The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-18
Circuit Court, Kings County.

room but every Leading densely crowded
some Of the most fashionable and respectable citizens
seemed to take great deal of interest the the
case About halipast ten o'clock. Judge Kent arrived,
accompanied by James X. Whiting, Esq. who spe.
cially engaged as leading counsel or the de,ndant-
Alter the Juoge had taken his seat the Of the Jurors
We're Called over and his honor directed defendants
sci. proceed
Mr. srooNEx the junior counsel for defendant led Mrs
Osborn very fashionable and lady like woman, 10 the
witnesses stand. IL will be remembered that although
thus lady not party to the record, she is the pei
who will be most essentially affected by the verdict of
jury II II be In favor oil the plaintiff being with the
defendant is charged to have had criminal intercourse
Mrs. OSBORN testified that she married in 1881
knows Doctor Van Cort lived with her husband the
corner OF Fulton and Powers streets a very bad
state Of health for five years, and not expected live
was introduced TO Doctor Van Cort by Mrs Cummings
he prescribed tor her was acquainted with him little
year she and her husband Doctor
Van Cors house witness husband before
they removed she said 10 him ould be a good chances
the Doctor said that he would charge any they
owed their landlord time ana she told her hus
Dand that she was apprchensive he would turn them
but she said he might please himself about going the
Doctors or not the next day the day AFTER while wit
was from home her husband took all the furniture
the Doctors house her return TO her house she
met her husband with picture in his hand gong the
Doctors positively says she made any threat to
burn the house stables she might have said TO her hus
band, but long before the removal to the Doctors
resided in consequence Of the offensive smell from the
bes and the number Of them about the house. Witness
was never charged by her husband with indelty until
alter they to the Doctors he unable sup
port her before they removed he very badly of
| money matters; he was in no business and earning
money! after they got to the house in Pearl nus
band and she did not sleep in the bed for
siderable time before we went there's her health very
she found she could better; they came to the
Loctors he began to tease her to sleep with him. and
she still intreated Of him to allow her sleep alone
from the character OF her complaint such
| solutely necessary; knows the man named Lyon who
was examined yesterdays positively says that the Doctor
never kissed her, nor put his hands round her neck
did she put her hands round his neck he was much
intimate with other ladies than with Witness
had any improper connection with the Doctor With any
other man never was locked in room with him except
upon occasion she sitting with him in the parlot
to which there were two entrances her husband came to
the door which happened to be locked the Doctor mme
daiey spoke to him and desired him to the
door. winch was not locked, and he accordingly came
and nothing was then laid about in reference what
her husband mad sworn about seeing Of the
Doeors room i'll the morning. she stated that the Doctor
had night been taken very ill and had to 20 to bed
her husband wished up all night with him. but
the Doctor would not allow it she in very early in
morning to see how he was and her husband happen
cd to see her coming out that the only morning she
was ever in his room while he was there.
WHIrIso-Now, Madam, state under what circum.
stances you went to ride With the Doctor the day
| husband abused you after coming home.
WrINEss-The Doctor was going to the neighborhood
ford that in the habit OF visiting; stepped into his
carriage and took my child with me- he down
there and visited Two or three OF my friends and
manned there until he visited his patients and retuned
he then took child and into the carriage and
returned homes this was the only occasion went
| out to ride with him without my husbands knowledge
and went with him before by his desire Thought ii
was no crime to this time, he in the way
| ask his leave wnen came home my husband was In
great passion afraid of him and went up stairs to
the doctors office; do not rccoect what was said
upon that OCCASION but is false that threw lamp
at him. had lamp in my had and he caught hold OF me-
and in the scuie the oil spilled my Dress do
collect what passed. except that he said something
riding out with the doct0r told him where had been
and said thought it was no harm, had often gone
with him before by his directions and begged him
WHrING-You heard Elizabeth Lamberson testify that
you walked up and down the room with your round
the Doctors waist and his arm round yours Wa" that
wIrsEs..-I never put my round his or any other
mans waist in my life, except my husbands nor did the
| doctor put his hand round mine.
