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

—_EEee THE NEW YORK HERALD. en ne eee eee camuan meri gy3 00370 ns PME, eo eree ST CaP ES S ——_ | EW YORK, WEDNESDAY MORNING, JANUARY 5, ? Price Two Cents *” Vol. ViF.—Ho. 292.—-Whole No. 1900 N and she wanted him to assist her; does not re- member what sum ; saw her sister sitting by the k ; does not know whether she wae bse ing ha | paper ; saw her sitdown ; cannet say how long she or Tue pa shen aid noth pay osly, whee she bet es Vrdod ‘at the desk ; probably two minutes ; she 7 pgag ipelipaerbagens: Pete then sat down, her back towards her ; believes REV. W. VAN ZANDT, | weeks when ther, weir Either owe, cocord; the | the had the paper, near to her fase! the, paper es . 3 ec] ste! ; for the benefit of | Was the New York Mirror ; ; : FOR SEDUCTION. rosea pv pose g ay frequently | to her going ae eheshad nee falshed ite CIRCUIT COURT_DECEMBER TERM. 3 to come and tb wks; canna remember precitely starr she ropmemnbera she told; bes that oe ee Dec. 30, 2) P. M- what the defendant said whew that she went away immediately. The bed stood Tasgae Darron, » Come, but he did so repeatedly, and she went and | {41 he alt iy eee and the desk on the oppo- w. Naruan Dayton, Juvor Sin x : runnin. got books; does not remember seeing any OG 10 | ite between the two front windows in about the hester Papers;) was a year ago last April. Their families beeame hcg ont Intimate ns soon as le removed; Mr. Van Zandt REPORT OF THE TRIAL had been in the habit of ‘coming frequently to their Vashi an the library but defendan’ he was there; the library | centre; ber sist about ten feet; the foot ial of the Rev. Washington Van Zandt, Rector of ibrary but defendan’ 06 Treat rooim, in wien | centres her sister was abc ; Grace Church, Rochester, the Seduction of Miss | W8# Kept in a “ i board was about two feet above the surface of the ries oe ek a bed; whenalone with defendant, jn bi bedsthe bed stood in the same positional the time he re very familiar; never said much of pie thing, bat Kiseed her frequently, nothing mores b ki lived there; when she sat down her side rested on o d her once before he removed, and | the foot board when has pushes her down; i . he sisted him all she could, as much as herby Ea ata Ae Seint power, was much alarmed, frightened wh sabe _ | not know but others in her situation would have Pag strect, he ae water nen ee ae ‘save | Tesisted more, but she resisted all she could; her y d unless he gave toail. He was in the | feet were perhaps not on the bed; nor were they ing the evenings at their howe, and | 0 thefloor; his persen was exposed; his panta- nite. | When gi way one evening, he asked them to loons were down; does not know none long -, far less anxiety and oxo’ | come and see the stars. Does not remember ever was in that situation; cannot remember is at si 14 Utica last O°tober’ | being alone with him on the front steps; does not | said to him; but remembers saying somernags aie ene, ‘i nothing to her sister; e! achiniteg | reiioembec! ot What tess. s ie, mre affair, Rar bor sister, norto any person; does not Murdock aaa vcheber | Femember what she did when she came home; does not remember how long before she went over agein te see defendant; cannot say how many days; saw defendant afterwards ; did not speak to him of what happened; did not goa dozen nor halfdozen a , thi osecution, Samuel L. Selden, Judge someon, Henry R. Belden, Graham H. Chapin, d Orlando Hastings. ; For the defence, Mark H. Sibley of Ontario, Ad- jon Gardiner, Fletcher M. Haight, and E. B. heel The ‘mack talked of of Murdock vs. Van ndt, came off yester: iternoon before one of 2 most crowded courts we have ever seen i? 4 vs pivot lane: To re- jel and evidence at t fet cata fi scvesst newspapers: we have, | it wai about nine o’elock + it | he attempted to draw her on his lap; he w: h wrefore, condensed the proceedings so as to omit | oa tit ie was standing at the door, times afterwards; only went to the house when ne- i terial te 4 right understanding of the cere ; cessary; probably not oftener than once a week; ae he tool her by the armand tried toraise herdress; | Cost) Piney of the library; there are more 0 . | she tried to get away from him; this was all that . : lupor SecoEN U possse the ours Dee sli prgvecn: mae pikes aeaket vee ‘A(ter this time, on another doors to the ete than ate she bed ag Bese iF pe aye ape eniehe dest daughter, | 0scasion, after spending the evening at their house, ‘ e room wares ee ibe con ping ne rn # of Dr. Murdock the plaintif’s caer f age, by | heattempted todo the same things he went farther, | Per np tad curow ter om Bae Ne tye-apened. tle Phin, © young lady. of sixteen Jose oe snaa'the | butdid net succeed any better; he raised her dress | Dre tunes twas tte syn or when he 1 Dar ongpes sc he that time, but her sister was with her,and she got Busi ra about 6 (coe ee trices Gard to avoid t! rrorg of that extreme cl ss, b; believi g religion to be a fable and its profes: | away from hi me few ef his private books in the large li- Py be i he went into the hous 3 ; t # hypocrites, are prepared to credit a report of | fhe went in brary; she was admiited into the house by the eH of a cleriedl person, on very weak evi | her sister is tyeareofacelsst January. ACerwardt | VitcTen girl, but cannot remember who she was they had so many servants, but she is under the impression that she was directed to go by the person up to the study; she iv certain that she must have been admitted, for the deor was fastened by a bolt; the door was not left open, it was too cold weather; she remembers baving rang the bell,and is under the impression that the kitchen girl opened the door; doew not know whether there was morethan one gir! » ease 0 the errors of that other whose for religion impairs their impartiality, ren- asked her and ter to come to his study with | him. She went, and took her slate and algebra; ve padres es Sed hep aes ane iy at down en the