The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-12
Circuit Court. .
Before Judge Kent.

| court.
| Before Judge Kent
| MONDAY, March 4-.1hJerf II Ian Con re Ip;l;o,
oh0P- ms case was opened by HENRY ALKER Esd In n
manner folowng:-With due respect TO the CourteI;e
@ % me JnIy-The cause you called upon to II
WIS ".o peiore presented To jury for consideration
VINO after long and tedious estgution were unab
20 agree Heel confident notw outstanding the arduou
DUTY you are called upon perform YOU will mparaII
investigate the evidence which will be adduced bSor
YOU win that prompt energy and sound Judgment whc
m iIsr an American jury This is action brougf
py npei AN Cot ngainStWillam IL Sharp for the 8,
duction OF Ann Eliza his wife | am requested nv Oh
plant 10 lay his case before you and relate the fact
anu circumstances III which IL has originated and for In
wrongs OF which, at your hands he solicits reparaon
satisfied that you will dispose of this case without rerar
10 any preJldces and with an impartial view to Justice
VIII proceed 70 relate the factsAbert b. Van Colt III
panti was married to Miss Ann Eliza Smith his preser
we. IN the month of June, in the year 1892 lie was
that time young and enterprisng mechanic ;us
commencing business on his own account She was !.
honest girl humble in her sphere Of life Is true bu
interrupted He married against the wishes OF his friend
whose family pride were shocked at the CONTEMPLATE
unon for he consulted his feelings alone and because
thought and truey too
1.-THE rank is but the guinea stamp
The mans the goud for a. that"
Aiterl their marriage, he's caused her to be instructed
nay to be accomplished entertaining towards her the no
olest oil all sentimentsa desire that she should be no
20 none IN their path through life lie sought in the graft
ncaon o, ms own wishes in this respect her elevation
anu pine IN conquerng the preudces of his friends
and until their separation which occurred in the fall
1884, they lived in continued state of matrimonial hap
bnt for the insdous devices the ensnaring and
naeiy successful designs Of the defendant
too under such circumstances that vice ITSELF lift DOS
sessed Out the HE to express the action would blush
Its conception The acquaintance OF the defendant com
msnGed IN the spring of lstl at plaintiffs residence il
Williamsburg He was introduced by friend name,
Strong AMI shortly thereafter became boarIer in pain
ts family where he remained there until the fall Of tina
year. Al that time It became necessary on account
paintiHs business for him to leave the South and
about one week before his departure he informed the de-
iendant that as he was about to leave could no
oe accommodated, which defendant understanding in
lew Gays thereafter LETT and removed to this city The
pantif had been in the habit of taking his wife with him
ana intended to do so on that OCCASION but She for some
reason 10 MN unknown and fact to his great astonb
ment preferred not to accompany him No doubt gentle
man. that refusal was made because the defendant had al
ready succeeded in alternating the affection and good feel
ing sne had always entertained for her husband The
Plaihth departed to the South, leaving Mrs. Van Colt
ana two young ladies' in possession of his house,
wife not only without the remotest suspicion of inf
ty but with belief which he then entertained that she
was pure and incorruptibe. lie continued absent until
Apri following in the transaction of business and with
fond heart looked forward to the meeting on his return
the vile OF his bosom with infinite delight His cares were
soo.htu py the reflection that whatever might befa
MN uurihg MS absence, there home and partner
waing MN IN all the beauty Of domestic peace Where
was William H. Sharp during that timel Why gentle.
