The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-09
Circuit Court.

rHIH DAf-MARCH b-Crim COn--Tau Colt
ShsrP-Ihe anxiety manifested by the public in throng
ing the Court to its capacity every day since this
trial has commenced shows intense interest which is
taken IN the result Long before o'clock vast crowd
had collected about the Court room door and blocked up
the passage SO as to render difficult the door keeper
10 make ms way to open the Court room, after which
thee was rush Tor places almost to endanger life
and limb, upon which the benches quickly filled up.
jury were called over and answered.
THE DEFENCE
Mrs. SMITHS crossex aminatio was resumed by Mr.
DE WITT heard Van Colt call his wife lazy little
and heard him abuse her thus in the of
Mr. Polhemus he also called her hateful little DEVIL he
abused myself also in his house six years ago,
hen was in delicate situation then gone in the
family way some six months; he invited me to go to
ball and made use Of expression which could not with
proprety, mention; never stated to him any else
since the last trial. that would look like Alderman
| went
Counsel here pressed the to his question TO
the precise words made of by Van Colt to witness on
swer.
CouRr-There be no use in pressing answer
ne witness states the was 80 indecae as
not to admit Of explanation think you ought to be sa
tisfied with that.
Mr.. De WIrr-I have an Interior object in view; and it
is on this account urge an answer Tell me, Mrs smith,
to what ball had yOn been invited by Mr. Van Cott'
WrNEss-l believe to ralmo's. The liberties have
spoken Of were taken in Van Colts house; often
Van Colt expose the person OF his wife to gentlemen;
had cony esaton on the subject OF these liberties with
Mary Riddle; ! saw misconduct exhibited by Van Colt
towards his wife frequently at Wilamsburgh saw him
take up his wes clothes in the presence Of Mr. Pardy
when ! boarded there; this before Sharp boarded
there saw Van Colt d. this in presence Of my husband
Mr.. Pohemus, Mrs Betsey Dixon and several others;
these liberties taken his house in Liberty street,
know Of black girl that lived Liberty street. named
Sarah; there was another black girl, don't know if her
Girls; they lived in Liberty street about Ave
six years ago; saw these liberties taken frequently by
Van Cott he generally used to unpn her dress and ex
her bosom he generally used To lift her clothes above
her knees -(sensatonD heard conversation about
letter in 1884, before they finally separated this letter
was written in Van Colts wife's name and contained
something about coats have frequently Mrs. Van
Colt have these fits; Van Colt generally out OF humor
on these occasions and used sometimes to grow at heron
some occasions he would say"Well, Mol come wake up"
QaugherD never saw him these occasions 60 for any
thing to relieve his wiie have Sharp kiss Mrs
Wan Got at Christmas dinner party he also kissed
Mrs. DR., Bailey was also kissed was brought up at
Poughkeepsie ! worked in a mandatory was not
and put in his coat two letters taken up from the
carpet by Mrs. Van Colt said to Mary Wadron
Mary Riddle or others that Mrs. Van Colt much to
blame; never said to any person that Mrs Van Colt
to blame never Sharp present dress to Mrs Van
Colt; was presented by Sharp with dress some two
years ago boarded at Wan Colts and paid my board by
my services saw Van Colt weep when his wife
had fits; never told Mrs Dr. Bailey that Van Colt
the best of husbands had conversation with Mrs DR..
Bailey.
CouNsEL-We don't want TO hear that.
Mr.. JoRpAN-The witness is fully entitled TO give an
PLANTATION of this conversation.
LCOuRr-lf it arises tout of her direct tesmony but a
conversation such as the referred to here cannot be
allowed in evidence
WITNESS to Mr.. De Wnt-My houre was partly, well
furnished.
Counr What does this tend tot What has the well or
ILL furnished condition of the house to do with this trial
MIR. JoRDAN-lf the object be to show that the people
poor am willing to admit it, but that is not
why this witness cannot tell the truth really think this
course Of examination takes up great deal Of time
necessarily.
Mr.. DeW,rr.-I suppose the learned counsel knows
nothing OF saving time except to what he gets from the
dictionary but practically, he knows nothing about it.
ask you, do you know Of any member of the family
whose house was well furnished Van Cotts1
WirSEss.--I know Mr. Bells house TO have been well
furnished.
