The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-13

pared 70 report and asked for further time, which was
granted Justice Gilbert was present, ably prepared to
teiute al That could he presented az ainst him.
charges were preferred against Justice Stevens of the
lower Police, which were referred to a committee.
Circuit Court.
Before Judge Kent
MARCH 2-Pan Cot VS.. Sharp.-The Court was crowd
ed to excess at an early hour
Mr. De WITT replied the address OF counsel for the
defence and travelled over the entire ground taken by
Mr. Jordan In the Of his remarks he made very
ceedngs in courts of Justice and went on to say that he
sincerely trusted the legislature would intefpose its
press arom courts but also the public large that
trials should he conducted within closed doors. The
learned gentleman at this portion Of his address, became
quite pathetic in hin sublime commentaries the
rous evils resulting TO society and the morals Of the
munity by the publication Of trials in the newspapers.
He had however scarcely concluded his attack upon the
liberty Of the press when he took occasion to refer
publshsd report Of the former trial. which he held in his
hand and relied upon for facts support of his position
MIR. JoRpAN, Gnerrupting THE facts referred to by
the learned counsel will be found reported in quite diff
ierent way and directly contrary to what The gentleman
Mr. De Writ hereupon took up the publication referred
TO- which was bound up in folio, and after reading
taken on the former trial admitted he had been wrong his
views on me subject upon which he proceeded with his
aaaress' Inc facts o. the learned genemans mistake
ana the oil the newspaper report thus brought
before the Court enough not ntrodnced eydence fur
inches the best commentary upon the gentemans good
taste legal skill and strong OF morality by this out
OF the way onslaught upon the press Mr. De Witt made
further alusion to the publication Of Mrs. Vann Colts let
ter and address, from ten of the Jury the last trial.
which appeared in the Herald" Of yesterday which he
described as an effort made to ioresa Justice and nhu
the present trial. The reports referred TO
to have been taken from the "Herad,o ana furnish
proof Of the correctness and accuracy of the reporter
JSn 70 LOOK exceptions to some points in the
which he Court to bear in mind in the charge
to the Jury.
the presence ola full aud densey thronged Court-en
tlemen o. the Jury rise now to close this long and ardu
obligc to go into those, facts which the whole of
this trial have brought before the public. The case in
itself \ SO extremely dsgraceiul that consider it
Puolic calamity to be depl0red in this communi
ty, and for the sake of the public morals, ! regret
az has been remarked by the learned who
addref YOU that have not been empowered to conduct
with closed DOORS and when is considered the weight
which attaches to characterize your characters
community and that you would put an end to such
lamentable and deploabe state things as that of feeding
thetpubc appetite with the revolving deveopementswhch
THIS trial has produced Gentlemen of the jury this
involves no question of law and there are but two facts
for your consideration which require sound dscrimin
aon on the part OF the jury The first is to the fact
Of the adultery being committed-being the material
branch OF the casshe last il involved in the first that
you must believe the fact of the adultery being commit
TED 10 make out the case and is the duty Of the plaintiff
the burden lies hmo make out the facts charged
against the defendant This is just in moras is Just
in iaw-ust as regards all crmes-and OF all offences
against morals where needs ecusion more all
others than the crime here charg ed-you must place
implicit reliance upon the character Of the evidence TO
sustain it. This case gentlemen must be determined by
circumstances and this being the fact the
be of a strong and conclusive nature s,,b as afford
instances which would lead to the opinion in the minds of
discreet men, that adultery has been committed 1t is not
sufficient for you to believe in famarities and that
oil conduct which goes great way to establish pre-.
sumption OF guilt-as a learned authority has laid down
in law-but you must believe in every circumstance of
the case The vast mass OF testimony that has been laid
before divides this into two branches the plaintiff
must establish his fully, and in order to do this we
meet Tso o m.U ns O. van COTS family
at the Sonclusion that the injury has been committed you
are sR gentlemen to consider II has been injury
Van Colt In the next place has been told you about
Van Osts centionsness of conduct must first com
ment as to this latter point upon what for de-
endaat has called my attention to, namelythat "n il
shown that the husband was himself seiucer and
strong evidence Of the fact being introduced on the trial.
