The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-12

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these the questions which, under soemniy Of
your oahs you to pass upon this day. Yes gentle
today watching, with all solictude, whether tn,
base aduerer to abroad again. unscahed, BRANDED
I with indignant punishment
Sixth DAY, March 9th-Crim. Con.-Tan Cot VS.
! Sh1p.-Ihe court was crowded early hour Mrs
Van Colt took her usual place by her counsel.
MIS- hANs.n fo.sE; examined by MI Joap.N-i he
marriage; was at their house after their marriage; wit
messed his conduct, which generally indelicate to
I them.
3 Crossexamined by Mr. De wrr.-Mrs. Van Cot. ha
made house her residence since she the city
and during this trial visited Mrs. Van Colt at Williams
burgh; aid not visit them in Orchard street since heart
OF this busness saw him kiss Mary Waldron and ohe
females; he also kissed my SELF felt offended his rude
ness
4 To Mr. JospAs.-I was very intimate with Mrs. Var
| Colt before her marriage.
Q-Was she not lady Of a pure and spotless reputa
ton ?
MIR. De wrrr.-I object to the question.
Mr. JoRDAN-l have a right to put the question.
| CouRr.-This is surely unnecessary.
Mrs ELIZA ToMPKINs examined by Mr.. EpwARps.-
have Van Colt beiore resided 80 Mulberry
in November and December last; was living in the
had room and bed room; the apartments lay on the
third floor from the basement; had girl named Anne
Phpps living with at the time she slept with me-
was only one bed in the bed ROOM remember gentle
man having knocked at my door about o'clock Fri.
day morning; we were both undressed; asked who
there; was undressed; gentleman there and he
asked there as girl there OF the Of Brown that
pointing to Mr. Van Cot not the gentleman think,
he has resemblance to the that Called saw that
ring; that gentleman (poinng to Mr. Van cotp gave
the ring; girl named Anne Phpps accompanied me to
the sore the gentleman returned my house with Anne
Phpps; believe that is the gentleman.
The court here ordered Mr. Van Colt TO confront the
witness to enable her to ascertain his identity, upon
which, he went forward toward the stand and asked her.
Am the manF' The witness replied, "You very much
resemble the man. but can't swear positively
| To Mr. EDwARDs.-l then returned with Anne Phpps
to our house and the with u.s. think this il the
man Anne Phipps and the gentleman renamed together
in room for about three hours when he entered Anne
/ he at pavp me- he
ring accompanied them to his store, Bayard street
in the Bowery got the ring from him said our
going out suppose you going to get the spoons he
promised you there sign hanging out the door
Van Cott is on the sign Anne Phipps said, when he
entered the room, "this IL Mr.. Van Cott " gave the
ring to have it mended and got back from the
man.
Crosserami,ed by Mr.. DE- WIrr-The house kept be.
longed to man OF the name of Jack don't know where
he is now; not that he has been put in the
penitentiary some two weeks ago. boarded Ann Phpps
| Tor nothing.
GLOW do you get your living'
Al do not wish to tell.
QThen you object to the question, because it would
criminate YOURSELF
Al do not wish to answer It.
CouRr-You are not bound to say anything that would
lmpllcae yourself, you have objection TO answer
WITNkss-l do not wish to answer the question.
The witness on leaving the stand directed by the
aside and not leave the court.
Mr. Jons BLAKE examined by Mr. EDwAKps-I was
connected with the Park Theatre in 1912 remember
Fanny Esslers dancing there about the Sd of January
lSa2 she danced in two pieces il would have been lit
tnan III O'CLOCK when the performance was over
the performances usually concluded little after o'clock
Cross esa,ain.d by De WIrr.-When Fanny Elssler
danced in two pieces she usually opened about o'clock
her last piece usually terminated her evening perform
ance on the evening OF her benefit she might have
danced three times could tell by referring to the books
Mr. GEORGE j. SHARP swOrn.-I am brother to Sharp
the defendant he very young when his father died
my brother lived with his mother and stepfaher before
ried again. my brother only years OF age he II
last September he was in lawyers Office.