men you ma him, three days after plaintiffs departure
back to the house from which he ought to have been
ven as poisoning REPTILE carry ing on his
ana exercising all the seductive devices which corrupt
gentlemen, by indsputable testimony that the defendant
had frequent Illicit intercourse with plaintiffs wife in
Williamsburg, where his designs were consnmmated -
That he followed her to this CITY (ater she broke nm
housekeeping in the commenc ement of February 1871
rom place to place until the arrival of the plaintiff In
me month OF May following plaintiff hired the house No
GO Orchard street in this city and there YOU find the do
PENDANT continuing his visits, again violating the con-
dence OF the plaintiff which he had always entertained
and sacrificing the first Of all duties to the acyous In
cnation OF his mind, the craven impulse of his heart
will show you that he there day after day feed
ing ms amorous Propenses by excessive and disgusting
lrpuupntIV in antr los nd
bed rooms whilst Van Colt was at his meals in order
to avoid him And ii will appear that the whole
intimacy was sought by him, and obtained by de-
'cending to the meanest stratagems-.the most low
and abomnae degrsdations We shall show conduct on
ms part which the records OF ages may not parslle
;entiousness IN youth painful to contemplate and there
ore loudly calling for the iron mandate of the law to
'unsh Many of the facts will be established by wnes
cs that were not examined the former trial am ss
listed that i'll make our case as strong "a s chm
acter will allow and in which an leave no doub,
IN the only piI me t Tss plaintiff appeals for
,iLens; and courts and uries do not sustain him thew
down prosecutions Of this nature the crime Of the
results must inevitably ensue You will have similar
scenes enacted as in the of Amelia Norman and
young Mercer persons driven to desperation by the nd
erence OF their fellow men, inncting upon the seducer
he punishment he deserves. Yes il YOU frown them
town. plaintiff must leave the sanctuary of Justice nr
tented, and exap6raed still further probably take the
Weapon OF vengeance in his hands to punish what
he guardians OF the law have passed with impunty-
he defence anticipate WILL the former trial. con.
5ott by the plaintiff. ID, conspiracy by the plaintiff
Nnd thirdly improper and indecent exposure OF his we
erson IN the presence Of Mr. Smith and wife cher brother
md sister, and one John Pohemous two or three oc
ons and strange to say that each time it occurred in
nc presence OF another six seven wears ago.
Is to the first and second points deem il TO
ccupy any oil your time because feel confident that we
viii be able to show that Van Colt and
rs vile too much to abuse her. and could never for one
ioment have the idea OF abandoning the wife for whom he
Entertained love which consec rated md involahle
* to the third point, deem it necessary to make few
'marks because If 1t should be clearly made out unless
properly viewed, 1t might mitigate the infection of
ne punishment the defendant deserves Surprising then
the defendant establishes that Van Co in the
fesence OF the Witnesses named kissed his wifi, los IN
la point we admit, for they seldom parted without that
ken OF aiecton') partly exposed her BOSOM and show.
them her pretty feet and ankes-an hypothesis which
he name OF common sense why should il Justify or ex
use the crime of defendant Would it Justify the oh
I hv IN dong the same thing Undoubtedly not But
'ud be drawn, would authorize any person present on
ch an occasion, to violate the sanoy OF man IS house
'd and by alurng acts induce the partner of his bosom
prostitute herself VIII it be supposed for momsn
any intelligent man that such exhibition would ex
Use spectator TO abuse the confidence placed in him
u ROD husband oil his wife and his happiness You
light with the proprety say that person passing
Jewellers store for instance, where there were num-
T OF watches exposed at the window and stealing them
oud be excusable because the thief pleads and
at the owner exposed them and he accidentally
7, saw them-their beauty value tempted him-he
ereore thought he had the right to commit the crime
'uld you under your oaths Jurors acquit that man
'rtainy not You would think, as | do, that |
On a defence was rank nonsence. Gentlemen
an Colt to your satisfaction-which ! deny they |
er can though they have all their interested relatives
ar and remoteit ought not to initiate against the plain.
here We have yet to learn that one crime jnsiies
other and the moment that it known as the law of
land emanating from the jury box then alieu to the
ace liberty and life of the citizen Only let be spread
road that one seduction usfes another or that little
cord between husband and wife authorizes the perver
n OF the wife, then adieu to sacred marital right On.
,L :c.
husband in the presence of her friends will Justify
n in seducng her and you will have such young men
the defendant here If unfortunately such can be
will have them working with all the keen eagerness
passion to destroy first the wife and then OF course the
ppness oil the husband But trust that no such edict
II ever go Forth That crime will lie punished accord
to the penal law, and that body Of sitting as
protectors Of civil rights will ever establish the dan
rous principle that crimes made venal by the occa
n. but Tint they are externally venal and must be pu
he'd and further thai the prmitory code in order 10
sten the conduct Of men, and regulate society on it's
2 basis an unqualified morality will never be over.
ked IN the consideration OF offences against IT, You
st support as well Tor your own protection that Of