es of Siebel ee lag oe J induce a belief that such charges as the pre- ig the library; she aske . e bei 34 ii i fal: ‘d | antto show her a sum in algebra, and he sat down ie Suess 3 F discree! ly ‘nor | on the bed bee ee eed som acer py ead ially. lookin, to the annala of } 2 bra, and arithmetic, and so forth, ye- : Sourts of law for the prevent year, ic would hat ‘defendant said be was notmuch of mv | erred hat times did not see Mtv. Van Zandt; ask: foand that religions | sreabere sree antl Meroapers ‘does not reeollest whether ed defendantif she was going to the Boel Paper: ind benetn Baek sotaliah, Bede ‘a tester bed, but is certain that it had a large | #aid she had gone; he was in the study; he to ld t Ep her in his arms and laid her on the bed; she resist- e seen tl copalian, Presbyterian, and ehhkee olie Clergymen havebeen brought forward 3 ed and struggled as well as she could; she made no ged with this offence—and if he remembered outery; cannat say how long he lay with her on the bed; he laid her down and got on the bed they were in every easc foun It 4 ae anes aviduaee: Glergymen have she could, and got away from him; during the | 11° (3 0c oon ot say how long she was with ‘a t favorable opportunities for this struggle defendant exposed his person; does not hi et es aren y Rane We et ig ad of agen thelr Poestlgas bring them | remember what description of utaloons he ead d mother loot fond ad Ser dvext Meee tothe jen on ‘vith Tabi Canales of their con. | Wore; she called her sister to her, and they petra eld heed isabel tad Aster ee Cestiins ott being ‘an important part of the pas. | “ent home; does not remember whether he bea doh 9 Mensa dep adarcee deen seccaton sea a eit chetmembers of their churches | said anything to, her or not, during this strug- | OCaS Cit. went with, the book to her mother. hold religious aaoitnd er borer a regen cere ct the after. | Went afterwards to the ladies’ sewing society; did a os oo mace ant noon of the same day in ae on a the fe cee tata Portal aa io Couette al ¢ - | panies were reviewed. e ha een at their 4 - picks Fee eee oncdesee tt house that day; told her mother that he had got jpere ee adios wes theres pte, MGA zs mae nes : sa their hands, and it would be remarkable | somcnew books, and that one of them was tar stata Gieirene aa eee eS ec tabac hems were i story of Ferdinand and Isubella. Her mother H , - ON pact ltt pbb et al Hahed her to go and get the book: she refused to | by Mr, Dwvinell; he did not stay with her tual eve; : henae bycltant shers—less practic go, but her mother insisted, as she was already | "IDE; he sto, Nee Z ne se bo me , rprniggl Id. rts the by befe diessed, as she was going to a meeting of theSew- | were there; Mr. Van mands oa to Ae sr : Baia b pret dt! ing Society, at Mr. Sherman’s; thinks she mrt de- | 18 the evening to tea; had n ae aversation with the fendant at the street door; she asked him if M him; cannot state how long she was ceil Van Zundt bad gone to the society, and he sa ber alone with him; no one wae in the study but she had; she him for the book; she stood | themselves; no one when she entered; between the library ana bed; he handed her aed on that day a light blue mu: ry 4 - pee a the book, which she o |) 888 defendant 5 dant’s family at that time cot ‘ cael cad ‘of the fami M ped tothe door; what To dose she does not nov; fe, three children, nephew and mother, cet . ung laay’e bed her Mii she stood looking at the book; he came where she tl ited ot kee bout 17, her brotha f the ssme : he oh felltented cation dome of our best ‘and took her in his arms, and laid her on the | #ge lived at home; her spely: wae = i Bienes r was formerly considered a hen he raised her clothes and had co! ther, and parental was Wa sedanints \ but he | with her; in eonsequence of that connection she Van Zandt; rork§ his ed because there w: g liquors, | became pregnant; she does not recollect being at few weeks Se ee a ¥ nd h so many able and geod men have | his hou: but ence afterwards; did not then see photcaysd bc hunpt- Keawambars eee Se ee joty_-dyfficulties occurred in the | defendant; another time he attempted the same | 1°¢ hima since a faw.daxe before thankeniy ies las MMored personal violence to hit wife, | (ring in his parlors it was one evening (she dees heard he has gone away fp ford parts; wee ras PF deigan eahow me—eame back a sick | not remember whether it was before or after, but no intimacy more than with the r members o| i bre ‘man_owas nursed by his affec- | thinks it was after) when she went to return a book the family; no dalliance! no noth Rewriter mate wife, for the last year has been a regu- | that she was to carry t Van Zandt; thinks she | 0” the bed with him nor everin the stu pvp = 3 nious man —bat his mental powers had | Went to the nursery and found no one but Mrs. Van ps b ghee Arpt. ema th been aber teayed—and his wife has had to support herself | Zandt; did not see defendant; the door was open writing a ie for ho A er tl Lite he Mi'Reniy by her needle, and edueteter children | between the nursery and atudy; Mrs Van Zandt | Gea Teresi tae rather house; whenin his Foom ; fertie oneren coess, (ene norae of the told her to go to defendant and return the books | fe gid not sit on Thaddeus” bed; not on the bed, he a ei pe 4 oo paseo cpebe-siad flag = pe eet. See eee ee tit the volta certainly; but never took any liberties with her wanted was not there, but was down ree b as —— abet a — Ca Port dad d i irked to went with him, and he went inte the Pp ‘ime he saw her; os put bis ai . A ‘ Va ah ee de po binge prac cob’ see bot she remained in the hall; he called her into the | When he kissed her; betes not in muapaice doing it diys, as her eldest daughter vas now capable | patlor; went into the back parlor; did not find the | #"ything; are aioe? ea ome neve may -T acling as an assistant in a school, having com: book there, and they both went into the front par- | bave been left a vagalthed mend tien