The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-09
From the Rochester Evening Post.l
Circuit Court
HON. NATHAN DAYTON, PRESIDING.
Il r | A l.
OF THE
REV. w. VAN ZANDT
FOR SEDUCTION.

FOR SEDUCI1ON.
MONDAY, half past 10 o'clock.
The Court House was crowded to its utmost ex
tent before the learned Counsel was ready to ad
dress the Jury in Mr. Van Zandts defense,at length
the Judge ordered the doors to be locked and vas
| numbers for whom there was no room, vent away
Mr.. SHELLEY summed up the evidence for the de
fence; said he could nothing in this cause OF
which it is pleasantto dwell, either on the one side
or the other he would endeavor to dispose OF some
rubbish which had been scattered along eur path
way in this case, lest it might impede their steps
and then proceed to the main points of the he
complained Of the latitude Of remark used by the
Counsel at the opening OF the cause in introducing
matters which could not be proved, even if proof
were possible. He then commented en- Mr.. Sci.
denis remarks concerning those classes who are
always in extremes, and hence in errer, meaning
those who sceff at all religion, and those who are
bigots supersttiOus zealots In of this kind
it IS honorable to this community to say, that their
sympathies are with the weaker party-a young
| and interesting female, almost parentless, driven
from the fewery paths OF hope and innocence, to
the scar and yellow leaf OF misery and despair
The despoiler professor, minister of religion,
her spiritual pastor Such is the story told in this
case-rumor lends wings to the statement told
against the supposed destroyer, and all anxious
to punish the destroyer of injured love illness and
virgin beauty. Again, there are those who love Ia
see the downfall Of him whom society elevates and
honors; this enviOus class is small But there is
another class-the religious community itself is di
vided into classes-into sests protesting one com
mon object, yet going in spirit and in theory divers
ways: Sectarian and party prejudices mingle in a
case like this whenever Of this kind presents
itself. What are the pages of history, but accounts
ofthe bloody feuds of religion, seets OF hat is sec
tartan feeling not capable Has il not looked with
delight on the tortures Of the martyr? Has it not
deluged with blood the domestic hearth =? The hui
man mind is improved and modified, but it is the
same mind, the old spirit exists to divide neghbor
hoods, to separate friends, 10 make men look as
kance at each OF her. aud this religious party spirit,
so capable of evil, rears its snaky crest even in
this cause This spirit will participate, although
the actors may be uncons cious Of the impulse
which moves them. We ask no prepossession or
sympathy On the part of the defendant; only de-
size that we may come before an unprejudiced jury.
The counsel for the prosecution sought to bring the
plaintiff before the court one likely to be guilty
of this offence because Of his vocation-has the
time come when men are to be Judged Of, and their
we'd, but by their occupation religious polit
cal party There was equality in this doctrine !;
and he trusted that professions required by society
would not bring suspicion and distrust on these
who followed them. The opposing counsel told
yoa that the duties of the defendant led him into
| temptation. Was it just to use such observations
| before they were proved He (Mi Sibley) was
not here to defend the holy order of the priesthood.
Let them stand or fall by their conduct. But he
would appeal to the discerning public, when in this
neghborhood, this county, this region, has SINH
lar offence been charged on a member Of the cleri-
cal profession No suoh case has occurred in
mans memory. The records of courts of JUST ce
furnish it 10 true, some instances where clergy.
men have been found guilty Of offences Of this
kind, but the counsel for the prose cution forgot
state that in far larger number of instances such
charges are found to be falsc-con.piracie at
tcmpts to extort money. Mr. Sibey here alluded
to the case of the Rev. Dr. Phelps of New YORK,
who had been condemned to infamy and disgrace
by the public mind, willing, to pay sum OF money
to stop prosecution against him, proved to have
been in situations in which such circumstances
might have occurred, and by ths confession of the
female herself afterwards admitted be ianoccn
He il now pursuing there career of public use
funess. Most true it is, that SANDER will travel
1000 miles, while truth is putting on its " seven
league boots" The plaintiff here charges that
the defendant, in 1910, seduced his daughter
and servant-this charge is founded on the
principle, that as we support our children until
they are orc and.tweniy, so are we entitled
to their services, and that il daughter is debauch
ed an action lies NOT only fer the actual damage,
but also for the loss Of reputation to family, and
for the injured feelings Of father-no charge is
or can be made, as the law is now paised BY the
courts, for the loss sustained by the daughter in
her feelings, character, and reputation This is
action for seauction-it means any thing but
force-it means that her lusts have been invoked,
or her affections captivotcd-this is the charge, aud
il is denied charge like the present was easily
made aud lard to be disproved II the female could
not be witness in case like this, there would be
a wrong without a remedy, but the law directs that
If her story improbable, and if IL be not corrobo-
rated, but conrao iced in essential point II shall
not be crcdIted-tne l0~Ks 10 the rights
and liberties OF both defendant and plaintiff. lie
would now introduce the principal and only wit
to prove this case, the daughter OF the plain
tiff Ii is net enough that she may have been proved
to be with the defendant the day stated, on the
oath of others she must be sustained by the tesu
mony Of credible witnesses in some essential par
ticulars in support of the accusation Of guilt -
So far as her (Sophia's appearance on the stand
was concerned, it was credible-I cross examined
that young and Inexperienced girl fairly-and it
was my honest purpose to give her fair examina-
ton, but in no sense 10 weary her, perplex her,
and threw her off her guard so as to make her APP
pear before the court to a disadvantage. The in
struction Of his client would have prevented such
conduct; and it was contrary to his own sense al
justice. But they ought not TO allow female beauty
and loveliness to take away the more important Ju
diccal information which her testimony conveyed.
The young lady, he said, Intelligent, had been
we'll brought up-her aother is respectable-and
such was the deicacy of their course that the cosn
sci for the defence would not, as had been done by
the earne d. gentleman who opened the case, bring
forth the faults offences, crnes imbeciity of her
father-they were not driven to that. That she
virtuonsly brought up as far as the instruction
of her mother would admit. he would freely ad.
mt--she had bsea iptcligently and worthily reared
and his client had been pains taking agent tx
enlightening the mind of this young female, and in
improving her intellect. The learned counseldwclt
long upon what he considered the improbabiiity OF
Sophia's statement, as to whattook ipace upon the
stoop at her mothers door-he consider red that the
kissing her was no evidence Of ust-tbat men kiss
the little daughters of their neighbors as innoceny
as they kiss their own-a good Kind mas VIII De
kissed By the children whether he is willing or not
kissing, in cases such had been described, was
innocence itself Men Of the age Of Mr.. Van Iandf,
who are guilty Of the offences charged against MN,
arc cautious before the public, guarded in their
conduct never giving for the truth Of snsPi-
dion; aud il a man tell him thai he cannot kiss a
couple Of very playful girls for fear OF fall, he
(Mr Sibley) would say that man stands uPoa
verv in. ecure foundation. The learned gentleman
ne xt referred tn Ssphas statement Of the occasion
when Mr.. Van Zandt asked her and her sister to
go over to his hsme-he ling alone alleged that
Sophia he would not have also asked Mary to ac-
company her, seeing she could be an evidence Of
his guilt, which, If exposed, would TO him, the
father Of Lovely family, the husband Of lovely
wife, the pastor Of christian church, be utter ruin.
Who can believe such stor, and yet you must
believe il all or none-,here is NO half way in this