New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-23
FOURTH PAT


and anorg them Mis- Fanny Burcb, niece of the
complainant.
Tie Bureh family on both sides are all dressed in
deep mourning having recently lost relatives.
On the opening Of the Court the Judge decided that
testimony in the deposition of Mrs. Brown relating
20 the relations existing between Mr. and Mrs. lrch
could be admitted niterating The decision that the only
question before the Jury whether Mrs. Birch IN
the particular instance named in the complaint; had been
uBfaithtul 10 the marriage vow. The Court could not
say what class OF evidence future Developments IN the
might render proper hui ut present he would say
that the testimony referred to IN MIS- Brown cross
exam inaion was irrelevant and must therefore, DO
ruled out.
The Counse then read portion Of the deposition OF
Mrs. Brown, showing when the conversation took
place III which Mrs Burch gave reasons for not gong
In company.
Miss Fanny Burch was then sworn: I am y years
of age; live ut Little Falls; niece OF complain
aut visited Uncle after his marriage ten years ago,
and in 1857 and 1859; in 1857 Mary spaniding' my
cousin, accompanied me; we got there at O'Clock IN
the morning; found Mrs. Birch at home; she met ne
in tie hall and asked Mary if David Stuart had met
us at the ears she said that he had been there until
an hour before first saw Stuart the following Sab
bath; the whole family intended going TO 81. James
Church: Stuart came while we were dressing; Mrs.
Burch went down stairs, and As she passed my door
she told me that Stuart had come went down to the
library Mrs. Burch brought stuart IN ana presenter
him to me; they then walked into the Parlor where
Miss SpaulGing was; went asO Yrs. Bureh SAID she
would not 20 to church. but that Stuart would go and
take care of us Stuart made some excuse, aud we
went with Mr. Turner: Stuart remained IN the house,
TO one else was there but the servants when we re-
turned from church: Mrs. Burch was alone before
Stuart came Mrs. Burch had dressed carefully ana
arranged her hair nicely when returnedi she tod
thai Stuart had gone up town 10 excuse himself IRON
taking tea with Mrs Sherman that evening and would
be back there to tea; Stuart returned aser tea Mr.
Hubbard and Mr.. BOYD called; Mary and went into
the parlor TO see them left Stuart and Mr. Brch Id
the library; Hubbard and Boyd remained TWO hours
when they left returned 10 the library; Mrs. Burch
aud Stuart were gone; Mrs. Burch told me next morn
ing that they had gone ont OF the library WINDOW
which opened on the piazza, TO call on Mrs'
Farpam; this was the ordinary way OF going
ont; she had gone that way because she did
not want TO set Hubbard and Boyd next saw Stuart
st the reception after Nellie Kinzes weddng ON me
following dav Mrs. Burch and Mary went home win
Stuart IN his carriage Mrs Burch tfter"ru Saiu she
thonght Faruam was offended but she had promised to
90 home with Stuart and could not help II; Stuart
stopped 10 a late dinner; that day, AFTER dlnner
PLAYED polkas; Stuart and Mrs. Bureh polkied for
long time after that's they went INTO the nbraryi MRS
liurcl went 10 the door when Stuart left rec0llect
one night goirg to McNickers Theater; left Mrs.
Burch alone in the library; was there when we
returned; she a different wrapper from the one
she had on when we left said that Stuart had been
there but not 10 say ANYTHING about II; said that Mr..
Far1nan had called and been told By the servant
that she had retired; she was sorry the servant
Lad done so, as she would have hked to
have seen liu next saw Stuart and Mrs. Burch To-
pether AZ Mrs VIM II. Browns party; noticed moth
ing in particular between them; they came home TO-
peiher ON one occasion Stuart and Isc Burrill were
sitting up with Turner, unc e went to tae basement
for ice; when | came back, Stuart and Mrs Burch
were standing by the radiator; Mrs. Burch had sheet
Of psuer which she was reading; when enc SAW me-
she threw il hastily Stuart who put Ii IN hls POCKET
she said 10 Ine that Stuart knew that she was IN the
family wav: Mrs. Burch and | went up Town one day,
End were going to the bank; Stuart met us, and
Mrs. Burch concluded not TO go; he accompanied
ms home, and remained an hour; while walk
ing IN the street one day talking scaudai, mrs'
Birch said that Stuart had already broken up TWO or
three families: and the morning after we were ~ the
theater Mrs. Burch Miss Spaulding, and myself were
up stairs talking about Stuart Mrs Burch sad, Love
Mr. Stuart No! Give me my husband be Is the
Lest man in the world" next saw Stuart at bis own
louise: when I was leaving, put on one OF my rub
hers: Mr. Stuart took the other and put II on when
lie got up he said You have not said how DO you DO
to me, >" when he kissed me- several persons were
present; he and David Lyle went home with Mrs.
Burch; LYLE kept talking to Mrs Burch, and stuart
would answer his questions, and say to her, " Damn
TIE fellow, wish he WA away" o., ,
The examination was continued az consderioe
length and embraced confessions made by defendant
10 witness. About the time defendant left home VII
ness sad that Mrs Burch told her that she had con
tossed to Mr.. Birch that Boyd had kissed her. ana pus
ts arm around her waist and that she had t0id MN
Bovd that rbe loved him better than any man In TIE
world she said that she had told Mr.. Burch that she
was only flirting with BOYD, but that ne Would nov
believe this she told that Burch had sild iedriu
that he did not believe that Hattie his child she
then said Fannie, when am gone, plead with nm Tor
me do not ask 70 be his wife, but only 10 be WIN himi
! have sinned against God and oh how nave IN
iured my husband; she then took Hattie on heT zap
and said, /" You are papa and mamas own emld oh'
nobody knows it but God, and that Is enough she
acknowledged on one occasion having male an ap-
pontuent with Stuart 10 meet her at the house Stuart
came finding Burch absent from home tna night,
asked If She would admit him after the Others had re,
tired: she refused he then threw her on sofa and
attempted TO take liberties with her; she resisted. and
10 free herself said she would lei him IN she quo not
DO IL and excused herself TO Stuart by saying she had
laid down and fallen asleep.
Here he Court adjourned ill O'Clock III the after
noon.
Tie direct examination of Fanny BGrch was re-
suroed-After Mrs BUrch told me on Tuesday that
uncle had cone up town 10 see II stuart could nOt De
punished and after uncle returned Mrs. Birch told
me Stuart could not, and said, " Is 1t not too bad
should be crushed TO earth, and he go unpublished
She told ne Stuart had importuned her three mOnlDs
thai be first time she had yielded 70 him was the day
before Mrs. Matthew'S wedding and the last time
tie night they all went TO McNlcSers lheaieri
asked Ter why she had not told uncle; said she
had not dared she told me NJ lie said Stuart conld
90 ON the stand and deny all this she SAID do vou
think any Court would believe d woman could be
80 depfaved Ar to eOnfess, Ii not true We con-
versed about the Sickes affair; she sid It was con-
tenpibe for Sckles to publish bis wltes confession
we talked about Stuart and others; ! asked If she be
Ieved tire scandal about him and Miss Bell Cas-; she
aid sbe didn't know; asked if Stuart had confessed
lie had gone astrav with Bell Cas-; she sand no, 81
course lie wouldn't tell one about the oher mere ma
teen ak about some person seeing Stuart with ME-
s-n about Mrs. Burchs waist; Mrs. Bureh told rue ~
wac alou, thai she had written 10 Stuart al the Time
she slipped into his hand she confessed 10 me on INC
ene TUESDAY that she had occasion sent her nus
srd ont al the room on some frivolous preeXi IN order
II do. f,fAs -la El ali