Newspaper of The New York Herald, January 5, 1842, Page 1

January 5, 1842 Tarihli The New York Herald Gazetesi Sayfa 1
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T T II ] Vol. Wll*?Mm. WhoU Mo. 19Q? (Prunri the Roeheiter Tuperf;] REPORT OF THE TRIAL or the REV. W. VAN ZANDT, FOR SEDUCTION. CIRCUIT COURT? DECEMBER TERM ) ! Friday, Dec 30, 2J P. M. J Difore thi Hoi*. Natuak Dayton, Juooe 8th Circuit. ial of the Rev H'iuhington Van Znndt, Hector of Grace t'hurch, Rochester, for the Seduction of Miss Sophia Murdock. For the prosecution, Samuel L. Selden, Judge i " mpson, Henry R. Hslden, Graham II. Chapiu, d Orlando Hastings. For the defence, Mark H. Sibley of Ontario, Adton Gardiner, Fletcher M. Haight, and E 11. heeler. The much talked of eaie of Murdock n*. Van indt, came off* yesterday afternoon before om of 3 most crowded courts we have ever seen Chester. There was far less anxiety and snt in the case of McLeod in Utica last October r. Van Zandt sat|beside Judge Gardi"cr> s counsel, during toe evening, s?d exhibited eat firmness and composure. Miss Murdock is the only witness examined- -and the court sdirned to this morning at ha','"I,a''t eight. To rert the remarks of coti"sel and evidence at igth, would fill sever" newspapers: ws have, irefore, condensed th<= proceedings so as to omit thing material t? * right understanding of the e. [pone SetOEN opened the casefor the proseeug?stated that this was an action for the seducI of Dr. Murdock the plaintiff's eldest daughter, pbia, a young lady of sixteen years of age, by i defendant, Mr. Van Zandt. He warned the rs to avoid the errors of that extreme cl ss, o, believing religion to be a fable and its profes hypocrites, are prepared to credit a report of guilt of a cleric <1 person, on very weak evi(''e?as also the errors of that other class whose A for religion iranairs their impartiality, ren n them fcarlul of danger to the church and anxi to find retsons, no matter how feeble, if they 1 induce a belief that sudh charges as the pret against a minister of the gospel are false and euabla. Neither class weigh discrce ly nor I ge impartially. On looking into the annals of courts of 1 iw for the present year, it would found that religions teachers are as liable |ho grosser passions of our nature as others?it pld be s.?en that Episcopalian, Presbyterian, and Iholie Clergyman have been brought forward trged with this offence?and if he remembered frectly the results, they were in every ease found llty on the fullest evidenee. Clergymen have re frequent and favorable opportunities for this id of indulgence?their avocations bring them .euer in contact with the females of their eonegations, it being an important part of the pasru duty to visit the members of their churches their own dwellings, aud hold religious convcrtioa with them. These visits are chisfly to the W. i elergy find them alone?the inale part 1 1? ' generally oat of door* at their va; ttioof>?oar paatora hare abundance of .? their bands, and it would he remarkable re not brought into the company of feible to withstand the addresaea of men : 'eadant, than o hers? leas practised in if the world- In the case before the h, -raid be found that the reverend defendr trod pastoral visits to his flock an in ^ "ty, and thut he paid these visits chiefly 1? . tiger female members, whom he adb peenliar seal, Irequeney and fervor, tl plaintiff in this action is Doctor at the aval head of the family is Mrs I . ' ' le young laay ? mother. Miss M. re(Client education at soma of our best I. -her father was formerly considered a ty and skill in his profession?but he habit of drinking intoxicating liquors, tt , ich ao many able amd geod men have e society?difficulties ocourrcd in the ffered personal violence to I11C wife, , t via in a short time?came back a sick _ down man?'Was nursed by hi* atfiecmate Wife, and for the laat year has been a re?ur and abstemious man -bat hi* mental power* had icayed?-and hia vife ha* had to support herself id family by her needle, and ednctteher children ith the help of some friends. Mtas Murdoch is Hfeected with and descended frim soma of the rrtfamilies, in po nt of respectatility and standg, in this State. A few week* ?rior to the diesvaty of her situation, her mother remarked to a ientl of the acnily that she now koped (o see bet r d|y?, as her eldest daughter vas now capable X * acting as an assistant in a schaol, having c anletci! bar cdneation. At that tine the young lady ad a perfectly fair and unsullitd reputation?the raatbiof slander had not injured her, notawhistr against bar character was beard in this coramnityt?she was a simnle-muded, happy, arth is* giil. Bet Mr. Van Zandt lame to tni* city ad h?| continued tome years nnce at pastor of t? Profcstant Episcopal < h urchin St Paul street -Mrs IVnrdock and her family were member* of is enng-egstion, and the youig lady was freuently it hia house He affi-drd a great degree s f piety raid benevolence profeised n wish to be ind to the family?approach*! Sophia, car. ssed ud kittctt her?and wnen, nix months after he reloved -his wife and family to Clinton street, only ome fift'-en feet distant from her mother** door, C made her aid her relative* frrsent* of dre*?e?; icy visited almost daily?he <?mtinued ,0 profess hat he felt a deep interest is the welfare of the imUy, but continued to takemnre indecent liberie* wiih her. One dty.ii i summer's afternoon T llilO, defendant, said he ras alone in his house, ad invited Miss Sophia and ier aister to bis study -they went-and while her lister sat reading the Hrror in an arm chair with her back to them, he irew her (Hnphia) on the bid, lay down, exposed la perian, bat she got awiy from him. ana with tr si.'er returned home. Mr. Van Zindt then rore, aid parkins is now in the habit of wearitig, be "r1'Cie of dreas well (nown as "seduction an >ns, [here ha desedbed them] said to be *t?V >' eoavenieut to perfms of a certain slat* r eas'.e of cnaracicr. Sometime after this viz: boat the 16th of October,yiSit). one afternoon, 1st after dinner, Mist JSor"B prepared herself to Mead a young ladies' aawiht a?ek-ty meeting, and , ?er mother requested her toko oyer and get a cerlain book from thu rertrrtd gentle,study, *ue <te [The fac'a Mated here by Judge Selden stfill oe found in Mni Munitlk testimony # which .?ltorv?. *w' et?iea that vie wai then and there etdiiax' ] Iier ahiid win lorn the 4th of August 5Lt, of forty-one week* angiwo or three day* frem X time anc stat d. [Hire 'He learned counsel , Ltcred into a statement vAicb w* nmit ] Shor'ly paction* to her delivery, ?lvt July,", ?he waseaife| to ?ta?e her case to a relgioua comm>?ee of the ^ Society, and though Dr Hteood thought i wr ,,l I i a atx or ei^ht week* oifcre the would be Altered; she pei nrtcd thei as now in naming t*. ;b oi Ocaber. and that tiae only, and that neve. iler that day huii she l<?n with Mr. Van Zandt. i" r It trill be (shown in evid ace, that the reverend jtatlemau did not Utke liberties with bophia o: ly I betook Tory indecent Ikerties with h.-r s:*ter, * Irl of lwe're years ofi*, and with young m.d VI lUrredting female m*mb^ of hi* congreg itionot the highest re meet ability?took all the ' -yedom* ? won! p rniit. Within a few jflwnf the time when thiotTence was laid to Mr. I an Zandt*!