Mr.. JoRDAS-I think this has nothing to do with the
case. have been told about my slight knowledge oil
aarni, This counsel If Ne likes; bat think in the
course Of this trial. have abstaned from any indication
Of disposition to unnecessarily consume time.
Mr., DgWIrr.-The opposite counsel is very touchy.
Mr. JoRpAs appeal to the court IL this Is to be toler-
ated? think have conducted this case with degree
temper and torbearancs which do not justify these
marxs and must now, once for ALL protest against any
such allusion from the opposite side.
Count wish the examnatio 10 proceed. Gentlemen
there ia nothing before the court.
MIR. DEWITT am not DESTROYS, your honor to ente
into competition with gentleman SO proverbial as Mr.
Jordan. shall let him have il all his way without
competitor.
Tie CouRr again interfered /; and the witness wal
asked few further questions. to which she replied
confederation of her direct evidence.
Counsel for defence here rendered, through this wit
to show that plaintiff Van Cott had bastard child
with the wife of former partner in trade which
ruled out after protracted argument The Court re
marking that it within the rule laid down to
clude any matter which had not been introduced on
ton that would consume time TO unlimited extent.
His Honor also observed that he determined to strict
y conne the line of examination either side to rigid
rule
Mr.. here put in the bill of DIVORCE filed in
Chancery by Van Colt which he said stricken of the
files of the court and dismissed.
Mr.. De WTT-We admit the fact to the dismissal o
the bill
Mr.. Epw.RDs-And the order for alimony'
Mr.. De WITT-Yes.
MIR EpwArpsshe filed petition and the bill was dis
missed with costs: The Vice Chancellor gave an OF
stating she entirely destitute, and LEFT without sup
port, upon which an order made allowing her Sl0
towards defraying the expenses which, though poor h
did not receive and the court also made an order for ali
mony.
Mr. De wrrr-In relation to the order for alinony,
not peremptory We admit the perempory order fol
the $l00-we admit the dismissal Of the bill perempo
rybu the order for alimony referred to master
Mr. EDwARps-Yes, in the usual way-but VIC shall rest
the bill of divorce AMI Mrs. Van Colts answer.
After few further remarks from Mr. Edwards in sup
port Of his position the reading dispensed with, ant
his points were admitted.
Mr.. JOHN PoLHEMus was here sworn and examined by
Mr.. JonpAS.His evidence went chiefly in confederation
OF the testimony Of Mrs Smith, in relation to the bai
treatment Mrs Van Colt had received from her husband
no detailed various instances Of improper treatment
the part of Van Colt towards hs wife when he WITNESS
had been present he stated that he has
Of an hs q
ei to him (wtnes) of having had bastard child will
the wife of his former partner which bore strong re
semblance to him Van Cott) fThe court nvulset
with laughter at this part of the testimony
WITNESS in continuation to Mr. JoRoAs-I often hcart
Van Colt call his wife We, also trolloF and --
b-h several were present when Van Cstt boastet
about his child persons have often been obliged to leave
the in consequence Of the smuty expressions made
use Of by Van Colt in his own house am married over
five years. Mrs. Van Colt visits my wife; prevent
cd her visits.
Cross~ramined by Mr.. De WIrr.-Wers you ever part
ner in business with Van Colt
Ayes.
Q-When you heard Van Colt speak Of having thi,
child with the wife OF his first partner did he mention tn,
n1mc1
Ayes
Dr. Wrrr-Tcll il TO us.
Mr. JoRpAN-I object to this The charge may he false
nnd do not the necessity Of introducing III,
nome.
CovRr.-Do you think this essential Mr.. De WITH
Mr.. De WrrT.-I do, your honor. Come sir, tell us tn
OF the former partner! Were you not Mr. Van Co'
first partner
Al was not.
Q--Then tell us the name Of the partner
A-ITis name was Price, a tailor
Q-Had you any difficulties with Van Colt, when 20,
broke up partnership
A-No
Q-IIow did Mr.. Van Colt and Mrs. Van Colt usual,
sit at table 2
A-(;enerally near each other.
Q-You left the in disgust at Van Colts conduct'