wher ory. + “\eted ber edneation. At that tine the young lady | lor; fou table; he threw h si thrte nde agit po pirate gh hee A Samer acd ad aperfeetly fuirand unsullied reputation—the | the sofa; tried to raise her dress; she d, | ¢0 him at his ney oT marie whe @ oreathof etter nea not injured he and went away; does not remember whether she | shed that Thaddeus an Binet e icetencistea heard i brought the book away or not; he did not, ov that her house’) when he took those liberties wit ji in his objeet; her, i @ at her own house, and before he ) arte occasion, suceeed in his objeet; she uever has had wend away} did not see him for a. fort- retfamilies, in point of respectatility and stand- g, inthis Sfate. Afew weeks prior to the dis- tl cepnection with any other individual; her child ; sep sid me years ope costeneh was born on the 4th August; she first diseovered | tight before hi pool bb es re pate him; te Protestant Episeopal Churehin St. Paul street | her situation about a fortnight before the court of she bres ene: eta to him; heaps ere ibe iMre send ‘and her family were members of | inquiry, 2ist of July, when she told her mother; | her brotherfbe vith regs bor Le hep pe by -ecmak tatty never communicated her situation to defendant; he | baving spoken with him but docs pot remem came to their house, aud her mother told him; did | What subject; before he came to the house he cam . i to brother; went to m recitations h > tpi id ben: not son him then, ner hear what aa him ina pew with him tw: one of the doors ind to (he family—a a) Rasy sedugier geveagey Yr of the study opened into the nursery; the children } sceher since then. ad kivect her—and w sixmont ed ‘hia wife and family to Clinton street, only | Cross Lxamined—-Did not see Mr. Van Zandt at e fifteen feet distant from her mother’s door, | the pouse, but saw him coming towards the house. ade her and her relatives gresents of drei ‘This was about a week after she had communicated “ney visited almost daily—he sontinued to profess | to her mother her rituation ; he staid abont five had called to see her mothe: hat he felt a deep interest is the welfare of the | minutes ; she did not see him go away, buther| it was after C tmas; did not s amily, but continued to takemore indecent liber- | nother came out of the room ; her mother told her | clergyman that she t go out and could her. One day, ins summer's afternoon | that she did not sit down, and that she had refused | get out when with he but the second time were there she supposes, and the defendan ther for some time; it was a week or ten fore the committee met before whom shi ed that she discovered her ra defendant, said he va to shake hands with him when he offered her his | she told that the door was fastened by having a piece ited Miss Sophia and te rtohis study | hand. Her mother said that defendant denied ba of wood over the latch; she could not ‘ ety the -they went—and while her (ister sat reading the | ing any connexion with hei had in her exa- } door, and he opened it for her; it wasa vmall brass arm-ebair with her back to them, he | inination in chief, stated all th nees in which | Jateh; did not see him pick up the piece of wood; arew ker (fophia) on the bi, lay down, exposed | there had beea any connexion with defendant. At | thinks it was fastened by astring to the door; saw is persan, bat she awy from him, and with | the time that he resided in Clinton street, when he | bim go to the door; when she went from Mr. Van er sister Feturned home. Mr. Van Zandt then | first kcissed ber, she did not go for books ; the | Zandt’s roomto the study, she did not shut the tore, and gigs ml ow inihe habit of wearing, | members of tle congregation went for books, but | door herself; found the book on the parlor table; be article of ress well tnown as “seduction ry was not established, she thinks, at that | does not remember whether she took the book home Ch descdbed them) said tobe 6 went often; it depended upon the size | or not; he looked in the library first, then eame CSc. Sete eee clase volume; the books generally were of a reli- | down tothe parior, and he afterwards invited meto; reaste of ©) oie bce time after this viz : ous eharacter. Her pareuts’ house fronted on | never spoke to her brother nor any other person boat the 16th of October, 18W, one afternoon, | St. Paul street, as did defendant's; the stoop spo- | about the liberties defencant bad taken with her ; is er diana es Sopdia prepared herself to | ken of was in front of her father’s house; was | the scene in the parlor aceurred inthe evening; the Esp bear bay eee fg ery Sen ; there | room was not lighted; does not remember whether, ote ae sees Mhpie Sos get acer | were two steps descending; their h on that oeeasion, she entered without knocking ; OO Te nts stated bere by deine atiay? | good ways back from the street; thinks she rang the bell ; cannot say who eame to we rine oete Mardieicrs tenttke Selden | she mentioaed were light; there the door ; did not mention thie parlor scene to the hed found in Miss 3 kek's testimony, which | jer but her sister; her mother was somewhere committee; thought of it afterwards, and told it to lows, Bhe atates that sie was then and there | the houre ‘i J 1] Hier ehild wos torn the 4th of August ai alae * ) sin Hage weeks An tiwo or three days hon time ashe stated. [ime the learned counsel tered into a statement which W~ omit ] Short! vions to her delivery, @lst July, she was cali- Je agency oes ig re} se ane th: ety, though Dr. ood thought ® wor : t was in full view of St. Paul street woe On pope a erly evatoop eould. mot be seen by those in the Se eet at ke only’ and that gover) NOW on the other side; no houses there; does nay cag oe adn GR aig Mh cope Dah remember exaetly what she did when he at- A i i rf that day hud she with Mr. Van Za eu to tatse herd i to the library, and as she had on a silk d wit- ill be fshown in evidtce, that the reverend he réauaas ‘a dress the first