* sarrr, he called a meeting: of the * t retry of hit chnrch, to take a defence before it ho restry met, and the ilfendant then there mndr ie following remarkihlruiid truly characteristic ? . {minion: tfttv di-clar?i; thn aecniation t'i he ,lac, he adfed,??that heftould not ba the guilty eraon in this esse,for tInitio* vinghia propensi'ii s JA .ithat way w*?w ?tr<.ag, be ar. ided being alone Bflk -ith f?mal?*of bis ?. ngr, fdiinn even for religious nrpoaea. It ia hkaoHufgeLaid JadfeS. ldrn that hildrea are apt to rratenbi thair parents, and so as 'hat ts evidence, l tlnk we sha'l show the H ^kasr.iuhlanrc in ll'iara*,, Mb* very itHIUlf und ^^^ tiafaetory. It is no eedwoa thing Tor certain ^^^Bmilies to hare part *ulcr karks which character aerernl snece?siva anirwti,,n? In ?he case of Van Zaadt, he haa a Wrk, *na of hi* little ^^^^ mert is crook -d .n a paifaatar way?md Misa ^^^^Kphia'a ebild, by him, hat ti.? some eraok in its fluger, and find i free its like it* Se too, Mra. Vat 7*ndt i?di child horn ^^^^^Vew days from that of Rwhia, and tout infant haa sanrii; family mark. [ Iter going further ^^^^HuMeseriptfen of evidenet* bo produced,and the ^^Mnrtmblee onrre to be t<tk*by the defendant Mr closed an addrra*, he manner of the del'itwhich waa admirabi l He then nailed and l^kaiaal. Iipiiia mvidaci?Win i# niitecn jrmrt ?I llth of April: ii nldet dea^hler tf "plant iff; b<en acquainted with defendant abnet two IS **' * member <t hie eharcli?t.raoe reb? ia tbif city ; be cane anqoai itnd with him [h? tiiif In rriidr hen; bee been at hie hone* It he lined on Clinton *??ot, bet not freq?un?ly, Iheeameto teeide ne* ber father'*, which L E NE NE1 was a year ago last April. Their families breuu intimate a* taon ai he removed; Mr. Van Z?n< had been io the habit of coming frequently tu the house; she did not go, only when she had ane rand, t.r when he had lerees, which waa once week; when they were particularly invited, el went; but not generally of her own accord; tl defendant had a library of bonk*, for the benefit the congregation, and ahe was invited fr? quent to comr and get b >oks; cannot remember precise what ihe defendant aaid when he invked her cerae, but he did ?o repeate(lly> and ahe went ar got books; does not remember teeing any one the library but defends* ; be waa there; the librai was kept in his study, "?a front room, in wbi< was a bed ' when atone with defendant, in bis stud bit manners were very fsmilisr; never said much anything, but kissed her frequently, nothing mor believes he kissed her once befoiehe removed,ai while he lived on Clinton street; he made her preset'' ?f * dress, snd after, when he came to Sai Pao' street, he hud given her four or five dresses and also to ber mother and sister. He never gai to ono a dress, unless he gave tnall. He was in tl habit of spending the evening! at their house, ai when going away one evening, be asked them come and see the stars Does not remember evi being alone with him on the front steps ; does n remember at what time it was that he made tl attack upon her; but it was in his study, and aga at the front ftepa of her house; does not remen>h which time was first; she recollects that on tu occasions he attempted?twice on the front stepsit was about nine o'clock; the night was not dar he attempted to draw heron his lap; he was sittii on the steps; she was standing at the door, ai he took her by the arm and tried to raise herdres she tried to get away from him; this was all th took pluce at that time. Alterthis time, on anotk 1 occasion, after spending the evening at their hous he attempted to do the sam : thing; he went larthc but did net succeed any better; he raised her dre that time, but her sister was with her,and she g awav from him; her s iter was standing on the step she went int'i the house; the defendant went bom her ?ister is 14 years of are last January. Afterwari he came to their house, and said he was alone, at a-ked her and his sister to come to his study wi Itiin. She went, and took her slate and algebr site sat down en the side of the bed, and her sist< stood examining the lib'ary; she asked the defen ant to show her a snm in algebra, aud he sat doti on the bed beside her; some conversation followi on algebra, and arithmetic, and so forth, and b lievss that defendant said he was not much of a m '.hematician; her sister went round and sat dots and took a newspaper; does not recollect wheth it was a tester bed, hut is certain that it had n lar footboard; her sister sat in a large chair, with h back to the bed; defendant pushed her back on t bed, and raised her clothes; she resisted as ipu< as she could, and got away from him; during t struggle defendant exposed his person; does n remember what description of pantaloons wore; she called her sister to her, and th vent home; doss not remember whether said anything to her or not, during this stru gle. Cannot tell how long aft*r this, wh he attacked her agaiu, but it was on the afti noon of the same day iu tha fall that the fire coi oanies were reviewed. Ha had been at th< house that day; told her mother that he badg gnmcnew books, and that one of them was ti history of Ferdinand and Isabella. Hei moth wished hrr to go and get the book: the refused go, but her mother insisted, es she wee alreai deseed, as she was going to a meeting of theSe ing Society, at Mr. .Sherman's; thinks she m> t d fondant at the street door; she asked him if Mi Van had rone to the society, and he ss she had; she a???,| him for the book; shesto between the library ana bed; he bended h the book, which she opeeed, an* a?r.n.i?nt ste ped to the door; whet he done she does not knoi she stood looking at the boek; became where s was, and took her in his arm<, and lud her on t b d; then he raised her clothes and had conneeti with her; in consequence of that connection s became pregnant; she does not recollect b?ing his hoiii'j but enee afterwards; did not then s defendant; another time he attempted the sai tiling in his parlor*, it was one evening (she de not remember whether it was before or after, b think* it was after) when she went to return a bo that she was to carry to Mrs. Van Zandt; thinks s went to the nursery and found no one but Mrs. V Zandt; did not see defendant; the door was op between the nursery aud study; Mrs Van Zao told her to go ta defendant and return the boc and yet another; gave the book to bim, and ask him for the other; he laid that the volnme e wanted was not there, but was down stairs; s went with him, and he went into the back park she remained in the hall; he called her into t uarlor; went into the back parlor; did not find t hook there, aud they both went into the front pi lor; fonnd the book on the table; he threw her the sofa; tried to raise her dress; she resist* and went away; does not remember whether s brought the book away or not; he did not, on tb occasion, succeed in his object; she ucver has h connection with any other individual; her clii was born on the 4th August; she first discover her situation ebout a fortnight before the court inquiry, 21st of July, when she told her methc never communicated