The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-11-14

tell them that there is evidence during that long peri
cd Of single act oil cruelty the part Of the plaintiff TO
his wiie-cetanlyt there may have been little ooolness
or some viSeDce OF language but put It to the jury
whether they have shown act Of unmanlness on his
part TO his wife II the private quarrels ard eXpres
si0ns Of every married coup who have lived together
for years were to be told in court of justice ask you
they would be considered proof OF damning guilt
against the parties Gent emen they had on the stand
the mother OF that wife, who had borne her and watched
over her infancy had reared her Until she had parted
with her into the marriage state yet although the de-
PENDANT knew full we'll the feelings Of that mother agans,
tho plaintiff they did not dare ask her whether she had
ever heard or had ever been told by her child of hard
word which that husband had spoken against his wife
To whom would the wife have poured out the full tide OF
her woes and gries Of her husbands msreatment and
brutality IL she did not to that mother whose heart yearn
ed in love to he sifsprng-l ask you, when there has
not been breath ofmpeachnent anst Van C6tt, why
did the defendant offer prove You have evidence Of
the plaintiff working hones at his trade mech anic
and how when this ia business enabled him. he
offered an asylum to the destitute friends Of his wiie
when poverty oppressed and sickness laid her brother
low he sent for him and his family and beneath his own
ROOF he gave them shelf er and refuge. Yes, the man
whom they have painted ruff An nursed and tended
that emsciated brother in law He cheered that wife in
her sorrow end strength restored he him
work and the to start in his business II is in evil
dence that in $40 he removed to Williamsburg where
prosperous and happy he went to enjoy the pleasures OF
his domestic circle and the fruits OF his honAet in
dusy Here he continued to his days in peace and
comfort, until the spring OF lS4l and then the destroyer
OF his peace found him Then it was that sharp was in
PRODUCED into his family Again have evidence that
he treated his wife well that liberal md lavish OF
the fruits his prosperity her. and that he lavished
sums of money on her education And here would
mind you of the uncharitaheness the opposite
sell who were even unwilling to concede to him proper
motive for hs conduct his wife They endesvor
ed to assa him in every way il possible for base
counsellor to suggest TO them and boldly asserted that
was for the qualification OF his pride alone that he
wont to indulge her in dress and ornaments lconess
much az was prepared for thing base from such
quarter, was not prepared for this unmany end
uncharitsole attack on my unfortunate client Sharp
to inquire, who Mr.. Sharp isl The opposite counsel
have been lavish of their abuse client, they
have been usome in the praise OF their II appears
that Mr. Sharp the nineteenth year of his age had
been in the employment OF in the office IF At
torney-hu at the moment when he entered the IAN Colt
family he left that Office and then destitute of all
poy ment He was then arriving at the age OF maturity
and was in the daily expectancy of enjoying fortune
His friend, Strong introduced him boarder TO Van
Oot and where il the evidence OF his being employed in
any honest lawful calling for the two he spent
undermining the affection OF the wife and destroy the
happiness Of the plaintiff He had trade, he rct
ing In deness contracting habits OF corrupt and deprav
ed tendency -such attendant on idlen~ss.
They have told you and preached homiy about his be-
ing -holly unacquanted with the ways OF the world
'ntlemen OF the Jury, ask you as athers-I appeal to
who know the world and are acqnant' with
the Of human nature; aHd answer me, not the
Young men Of the present dav too we'll. TOO deep
man at nineteen years begins to lead life
of Idleness what will he he the Of twenty
ask you will he not he too we'll acquainted with the
world its passions and the Of CRAFTY ing themf We
hsve shown to you that Sharp at Van Colts house.