WHIrIsa-Now state what took place after your hus-
band LETT the doctors and went to Mrs Dawson's.
| WITNEss.-Alter my husband went to Mrs Dawson's
| from the charges he made against me-the manner in
which he worried me- and his violent temper was afraid
90 with him but after that never stopped at the Doc.
| tors might have gone there occasionally, and nigh
have slept there half dozen times. having other
place at the time to go; slept at Mrs Cummings the
three first nights aisr we left the Doctors but the place
was so uncomfortable could not stop there any longer
| had to conceal myself from my husband, he having
threatened my life several tmes-upon occasion he
threatened to shoot me; he also circulated report that
was insane, and that he would have taken up put
III lunatc asylum then to New YoTk to Mrs Bo.
CARTS in Goeck street TO sleep, and conceal my sell IRON
| my husband.
| Crosssramined 6y DIxEMAN-Was married in Madison
county, in this State has brothers living in
that county; witness husband consulted about 60
ing to the doctors; the doctor talked to MIN about
knows person by the of Dannahcr tailor; does
not recoec that he in when ltness and the
were eating strawberries does not know that the
to Dannaers for the spoons eat the straw
remembers the night the doctor threw down pillow;
1t was the night Miss Cummings slept with illness; does
know what part of the house the doctor slept that
night; might be in the third stoTy in the
DOCTORS after Mr. Osborn left except the night wit
sister slept with herr they slept together in the doc
| tor bed that night
Q-Where do you reside madam Ain Hudson street
| Q-What part of Hudson street, Al don't wish to
| tell; am afraid of my husband.
| DKEMAs.-l insist upon an answer. madam.
| WHITISG.-N the Court please she is not bound to
the question disclose her residence under her
present She is this watched by
her husband and he has persons ready seize and
carry her off charge of lunacy. What has her
to do with this casel and to what end the
ton be puI sued but to furnish her husband with the
Of pursuing her If the counsel show that it
will eucidate the truth, bear the case, have
objection that he should follow it up.
Question repeated, with liberty to answer it or not
WmrISo.--Answer the question. Another shall
be provided for you before leave Couryou shall be
protected from your husband.
| WrrSEss-The room Is In Hudson street. near Canal
street; don't know the number 1t in the Doctors
house my husband threatened to shoot me; don't
Der there any in the house the day the Doctor
sent out for the strawberries When my husband went
to Mira Dawson's, said to him have already said,
that he worried much before. that would not go
with him. Odd the Doctor buy you any dresses since
your husband went to Mr.; Dawsons. Ale bought me
two dresses Of shilling calico ut the request of hus.
band my husband told me that he went to the Doctor
and desired him to do q. Did he give you any
it was given to her by Mr.. Mills who owed TO my
husband earned the price of my board and paid for It
az formerly did own ana LOT OsDorns; never
told Mira Hulhsh that witness expected to be widow in
two years and that she would then be married to man
that loved her very much Mrs IIulfsh end she was
speaking once and she recoec saying to her that
one had told her she would be widow, and witness
piled that she did not believe it, she herself much
| more likely 10 die than Osborn.
d. IisNciMAy sworn-This witness testified that o.
born after the difficulty between him and his wife said
the presence of the doctor that he believed her to be
viruous woman and that nothing criminal passed
between her and the doctor he also testified that Osborne
said he heard h wife wanted money to cross the ferry
aud asked the doctor he had given II to her. the doctor
said he had ond Osborn said he would give the doctor
credit for II this about ten days after the ARRAY be-
tween Osborn and his wife.
WnLr.M MoCABr sworn.-IIe testified that Osborn
and the Doctor came to his house ogehe they slept in
ply stefan he twice said he had the appear.
| ancc Of a gentleman. When they came, they always
took tea together, and the conversation turned on
| the wants and wishes of their wives Osborn said
the Doctor had raised his wife from the grave but the
last time Osborn TO his house. il on Sabbath