her situation to defendant; came to their house, and her mother told him; d not see hiin then, nor haar what mother said; h n > knou ledge of defendant ever haviap called etcher since then. Cro*s ET,n?intd? Did not see Mr. Van Zardt the bouse, but saw him coming towards the hou: Thi-i was about a week after she had eommunicat to her mother her s ituation ; he staid abont fi minutes ; she did not see him go away, hut h mother came cut of the room ; her mother told 1 that ;<he did not ait down, and that the had refu^ to shake ba.:ds with him when he ode red her 1 hand Her mother said that defendant denied Jri ing any connexion with her ; she had in her ci mutation in ehief, stated all the instances in whi there hed been any connexion with defendant, the time that he resided in Clinton street, when first Itissed her, the did not go for books ; t members of the congregation went for books, b the library .r as not established, she thinks, at tl time: she went often; it depended upon the si of the volume; the bonks generally were of a re ?i .us eh .meter. Her parents' house fiontcd .St. Paul street, as did defendant's; the stoop s; ken of wa> iu front of her father's bouse; n about two stipa from the door to the end; th< were two steps descending; their h stood good w its back from the street; the evenings t) she mentioned wero light; there was no one wi her but her sitter; her mother was somewhere the home; she might have been at the frent w do v for all 'he kuew; defendant had been in c. versation with h r mother those e-venirga; her: ed thorn to the doer to see the sky; remenibr one evening of him directing them to the nbsi yation of the nortuer? lights. Her mother w n the room and she went out to the stoop; | stoou w >s in full view of St. Paul street; perm "a the stoop could not be seen by those in t bouse on the other *ide; no houses there; d? not rrmemher exactly what she did when he ;C"liteiJ to raise her dresa the first time , she I neve, he requested him to let her alone; she c not gpea' lourt, but lond enongh for hiiu to ho On the next time when attempted to do the sa i thing, she pr. .nmed sbe?.id the iamp thj r.ot remember wVat tunc inn,, snrr.mrr, hut it * | in the summer; no one was fheir ho f| evening but the family; she Kmavbcrt ,h(| not the time; did not mention this occurrei 1 to anybody; does not remember^ wheth*r her i ter was on the stoop: thinks she was a little Cl 1 Cralcd by the door; -he looked around to seetf) sister observed her, she stood w ith her back ' her; she docs not remember what she said, I think* it was the same as she said before; does i ' re.nnnler w hat it was she said: cannot apeak 1 the time of year, but it was tho sntneier; the 1 c'trrctie.t v. as so strange that a:iy one shnu'd sueh thi,.ga that she remember* i.; it was 1 on a Sunday, evening; it wns an evening in i week; she woul] not be on the front stoop Sunday evening; knows not whether it was fare or after the fourth of July; thinks it t after; it was aft r; for she remember* that on evenine of t'l-; 4th of July H eir were firework) Mr. Van Zandt's yard, and she was inriti it was aft-irthis f. rdefendant'a niece was not the ard doe* not know how long after; her a came in Septembrr, *i.d it naa brfoie the earn csanot remember the month noi the Jayofthe mot ah* went to hia study ; it was in the suncmar: e ?<>t fix the time more particnla lv- IkeuflKM afterward* ; herii'ter went with her: it was p bap* about the middle of the afternoon when b* ritodthem ; her sister went <lr*t, ?he about f minutes afterwards When she want into the sta he sat on the bedside : Mt ou the top of the bs rnonet remember bet thinks she naked defendant how her some *nm la ntg.'bra ; he was stand with hrr s;ster facing the bookcase when she i drcs?ed hies. The bed itnsd or. the right band she ente*ed th door ; the library was on tbn lef she asked him if be could show ne.r n sum <n a! bra; had the honk sod slate aad pencil; .he k been trying to dan sua before bat coald not do H YC W YORK, WEDNESDAY and she wanUd hiiu to assist her; doe* not r jt member what sum ; *aw her sister sitting by tl ir desk ; doo* not know whether the was reading tl r. paper ; taw her tit down ; cannot say how long tl a stood at the desk ; probably two minute* ; si le then tat down, her back towards her ; believ< r,e she had the paper near to her facet the papi ?f wat the New York Mirror ; her sitter object* ly to Iter going home, at she had not fini-hed tl I- story; the remembers she told her that the wou t0 borrow the paper to finish it. Her impression ,j that she went away immediately. The bed sto< i? in the middie of the room and the desk oa the opp fj site between the two front windows in about tl centre; her sister was about ten feet; the fo ? board was about two feetabore the surface of tl nf bed ;thc bed stood in ths same position all the time I ?. lirrd there; when she sat down bar side rested < a himrd when he nushed her down; she r lu --- I . a ?iHt?dbimall she could, a* much a* was in hi ?t power, was mu"h alarmed, frightened; ?he dot _ not know but others in her situation would hat re resisted more, but she resisted all sha could; hi le feet were perhaps not on the bed; nor were tht 1(] on the floor; his per.-on was exposed; his pant t0 loons were down; does not know how long eh er was in that situation; cannot remember what sli 0( said to him; but remembers saying something; sa ,e nothing to her sister; did not tell her mother of it i? aflair, nor her sister, nor to any person; does n< cr remember what she did when she came home; doi ro not remember how long before she went orer aga _ to see defendant; cannot say how many daysjsa k. defendant afterwards ; did not speak to hiir. }g what happened; did not go a dnz.-n nor halfdozi )(j times afterwards; only went to the house when u g. cessary; probably not oftencr than once a weel at she stood in front of the library; there are rani cr doors to the room than one; she had not been the room more than half a second when hu caugl r' her up and threw heron the bed; she opened tl ?g book; thinks it was the history of Ferdinand ar nt Isabella; he was about a foot from her when 1 g. shut the door; this was the parish library; thei e! were some few ?f his private books in the large I jg brary; she was admitted into the house by tl )(j kitchen girl, but cannot remember who she wa th they bad so many servants, but she is under tl a. impression that she was directed to go by the per si L.f up to the study; she is certain that she nm-t hat j. been admitted, for the door was fastened by a Lol the door was not left open, it was too cold weathe _.