The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-16
Inv Intelligence.

nsdas
Law Intelligence.
CIncurr CouRr, Oct l6.-Befors Judge Moorehouse.
Lynde Us. Lynde-Fonrfh Day-The court was crowded
usual and met at the usual hour. After short
delay the Court asked II the counsel were ready to pro-
ceed
subpsnaed witness on the part Of the plaintiff who
not In attendance and who, 1t appeared, pre-
vented from attending by her who overheard
by Mr. Lynde in the act Of dssuadiDg her from attend
ing.
Mr.. JoRpAS-We have, your honor but do not find
them at present In court.
Mr.. o'CoSoR submitted that the testimony should
here close having, ut the tme objection to the
production Of the witness at future stage Of the pro-
ceedngs.
not In readiness it to be presumed that plaintiffs
unless they showed for the absence delay of
particular Witnesses
Mr. JORDAN hereupon rose and again opened the ques-
ton to the admssblity Of Miss Mary Lyndes testi
mony already referred to, with view enable the
the part of the daughter which he contended would
go the length to show feelings Of love existed be-
tween Mrs Lynde and Mr.. Shaffsr He cited authority
from the books, in support Of his position.
Mr. SANFORD replied at length, contendng that Miss
Lynde could not under all the circumstances of the
case give unbiased opinion in such In such
the present the law required evidence OF fact
not of opinion. After some further argument, the
Court sustained the objection and ruled out the propos
ed testimony
Letters from Mrs. Lynde to her husband dated May
th lS43 and June 6th lSa3 addressed to him while in
England were hereupon read by Mr. Jordan. They prir
cpay referred to the domestic management. Of her az
fairs on Staten Island, and to her children They ap
peared to been written in very aectionate spirit
and had reference the sale of cows goat the
management of the farm also in reference to young
pig which they called "Lucy Long" The letters re-
and appeared to have been Written with that conndDg
feeling and affection which always exists between man
and wife.
Staten Island at New Bedford in June lS45, saw Mr.
Shaffer and Mrs. Lynde riding together on Staten
n,lau knnw Mr. md
Lynds; saw her riding with Mr. shaer; observed them
riding about three times Mrs Lynde appeared to move
inc herself wishing that should not recognise herr OBJ
served Mrs Lynde near the hospital In Broadway one
day smile on ner M p
then saw her Join gentleman; did not know who the
gentleman was saw them apparently speaking to each
other at this time was on the same side OF Broadway
thinks 1t was in tn month OF March
Cross-enamined by Mr. sANDroRp.-Boarded with Mr.
and Mrs Lynde in 1887 When on Staten Island often
rode out in evening" it is quite common practice
THOMAS HoPE, Of the grocery establishment, corner
of Chambers street and Yves. Broadway testiaed-he
knew Mr. and Mrs Lynde in ls44snd is!5 Mrs Lynd.
came times to witnesses store in the winter of
ls44 and spring of 1885, gentleman was twice at the
store with her they left the and up Broad
way They looked at each other in loving manner in
the store; Mrs Ly1de miled ..,..,,
In wtnesss cross examination he testified, he would
not be able identify the he wore large whiskers
since my coming into court man was pointed out to
me by MIR Lynde to know If could recognise him
the man who was in the store could not swear he
the party referred to Mr. shafer was here pointed
ont n
might be the man, but his whiskers were different
DR.. w. G. EAp.E was here produced and sworn He
identified Mr. shahsr in court Hs testified he had
called up on the 10th Of May, lS45 to attend Mr. Shat
fer he having received slight jar or conclusion from
fall: he complicated of it; visited him again; he
then walking; when called there several about
him they we're dressing him; Mrs Lyme also dress
ir q HIM Mrs Lynde making some application to his
head his head rested upon her at time while
was dressing him. the head did not rest on her so high
up as to be near her breast | think that there
Mt on Mt
ner at the time, and how she attended to him
Cross-enomined BY Mr. O'CoNoR = Saw him again on
9th Juv ls45: he had serious stab the left breast
and remained in the house about two weeks On that
latter occasion saw Mrs Lynie with him in the same
room sitting on chair she was also stabbed the
Ieft breast was also there occasion when MIR
Lynds and Mr. Shaer had both received iDjures they
were thrown from a carriage; saw MI Lynde lying on
10 Mr. JonpAr-Was subpenaed on part of Mrs. Lynde
also in this caseDoes not recolsct seeing Mrs Lynde
on that day persons recouect on that day but
can't say that saw any person else whom now
member as being there; Mrs Lynde might have been
there; has recollection oil her being There
The Court here took a recess.