he wond not be entitled to damages j" and in the next
place. If the husband had connived at the guilt of the
wife did not dsentitle him to verdict from jury7"
differ with the learned counsel these points, for though
it be established fully that the husband had the
guilt Of his wife he would still be entitled damages
The rex question is, if the husband guilty of adul
been decided in the English courts and it remains to be
considered has there been any testimony introduced
mus tia nat mas approached to prove criminal conduct
Eliza Tompkns and that testimony relates to what has
been imputed after the separation Now considering the
history OF the Van Colt family with all the circumstances
connected with them find he is married in 1882 to his
wife Eliza who II appears was not then Is OF
and is only in her Goth year. This history just
amounts TO ths-Each one at the tender
age OF youthand is TO be lamented that the customs
OF our country should encourage those early marriages.
alike dangerous to the young Of both sexes We find
them in 1886 living in Division street where they remain
until 1888 when Mary Riddle house; they
then went to Williamsburgh in 1885, where they con-
tnued until the spring Of 1910, when sharp goes to
board at their house, and then in is4i Van Colt
Orchard street. where they finally separate Now, gen.
emen what the history Of Van Colt during this time,
and what Is his characters fer as said before 10 very
necessary to ascertain what poisoned his we mind and
what testimony led him to believe that these famares
we're such as to admit of the construction put upon them
His Honor here recapituated the testimony and com.
mened upon it at considerable length In the Of
his remarks he dwel upon the extreme youth Of all the
parties and impressed the minds Of the Jury the unfair
OF judging Of the acts OF persons young by the
binary standard in such cases. His Honor then, went
through the testimony of the witnesses in detail and
taking up that Of Eliza Tompkins went to say that II
derogated good deal from the high moral stand,
scheme OF the defence to introduce such person. who
tary upon the acts Of the parties directly implicated
namely Mrs. Van Colt, Sharp and Van Cott his
Iionor's charge in relation to the evidence of the
the witnesses introduced at either side to sustain the
charge Of guilt and crminality, exceedingly favo
rabe the ground of the youth of the parties His Hon
reviewed the various points introduced in the evidence
Of John Van Colt witness who had not been exam
med on the former riaD with much minueness, aud in
structed the jury dwell upon the character OF
tmony. the probability of brother standing cosly by
to witness the foul dishonor Of hs brothers. bed without
taking steps to pansh the parties implicated He also
Of the concealmen on the part Of this Witness in relation
to what he had seen the night he alleged to have
Honor wound up this part Of the charge by mpressng
the minds ofhe jury the fact Of the between this
witness and Sharp, which occurred at Williamsburg; and
then directed the jury to weigh the motives and the pro-
liabilities of truth In the general statement Of this witness;
and that they should consider whether he had
mittcd perjury The evidence OF Haght, person in
the employ OF Van Colt. and who having gone
the top ola house where he Sharp put his hand
Mrs Van Cots bosom, also dwelt upon with much
weight by His Honor, who after directing the jury to
weigh well the entire evidence and circumstances
pccted with tho case concluded by remakng that they
should be fully convinced of the guilt of the before
they could render verdict.
The Jury then retired, and remained In for about
hour, when His Honor adjourned the Court verdict
will be rendered this morning. at half past ten o'clock
STRIKE IN THE Coal PrTs.-Yesterday morning,
the coal beavers Of Richmond struck for an adj
vance of wages and being the strongest body, they pro-
ceeded successfully in forcing all the different laborers in
the vicinity to join them. Some that were engaged I'M
Ger contractor in removing earth from the line Of the
railroad above 10 fiji up some low portions the road be-