(j she remembers harine rang the bell.aud is under tl e. impression that the kitchen girl opened the doo lV does not know whether there was morcthau onegi n ornnt at that time; did not see Mrs. Van Zandt; asl ed defendant if she tra< going to the Society, and I said she had gone; he was in the study; he to< er her iu his arms and laid her on the bed; she resif lie ed and struggled as well as she could; she made, i ch outcry; cannot say how long he lay with her < he the bed; he laid her down and got on the bi l0t lengthwise; cannot say how long she was wi he him; mother did not express any uneasiness alio Cy her stopping so long; had on her dress to go to tl he Society; had on her bonnet; no one had untied h bannst, she had it on all the time; she did not st< en to adjust it; went with the book to her muthe ,r_ went afterwards to the ladies'sewing society; d not change either dress or bonnet. Mrs. Sherman house was on the same street; when she arrivi there the ladies were there; Mrs. Van Ztndt it there ; she remained there the whole af'ternoo! er staid until the society broke up ; was taken hoe to by Mr. Dwinel); he did not stay with her that ev nine; he stopped at the Rate. Other gentlrm< w. were there; Mr Van Zandt came to Mr.Shermar le. in the evening to tea; had no conversatiou wi ri_ him; caunot state how long she was in the ckai ,jj ber alone with him; no one was in the study fa 0j tbemselres; saw no one when she sntere er had on that day a light blue muslin drea defendant's family at that time consisted jr; wife, three ehildren, nephew and raothei he the nept>?w was about 17; her brother of the ssn |,e ate lived at home; her family was her sister, b/ on ther, and parents; was well acquainted he Van Zandt; knew his ate because there was Out few weeks difference between his age and ber br ee ther's; does not know where he is now did n ne see him since a few days before thanksgiving; h , heard he has gone away to foreign parts; there ? iU( no intimacy more than with th.- ether members 0)i the family; no dalliance! no kissing; never w he on the bed with Lira nor eTerin the study with hi an alone; was oneejin a room alone with him wh< en writing a letter for bis cousin; the ret m was b ,dt bed room; doesnot recollect any other time; Tha ,|j dens was frequently at her house; when in his roo CJ she did not sit on Thaddeus' bed; not on the be |)e certainly; but never took any liberties with In he person; has kissed her, not very often, not cvei ,r. time he saw her; has put his arm around her net he when he kissed her; was not in the hsbit of doit he anything; never was alone with him; she 1111 lr. have been left alone witb him when at her ov oa house; never at any other house; did not general ,4 sea him ut his house; there was a species of wo< he ?hed that Thaddeus and her brother built f iat her house when he took those liberties wi a,l her, it tdjs at her own house, and before I il,j went away; did not see him for a foi cj night before he went nway to apeak with hir 0f she mieht have spoken to him; came there to s ,r. her brotherfbefnre hewentaway; she remcmbe he having spoken with him but docs ant reraemb id what subjeet; before be came to the bouse he can a( to see my brother; went to music recitations wi t0 him; sat in a pe w with him twice; one of the doo of the study opened into the nursery; the childri were there she supposes, and the defendant's m at ther for some time; it was a week or ten daya fa ?C. lore lue comiuiuec ran ucn?rc nuwiii nuc TT e ed nmined that she discovered her situation; a pb re sician bad called 10 see her mother and her; thiul ier it was after Christmas; did not state before tl ier clergyman that she tried to go nut and could n ed ret oat when with her sister, but the second tin tis she told that the door was fastened by having a pie 1*- of wood over the latch; she could not onen tl t*- door, and he opened it for her; it was a small bra oh latch; did not see him pick ap the piece of woo< At thinks it was fastened by a string to the door; sa he him go to the door; when she went from Mr. V hi* Zandt's room to the study, she did not shut t >ut door herself; 'oand the book on the parlor tail at dees not remember whether she took the book hot ze or not; he looted in the library first, then car Ji* down ta 'be parlor,and he afterwards invited me t on never spoke to her brother nor anv other per* ?o- about the lib-rties d'fenr'ant had taken with he 'as the scene in 'he parlor occurred in t'le evening; tl rre room was not lighted; does not r< memb' r whethi a on that oerasioa, she entered without ktiockini 'at thinks she rang the hell ; cannot say who esme th the door; did not mention this parlor scene tot in committee; thought of it afterwards, and told it in* Judge Seldom Dirft Examination Rttumtd? Remembers I d'" ir.f in defendant's study, wi h himself and Mi !rs Gilkiuson ; it was on one of their Thursday ev tr' n ing levees. She asked me to go in with her at r?s get a bonk; thiaks defendant was there htfo they went in; iliero had been other ladies there,wl out as thev entered When they went in, s! "e asked Mr. Van Zandt for a book ; he had nrou ,e" ?ed hrr one of Scott's novels ; she went with hi at" to the library, and as she had on a silk dress, wi " ness heard it rattling, and some expressions th sha said to herself; she heard her say, " Let r lr alone"; heard no sound of kissing; believes that I mc kissed her and w.tness, after he came out. On the c sion tkat ?he was in Thaddeus' room, it wss in eo ra? sequence of receiving an invitation to write a li ' at tor, which she did. He staid in the room with I u" cousin,but somebody coming in, she went nut, a1 \ce !eft Thaddeus and witness alone. The young lai r-turr.ed ahortly after. and exeeaed herself, aayi r>n" that the made an agreement to g? out with at* lrr Urn**. 8he w?? absent bnt * few momenta. E ^ Toby nu the phyaieian thai attended her. not . Croat Erttminrtii/n?The yonng lady told h , 0f herore defendant, that he had promiaeri her one (lC. Scoii'e noreli; did not remain letii lifter ahe ?a ^ kiaeed; the reat of theladica bad been there. I not ?nne *w?y- It vu about the middle of t the Thee generally went up ataira when th on ?k???e, took what hook* they wanted, and put th< i , away. Kccollecta it wu abaut the iniddlo of t vi-it. Hba had tak?n a book; told the atory . Judge Selden when ?hc told the other part rf . Poea not recollect whether the ladiea cart led ab< ' th booka wi htbem or^iot, aSourtbe roimi; do not know aa ahe erer aaw an inatanee where tad rf' went ab'>ut with their hooka; recolleeta he-ari . the niltc rattle; doea not recollect if ahe heard "v only in thnt room; spoke to the young lady ahe it; did not apeak to her mother or brother about Satubcav, Dee. 3], 84 A M tr. Isaac ft. Ktwnoo ? Witnvae wae renueated ln. a-ree a aubntrna on Thaddeua Vae Zandt?by 5 ;f(, Selden for tnr preaecution ou the 13th mat : w? |(jv to New York, and made an ineHVctnal attempt ,1 . aeree the tabpeetia, on th# 13tU, but hi* father a? t0' ha had to te to China, to ha abaent for three ye* ing Aran. Roara-ra,examined by Mr SiNer W id. neaa ia a member of the entry of Grace Choreti u waa preeenaat a moating called be Mr Van Z*n< (.. l*?t July in tha eeetry room, f?r the perpoee of e ciilpetinr hiiaaelf from the eharge made agaia |#)j him by Mr. Murdoe.k. He made a written ataf it meat, and we had eoueiderable coeeraatioo wi IRK 1 MORNING, JANUARY I - him. Hi* language was something like ibis, to t

