The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-05
NEW YORK WEDNESDAY MORNING, JANUARY 5, 1912

| Murdoch, and of their connexions, as stated by
| Mr. Selden in his opening. Mr.. Livingston test
| mony was not taken.
year ago, stated to this Witness that in any event
| he thought he would be worth twenty thousand
dollars.
Cross-cramined-He said, at the same time, that
| his property in New York was mortgaged Tor sew
eral he thought six thousand; said what ais store
| in New York was encountered Tor, and what II
was worth; he had been offered considerably over
S2O,000 for il, but it would not fetch so much
| aow, but would leave him nett $4,000; he had
property in Rhode Island.
| q. w. PRATT had seen a child at Sophia Muir
docks, supposed to be hers; it has Light COM
peXien.
Mr.. SIBLEY objected to the description OF the
infant. He had never before seen or heard testi-
| mony Of this kind proposed, perhaps we may have
some chronological bumps.
Mr.. SRLpEN desired to prove that, in very
strong and striking degree, the child resembles Mr.
Van Zandt; and if it be an established fact that
children usually resemble their parents the tesi-
mony of Mr.. Pratt is pertinent. For example il
its skin were black.
JUDGE DAYroN.-That would show it to belong
to different race.
Mr.. SELpEN went into a disquisition at some
length, to show that 1t has always been held that
the strong resemblance of child 10 supposed
parent is strong proof of paternity. We had
here an accession of dozen of well dressed ladies'
MIR. SiBLEY said there never was and never could
be such case quoted in the books If aresem-
blance exists at ALL it must be to both parents, and
Motto either-but the best evidence would be the
production Of the child in court. How could this
sort of testimony be sent up to the Supreme Court!
The CoURT thought that various persons on see
ing a child would have various opinions-and nm
less authority was shown in the books, he
| would not permit the question: Iwould bring into
court perhaps half the physicians in town
Mr. SELpEN said am prepared to prove that
Mr.. Van Zandt has finger crooked, and so as to
| be deformity, that at least one of his acknow
| lodged children has the same finger crooked-and
hat nj MurlOCk's
| finger crooked
Mr.. SIBLEy said, and by this rule, if Mr. Van
Zand:s other children have not this crooked finger
| [Gen. Matthews, Nath. Rochester, and E. ID.
Smith were brought forward te ascertain from them
| whether the paper read by Mr.. Van Zandi to his
vestry is the same is now read, purporting to be
copy Of that document
E. d. SMITH said, the paper in court corresponds
| substantially with the paper received from MIR.
| NJ Rochester-it is not the same paper. thought,
when Mr.. Roberts testified, that the EXPIRE sion
he mentioned, or the substance Of it, was in the
| paper read. TT is not In the copy in court
| MRs. BALDWIN sworn.-[ Brought young child
With her l-Wss present at the birth Of Sophia
1t weighed 81 pounds; witness 10 a nurse; it had a
very strong voice; the child is the one with wit
ness; it was born on the 4th of August last Here
the boy began to ,qaal in a strong key, and after
one question by Mr.. Sibley, II was carried out Of
| COURT
Mrs. STEVENS was present at Mr.. Van Zandt's
| room, Spring street House, when Mrs. James s.
Gregory there, in the latter part Of last July;
Mr. and Mrs. " II Mrs. q. and self were present;
the servant came and said gentleman wished to
speak with Mr.. Van Zandt, who left the room, and
that good news had come--that Mr.. Strisger said,
that Mr.. Williams said, that he could produce
two gentlemen who would come forward il called
| on, and testify that they had connection with So.
phia themselves.
Miss ELIZABETH ATKINSON sworn -[Mr. Sell
den stated that he proposed to prove by her that
Mr.. Van Zandt had taken such liberties with her,
that it caused ner to avoid the congregation
Miss GILKERsoN, "a handsome, modest young la
dy,) was one evening at Mr.. Van Zandts levee;
went up 10 his study to get some books; witness
and Sophia. and other ladies' went up; they left;
Miss G. and Sophia remained; Mr.. Van Zandt kiss
ed witness, whs told him to Jet her alone; he also
kissed Sophia; this was in Al thinks il was in
the fall; Stree this matter became public, Mr.. Van
Zandt has called at house, and said it not
necessary she should come forward as witness,
aid asked if she him kiss Sophia; witness said
| she did.
TThc reporter was absent fifteen minutes and on
| his return found Mr.. y. M. Haight addressing the
Jury for the defence, the for the prosecution
| having closed.1
| Mr.. HAIGBT, said, that he who truly believes in
| the doctrines Of Christianity, is thereby made q
better man-he trusted that the character Of his
client would not be injured by the fact that he is
minister Of the Copeland that the title Of
this community would not be suffered to interfere
with the verdict-in the outset they had been told
that there had been no manner of proof--and much
testm ony offered has been rejected by the Court as
improper and irrslev He bsde the jury mem.
Der that the facts charged against the defendant,
| except in one case, had no time stated, even the
month they happened in could not be told. We
expect to show an intimacy between the prime ipal
witness Miss Sophia] and young person. from
this may have w.
privy together for some time-en another that
they were in the wood.shed together - we
cannot prove direct connection = we will
show that Friday the sixteenth Of October
| the day stated by the lady, no such connexion
could have happened, as she states and this by
| unimpeachabe tcstimony-a brother clergyman,
| then settled minister in q neghborng county He
came here on the 10th in the morning, and remain
it'll Mr.. Van Zandt till dinner 'imc, dned with
| him. then went to his study, and parted with him
| at the door Of Mrs Sherman. On that day, too,
young gentleman dined with them and then went
up TO his study, where he remained till the two
clergymen came up, when he went away. They
would thus show that in the only case in ,vhicha
time had been given by the prosecution, the state
| ments made were utterly false.
| He (Mr. H.) would claim, that a. they had adj
mtcd the fairness Of the prosecutors character,
so the character Of the defendant would be held to
have been upright, untarnished and free from
| blame up to the time when this false charge was
made, from which he expected that the jury
| would give him a speedy dclivcrancc. We only
offer brief ontlno Of Mr. Haigk's opening. so far
as we heard il His style as speaker is agrcea.
bic, and any thing but tedious.
Miss PRArT, called At this time for the prosecn-
| ton, (by previous ogreement,) one evening wit
| ness's neither had been passing the evening with
| Mrs. Murdoch, she thought she would take walk
| down to Mr. Murdock's, and returs with her mo-
| thcr She Of the young ladies (Soph,n)
/ on the steps, and person with segar In ms
mouth, who passed through gap in the fence, but
returned and spoke to witness, and then went
away. This was Mr.. w Witness did not re-
collect that he wore a particular kind Of panta-
looms. Had seen him wearing p:.nsaioons opening
| in front IMr sibey ssked her il such psntuloons
| were commonly worn; sbe said they were. a
number OF ladies who had attended on subppnas TO
to testify a. to Mr. V. "a indecent conduct. re-
| turned home, the court having determined that
| evidence Of his misconduct in eases beyond the
circle Of the family Of the prosecutor, aud uncon
nected with that Of Sophia Murdoch, 10 inadrnis
/