The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-05

postponed until 10 O'Clock and the Court nd.
ourned His Honor the Mayor is counsel for the pri.
Judge Belts cautioned the Jury against conversng with
each other or with other person. the subject Of the
trial, until the sitting OF the Court tomorrow.
Circuit Court.
Before Judge Kent.
MONDAY, March 4-Kreme Us Puon for Grim Con-
The jury returned sealed this case at the OPEN
ing OF the Court and rendered award of 5000 damages
to the plaintiff
The jurors summoned for the next case were then cal
led and nine Of the PANEL not answering their Names
they were seyerally fined s25 for non attendance.
The case of Van Cot Sharp being the in order
on the calendar was called by Judge Kent and after
the jury were snpansed young gentleman in frock
coat. with black hair OF most intense gloss and very
decided curl rose and opened the in speech which
he read in low under tone from olerably voumnous
who pad most desperate attention enabled CLEAN
the facts that was an action for criminal
with the plaintiffs wife, brought by Albert b. Van Colt
against William H. Sharp, and that the damages for this
marital trespass was laid at $40 900.
this case has been tried before (revived in
consequence oil the disagreement Of the former jury and
as all the circumstances connected with it, well as
every particle testimony the capable Of has al
ready been faithfully reported the columns this paper
wesneed not recapi,ulste all the mnutis again
Aher the conclusion of the opening, Mr.. De Wirr for
the plaintiff, called to the stand
JAccp Psrr-This witness stated that he knew Van
Colt and mis- wile but upon being asked if he pre-.
sent nj the time Of their MARRIAGE suddenly sunk his head
and made no answer Upon the question being repeated
he replied that he mr. and upon being inquired Of il
that was the reason Of not answering the question: re-
piled in the negative stating that he refused to it,
The question then put again. This time the witness
answered readily that he had been present Mt the time of
the marriage and that the ceremony took place in 1892 in
Mangin street.
DocroR MoxreoMERr J. BAILEY next called. The
Der Of yearshe former much II and the lat.
ter 10 H. They resided formerly Division street in
1885, when the aedged criminal conversation for which
this action is brought committed Van Cott who is
ewsier is the cousin Of his wife and great degree Of
intimacy up to period previous to the last two years had
existed between them Van Colt kept boarders in Viii
iams6urgh, and among them in 1884, was young
named William II. Sharp. This gentleman, the Doctor
estes to having first in his frequent visitings the
house. in lsl and also to having most of his
day in the month of August isii the Doctor entered
The back basement OF the house, and passing a
colorsd female servant whom he met at the door,
went to the front basement room, where the ia.
mily usually lived and took their meals: the door was
partly MAR and on looking in the perceived that the
was somewhat darkened by the drawing to Of the shut
ers he went in and he did So Van Colt stepped
from the sofa which Sharp lay reclining at length and
alter opening the shutter turned to dressing glass in
another corner Of the to arrange her hair which
hung down her back and regulate her dress which was
started up first with some degree of astonisbmen out
upon asoertaning the character OF the vse sunk back
again with the remark of ''oh, isthough it Yan
II was Van Colts custom to make journey the south
every winter on business and this he away
some time in October November, return in the fol-
there several times On the January ls42 the Doc.
tor and his wife visited Van Colts house sharp who
shortly after which. or at twelve o'clock, the Doctor and
his wife went to bed leaving MIR Bella Mrs. Van Colt
former followed Immediately after Yards and went ND to
his room but Sharp not heard to up stairs
Though the doctor lay awake long time and thinks he
must have heard him II he did On the following morn
ing going down in the basement, he found Mr. Bell
SHARP and Mrs Van Colt there. Sharp sitting near
devil as he had not gone bed Till O'Clock in the
morning" The doctor further testified to having
sharp hug and Kiss Mrs Van Cot. once or twice, and
that he had him otherwise rude and Sorward and
also that Van Cos treatment Of his wife kind and
ssconate furnishing her with teac hers in music, dan.
This ended the direct testimony of the ness and the
COUNSEL orthe defendant entered into rigid crossexsmi
nation, in the course OF which strong and persev
effort was made TO show the intimate OF in.
erest between the witness and the plaintiff for the pu.
pose OF casting dscred upon his testimony The Doctor
further stated that he did not inform Van Colt before hp
ivan Co went South, of the in the basement but
ntimated to him the prorrety of taking his wife with
him hut when Van Colt returned, sometime in the
month Of May, etod him all about it, This information
the witness testified to having given to Van Colt pre-
one which Sharp wrote him hearing the nature of the
doctors disclosures to the hnsband which denied having
Colt or the character of the intimacy between him and
the wife In the interview with Van Colt. the doctor
testified that when cautonng him against Sharp he had
said that he wished to BIO distinctly understood that he
made direct assertion against the honor Of either pnrty
and that he did not believe that anything wrong had
taken place. This led to interview between the
whole three, Van Colt, the Doctor and the defend
ant, in which the same language repeated by
the Doctor. This was sometime in the month of May
sharp denied that he sat up with Mrs. Van Colt the
New Years evening and also denied every thing else cal
culaed to implicae him. The Doctor further testified
that the time of the basement scene Miss Wsldron
and Miss Ryder resided at Van Cots and that Van
and he had falling out in consequence OF his woundng
Van Cos faith by making these disclosures regard
his wife The Doctor further testified that Miss Waldron
wrote him letter informing HIM that Sharp had taken
improper liberties with his wethat he called Sharp
about it, who denied the charge in toto declared
he would Miss Waldron and have the explain
him that Miss Waldron would write herself and
plain all Upon the top of all this Van Colt writes let
dare to mpugn the honor Of his vile and him his fenS
Mrs BAILY called.-Ths witness the wife of the
last witness and testified to the New Years night scene
and also 10 having Sharp kiss Mrs Van Colt take
her in his lap and feel her limbs divers She more
testified his having had the audaciy make
Imorous demonstration her, in the way of kiss,
though this occasion there other females by ali
Of whom shared the same fate from the adventurous gal
lady testified to having laid AXE till three o'clock in the
morning. for the express purpose OF listening to hear
whether Sharp came to bed no; but that she
tain that to that hour he did not the STAIRS that
she went down in the basement in the morning. and there
found Sharp in his panaloons, alone, in company with
Mrs Van Cett Mr.. Bell, Miss Wadron and Miss Ryder
Mr. Sharp made to her husbands (Dr Baeys)
question afterwards to what had kept him lac
till three o'clock wash up the dishes" from table
on which they had had late supper the night before 1t
was before New Years. when she sharp kiss Mrs |
Van Colt aud feel her limbs and Mrs Van Colt all of
these occasions repused him. When Sharp kissed Mrs.
Van Cott Miss Waldron also present This with the
exception Of the averrmen Of the kind treatment Of Mrs.
Van Colt by her husband all the testimony of this
witnesswhen the Court adjourned until the following
day at 10 o'clock.
u. =. MarshRll's Office.
MAncn Two sailors. one named Robert Thompson
aud the other George Collins, both hands board the
ship Charles Carroll sent home from Lisbon in irons
by the United States Consul that port take their trial
or attempto murder the mate, and to create muny
board the ship They examined this morning be-
ore Mr. Commissioner Rapee, and fully committed TO
lake their trial.
City Intelligence.
EbQllCG MARCH Il xA,aINA 0rrIr