je best <?f iny recollection, but whether it was in t le papers that he read and put in his pocket, I ca ?e net tell, lie said?" It cannot be me, for knowi ic nay own propensities, I hare invariably taken pi es tisular pains to avoid meeting the female of r er congregation alone, even for religious eonvcri fd tion." ie Mr. Siblev, for the defence, submitted Id written paper to the witness, and asked hi is to look ovor it, and seo if he could tell >d that vat tbc document read r>v .vir > sn /,jnai o- the vestry. The witness, having read it in t le stand, said he thought that that was the paper, ai i?t the court decided that it should be given in ci ie deuce. It was then read by Mr Sibley. Its co i* tents are briefly as follows: On the Friday v>r in vious, one of his parishoners, had hinted to hi e- that statements were abroad as to him and the eld er Miss Murdoch. lie called on her mother, who i s fused to accept his hand ottered her in frieudshi e Mrs. Mnrdock accused him of the ruin of h rr daughter; he took his God to witness that he w :y innocent; he could not then see her daughter; a- nephew of his, Thaddeus Van Zandt, who w e at his house, had gone to New York, gone >a a house of ill fame, and returned to my fan id ly ; on a particular occasion he (Mr. Van Zand ie heard a noise in his study, and Mary Murdoc at sister totiophis,came out; Thaddeus Van Zan is acknowledged that he had had connexion wil in Mary; lie (Mr. Van Zandt) turned Thaddeus o w of doors and sent him to Rev. Mr. Wheeler's of ; Thaddens had boasted that he had hail co in ncxiou with Sophia, whenever he pleased, in tl e- woodshed; and that this charge was a conspirac t; originated by Thaddeus. from motives ol reveng re lie (Mr. Van Zandt) bad made it a point not iu meet the females of his congregation alone even f at religious conversation. The witness thought te was substantially the same statement as Mr. Vt id Zandt had read to the vestry;ac len t a part of ie was; but if this is the paper then and there rca rc witness positively believes Mr. Van Zandt hi li- used the nrecise words he (witness) had hero stu le ed. He (Mr. Van Zandt) said to his vestry th s, he had known the two girls Murdock to be litt le strumpets, for sometime, or words of that mea >n ing. One of the vestry cheeked him for using su< re languago re specting members of the congregatio t; YVilliam YV. Uhvan sworn?Was present r; court, and had heard the testimony of Mr. Robert le and was present at the vestry meeting with M r; Roberts; Mr. Van Zandt used the lauguage me rl tioard by Mr. Roberts, viz: "it cannot be me, ft k- knowing my own propensities," Sic Mr. V e Zandt read from a paper before him, but he su >k init'ed nothing to ns in the vestry; with referen it- to the character of the girls, he said, " it is ton b 10 that my ^hitherto fair character should be ruin in by those atrumpcta." I think that those were 1 ed words; he also said, "he thought clerpym ih onght to be castrated, and then sucn charges con ut not be bronght against them." tie Crow Examined by Mr Sibley.?The meeti er of the vestry was informal?Mr V. Z. did most ip the talking?there was no record made of any thic r, I never saw the paper Mr V. Z. read, except id his bands. I paid particular attention to the pi i'.? sages in this conversation which I have repeatc ed because it was what I had not expscted to he as from oar minister, hot improper and unbrcomin n ; and it made a deep irapre-aion on roc. 1 think tl oe Jnhn Cole, DanielGraves, Ansel Roberta, Dr.Tot e- YVm C. Starrs, and, I think, the whole vest eu were present hut one. The meeting was on a M< i's day evening, between the 5th and 15th of July, th Rr examined.?YVitness has been a friend to N xi- V. Z. up to the time of that vestry meeting. William C. Stobrs?is one of (he vestry "J Grace Church, and was present at the meeting; * j. think Mr. Vau Zandt said that kuowing his prope ?* sities and desires, and hit fondness for the laaie r V he h?d been careful net to be alona with female r? 1 thiatr this was in the paper he read; he call. ?* the two Miss Murdocks strumpets; and, to a i mark of Mr. Cole, said it was a pity ministers wc " net caitraled, and then such charges could not1 ?" brought against him; on tho Saturday prcvioui nt rode with him to Brockport and returned; he sa ho was siek iu body and mind; ihat o.i tl * day prerMMs tome one had told him th 01 he had visited Mrs. Murdock, she refusi M to shake hands with him, and said, "yi m have ruined my daughter, and ruined my lair Bn lvI ibintr he said that he hid asked to seetl '* girl, (Sophia) but that her mother refused; ai "" finding he could do nothing with the family I 'n came awav. He said that at one time there hi (le I Kaaii n SndtnaeAlf kotuPPtt tllfl 1XVO filTlilio tr but that it had been broken off, and that lie ?u r>' prctcd Sophia wai in the family way, I', run hrr a i ea ranee and mode of draining; that tbere hi 'K been improper intercourse between hia nephs Thaddeua and Mary .Vurdork ; on one necarion 1 rn (Mr Vun Zandl) misted Thaddeiis from the rooi ' * went up itaira,J found Thadden*' room locks went up ten inmutea after; Mary came out, and I Y" found I haddeui within, lie aaid he thought I ,n improper Intimacy had aubaiated between hia n ',c phew and Sophia, whom he deaeribed aa a modei rt" unassuming tirl. [Some part of witneaa'a descri n> tion of Mr Van Ziadt's language, ia too indelica f'c for the press] Mr. Van Zandt drank gin and a ra gar at (I think wilneaa said) three or four diflere er paces; it did not in the least affect hia conr? B? aation '1 he reatry took aome a'epa at the raectii I was a?, to lay the matter before the Bishop. r< [Nothing important appeared to be elicite f en Mr Sibley's very able cross examination. T ?" above three memberaof the vestry of Grace Char gave the testimony with much eUarness, precisit *' and decorum ; and apparently made a deep impn V* tion < n the large and respectable audience, whu * orderly and sedate behavior was never surpass at any court ef justice at which this reporter h ot been present, either in Europe or America. ce Mait Mi rdock, sworn. [Examined by Jnd l,e Shelden.J ? Witness ia the sister of Sephia Mt l# dock ? Rev. Mr. V. Z had taken liberties with t j. person of this witness. [ There was a strong effi made by the counsel for the defence to induce t ail court to prevent Miss M. from stating any i ht Itftt conduct of Mr. Van. Zandt towa c. ner, though they did not specially object it ; to this it was replied that Mr. Van Zsn? DC by .