time; she be- | noes heard it rattling, and some expressions that did not take lityrties with Sophia ovly | not spew loud, but dear pat ey cath she said to herself; she heard her say, “ Let me tecini she "hehe te she nid the same thine; does not rem i fa the summer no tne wae ag ey butt was | sequence of receiving an invitation to write a let. evening but the family; she tiers the ire a4 ter, whieh she did. He staid in the room with his , bat not the time; did not mention this o. sult | cousin, but somebody coming in, she went out, and & meeting of the | 1 any body; does not remember{ whether her oie, | oft Thaddeus and witness alone. ‘The young lady ry of his church, to take a defence before it. | ter was on the stoop; thinks she was a Tee wis” | returned shortly after, and excused herself, saying er TAry met, and the dfendant then there made | cealed by the door; she looked around to seein, | that she made an agreement to ge out with agen ¢. otiowing Femurkah! ie | sister observed her; she stood with her back us| emer. She was absont buts few moments, Dr. her; she docs not remember what she raid, but | Toby was the inn that attended her. thinks it was the same as she said before; does not inalion.—The young lady told her remember what it was she cannot apeak of nt, that he had promised her one of the time of year, but it was the summer; the oa- k long ofter she was f for religious | exrrenee was so strange that any one should do | » 3 the rest of the ladies bad heen there. but to reuiisewaid Jadge Selden that | sueh thiogs that she remembers ic; it was not | ""0 Sone away. It was about the middle of the ” “rd their rtp let 80 lon a Sunday, evening; it woe an evening in the | ‘y°?!™ They generally went up stairs when they or btGnk we shall show the | weeks she would not be on the front stoop on | Chose, took what books ted, and put them ever Sunday evening; knows not whether it was be- + Recollects it was, ab le of the or after the fourth of July; thinks it was ~ Bho had teken @ book; told the story to ‘ Indge Selden when she tal twas after; for she remembers that on the | Toes not recoliect whether t habeas Gant Spent ert Examination Resumed—Remembers defendant’s study, with himself and M Gilkinson ; it was on one of their Thursday e ning levees. She asked me to ge in with her get a book; thinks defendant was there before they went in; there had been other ladies there,who came out an they entered. When they went in, she asked Mr. Van Zandt for a book ; he had promi sed her one of Scott’s novels ; she went with bim one evening of him directing them to the obser- tion of the northern lights, Her mother was the room and she went out to the stoop; th ston oa th eard no sound of kissing; believes that he herand witnees,after he came out. On the oe- n that she waa in Thaddeus’ room, it was in con. ot 7 ; eraoked, Me. Van Z and she was invited; tthe roams; dee ‘5 child, by hi ss itdofendant’s niece was not there, " here Indies and rom its bith—just like its | Mit does, not know how long afte the silk rattle; does not reeotleet if she heard tt 5 tom, Mrs. VarZandt kod aebild born | Ae im September, and it was befe hi : ot pommbta bar thd thnor the dayofth ly in that room; spoke to the young lady al meme fesily oe i or an Since “ 7 h * ady ; it pra th yo' the month | it; did not speak to her mother or brother eription of evid lo be ced,and the | Ut 4x the time more particula:ly. Sarunpay, Dee. 31, 9) A.M. to ba take by thea feadner, 3 hersister went with her ; - | Tease BR. Exwoon— With: ted te siteed ce apne Bonn opersemag haps about f 4 serve a subpeena on Thadde ite on ; pits vited then: Selden for the presecution— ; .. Gulled an minutes afterward WV hen she want intothe study to eg tee and made an “8 5 she sat om ‘deide ; t ¢ th "| serve tho sal on the 13tl, but h Tith of pene ie Tie ale sixteen yeare ef | cannat Temember but thinks the uskeo defendsat to he had one th China, to be absent fort “tod telat ~ Pin Ae of plantiff; | show her some sum in nf ; ; was a member it bis ehurchesticase | Witt her eet ndlgh ho oa tmoetiog called in thie clty, co Betis, vn § i che The bed stood on the right hand as | W2* presontat a ing called pho bes reside herg has been at his house b Pieyltn poy pn ge 1 pth imeelt fed the ‘aon ~ ae aint a i rom ¢ fon on Clinton staet, bat not frequently, | bea; had the boek and al him b: Kee Murdock. He mad written state: l 41 jate awd id ha eame to weside nex her father’s, which | be, trying to dea cum ator’ bat could not do a » and we had considerable conversation with —————— Cree cespenemsstanlipciestiedereigpe-pee-tiicerseseiestie henisno-tpeteseeneenlan n him. His language was something like this, to the best of my recollection, but whether it was in the papers that he read and put in his pocket, I can- net tell. He said—* It cannot be me, for knowing my own prope , Thave invariably taken par- tigular pains to avoid meeting the female of my congregation alone, even for religious eonversa- tion.” Mr. Sister, for the defence, submitted a written paper to the witness, and asked him to look over it, and see if he could tell if that was the document read by Mr. Van Zandt at the vestry. The witness, having read it in the stand, he thought that that was the paper, and the court decided that it should be given in evi- dence. It was then read by Mr. Sibley. Its con- tents are briefly as follows: On the Friday re- one of his parishoners, had hinted to him atements were abroad as to him and the elder Mardock. He called on her mother, who re fused to accept his hand offered her in frieydship; Mrs. Murdock accused him of the ruin of her daughter; he took his God to witness that he was innocent; he could not then see ber daughter; a nephew of his, Thaddeus Van Zandt, who was at his house, had gene to New York, gone to a houee of ill fame, and returned to my fami- ly ; ona particular oceasion he (Mr. Van Zandt) heard a noise in his etudy, and Mary Murdock, sister to Sophis,came out; Thaddews