, 1860-12-11

will always follow the execution of such a
law. They must Of necessity follow. Aud
these scenes will not he contiued to the house
holds Of the rich. On tho contrary,
II poor man felt himself compelled to
put away his wife, tho sorrow and suffering
would bs much greater: fo1 then, in addition
to the I,riratiou Of the society o! husband and
children, tho poor wife, whose Enit has thus
banishcd her. must go forth and seek support
b. the foeblc efforts Of her own inefficient
hands. Poverty is added TO the Other ills. It
Is in the case Of the poor that the greatest
suffering aud the most dcplorable consequence
must follow. But poor or rich. you eau never
sundcr tlls tic without expecting, and sea!iz-
iri-, too, scenes Of the utmost nnguish. You
cannot ecver connection which las become
habltual to tho human heart. which has grown
with ia growth aud strengthened with lis
strength, without inaicting thc keenest panrs
even upon the party who seeks thcsepac,tIon,
AID the children in every instence-no case
can he supposed where these consequences
would nnl occur The question arises, viii
YOU Oh this accoGn. refuse tp enforce l1e Law?
VIII you for these rcasons nnnul the stat utes
admit that you must wait until the offence
Is proved. And In this case beg Of you not
to act hastily. have no interest In this case,
further than the performance Of ,ny duty. l
b;seeeh yuu, III behalf Of this woman, TO p1nse
sna reflect we'll, to wait until your minds are
satisfied, fully Statistical, hsiurc yea pronounce
verdict here fatal 10 her reputation. I :sk
n, verde: !! your Eards, unless tho case lie
CHAR. Bat il it be, II the proof here does
satisfy you, upoa full reflection Of ite truth of
TITS charge, does it consist with your duty a.
ci.t-cns, with your oaths Is jurors, with yorr
reputation rs McEnbcrs OF society, to ailoy,
prejudice or partially, or the show Of power
hTrc, either to coa1 or TO drive you from the
execution af that law Which gnu are sworn to
support: This case will bcrcyiewcd, not here
III the heated moment Of debate, not under
nj NJ md
sl.ccchcs, NO. In 9 little Nook aud corner
wherein certain influences and heated public
s.utii1len: has ono xay nr Tue other betn a-:i-
GciallF created, no; where the powerful intu-
cacc Of r;oaeycd 1nonoiulics las rucceeded In
manufacturing public opinion but through
OFT the lcngth and breadth Of the whole laiid,
tl'is evidence In Ill its m;nutr vii! be care
fully weighed and deliberately considered by
the intelligence Of whole people. YOU, gen
t.eu1en, will consider it aud recall it Ion. sitter
ills trial shall b: c1dcd. And you mu.t pass
such . verdict here rs will s'e Justified by y,ar
nature dc.io~ri,ion. This Trial Will bc IN
e...oc!s IL your 'iIes, wLic!, ynu can never r..
Gil without emotion. Aud you must pass
st.cil y.rdict Ec:c IS viii tn moi only Tor To-
lsy, but for ever. Yo. 1lust jc=iir: yourselves
in tnas sn.eu.A record whiyh Is lsent III this
Court; anu you must justify yourselves bclure
La forum o1 that cu:;5c.cucc VI which yteu
c.:n never rid yourselves, acl EhicA viii r;-
b.sid ynu iu the hnEr o! vour death, II hrrc,
| il, a case like this, yoa allow aay thcr !ao.
tive to i.tllcnce You lLan those ii Justice aaa
truth
1t WAS ratnzal that IN case like This your
s::ia?a4.ez should tc appealed to. It WAS mt
usal iha. The conduct Of Air. Burch slsou!l Lc
c.rt!u..r criticised. II WAS cxcccdiurlv rat IL
r4l a1d necessary. II was i3e:i:atle that any
a.4 ei his, in Any part o.: IL :hcsc proceedings,
which would bear color uf wro.ss, s:,oull hc
| presented to you in al possible asi,ccts. Ac9
h1E hr.n II1ost frif inns
, two counsel who lave argued this case in h.
lsltes l.sc defendant have devoted their a,tcs-
1ivn to scarcely anything else. The actual tie
| fause attempted TO b. sot up here was reserved
| for the last counsel /. is singular, WIEN You
| come to observe II, taa. the irst two couusr!
who addressed you stated NC .aco.y Of defense
| in this case They did this: they look LIP tho
| testimony Of Miss Fannie B.gch, Tor example,
| They s1ld she was pert that .he was the re!a-
1irc OF NE. Bnrch; they said shc Was hca7tle;s;;
that Ei.c .7ss careful to remember facts hostile
tn the interests OF the defendant But they
| tell YOU In TIC same breath tia: they Go not
| wish ytu to understand tha: she WAS per-
| jared witncts-merlly that she was partial
they take up the testimony Of A1trcArc:
| OHara; they tell you THAT Mr.. Burch. after the
/ eycuts nf the 10th and 18th of January, at ',:*
Aause. ,ia4ins himself uuier :lc necessity Of
this Ic!rn liant, OF having resolved to
do so, sought to poison aud prejudice
tho 1n:cd Of tho witness Against tcr
Ei;stre-s, aad to iaaucs her to testify
strongly for himself An:, they scy that h':s
tes.i1Inny, taken before MI. De\yo!f in Chica.