>bis assertion, as to his uniform careful cr ?. duct towards females of his congregation, by! nlJ admitted intimacy with the Murdock family, I r . his attack on the character of witness befo ^ his vestry, and by his situation as a christian n ,r luster, had given ample occasion for the qucati' , .' objected tn.] Mis* M's examination continue Jo The first ;ime Mr V. Z. took liberties wilhw (,e ness was in the vestry room ol St Paul's churc tn when he put bis hands in her bosom When I w alone with him, (she added) in his home, in b study, he put his hands under my clothes?he d ?Kio ores or hi irr?he suid " Mollv. VOu must n " do ?o any more." I replied, " 1 weald not ha u. dona 10 hid It not been for you " Recollects bci in Mr Van Zandt'a siudy when her sister was the ,r'" with her slate, algebra and pencil; her titerauk 10 ki n to eltow her Itow to do a auru in algebra; ' said he eou'd not, and (said witness) 1 tc Id him 11 thought he wia just at- p>mart in that ? he waa m any thing el?e. There waa a bed in hie n'udy, a " an arm chair; witneia sat in tha arm chair one i ternocn, and read the N. Y. Mirror ; doea not l ?e member whother her *i?icr waa or was not pi rent 'e* Cross r;v-xlion^fl hy Mr. SHUlty?Witnea* did n tell either her moihrr or her aiater that Mr- V Zand! had put hi* hind under her clothe*; no o "f clue had ever done to to her before; it waa in t ? reatry room, next to the Sunday School, that J put hia hand* into her bosom; they were trimmi the church; it was about two years ago; the ti Mis* Kmily Be. ra, but not her mother [MissM? r" is intelligent?wore a dark printed cotton dre white merino ahawl, with a straw bonnet, beau er fully trimmed with green silk velvet, and veil?h answers were prompt, to the purpose, and tvere *" be heard. Mr. Van Zandt aat hi* couna ,nt grave and aedate, gave few if any hint* to the la yrra, but looked a little earewora. Meisati r7 stout made man, middle aged, with brown ha "m large and black whiskers, extending under hi* el he ?is rather good looking, and a* if good natnred. The next witneta a worn waa timer M Waa " He waa in Mr Van Zandt'a atnJy some moot ago ; on the door leading from the study to the ha * a nirht lock had been taken olf, wkich witness pi dueed ; it oponed on the outside by a key only, a "* on the inside by a lalck ; a atnall bit of wood pise above the lateh would prevent it being opened the onf?ide by a key I think| knob with a to 11 lock is in the place of the bre?a night lock ua formerly. te Fainsv AtTrtaoog, > fr. 1 o'clock. 5 mt (The crowd la the hall waa so great that the ? to fondant, w'taeeee*, jurofe, and the people, w* id nreveitod from getting Into tho Court room for re least 15 minute* ; every bo-*y kopt in good humi it and as many as possibly could flard room, were * i? nutted J 1-, Tavca K Lavivaavow, PtaeMeM of the Hank X- Monroe aweru ?Had hooa aeauaintrd with I iat Murdeek for 26 to 28 years. (It waa the wish to- thecoma*! for the prosecution to examine this w tk D*e>, aa to Um character of Um prosecutor and I SERA ), 1842. he family, but the counsel lor the U?l< i.ce objected, lie ndmitting the great respectability ol Mr mdMn in- Murdoch,* and of their connexion*, a* stated by ng Mr. Sclden in his opening Mr. Livingston's testiir inony was not taken.] ny QAahon Kkk Kiort sworn. ?Mr Van Zandt about, ia- a year ago, stated to this witneas, that in any event lie thought lie would be worth twenty thousand a dollars. im Crosn-txaminnl?II# said, at the same time, that if his property in New York was mortgaged forsevat era), he thought, t-ix thousand ; said what his store he in New York was encumbered lor, and what it nd waj worth ; he had been offered considerably over ri- ?20,(KM) for it, but it would not fetch so much n- aow, but would leave him nett ?13,000; he had e- property in Rhode Island. in G. \V. Pmatt had aecn a child at 8oj>hia Mur er dock *, supposed tube tiers; 11 lias u ngiu com'0 ploxion. p; Mr. Sibi.ey objected to the description of the? er infant. lie had never before seen or heard testius mony of this kind proposed, perhaps we may hare a some phrenological bumps. as Mr. Ski.dfn desired to prove that, in a very to strong and striking degree,the child resembles Mr li- Van Zandt; and if it be an established fact that t) children usually resemble their parents, the testik, monv of Mr. 1'ratt is pertinent. For example if dt its skin were black. tb Judge Dayton.?That would;show it to belong ut ton dill'*rent raee. at Mr. Selden went into a disquisition at some n- length, to show that it has always been held that lie the strong resemblance of a child to a supposed y, parent is a strong proof of paternity. [We had e. Here an accession of a dozen of well dressed ladies ] to Mr. Sibi.e y said thcranevcr was and never could or he such a case quoted in the books. If a^reseinit blunec exists at all, it must be to both parents, and in not to either?but the best evidence would be the it production of the child in court. How could this d, sort of testimony be sent up to the Supreme Court 1 id The CottHT thought that various persons on teeit ing a child would have various opinions?and nnat less an anthority was shown in the bonks, be le would not permit the question. It would bring into u- court perhaps half the physicians in town, ch Mr. Seldeis said 1 am prepared to prove that n. Mr. Van /andt has a finger crooked, and so as to in he a deformity, that at least one of his acknow ts, ledged children has the same finger crooked?and lr. that this child of Miss Murdoch's has the same ii- finger crooked. I io- ts ? :-i ?j v.. il:. ...i. :r u. r? I ?r, 1"1 ijl D uli I S till, HUM UJ IIIIB IUIC, II I'll . ail an Zand'.'s other children hare not this crooked finger ib- they are not his ! ce [Gen. Matthews, Nath Rochester, and E. D ad Smith were brought forward to ascertain from them ed whether the paper read by Mr Van /audi to his lis vestry is the same as is now read, purporting to be en a copy of that document.] ild E. I). Smith said, the paper in court corresponds substantially with the paper 1 received from Mr. iig N. Rochester?it is not the same paper. I thought, of when Mr. Roberts testified, that the expression ig. he mentioned, or the substance of it, was in the in paper I read. [It is not in the eopy in court ] is. Mm. Baldwin sworn.?[Brought a young child id, with her]?Was present at the birth of Sophia >ar Murdoch's child; skonld think it was full grown; ig; it weighed 8$ pounds; witness is a nurse; it had a at very strong voice; the child is the one with witiy, ness; it was born on the 4th of August last. [Here ry the boy began to squall in a strong key, aud after in one question by Mr. Sibley, it was carried out of court.J |r. Mrs. Stevens wis present at Mr. Van Zandt's room, Spring-street House, when Mrs. James S. af Gregory was there, in the latter part of last July; j Mr and Mrs. V. Z , Mrs.G. and self were present; a. the servant came and said a gentleman wished to >( speak with Mr. Van Zandt, who left the room, and !(! iu fifteen or twenty minutes came back and said f|j that good news had come?that Mr. Striager said, ,e. that Mr. Williams said, that he could produce re two gentlemen who would come forward if called ^ on, and testify that they hud connexion with So, j phiathemsclves. jj Miss Elisabeth Atkinson sworn?