Van Zandt of doors and sent him to Rev. Mr. Wheeler's at 3 Thaddeus had boasted that he had had con- nexion with Sophia, whenever he pleased, in the woodshed; and that this charge was @ conspiracy, originated by Thaddeus, from motives of revenge. He (Mr, Van Zandt) had made it a point not to meet the females of his congregation aloneeven for religious conversation. ‘The witness thought it was substantially the same statement as Mr. Van Zandt had read tu the vestry; at leat a part of it was; butif this is the paper then and there read, witness positively believes Mr. Van Zandt had used the precise words he (witness) had here stat- ed. He (Mr. Van Zandt) said to his vestry that he had known the two girls Murdock to be little strumpets, for sometime, or words of that mean- ing. Oneofthe vestry checked him for using such language respecting members of the congregation. Wittiam W. Bayan sworn—Was present in court, and had heard the testimony of Mr. Roberts, and was present at the vestry meeting with Mr. Roberts; Mr. Van Zandt used the language men- tioned by Mr. Roberts, viz: ‘it cannot be me, for, knowing my own propensities,” &c. Mr. Van Zandt read from a paper before him, but he sub- mitted nothing to us in the vestry, with reference to the character of th: gi he said, ‘‘it is too bad that my jhitherto character should be ruined by those strumpets.” I think that those were his words; he also said, ‘he thoyght clergymen ought to be castrated, and then such charges could not be brought against them.” i Crosa-Examined by Mr. Sintry.—The meeting of the vestry was informsl—Mr V. Z. did most of the talking—there was no record made of anything. } never saw the paper Mr. V. Z. read, except in bis b I paid particular attention to the pas- conversation which | have repeated, because it was what I had not expected to hear from our minister, but improper and unbecoming; and it made a deep impression on me. I think that John Cole, Daniel Graves, Ansel Roberts, Dr.Toby, Wm. ©. Storre, and, I think, the whole vestry were present but one: The meeting was ona Mon- day evening, between the 5th and 15th of July. Re-examined.—W tness has been a friend to Mr. V. Z, up to the time of that vestry meeting. Wittuam ©. Sronre—is one of the vestry of Grace Church, and was present at the meeting; I think Mr. Vau that koo sities and desires, and fs he had been careful not to be alone with females I thiak this was in the. paper he read; he calle the two Mise Murdockes strumpets; and, to a re- day previene some one had. told. h he had visited Mrs. Murdock, to shake hands with him, and have ruined my daughter, and rained my fami- ly; I tint he said that he had asked to see the girl. (Sophia) but that her mother refused; and nding he could do nothing with the family he Came away. He said that at one time there had been a great intimacy between the two families; but that it had been broken off, andthathe sus pected Sophia was in the family way, fiom her sp- pearance and mode of dressing; that there had been improper intercourse between his nephew Thaddeus and Mary Murdock; on one oceasion he (Mr. Van Zandt) missed Thaddeus from the room, went up stairs, found Thaddeus’ room locked ; went up ten minutes alter; Mary came out, and he found Thaddeus within. He said he thought no improper intimacy had subsisted between hi phew and Sophia, whom he dese: bes unassuming vil. ' [Some part of tion of Mr. Van Zandt’s language, is to for the press.] Mr. Van Zandt drank gin and su- garat (1 think witness said) three or four different paces; it did not in the least affect his conver- sation. ‘The vestry took rome step I was at, to lay the matter before the P (Nothing important appeared to be elicte:! by Mr. Sibley’s very able cross examination. ‘The above three membersof the vestry of Grace Charch gave the testimony with much el: end decorum ; and apparently a deep impres- sion on the large and respectable audience, whose orderly and sedate behavior was never surpassed at uny court of justice at which this reporter has been present, either in Earope or America. Many Murvock, sworn. [Examined by Jadge Shelden.]—Witness is the sister of Sephia Mar- dock—Rev. Mr. V. Z. had taken liberties with the person of thi (There was a strong effort made by the counsel for the defence to induce the court to prevent Miss M. from stating any im- roper conduct of Mr. Van. dt towal i though they did not specially object to his it was replied that Mr. Van Zandt, by shi ertion, as to his uniform careful con- duct towards females of his congregation, by his mitted intimacy with the Murdock i ter of witm s vestry, and by his ion as a christia nister, had given ample oc: m for the qu objected to.] Miss M’s. examination continued. The first time Mr. V. Z. took libertie ith wit ness was in the vestry room of St Paul’s church, when he put bis hands inher bosom. When! was alone with him, (she added) in his home, in his study, he pat his hands under my clothes—he did this once or twice—he said “ Molly, yoa must not do so any more.” I replied, ‘(1 would not have done so had it not been for you” Recollects being in Mr Van Zandt’s study when her sister was there with her slate, algebra and pencil; her sister asked him to show her how to do a sum in algebra; he said he cou'd not, and (said witnese) J told him I thought he wa tas emartia that as he was in any thing else. bed in his study, and an arm chair; wit thararm chair one af- ternoon, and read the ¥. Mirror ; does not re- member whother her sister was or was not pre- vent Cons questioned by Mr. Sibley.