20, dili:r, i widely from her testimony give.
n.rc. Ila1 they admit 6: LIST. thar aIa-
i .aIe: here is truthful witness, sEI ,l!s!
har Statement here Is I2sery:n, o. tal csca;;::.
and so, throughout The testimony nsl:TcG iE
Us 10 p:ovc sAv circnc1stanc-s ir LIS ca.sc, sos
distinguish between the circun.t1uces nay
| ! lAc n ha
Ihc !@c Is coln,s0avl Of two parts: one The
t,o:zotors.iaG circumstances Of intimacy; tLc
Other ot letters aul confessions. They tiki
u, several corrohorailny circumstances, and
| show you that WITNESSES disagree about theil
| dates: that ihcs2 are DISCREPANCIES. mud thai
/ s.,tnc of these circumstances are 1yeE-statcd b.
tiIe witnesses; aud that lu the testimony u
| the w:tuce see, they heaE 1Afae md Injurious
color a5a;ast the 2cgv:.1aat Tiley telE .ou
most cNrhatieal'v aud most especially Thai
Mr.. Ba!ch, upon discovering this o!!.acc, 1!,cr
the confession Of his wife ol this o4tace, ac!tt
barshly anl cruelty, most eraelly. They Ill
Won lAat la is bad ulau: they tell you th:t
| ic Is Naire-, lAat his conduH! shows that IL
thought n,o7c Vi money than be did OF consi'.
eratIul.s which, to tho hear: aud feelings Of q.
honorable man, stand much Ei.GcT. And the,
| labor TO prove things 10 you. Bat i thes'
things werc all true, .sha; then? Let Nj
! DurCh be i bad nan md parent If you choose
!. let Eisn bt miscr, ii you will; let onc-hnli
two-thlrds even, Of these circumstances l.
falsc, he mis- stated, yet ii these fSa. confe:
: does i. avail anything for lie purpose OF III:
tlclrnccs Now, ask you, lid either OF III
first two counsel tas7 MY position in rciercnc
: to thrsr confessions? DID they tell you. .
| tuc las. counsel has, that Mr. Hurc!. menufat
D turcI .heu, al: They undertake t. argae thu
:ac 1irst confession !'y 1ta:ea!eainy his Wilt
: Eut what l!I they ,c:l you about tuc subs
: | cuept confession, written in Mr.. Uurch
. aAssacc. Wtaa1 did tho: tell you abor
: tacsc :e:5.i confessions which were made I
r Mr. Farnayn, aud Miss Fannie Buzch, 40
/ Mr, Valentine? What did they tell you ahor
:. ;hesc letters? Did they give snn any explain
( lion Of these, which as Ttas enable aud sca>is,
. | u,ea rou can takes Nay. did they offer =,
i Kind OF explanation Of these things: Ths
e carpcl at them, they picked at them. tlt
r questioned them here, sley suspected the
Y went to support these circumstances. B.
i did they grapple with these confessions. n
C rive you aay theory to explain tAeI1e q
e they show Why 1t was that this innocent "
Al maa, m or having made an express con{essis
r. OF adultery In Tie presence OF frun persons
re Chicago, and then afler returning to Alhsn
=, as well Gs on her way 10 Albany, she shnn
t. wr;,e lcttc1: in which the same th.ns Is
,c | fnliy expr,ssed. Did The tiftt two rouns
n, explain thI. to you? The last one has!
T. for the tirkt time has grappcd with the sahse'
+. and taken q definite position IN reference to
Of lie tells YOU, in Ehort. whats Why. 1:a; the
cs | confessions were fabricated hy Nj. Bureh .
st forced upcn the defendant; all Of then. .lo
1e the wri,tcn confessions and the verbal &C
Ill fcssious, fer he mist coTcr all or else It is
cy 10 use 10 cover any. Ono confession, il Y
h unfairly made, is as good as 4 thnns1ad. A
IN his position Is plainly that AIT. Burch faa7;
4; ted thesc confession s and forced them up
hr an unwilling victim, md compelled her
.ir make and sign them ; nrd 'h1t the 1ettcrs Ct
#. scsucctty written from Albany and from
r. ! East, arr entirely meaningless, that they h7
ID, no reference to the confessions she hiss 1n7
10 ! and the crime she has confessed, that they
!. mere letters Of general contrstion and rcpe
Of aucc for those human trailtiee and sins viii
IL. | We nil commit The counsel has at least
NJ merit Of having taken al issue nul prc-cn1
it,. it to yo1, fJr the tiTtt TING in the course
IN this trial, aud fnr The first time sIace the &C
rneuccaaent Of this suit, now nearly VI
ls, Tn 10 yesterday we hare bern prcsented "
&C. nj issue wh.tcver. When this bill was I'll
RI ar answer T.s subsequently, 1ut in. Ard
re. viii anasc you when I come 10 notice Il
OF answer In sonc Of its particulars. it =
I'm amusc you In spite ostac seriousness Of
Al- csc. 13u: now 1t last we have an Issue: 4
'ou | ono, plain enc, aad one which propose
in. try, for it Is tic issue in this Case The 90
eel | sci felt, indeed, with the intellect whi1h
for possesses, With the power OF logic which 1e
Dur him In spite Of hlmarlf to rr1pplc any su,
spy the last counsel felt that be could m: II
lvh woald dodge the question. He met 1t II
rliy fully, ihc oaly issue that can be raised In
'ilh case. He fet L to be tho enly Issue: IN |
ow. u1aa Of sense, no mal With an ounce OF hza
1t BIT what mus. sec at glance taa1:: that Is
bat T.,