The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-20
SUIT FOR DivoR cE.

paRe Case OF the hovs Richard Cox against
SUPERIOR COURT-rRIAL TERM.
Before Chief Justics Oskiey.
THIRD
MARcE 19--Ths trial OF thus resumed to-day
at IL O'Clock A. N.
Mr.. schafIer for the plaintiff offered in evidence q
Judgment of record from the Court General Sessions in
the trial Of Cathaue Foote "a 1922
ting the testimony Of the dsfsnc ant herself showing
rsbs living in house uti i'll fame NJ that time
The Court decided thai the evidence was not sd
missable.
MIR. Schafer offered in evidence deposition Of Mrs
Maxwell taken last night before Jadgs Woodruff, by
whom it was certified. Hsr estmony wss AZ follows -
West Thirty srse n shs @
Do scuknosm sSs " sst.s 70 This action, lido
be o.t 4 nes % u
q. Are YOU aoommunicart in Aon church, A. lam
g naye you 9. any time ssce the 1883 the
% ssN 81 Y may S
!sfaon ssilsosd esrs q
New YORK near Gnion PARK SS : ''' !" "e '"' :"
into The car :. cry shs ee also
@ s se n s @
be certain % ride that tok about twenty minues
double .s.Ss
q Da YOU notice parcu the. occasion which
manner m looking At the conauc,cr ~ise which then
@ IN the @
liar way Of up In the face Of men who passed the plate
SSown linen hat aud shawl OF small leaf pattern, which
Taken subscribed duly med this 18th dag Of March,
1906 before the ssic shr aAnt declaring that shs
oath, j. D. wooSEJFF Susses superb superior suF Court. :"
Daniel a. Mccormick was s1en worn on the part a.
the prosecution and tes ihsd as ioliows:-
Quest!on--Where do you rssides A. At Forty sixth
hat 10 hrs II 10 ~
builder '''
O. Do you know of DR.. Cox being sick in 1853? A.
heard through some source thag he ILL., the day
after he sick visited him at house, but de-
nied the privilege Of seeing him ~ Mrs. Cox who
should treat me as she 6i on thai occaslon as she
seemed determined on that ti.t should not
Q. When you went into the oouse who cid you see
sdIstY A. The servant girl ard the next person saw
said he was the family physcisn ave since become 40.
qnsinted with Dr. Stuart; who WAS the :amiy physi-
clan then, and pm 50 listed taas not the doctor
@. Describe the appearance Of that A. He was
rather tall slim built man, With oushy waiskers and
q. Have you ever him since? A. never have
@. Have you subsequently oec srqaa nted with Dr.
Stuart the physician attending d. Cox al tnss timer A.
Q. What did this man VIII m YOU at that time re-
present himself to be? A. He said that hs the ia
miy physician, and was attending On Dr. Cox and that
he had justleft him.
Dr. Stuart was called as the next witness on the part
q. Where do you resdeS A. rssias at a2 Twenty.
eighth street.
Q. What is your Susinesss A, That of physician.
O. Did you attend the plaintiff during hrs scknesss
A. did sttDd him as ply scian curing ais sic eness
z. Please inform us whether y0a ste the family physi
clan have been the f.miiy physician for three
-four years.
you ever converse with him the nness Of Dr.
Coxy A. raw him on tine stand bat never saw him ~
the house where Dr. Cox s:k.
Q. How long was the plaintiff sick at that timer A.
Some three or four days.
himS A. do not
Cross exsmined-Q. Was the plsiniH very sicks A.
He was much sick that any excissu would hurt
him; and gave orders tbs, person shouk him.
George W. Gits vas then called t, the stand.
@ Do yon know the character q the mouse at the
OF HOusttn and Mercer streets, kept by Eliza
Pfstt2 A. DO, and 1t has tn character OF being
house Of prostitution.
O. Do you know the character Of the house at No. 49,
now No 96 Wooster street. A. Cannot say that do;
it is not In my ward.
O. What do you OF the cnarac Of the house at
No. 66 Wooster streetf A. Nothing except by repu-
O. During what time was 1t tha the house was spoken
.5S as assignstion hoase9 A. 1t about three
years ago; 90 not know anything in fact, about the
house.
O. Do you know the defendant by sight A. I do not
The lady being then requested by counsel to stand up
the witness tnat ne had never seen the Lady
The prosecution here rested the cass and after ten
minutes recess James Grard opened the case for the
May It please the Court and Jury-Thrse days since
hand b si SRins and sSroit @ Vim D which for the
space Of hour upon ses Of matters that took
place from 1851 to 1855 such TRADE Of abuse was heap
the pair f and his counsel knew tha the Court would
not allow the defence to offer particle Of rebutng
evidence such in the coursc Of long experience 1t
the bar never expressed. bore with patience
knew that my time would come and when IT did, IL
did not carry the to Africa would brieg little
nearer home. The counsel upon the other side has
thought proper to trace the OF the defendant
from her cradle up to this hour and has endesvored
hrfn Out nav n
amer or shape either, by his complaint Even while
the defendant was upon bed of sickness and absent
from Court he tried TO spring trap upon US suddenly
in regard TO matters Of which she could not be ap
prissd 10 time to meet ,hem-and this he did,
knowing well that in the hurry and confusion
of trial no woman and could prepared to
give his her history from her cradle up the time he
she may be arraigned In court. can only say that
the Court, the first it had Of ex pressing
opinion rebuked the counsel Tor the prosecution for
opening up matters which could not properly come be-
fore the jury and which should have been heard
because chance given he opposite party to dis
prove the allegations made The counsel ior the prose-
place fifth Of century ago, At the time when the de-
fendant and Mr.. Van Wyck hved together and
wife, II Is manifest upon the first blush Of the whole
thing that Tor some reason another, Mr. Van Wyck
wanting to expose certain matters to the world
riaee What has it to DO with this case whether he
kept his marriage secret or proclaimed It tohe word9
ask you tweve men, for what purpose that opening
made and this infamous attempt made, n t, prejudice
you and preclude her from he benefit Of having fair
irias For what purpose it made. but to create
feeling against her, by whch you might PREJUDICE her
for matters not properly cognizabe by you and which
alleged to have taken place thirty forty
years ago Such an attenpt but reooii with tear
ful effect upon the par les who have originated it. You,
gentlemen OF the jury empaueled and TO try
the Joined between this and wife, the charge
of adultery alleged 10 be committed oy this defendant In
1853, '54 and rs. The matters which they have
attempted to prove, and which alleged to
have happened some thirty forty years ago,
have NO more to do with the which
to try than they have with any transaction my
viii carry the war into Africa and forbeAr from
going into the past history Of tne Reverend Doctor the
plaintiff in this case Perhaps ne were nisd in the
the plaintiff allegs that she uad more than
Perhaps might show that he, too, had another name.
There former transactions OF the plaintiff to which
might refcr but will draw rhe curtain over them will
try this reverend plaintiff fairly, and leave him to meet
the legitimate issues which will present In this case be-
lore the trial Ii will not therefore, carry the