—Witness did not tell either her mother or her sister that Mr: Van Zandt had put his hand under her clothes; no one else had ever done so to her before; it was in the vestry room, next to the Sunday School, that he put hi de into her bosom; they were trimmin; the church; it was about two years ago; she told « Emily Berrs, but nother mother. [M is intelligent—wore a dark printed cotton dress, white merino shawl, with a straw bonnet, beaut fuily trimmed with green silk velvet, and veil—h answers were proropt, to the purpose, and were to be heard. Mr. Van Zandt sat beside his counsel, grave and sedate, gave fow if any hinta to the law- yers, bat looked a little careworn. Ife is a tail, stout made man, middle aged, with brown hair, large and black whiakers, extending under his chin —is rather good looking, and ai good natared. The vext witness sworn wae Hexny M. Wann. Hewas in Mr Van Zandt’s study some months ago ; on the door leading from the study to the ball, anight lock had been taken off, which witness pro- y a key only, and ; bit of wood placed above the latch would prevent it being opened on the ontside by akey. I thinks Knob with a sunk lock is in the place of the brass night lock used formerly. here wa: Farpay Arrrunooy, o'clock. [The crowd in the hallwas 90 that the de- fendant, witres: jarore, and people, were reverted from ing into the: reom for at leant 15 reinutes ; every bo’ in good bi and oo aa as per ly goats earl mitt y JameeK Lavixoetor, Provident of the Hank of Mowroe sworn —Hed been sequainted with Dr Murdock for 26 to 28 years, (It was the wish of the coanseal for the prosecution to examine this wit- Dees, as to the eharecter of the prosecutor and his family, but the counsel lor the de admitting the great respectability o! Murdock,! and of their connexions. Mr. Selden in his opening. mony was not taken.) @BAAnon Exicxson 5 —Mr. Van Zandt about, a year ago, stated to this witness, that in any event he thought he would be worth twenty thousand Cross-eramined—He said, at the same time, that his property in New York was mortgaged for sev- eral, he thought, six thousand; said what his store in New York was encumbered for, and what it was worth; he had been offered considerably over $20,000 for it, but it would not fetch so much now, bat would leave him nett $15,000; he had property in Rhode Island. G. W. Prarr had seen a child at So dock’s, supposed to be hers; it has a Mr. Sintey objected to the description of the He had never before seen or heard testi- mony of this kind proposed, perhaps we may have ological bumps. pF desired to preve that, strong and striking degree,the child re Van Zandt; and if it be an establ: children usually resemble their parents, the testi- Pratt is pertinent. its skin were black. Jupce Dayrox.—That wouldjshow it to belong toa different race. Mr, Secpen went inte a disquisition at some length, to show that it has alw: the strong resemblance of a child arent is a strong proof of paternit, ere an accession of a dozen of w' Mr. Siscey said therenever w: be such a case quoted in the books. blance exists at all, it must be to both parents, and notte either—but the best evidence would be the production of the child in court. How could this sort of testimony be sent up to the Supreme Court? ‘The Court thought that various persons on cee- ing a child would have various opinions—and un- less an anthority was shown in the books. would not permit the question. It would bring into court perhaps half the physicians in town. Mr. Seipen said I am prepared to prove that Mr. Van Zandt has a finger crooked, and so as to ve a deformity, that at least one of his acknow edged children has the same finger crooked—and that this child of Miss Murdock’s has the same finger crooked. Mr. Sincey said, and by this rule, if Mr. Van other children have not this crooked finger they are not his ! (Gen. Matthews, Nath. Rochester, and E. Smith were brought forward te ascertain from them whether the paper read by Mr. Van Zandi to his vestry is the same as is now read, purporting to be of that document.] . Smirn said, the paper in court corresponds substantially with the paper I received from Mr. N. Rochester—it is not the same paper. I thought, when Mr. Roberts (testified, that the expression he mentioned, or the substance of it, was in the For example if s been held that sworn.—[Broug! it a young ebild present at the birth of Sophia with her ]—W Murdock’s child; it weighed 8} ponn very strong voice; the child is the one with wit- ness; it was born on the 4th of August last. the boy began to squall in a strong key, aud after one question by Mr. Sibley, it was carried out of resent at Mr. Van Zandt’s louse, when Mrs. James 8. was there, in the latter part of last July; Z, Mrs.G. and self were p gentleman wished to speak with Mr. Van Zandt, who left the room, and utes came back and eaid ome—that Mr. Stringer said, aid, that he could two gentlemen who would come forward if called on, and testify that they had connexion with So- phiathemselves. Miss Evizasetn Atxixson sworn —[Mr. Sel- ed that he proposed to prove by her that ‘an Zandt bad taken such liberties with her, avoid the congregati ahandsome, modest young la- dy,) was one evening at Mr. Van Zandt’s levee; study to get some books; witness other ladies went up; the ‘ophia remained; ™ 8, whe told him to Mrs. Stevens was room, Spring-street the servant c: in fifteen or twent: that good news hi that Mr. Wii that it eansed ner Miss Giixenson, her alone; he also was in "41; thinks it was in I [The reporter was absent is return found Mr. ¥. M. jury for the defence, the case for the prosecution having closed.) Mr. Hatenr, said, that he who truly believes in the doctrines of Christianity, is thereby made a better man—he trusted that the character of his client would not be injured by the fact that he isa ister of the Gospel—and that the tittle-tattle of this community would not be suffered to interfere with the verdict—in the outset they had been told of the fashion even of defendant’s garments, but of that there had been no manner of proof—and much testimony offered has been rejected by the Court as improper and irrelevant—He bade the jury remem- ber that the facts charged against the defendant, no time stated, even the t betold. We icy between the principal aud a young person, from t nancy may have ari: shall show that om one sccason privy together