EVENING SESSION.
dozen or more letters commencing in ls4l and end
ing in s45 written by Mrs Lynde were put in aud read
they contained nothing but OF the domestic
arrangements of family The case on the part OF the
plaintiff here closed except the examination OF Two
witnesses one who his way from Baltimore and the
other Mrs Carroll Of this city, which 1t consented
should be examined hereafter Mr. Sanford then open
ed the defence He said the present case on the part
Of the defendant devolved himself and his learned
associate more than ordinary resp nrlpiiity You
gentlemen Of the jury been four days listen
but when It to be siftsd you VIII hnd II to be OF
the most trivial character-the diuefence OF opnion
of mind and of feelings individuals led to the unor
upste which been developed before you for
the last four days. the action you are now totry an al
legation made by Mr. Lynde long ago as lS4 that his
wife had committed adultery and continued 1t from
that down to 1915, with one Anthony Smaller. but ut
what time or in what locally o. dnasf ~has ciGam
then is bringing his wife into court to answer to
an act Of which he gives neither time place or circum
stance-be charges her with adultery yet he cannot
name the day. hour the place or the ocaty whether
u New York Staten leland, no one can tell you and
although four days been consumed in this inquiry
I now put it to every mau his jury to say, on
their solemn oaths, wher. this crime was commtted
Now repest, gentlemen, after four days aud thirty
hours ths latter period spent in the examination
of the daughter of these parties before judge In cham
bers Of investigation Of light is thrown
this foul and false allegation Mr. Sanford then went
on to describe the assault made by Mr. Lynde on his
wife and Mr. Shaer he stated that in ls45 previous
TO Mr.. Lyndes return from Europe, Mrs Lypae went
to her mothers at New Bedford, taking with her her
daughter; upon Mr. Lyndes return he followed them TO
New Bedford, not his arrival denied adnttance,
hut had full communication with his wife and occupied
tue same with her the night OF bis arrival
that she aud her sister Mrs robert Hart, and
her daughter Mary, returned with HIM TO this city,
took the for Island and af er Landing, rs
Lynde, Mrs Hart Miss Lynde, drove nome tog-
ther in carriage, and were followed oy Nr Lyn,
with who had driven his wagon Ia another o"i
risge upon Lyni. nlghung from MS cafrl"te 'hs
sght.r Mary toid HIN lba. h'r npther mai ta'keu
Mr. Smaller lie conlIy huu ueuoer"|y VIZ. NJ
parior all the parties wtrr; stu ~ ouan', '
draws out u dagger aud makes an attrhps W p'u". ,
into the bosom OF his wiie after whcn. ne Haue SUI
lar attempt on Shsffsr and sgaiu turned rounu anu
second time attempted to stab Mrs Lynde, hue oou
sell after this statement. continued to WIN
great severity on the conduct Of Mr. Lyhoe, anu
charged him with having, while writing the letters
which had been read them with so much Psrad7 oy
the plaintiffs counsel meditated douoie noar =,
sandford after some further remarks on the o
plaintiff took up the evidence for the prosecution com
mented on It, and declared in concluding ms souress
.. of he
and isoated that was ever attempted 10
bs passed of on jury Sustain so grave charge
ysr,d most eloquent end srgumentstivs address, after