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

anime the house In orchard street attended by sworn o
The court room was crowded to hear the speeches
of the counsel and many denied admittance. The
crush great as at any time during the Colt trial"
several ladies present during earlier portion OF
the day but the ndecacy of their situation becoming
apparent they very properly retired as soon as they
present by the advice Of counsel but most assuredy
they would be much better their sitting and
attending to their respective empoymens, than listen.
10 the speeches oil counsel of nature not the most
fitting for female The necessity their attend
during the examination of witnesses unavod
able but the evidence being concluded they should
have been advised to remain at home. We were glad to
that they left the the moment they inform
ed of the unfemnenes of their position. The limits Of
our space precludes the possibility OF publishing the
speeches at length When the jury had reassembed the
Court directed the counsel for the defence proceed to
JupGE TALLMADaE.-NIay It please the Court ard
Gentlemen Of the Jury Never in the of my pro-
fessonal career was engaged in case Of such mpor
lance. But deep and imperative nay duty is, yours
Gentlemen of tho jury far greater and far more So
lsnn and controlling and while endeavour, conscienti
ously and faithfully to discharge my duty will respect
your rights and your sacred character by combining my
self simply to consideration of the evidence, and its
besrng upon the point at issue in this prolonged trial.
My post ion is peculiar The wife Of the plaintiff
has retained me to defend her, especially, in this suit
which made by the plaintiff not with the sole purpose
OF obtaining verdict OF damages from the nominal de-
PENDANT but for the actual purpose Of procuring bill of
divorce sg anst her. This bill has been already filed,
and the SUIT commenced and am here to watch closely
the progress OF the trial. and whether charge
Of nature to warrant the granting Of such divorce
be substantiated against my cen-his wife What the
hero protect defend him my duty watch the
course OF the prosecution with single eye to the nte
Jury, l am a man and years of honorable life
have | passed in discharging the duties of hus-
Ihavs endeavored to discharge such duties truthfully
Censcentousy and honestly and God forbid that this,
period OF lite should stand in this court before
my fellow members oil society," TO raise my voice in de-
fence of woman who had been guilty of crime
full that Of defing the couch Of her husband by adu
connection with another No Gentlemen of
ton endeavor by words of mine sway your
dict did believe that woman was guilty indeed and
in TRUTH have heard the testimony adduced in the case,
and believing the wretched wife innocent of the oul
charge sought to be made against her by her husband
peared to meto point out the points of the testimony,
which deem necessary be considered in deciding upon
the psrties-leavng your judgments to decide you
shall think just and right will not attempt to appeal to
your sympathies or to your feelings but shall briefly
calmly and dispassionaely examine the testimony and
leave in hands, satisfied that the patience and
forbesrance have manifested during this trial. will be
broughtto your deberaton upon the guilt innocence
of the parties trial before YOU the FIRST point will
introduce to your notice the suspicion which has at
tempted be the credbility OF our Witnesses
Mr.. Polhemus, it was shown, accompanied Mrs Van
Colt to her lawyers office Did he receive money to CON-
nit AZ it were perjury No such thing. He came with
that poor woman with the simple fee OF SO for advice
He had lived in her family; he kne her viruous, an
amiable wife he her deserted by that husband
trampled upon and with that impulse which an
honorable minded man ever evnces whea woman, fee
BILE, deserted woman. claims his protection, heook her
under that protection and willingly accompanied her to
and from the Office where she was obliged to go for
the purpose of consulting and advising with her counsel
in matter deeply involving her honor and her future
happiness Hegave nothing, unless that courtesy and
tention which the situation OF Mrs. Van Colt required
that he gave and he deserves honor for it, There is
much conf letting testimony each side. On side the
testimony Of Pardy Pohemus, old Mrs. Smith Mrs Phebe
Smith. and Mr.; Ali Smith conflict with the testimony,
the other side. On the side OF the plaintiff they have
attempted to show the affection which existed between
him and his wife, On our sde have shown that such
thar W. kaxr ralaksvn al
Mrs Van Co but perhaps the counsel the other side
will say that they were preudced in her favor but gen
emen, let me show you how far that plaintiff himself
thought they prejudiced not. When that first
promulgator of this woman's infamy, Doctor Bailey,
tanned against the honor end the chastity Of Mrs. Vsn
Colt, whet did that injured husband do Why, he call
ed upon Mrs Smith, upon his brotEernaw, Ali, and his
wieno their ready ears he poured out the tale OF his
greisfrom them he takes counse with them he devises
plans satisfy himself it rue-and advised them
to keep still Did they reject him and spurn hint No;
the mother listened to the story OF her shame
feeling deeply for the husband she had injured. Her
brother the partner OF her sports and gres
years the companion and protector OF her maiden days.