for some time—on the wood-shed together-— we nnection —~- we will sixteenth of Octob ht addressing the except in one case, hi rd expect to show an inti they were in cannot preve a direct show that on Friday thi the day stated by t could have happened ry unimpeachable testimony—a brother clergyman, n asettied minister in aneghboring county He came here on the 16th in the morning, and remai e! with Mr. Van Zandt till dinner ‘ime, di: him, then went to his study, and parted with him at the door of Mrs. Sherman. young gentleman dined with them and then went up to hie study, where he remained till the two ymen came up, when he went away. They id thas show that in the only case in whicha time had been given by the prosecution, the state- ments made were utterly false. Mr. H.) wenld claim, that as they had ad- the fairness of the prosecutor’s character, so the character of the defendant would be beld to have been upright, untarnished and free from blame up to the time when this false charge was made, from which he expected that the jury would give him a speedy offer a brief ontline of Mr. Haig! His style as a speaker i On that day, too, a as we heard it ble, and any thing but tediou: Mise Paatt, cal at this time for the pro: revions agreement,) one evening w ing the evening wit nese’s mother had been p Mrs. Murdock, she thought she would take a walk down toMr. Murdock’s, and reture with her mo- ther. She sawone of the young ladies (Sophia) on the steps, and a person with a segar in his mouth, who passed throagh a returned and spoke to witnes: away. This was Mr. V. Z. 3 coliect that he wore a particular kind of panta- ing pantaloona opening in front. (Mr. Sibley aeked her if such pantaloons were commenly worn; she suid they were. A number of ladies who had attended on subpcnas to Z's indecent conduct, re- , the court having determined that evidence of his misconduct in cases beyond the Prosceutor, aud uncon with that of Sophia Murdock, 1s inadmia- ap in the fence, but and then went Witnes: did not re- Had seen him we to testify ae to Mr. V. le of the family of the Testimony Fon THR Derence. Rey. Taomas 8. Baitran sawora-—Examined bh. Mr. Sisuey.—Calledjon Mr. Van Zandt on the 10: of October, 1840; went over to Coburg; returned on the 16th of that month, by the care from Car- thage at half past ten o’clock. I remained with him till the Saterday following, and snpplied his plage in the pulpit en the Sunday succeeding the 16th; he left home on Satarday to preach in ; L found Mr. Van Zandt at home e took a walk inthe on my return from Canad: 'y aud returned for dinner; we eat sometime in er was not ready, for which Mrs. remained with te. V. exeused herself After dinner w: lure room We remained to; beg ged to be ex me to aceom, jim; I did » and there we parted. " cat is watch and das he had a party to attend at xpected to be present ; he asked ir as the door, It was nhouse three or four doors nerth of St, Paui's Cauich, where Zandt officiated, | them went into Main st , asd i tothe road epposite the North American Hotel, and thence directly to Mr. V Z.’s house and entesed itudy, which l always fi , and re- ed there till summ A totea, which I took ith Mr. Van Zandt’s mother, and remained till he came home. That any. dined with me, Mr. and Mrs. Van Zandt, his mother, Thaddeus and James DeWolf. Inthe morning of that day (Friday) I found James DeWolf at Mr. Van Zandt’s—he had come there during my absence at Coburg. At din: ner, DeWolfand Thaddeus rose from table as soon as Mr. Van Zandt, and when I went into the study I found Mr, DeWolf preparing to leave it. On the following Sunday after I preached here, I preached my first sermon at Palmyra, where | was afterwards settled Mr. Van Zandt was not, to the best of my belief out of my presence from the time we took a walk on Friday morning till we parted at Mra. Sherman’s door; but I will not swearto that; I am positive it was about half past two when we were that day summoned to dinner; when [returned from accompanying Mr. V; t to Mr.s Sherman’s, | found Mr, therand his children; there wa Firemen with their eng sing, and the children at the window that they might see it; as to the day of the month, I have no doubt; it was the 16th; 1am sure, I am not mistaken. Do yo wish me to assignthe cause? Mr. Sibley raplh A ” Witness continued. Thadde: Van Zandt, was atall young man, not very stout, about 18 years of age, and to me he had the ap- pevrance of a worn out reke. Crose examined by Mr. 8. L. Seldon.—A handed to witness and he was asked if that wes hie de. cloration made to——— Tcame by the steemer Gore, and errived at the landing. and immediately took the cars for Roehester on the 16th. On the folio Monday 1 took breakfast, and then the town—into Main street, down to ia cars usually land, and then directly 1 way. I then returned tothe study and read till dinner time, Mrx. Van Zandt, sen. told me she was ofraid Thaddeus would corrupt De. Woll's morale. On that day, De Wolf, Thaddeus, Mrs. VanZandt; senior and junior, and the children were at dinner. Mn. Siney—We will now take Tuesday. _Wirness—I appeel—I cannot really recollect, @n the Friday 1 either dined with him or Mir. Coles that dy. I cannot charge my memory es to what else I did. It was not till ten months afterwards, viz: in August, 184} that my attention was called to the events of the 16th of August. 1840. am sure that Mr- Vanzandt did not leave his study aiter eur walk till dinner—we bad wine st din- ner on that day, and on the other day, the 10th of Oct. and on no other days. One da jomestie, a female came to the dining room door, a told that a young lady wanted to speak to him—Mrs. V, was leaving the dining-room at the moment—he was absent 10 or 15 minutes or more—I stopt at the table with his mother that evening till he came back. Icaunot tell \ hat day this oecurred, but it was one day that week. His mo- ther arked who the young lady was—he told her that she also wanted a book—I do not remember her name.