[Mr Selden s'atcd that he proposed to prove by her that Mr. Van Zandt bad taken such liberties with her, that it eanscd her te avoid the congregation ] Miss Gii.kckson, (ahandsome,modest young laii dy.) was one evening at Mr. Van Zandts levea; |(i> went up io his study to get some books; witness and Sophia, and other ladies went up; tbey left; l,e Miss G and Sophia remained; Mr. Vau Zar.dt kiss#(j ed witness, wha told him to let her alone; he also kissed Sophia; this was in '41; ibinks it was in |g* the fall; sit ce this matter became public, Mr. Van _ Zandt has called at our house, and said it was not |*i necessary she should come forward as a witness, w a id asked il ibe saw him kiss Sophia; witness said she did. n [The reporter was absent fifteen minutss, and on j! his return found Mr F. M. Haight addressing the lie jury for tbe defence, the case lor the prosecuticn bo hsVmg closed.] e_ Mn. Haight, said, that he who frnly believes in (( the doctrines of Christianity, is thereby made a ' better man?be trusted that the character of his IC client would not be iniured by the fact that he is a n_ minister of tbe Gospel?and that the tittle-tattle of nt this community would not be suffered to interfere ,r_ with the verdict?in the outset they had been told Q of tbe fashion even of defendant'* carmen's, but of " that there had been no manner of proof?and much jj testimony offered ha* been re jected by the Court as 1^ improper and irrelevant?He badethe jury re mem^ berthatt' e facta charged against the defendant, )D except in one case, had no time stated, even the s ' month they happened in could not be told. We |ge expect to show an intimacy between the principal e(j witness [Miss Sophia] aad a young person, from |M which this pregnancy may have arisen?we shall show that oa one occason they were in the privy together for some time?on another that Ke they were in the wood-shed together?wo 'r* cannot prove a direct connection ? we will "c show that on Kridav the sixteenth of October 'rt the day stated by the lasly, no each connexion "c could have happened, aa she states?and this by Bl; unimpeachable testimony?a brother clergyman, T" then a settled minister in a neghbnring county He canoe hore on the 16th in the morning, and remain" e I with Mr. Van Zandt till dinner'ime,dined with >n* him, then went to his sindy, and ported with him at the door of Mrs Sherman On that day, too, a young gentleman dined with them and then went re up to his study, where he remained til) the two u" clergymen came up, when he went away. They nn wonld thus show that in the only case in which a . lime had been given by tbe prosecution, the state,l" ments made were utterly fulse. II* (Mr. II.) weiild claim, that aa they hail ad s milled the fairness of the prosecutor's character, " so the character of the defendant would be held to have been upright, untarnished and free from blame up to the time when this false chargu was v* made, from which ha expected that the jury would giro him a speedy deliverance We only r" otTcr a brief outline of Mr. Haigk's onenirg. ?o lar aa we heard it His style as a spcr.uer is agrtca"* bio, and any thinpc but tedious. jn Mi?* PaATT, called at this time for the prnse.c iQtj tion, (by previous agreement,) one evening witnj. aeaa'a mother had been passing the evening wit 0. Mrs. Murdoch, ihe thought ?hc would take a walk r%. down to Mr. Murdoch'*, and ri turn with her rao. ther. Kheaawone of the young ladies (Sophin) on the atepa, mad a person with a sersr in his ln month, who pntted through a gap in the ft nee, hut returned and spohe to witness. and then w?nt u away. This was Mr. V. Z IVitnes did not reu collect that he wore a particular kind of pantaloons. Had seen him wearing pantaloons opening J in frant. (Mr Sibley asked her if snrh pantaloons were commonly worn; she said tU?y were. A J number of ladies who hail attended on subpoenas to ti* to testify as to Mr. V Z's indecent eondurt, returned home, the court having determined that f evidence of his misconduct in ea-its beyond the I* circle of the family of the prosecutor, aurl uncon' * neeted with that of Sophia Murdoch, is inadmis 7i, -'"'J _ |gf 1 xstimoxt rim tiib Dcrnncn. tin Rar. Thomas H. Bsittah sworn?Kxamiued by Mr Siblxt.?Calledjoa Mr. Van Zai<dt nnfne 10.h D. of Ootoher, 1*40; went oy?r to Coburg; returned h' on the 16(1, of that ninntb, l>y the oars from Cor" tbage at half past ten o'clock I remained with him till the Saturday following, and supplied his n" place in the pulpit en the Sunday succeeding the 16th: he left home ou Saturday to preach in Ilatavia for Dr. ; I found Mr. Van Zandt at heme h on my return fr< to Canada; we took a walk in t!>c d city sud returned fer dinner; we cat semi time in his s'udy; dinner was not ready, for which Mrs. V. expressed her regret; f remained with him to dinner, and Mrs. V. excused herself lc- from not remaining longer, saving she was >ra going to a sewing party, and considerably Ut behind her tims?two o'clock. 8)>e did not return ?r. After dinner w? sat about half at hour.and then as >'* eroded into the ktudy ?the front rovm up stai s?a Iirgr room We remained together (beand I) till of ah >uf 4 o'olock ; he then took cat his wateh and *r he# r*d to he excused as he bad a party to attend at I of which he was'xpeeted to be present ; be asked it- me to aceompaay nim; I did so as far as the doer, us aid the re we parted It wae a house three or four ^ LD. Prlc? Tm OMtt doom north ol St. Paul's Cuuicb, where jVir Van Zandt officiated. I then went iutoMain ft , and then to the road opposite the North American Hotel, and thenet directly to Mr V Z.'s house and cnteoad hi? study,which 1 iihv tjfc found on the latch, and remained there till summoned to tea, which 1 took with Mr. Vau Zandt's mother, and remained till J lie mum home. That day dilld with me, Mr. and I Mrs. Van Zandt, his mother, Thaddeus and Janiee * DeWolf. hi the morning of that day TFriday] I found James DeWolf at Mr. Vau Zandt s?he had i come there during my absence at Coburg. At dinner, DeWolf and Thaddeus rose from table as soon as Mr. Van Zandt, ami when 1 went into the study I found Mr, DeWolf preparing to leave it. On the following Sunday alter I preached here, I preached my fir it sermon at Palmyra, where ] w us afterwards settled Mr. Van Zandt was not, to the best of my belief out <-f my presence from the time we took a walk on Friday morning till we parted at Mrs. Sherman's door; but I will not ^ swear to that; 1 aui positive it was about half past two when we were that day summoned to dinner; when I returned from accompanying Mr. Van Zandt to Mr.i Sherman's, 1 found Mr. \ an Zandt's noIhar.iwl hi* sklU>.< ? ? ' ' . .... .... limic ?v?r a jirnUT 9IUD UI IOC J Firemen with their engine* passing, and I eat with 4' the children at the window that tlxy might are it; ' an to 1 he Jay of the month, 1 have no doubt: it was the 16tb; lam :urc, I am not mistaken. Do yoa with me to assign the causel Mr. Sibley replied "1 do not, fir." Witness continued. 'J'haddeu* Van Zandt, was a tall young man, uot very atout, about 18 yearn of ago, and to mc he had the appenrance of a worn out rrke. Oojf txamincd by Mr. S. L Stlion.?K paper waa handed to w itness and he win askid it that was his declaration made to t came by the stea mrr Gore, and arrived at the landing, and immediately took the cat a for Rochester on the 18th. On the following Monday 1 took hreahfbft, and then . took a ttroll t# see the town?into Main Mieet, down to \ 1 where the Batavia can usually land, ond th< n directly \ back the tome way. I then returned to the study and read till dinner time. Mrs. Van V. indt. sen. told me she was nfraid Thaddeui would corrupt De. Wolff moral*. On that day, De Wolf.Tbaddeut, Mrs. VanZandt; senior and junior, and the children were at dinner. Mr. Hihi.kt?We will now take Tuesday. , \ViTs?n?I appeal? I cannot really recollect. On the Friday I either dined with hitn or Mr. Colea that day. 1 cannot charge iny memory as to what else I did. It w as not till ten months afterwards, viz : in August, 1R1, that my attention w as colled to the < v< nts ol the I6:h of August. IS4t>. I am sure that Mr- Vanzundt did not leave his study slteranr walk till dinner?we had wine at dinner 011 that day, and on the oths r day, the 10th of Oct. und en no other days. On? day, a dome,tic, a female, came to the dining room door, and was told that a young lady wanted to speak to htm?Mrs. V. was leaving the dining-room at the moment?lie tens absent 10 or IB rainutrs or more?I stopt at the table with his mother that evening till ho came back. I cannot tell a hat day this oecttrred, but it was one dny that week. Hla mother asked who the young lady was?ha told her that she also wanted a book?I do not remember her name.? On that day he went into the study alter dinner?no one was there. One day, thu 10th, Mrs. V. set a part of a bot- y tip of madeira on th? table, at Mr. V.