not at regular stated intervals hut ourgng about there
the entire day. Witness fter witness has spoken OF his
being there all hours How have you him introduced
to YOU his counsel stated in their opening. and have
right to it, that Immediately before he left the roof Of
his mother and they have stated il without shadow Of
evidence that she married Young and second husbanf
whose severity the proud and innocent 10Y could
brook. Now is II not jsr is it not natural 10 conclude
that ir that boy worthy Of parental ondness his
mother would have suffered him to leave her home'
There is redeemng affection in 'tber smilehere
benignity and kindness in mothers heart, and in
oil
expulsion. She would have retained the child Of her
affections. if he worthy, beneath the generou,
Here we find seizng on the earliest opportunities to
indulge his criminal proponsties Now In reference to
his connections with Van Colts family It that time, what
evidence have wei Brymsmayd, who gave his tcsti
with Ii. and sog. he b d
had a quarrel with sharp, is not the very
fact of his stating the stand sufficient to prove what
reliance be placed upon his testimony, that he
telling the truth and the whole TRUTH without exaggera
ton departure from correctness. He told you how
Sharp in conversation Sunday shortly after his arr-
val there spoke Mrs Van Colts beauty, and OF his de-
sire and intention to have connection with her The
counsel for the Defence has dwell long the unsasac
tory nature Of such testimony snd that was not to be
lied but will here read the law relative to receiv
ing admissions tAIr Graham here read long passage
from authority could not catch the name rthe
full bearing of The testimony OF Brymsmay furnish
ed conclusive evidence OF the intimacy OF the parties -
the mova Of Sharps remaining there and the existence
of his usul passion and his concerted plans to consum
mate as say he hes DONE his nefarous designs upon
her. They not mere idle Words they were delber
ate and deep laid schemes But Brymsmayd did not stop
here's he has told you of Sharp claspng Mrs Van Colt
in his not merely indicate attentions, but the
two taken in connection establishes the fact Of consum
nation Are you as husbands, to believe that woman
thoroughly mbued with virtue and with eve for her
husband would allow any young man, on short and
casual acquaintance to clasp her Ia his arms? II she
is the pure, innocent virtuous, suffering woman,
painted before you by the hand Of her counsel the
object OF base and inhuman copspracy--why
did she not communicate this fact to the husband
she crvenly loved and procure the expulsion Of such
a yirtuOus stand1
the matterl Why, she not only never communicated
these facts to her husband but she permitted Sharp to
visit her day eer day. and hour after hour to kiss and
clasp her Gentlemen, does not this fact clearly estab
fish in minds that the mind ofthat wife was debased
and depravedl ] ask you, whether woman who honor
ed her husband who had not forgotten every feeling Of
duty and affection TO that msn-woud have permitted
such direct attacks upon his honor and exposed herself
70 the gaze OF strangers as the toy OF lloertine
How has Brymsmayd been contradicted7 Why, MIR
Strong, who gave bis testimony with great gravity
that he heard Mr. Sharp say indelicate
word or do an indecate act to Mrs. Van Colt Well
gentlemen the learned counsel for the defence
to have forgotten their own argument. which was tha
the evidence one witness point OF f outwe'ghed
the evidence Of hundred who had not wi-ssed such
,act. The counsel would have You disnelieve Bryms
mavd because strong witnessed heard anything
indicate Well, by the rule will require YOU
% believe our witnesses. who say they Van
Colt lift mp his wifes clothes and disbeleve their wi
who have That they did him do Blu
Is this the only tact have proved7 IL the case rested
On the declarations of Brymsmayd to the declarations
and acts OF sharp would put TO you 10 he decided by
hlished beyond doubt that the heart woman
depraved and lost to virtue And Is Il too much say
that at the frat opportunity the act of adultery was
sumated1 now come 70 the testimony Of DR. Bailey
has been characterized Taco They aese that for
planned motive bellish In character this
the resolve OF destroy ing the peace Van Cot
and blasting the character Of his wife II il pesry
'hree weeks since he that stand and will
collect tue OF the alton he underwent
And now how DO they dare TO come before jury with
nut lisp Of Whence end minute to him the crime Of
ne,ury Yet such is the Iberav OF the counsel forthe
defence; they ask Won to believe nv client guilt,
Of bribery o. suhornation OF erinry, Of conspiracy
na of adultery andthey mpute improper motives to his
witnesses and 70 his Connsel and yet without part
Gle NJ evidence they wish 10 sway honest jury from
ruth and Justice, by defamation G'n'l.men, will
not insult you nv comment such base coniuct In
Counsel The activity Of the opposite Counsel is well
known 10 you-bscked by the P-lc- OF New York rs
hey have beep-yet Why did thev not bring witness
upon that stand 10 impugn the character Of Dr. B,ey
Gentlemen, ] Will tell vou-thny could mt. The mo.
iv,sof Dr.. Bailey have every thing 10 commend them
Ae told OF the occurrence in the front hnsempn'
ard described the scene with great particularly