what said he Why, that he would smash her
brains out if she. was guilty of an act SO
Can you expect from such witnesses asehood7 certain
y mott they investigated the charge and being satisfied
tha was they became her witnesses in this court
Why, Mr. and Mrs. Shonnard, who had been boarders
the house Of that woman and boarders whose bed
room was their sitting room; who, when they had parta
ken Of their meals at the table, retired their
Yet this Mrs Shonnard has told you what indei-
caeacts she witnessed though her husband has declar
ed that he witnessed any such acts-h his feelings
were shocked by word or act Of that Mrs.
shonnard has told you that she has Van Cot when
he home, take hold OF Mrs. Van Colt peculiar
manner Now who is shonnard and under what influence
she here1 Why the enemy Of that boy Sharpa who
men that man unprejudiced wtnesslI think not
Plane told you that she nothing indicate in the
conduct of Van Colt towards his wife No. nothing but
what husband had right to take with his wife. Now,
gentlemen do not know what that means. What hus.
band has right to commit an act OF ndecocy to the part
Of his bosom2 know not what others may feel but
that has any right any claim to treat his
wife in the presence OF others with dishonor ascour
tesy But when we the lady what Van Cott did to
her, why she COULDN'T recocct whether he had kissed
her not she for half hour upon that stand and
nothing could be obtained IRON her but don't recol
lect; | Mt remember" She the lady who lille
wtn that stand declared that the counsel had
business to examine a he doing, and that
tlemen, she unprejudced witnes,1 think not
But the husband OF this lady has told you that he
witnessed any Of the qualified acts of ndelicacy which
tbs wife had seen And here may remark that they too
had their bed room their sitting room, whittier after
meals we're overthey accustomed to retire These
contradict Polhemus and Mrs Phebe smith Why, Mrs
pIane came on that stand prepared beforehand and
what she wished and not to what she knew But the
counsel on the other side may say that they
Of witnesses Why, think they ought to have taken
the Directory and they would have made good
case. They may say, We dont want them, we have
Mary Waldron and Mary Rddel, both simple, young in
nocent Children who never saw any acts OF udelicscy
part Van Colt to his wife, 10 other ladies' Bur
these witnesses seem to have forgotten that the plaintiff
used Jump their backs and ride them about the
roll with them the floor. Perhaps they este, med
these things as nothing than gentleman may do
with females living under his roof and in his family Why
the opposite counsel might have br ught here the
whole OF Division street, would this have dsprovsd what
other witnesses have positively sworn tot Mr.. shonnard
told you that he has heard him occasionally damn his
wiie-has heard him call her liar at the card table
d-dbh, 81. Was this trihing langnagel was there no
vuIgsrty there and no ind sl:cscy ask you
seriously to answer me- Is there any thing which exhibits
low and debased character morforciby than this CIV
log expression to foul and indecent language Yet
words ready the tongue Of that plaintiff
when addressing his miserable but fond wife Nor
II to his wife alone TO whom he used such language
Mrs Phebe Smith has told You with what sslutatons she
was met the table OF this man, when she compelled
leave her unfinished meal GentlsmeA, you rscollect
the story Of the invitation to the ball, when that lady
was in peculiar situation. Trhng with her womanly
feelings he alluded grossly TO her state, telling her she