examined by him
was the defendant. Henry w. Geston, who swore
the 9Th Of July, 1870. that on the evening
OF the lsth OF May, 1859, he saw John McGowan
leave No liz Allen street, between seven and eight
O'Clock In the evening, with Miss Lizzie smith; that
he followed them through various streets; that he
saw them 90 into NiblOs theatre and followed them
IN, remaining till the performance was over; that he
still followed them down Broadway, and saw them
go INTO Taylor's restaurant and from thence TO a
house Of assgnation in Elizabeth street, and remain
In IL from twenty-five to forty minutes, and that
after leaving he cGowanI escorted The lady to her
house in Alien street.
adversely to the plaintiff, number OF witnesses
having contradicted tile testimony OF Geston John
NCGOWaU, water =. NODlc II. HAMILTON ana
Edward T. Draper examined by DIR. Fellows
and swore positively that upon the evening OF the
18th OF NAV, 1869, they were playing billiards to-
geher till late hour, that they were not at NlbO's
theatre and did not visit any house in Elizabeth
street
Judge Stuart rigldly cross-examined these wit
nesses as 10 how they remembered the exact night
OF the 18th OF May, and they recalled the date prn-
clpay from the fact that that particular evening
Mr.. MCGOWAN sent telegraRhic despatch to PITTS
burg, Pa.
No witnesses were produced for the defence, and
SnpnCh
that the testimony OF the young billiard players as
10 the precise date in question was unreliable.
Mr. Fellows followed, III his characteristic eloquent
strain arguing thst the evidence clearly estab-
llsned the guilt OF The accused.
the Recorder charged the jury upon the law and
thcfacts, and after deliberating Tor Few moments
they rendered verdict OF guilty
GestOn told tie Court that he was innocent OF the
charge and that what be swore 10 before the referee
was true.
Judge Stuart moved an arrest OF Judgment, which
motion was denied.
Recorder HacEett in passing sentence, observed
that he often wondered why the Almighty did not
destroy this great city, for lie did not believe there
was city IN the world where much perjury eS
listed as IN This community. Lawyers ana laylnen
who attended our courts heard statements made
every Gay DY parties which are positively denied by
| others, leading TO the conclusion that somebody
committed perjury IL was refreshing that Jury
! had sutncient trmness IN case that warranted
verdict or guilty 10 render it promptly. Gestop
sentenced 10 the Sae Prison for zen years at hard
labor, which Is the extreme penalty Of the law.
ALLEGED LARCENY.
Late IN the afternoon the trial Of Stephen s. Ste
vens, charged with grand larceny, was moved on
and opened by Mr.. Fellows The accused was
charged with fel0nIously appropratng s., 500 In
money and some Belfast the.) bonds % the 2lth of