^ request?this was \ before she went to Mrs. Sherman's. I ri.ncot jiostively * swear tbat the young lady did not call for the book* on the 16th, but believe not. I relatid this matter to Mr. Hill?and on another occasion to Mr. R. Jackson? I think I aaid nothing about the yating lady's call to these gentle* men or to the committee of the church, lbave passed many sleepless nights li ving to rrcolluct what took plare at Mr. Vanrsndt'f w hen I was there. Hero Mr. Selderi read a letter from this witness to Mr. Vnnzandt. dated last Sept.. acknowledging past favors, and stating that he could tie no data to show that it was not on the 16th he (V.) was absent with young lady, and that in the meantime this witness's evidence would do defendant no good. When tho young ladycalled, Mr. V. invited her to take part of the desert?she decl'nrd, saying she had dined and w as in a hurry going somewhere. 1 cannot iwsitisely say this was not the day Mrs. V. said she was going to the society. Cou,t of Common Pleas. Bcfi re Judge Ulahoeffcr. Jan. 4?Thomas Coles vs. If. I). Cool id tge ?Tbia was un action for slander, the damage* laid at 01.000. David Ukaham, Esq. in opening the rasa, stated that the plaintiff waa a respectable shoe dealer in the city of New York, and had transactions with the defendant, a shoe merchant residing at Hoaton. .Mr. Coles had been unfortunate in business. Mr. Conlidge gave out that he waa u rogue, u cheat, and a swindler, and he could send hitn to the State rrison. :\<r. uoies nau tiecn injurwU by the remarks, anil now (ought reparation. Mr. Peter V. Tilyoi- sworn?Kept in hit f?tliai's store, that of Mr. John D.Tilyou,in Chatham street; ?nmc time in January, 1840, Mr. Coolidge and Mr. Cole* were in our store; considerable conversation took place between them ; Mr. Cole* was calm, but Mr. Coolidge a little angry; the latter *aid, in allusion to tome buaines* hetwet nthem. that it w as a swindling transaction?that Mr. Colt* was a swindler, and hf/d swindled him out of hi* goods, and he was able to prove it, and could seud him to the State Prison. Mr. John Ga vwor was then called?Kept in Mr. Tilyou's store, and heard the conversation alluded to by the last witness. Mr. Graham, in further proof of Mr Coolidge'a position in regard to Mr. Cules, read the following letter .? Mh. Tho*. Colics ? S layouts of the8th inst. is reci ived.buttoo late to prevent patting my friends in Mrrv York to more additional trouble on mv account. You say if I have nop proposition to make, to do it definitely, and you will answer. I wrote you in my last that, with you, 1 should have do negotiations. I have no proposition to make to yon. If Mr. Tilyou will undertake to nrgotiatc between us, with him I w ill confer. I consider him u gentleman, and am willing to try to bring the firat matter in dispute to an amicable orrangiment. With regard iothe latter,the next you hear may be " The State o( Now York versus Coles It Howe," or else a rrrpiisjtion from this State, fur obtaining good* under falcc pretence*. 1 aui col to be fooled with much longer. Your*, he. W. I). t'OOLlDliB. Boston, Keb. 12 ltm>. Mr N. B Blcxt, for defendant, then moved a unuMiit, on the ground that the words complained of were spoken tothe defendant huntrif, mid not to third parties, and the letter had been written to the defendant personally. He contended that no lander, in consequent e, had I ten proved The Co :rt, however, overruled the objection, spying that sufficient had hren proved to go tc the Jury M r Bi.u.vt then opened for the,and contended that in producing the letter, the counsel for plaint ill" had brought himself within the rules ? lie had presented charges o'ber than those aontained in the declaration, whi-.h gave the. deftuco an npportunitr of going into justification. This waa denied by Mr. Graham, who remark' ed that the letter was merely in proof of the declaration, and that the counsel must confine hia evidence to tho specific charge. The Court observed that tho letter contained charges of felony, averring that the plaintiff waa liable to a fr minnl action, and had bun guilty of obtaining goods under false pretence. So far <he counsel nm ftt liberty to bring justifying proof,bnt not beyond that point. Mt<ira, Ttt.rov tnrf Gavaoi wrre a??in placed upon the stand, but nothing additional w*j elicitSamufl Howr. sworn.?TVat ono of the liria? kept a shop. store at 59 Liberty atrnt. corner of tiree'i; stopped payment in .tune or J illy, ltCfT; Mr. Cries then t ink stor No. M2Chatham street, an I we removed to it; in owed Mr. C.onliifge between $800 end $li.00 far oonte and shoes; (helaat we rtcairad from linn ??* the day bcfi re or the f>me day that we slopped payment; the hill ainountad to $300 or .>'100; on I he previous Saturday willies t^ave the nrd' r personally, on board the steamboat, to Mr. Coolidgp, as the latter was starting lor Beaton,and requested thut the boot* and shin * should be srnt mi by WeJnrsday, as we were de ?ir ut t'f lushing up an ois!er fer the south; the failure was t?n-*peeted; we had g'.o'a and paper enrn;h on hand to pay our debts, with Jj20,OflO surplus. Mr. Coetii'gc came ou aga n ju?t aa wo had shipped bis hill of etioea, or were about to hip thtM; cannot say wbi h I told Mr. Coulidge thatj ve treey Veairous of filling the southern order?lha' if he would leave them with us lie should lote nothing?that if we were compelled to male an a?f uennient, hi* debt shou'd be a preferred one We did isaign, Mr. Tilyon (which gentleman, Mr Coles and mvaelf are broih? r?-in-law) being one of theaoicnee*. hut I at first refuted to sign it, a- iwivate debts of Mr. Co lea were placed in it, while debt a of the firm that ought to have been, were not ac. Wefowed. when we stooped, between $W,QUO and $90,000; the debt|fof Mr. Coolidgr was not placed among thnac ef preferred creditors; the preferred debt amounted to between >10,000 aud $12,000, the whole of which hare cot yet b?e? paid; aetinna were afterwards iuatitaUd ay eewsc of the creditors against the firm and against the assignees. one of which ia now in Chancery. The CenaT charged that the avidenco neither justified in law the ?a,ir?fsion?, or the charges contained in the litter. The plaintiff wae, therefore, entitled to damages. A rated verdict will he brenght ia this fortaoon. >

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