— On that day he went into the study after din —! was there. One day, the 16th, Mrs. V. set & partol a bot. tle of madeira on the table, at Mr. V.’s request— before she went to Mra. Sherma: I connot swear that the young lady did pot call for the et the 16th, but believe not. J related this matter to Mr. Mill—and on another eccasion to Mr. E. Jackson—I think I said nothing about the yeung lady’s call to these gentle- men or to the committce of the church. Ihave passed nights trying to recollect what took place at Mr. Vanzandt’s when I was there. Here Mr. Selden read a letter from this witness to Mr. Vanzandt. dated last Sept., acknowledging past fa- vors, and stating thet he conld fie no data to show that it not on the 16th he (V,) with young lady, and thet in the meoptime this witness's evidence would do defendant no good. When the young lady called, Mc. V. invited her to take part of the desert—she declined, saying ehe had dined and was in a hurry going somewhere. cannot positively say this wasnet the day Mrs. V. said she was going to the society. Couit of Common Pleas. Befcre Judge Ulshoeffer. Jan. 4.— Thomas Coles vs. W. D. Coolidge. —Thi Broo action for slander, the damages ns Davin Guanam, Enq. in opening the case a enscnations with din, it Bosten. Mr. Coles had been unfortunate in business. Mr, Coolidge gave ont that he was a rogue, a cheat, and aswindler, and he could send him to the State Prison. Mr. ‘Coles had be red by the re- marks, and now sought reparatio Mr. Perer V. Tirvou sworn—Kept in bis fa- thar’s store, that of Mr. John D. Tilyou,in Chatham street; some time in January, 1840, Mr. Coolidge and Mr. Coles were in our store; considerable con- versation took place between them; Mr. Coles was ealm, but Mr. Coolidge alittle angry; the lat- ter said, in allusion to some business betweenthem, that it was a swindling transaction—that Mr. Coles was aswindler, and had swindled out of his goods, and he was ubleto prove it, and could send him to the State Prison. Mr. Jonw Gavyon was then ecalled—Kept in Mr. Tilyou’s store, and heard the conversation alluded to by the last witn Mr. Grauam, in further proof of Mr. Coolidge’s sition in regard to Mr. Coles, read the following letter :— Yours of the 8th inst. is recrived, but too late to pre- vent putting my friends in Mew York to more additional trouble on my account. You say if [have aay proposi- tion to make, to do it definitely, and you will answer. I wrote you in my last that, with you, I should have no negotiations. I have no proposition to make to you. lf Mr. Tilyou willundertake to negotiate betweea us, with bim { will confer, I consider him a gentleman, and am willing to try te bring the firat matter in dispute to an amicable arrangement. With regard tothe latter,the next you hear may be “ The State of New York versus Coles & Howe,” or else a requ in from this Stal obtaining goods under false pretences. fooled with much longer. Yours, &. W. D. COOLIDGB. Boston, Feb. 12, 1840. Mr N.B Brent, for defendant, then moved a nonsuit, on the ground that the words complained of were spoken tothe defendant himeelf, and not to third partics, and the letter had been written to thedefendant personally, He contended that no slander, in consequence, had teen proved. The Court, however, overruled the objection, saying that sufficient had been proved to go tc the Jury, Mr. Brust then opened for the defence,and eon- tended that in producing the letter, the counsel for Jaintif! had brought himself within the rules. e had presented charges other than those eon- tained in the declaration, which gave the defence an apportunity of going into justification. This was denied by Mr. Gratiam, who remark- ed that the letter was merely in proof of the de- clavation, and that the counsel must confine his ecific charge. erved that the letter contained erring that the plaintif’ was le to acriminal m, and had been guilty of ning goods under false pretences. So fur (he 1 we liberty to bring justifying proof,bat ‘ond that point. . re. Titvou and Gaynor were again placed -— the stand, but nothing additional was elicit- charges of felony, Samvuer Hows sworn.— Was one of the firm— kept a shoe store at 59 Liberty street, corner of Greens stopped payment ia June er Jaly, 1837; Mr. Coles then took store No. 142 Chatham street, and we removed to it; we owed Mr. Coolidge be- tween $800 and $11.00 for boots and shoes; the laat we received from him was the day befcre or the same day that we pa i payment; the Intl amounted to $300 or $400; on the previous Satur- day witness gave the ordor personally, on board the steamboat, to Mr. Coolidge, aa the Jatter was starting for Boston,and re: sted that the boots and shoos should be sent by Wednesday, ax wo were desirous of mali an order for the south; the failure was unexpected; we had goo 's and pa. per enoagh on hand to pay our de with $20,000 Mr. Coolidge cam ir ‘a shipped his it of shoes, or were about to them: eannot say which: I told Mr, Coolidge that}we were desir: of filling the southern or- der—tha’ if be would leave them with us he should lose nothi that if we were compelied to make an assignment, his debt shou'd be a preferred one We did «ssign, Me. Tilyou (whie (leman, Mr Coles and myself are brothers-in-law) bet the avsignees, but [at first refused to sign it, as pri- vate debts of Mr. Coles were placed in it, while doe faa Sem, Poe ao te Bove batt res, not 60. lowed, when we stopped, woen $90,000 and e000; the dehtfjof Me Coolidge was not plaeed among those of preferred creditors; the preferred debts amounted to between $10,000" and $12,000, the whole of which have x yet been paid; actions were afterwards institeted yy aeane of the creditors against the firm and againet thege- signees, one of which is now in Chancery. The Count charged that the evidence peither et in law the exprersion, or the charges con- ned in the letter. The plaintiff was, therefore, entitled to dam: A aealed verdict will be brought in thie fore~