Gr0sseramined -My brother Is not student at law
TnefP cAl al A man uya neal
and confronted with witness, when she asked il he
had been the person who gave her the ring Witness
piled in the negative and withdrew.
The Defence here rested
Plaintiff counsel here applied for leave TO introduce
able at the early stage of the trial consequence of II
health The Court required an affidavit before the motion
could be entertained.
The rebutting evidence was here introduced.
MARY WALpEoN sworn.-On taking the stand she burst
into tears and wept bitterly during Of her exsmina
ton There seemed to be good deal Of anxiety this
witness for, making her appearance there loud
buzzing noise raised through the She dressed
in black velvet hat and veil, and dark green silk dress
turned up with black velvet and frnges ana appeared
quite fashonably dressed On entering the Court ROOM
looked nquiringy around her eyes rested for
moment on Mrs. Van Colt. when she quickly walked to
the stand.
Examined by Mr.. De wrr.-l am 10 years Of age
am aconnexion OF Mrs. Van Cots Mrs. Van
Colt and my mother cousins my father il
living my mother is also living my parents
are in low circumstances my father 10 not able to
support niche is an Incorporate man I about l6
years OF age when went to Mr. Van Colts to live had
boarded al MIS- Cottg mothers short time before
went to reside with Mrs. Van Colt a companion
There illicit intercourse between self and
Van Colt there never has been any combination un
Outstanding between Van Colt and myself expressed or
implied that was to become Van Colts wife In case he
got divorce.
Cross rnmined by Mr. JORDAN know Mr. Jones I
was present during the whole Of the last trial
as witness do not recognise the handwriting which
these two letters produced are written the writing docs
not appear like Mary Riddles hand writing There never
was any engagement between myself and Mr.. Jones TO
contract marriage.
n n;Jco A. IL, al
Al do not wish to answer that question
Q-IIas he not paid you visits |
Ale called to see
Q-What has he written to you in the letters was il no,
proposal for marriagel
Al decline answering the question.
CouRT-l do not see why you should object 10 answer
ing the questions.
wrsissI lie has written to me, and have written to
him saw him for the last time in October last he left
the city then, and has not since returned.
TosMR. JonpAN-I became acquainted with Mr. Jones |
beds in the house at williamsburg there was also
a bed there belonging to Mrs Plain do not think it
A motion was here made by affidavit, calling on the
Court the part of the plaintiff for leave introduce
new witness for the direct, as noticed above.
Mr. Jonp,N resisted the ground that II was calcu-
lated to let in matter contrary to the rule laid down
by the Court and contende that If the motion al
lowed the defendant entitled to similar extension
Of favor from the Court
MIR. EDWARDS having put in an affidavit stating that
hrec of his witnesses were unable to attend at the pro-
time during the trial and resided Long island he
pplsd for leave to introduce their testimony.
Tnr Covhrlf allow the rule 20 be infringed upon
hall throw open to both parties; now, Mr. De witt
axe your course. |,
Mr. d. wlIr here hesitated good deal as TO whether
no he would accept the terms proposed by the
lie contended that provided he did Introduce tcst
that not corroborative of former evidence
ne direct for the plaintiff question this ront TO the
itness did not within the SCOPE Of his onors OBJ
ervaton. The Court after some explanation from Mr.. | 4
Witt as to the nature OF the question: allowed the wit
ess TO answer.
Mr.. HESRY BnIMsaapE sworn-l never saw Van Colt :
Ike Improper liberties with his wife, lived with them
ON June 1888 to the latter part Of November. | &
ANTHONY V,r Corr i know Eliza Tomkins: | n
Nv her OF SO Mulberry street, sho gave o ring to
end; took il home 10
Cvosssramined kept jewellers store in Hemptead;
was there nearly year; had property before | .
business at Hampstead; my brother had no g
terest in the stock; am matchmaker; cannot swear
Eliza TomkDs bought ring from me; believe there
as something said about spoons In Mulberry street
Mr.. FRAScs PLAIN sworn-T boarded at Van Cots in
'illiamsburgh, from LIST May till July ls4I; boarded
ith Van Colt In Orchard street until tha, broL , =.