, 1860-12-14
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nen do not serve. II you have resolved that
tm5 testimony shall not convict this woman,
argument Is useless. If your minds are open
to conviction, these letters must work convic-
non without my argument from me. And I
nave zone little more than present them In
their order, and show the circumstances under
which they were written They arc stronger
than All argument; the language in Y hich they
ere couched referring constantly to events that
have passed. aud connecting these letters nat
| nnHy with her previous Confessions telling
LIN. Fa1nam that she felt better since she ha3
confessed, referring to the confession she had
made; telling Nr. Valentine that she had long
! been upon the very point of confessing, and
deferred only from the fear Of being separuted
from her children; speaking to another Wit
ness IN the same manner; writing these letters
alteswafos, and referring to that confession
| any argument:
Whst azs the objections that arc alleged 10
these confeseiopsy One Of then, Is that tbev
were made under the influence Of physical
lear Another is that they were made under
promise that she should be allowed to re.
main at MI. Burch's until Sr Corning arrived,
Nowt the desire Of remaining at hume until
1lr. Corning arrived certainly could have no
effect after she did leave home; could have no
effect aftcr she knew she wns to leave home
before his arrival Margaret O'lIara saya, and
all the witnesses Fay, that on Tuesday she
the ncxt day.. Il she had been induced to
make this confession on the false promise that
slc should remain here until her uncle Corn
inS arrived; If that had been the means BY
which her confession had been procured; II that
had been the reason OF her confession. when
size knew she was going to leave before le ar
rived, she would certainly have recanted her
confession, or at least not have repeated it,
Eut you find her late at night repeating it 10
Mr. Valentine; you find her on Wednesday,
when shs was prerarir-. to 60, repeating it to
Fannie isurch; and yoa find her, after she haLl
gone on her way, and for ten days after her
arrival In Albany, repeating the same thing in
lier letters Nov, the influences which they
allc5c as having produced the confessions are
not competent to produce them. is il not
silly to pretend that for the mere privilege Of
staying till III, Corning came, shc should be
q. all: u 1t not Idle, in the frat place, to al
lsge that! And is it not idle to altegc that
tlle same influence operated to make her re-
peat the confessions after she knew she WAS to
go, md after she had gone.
And so far as the argument in regar,l to
physical force Is concerned, 1t can hate no
earthly reference In any way to any but one
confession. She could not lave been under
any such Influence of force when she signed
the LAST confession in the presence Of Mr. VAL
entine and Fannie Burch. And certainly 10
ialucnce Of fear could have operated upon her
house, and the subsequent written confessions
by letter. Then what follovss Why, that the
influences which they say produced these let
tiers could not possibly have produced them;
because they were written after these intiucn-
c.s had ceased, when she had become totally
disconnected, aud out from under these in
lucnces. And nov, if these confessions were
voluntarily made, ask You, what follows:
: m there be my doubt uf her guilt! Now,
what the law is, both in this country and Eng
land, has been shown TO You. It is that con
ftssion voluntarily made is as etfectual to con-
vlct in this as in any other case: 1t Is only
where 1t Ii made from collusion that the Court
rejects it. M such argument can be alleged
in this case.
have a few words to say In regard TO the other
evidence In this case. l eha1I be brief in my re-
marks upon that subject. In the discussion oi cir
thrvrghly over II, and but Tor one circuu,stauce,
should not refer to 1t all. have desire to re-
l,sEass what has been said before; for hare ob.
who haFe addressed you, and have no apprehcn-
sion oi your forgetting anything that rrlxtts any
portion Of this case that Is ut all MATERIAL aud
llready been said. shatl trust to yowr recuiIer:-
ion. to your candor. and your desire to investigate
ts case By the aid "f ali the lights that have Gven
furnished YOU. and in connecting these circum-
stances beg soulo recollect that ills ptcnllltity
OF ctrcumstantial evidence that when yuu tisreyer
line circumstances. as counsel for the defence here
Take my case OF cfrcual-tantial evidence Take
for instance the case OF man who Il accused Of
murder upon circumstaatial evidence. They prove
asnnst him. for instance, that there was quarrel
hetwcen him and the deceased; that BE- had uttered
threats against the deceased; that he had made
pEs?ara1tion sush a. estsininS some weapon u
seen sn-rlciouslr near the vicinity where the act
WA cnmmitted, or where the body was found;
they will prove that subsequently, to the death *
der, In short. lcd hastily and changed his name or
did rome other act indicating. that he was operated
upon BY sense Of guilt and the impulse Of fear:
thcy make . strong case; Separate these cIrcrm-
=saaces take any one Of them a!onc md It amounts
TO nothing at all. lnstead Of chain u evidence
mere neAninsIc~1. i.olated incident, having no
tendency Or sisnidcacny whatever and 20 it IL al.
wass with citcumstantial evidence. Now ask
there i any reason IN rounsc! standing here before
yon aud saying. Why, Mr. Stuart called there on
ash nh ,a 2na at tSeh an nr 9d s5a brief
t!en,en OF the jury: does that amount to anything
il there any guilt In that. Cannot a married
man spend PEN an hour innoccntlyy with another
.ision that you will Assume that because there
Was IN opportunity Tor wrong therefore that there
~as wrong: And then The counsel turns around
aud charges us with having asserted before you,
that II man and woman. not married 10 each
.;heE could be shown to he IN any degree attached
to each other and fond Of zach others society and
then prove the opportunity you must thcn infer
adultery. We ncrcr asked you to Infer uny spch
thing We simply read to yuu rule of Law. and
the couneel On tho other side faid that Mr. Burch
Lad hunted il up before he obtained this confes-
si.'n, and before he knew the circumstances from
which he could nsannflrturc thl- evidence; and
then that he made this case to 1T that rule
counsel thought the .rulc Cited this casr,
IA II; the rule. II the rule pcr,inrut to The
facts. Of courfe tt.ey would ft II. How probable
that reasoning is win not stop 10 di+cnss. But
rule o M wi nh tie Sest ruie hs n
tue world. NJ man walks so sure III b. who walka
b. the light Anl guidAncc Of good old.f4-hioned
We do in.ist here and We shall instst and we have
no doubt with the most entire success before yuu,
that II = man: and married man especially. seek
beyond the limit Of ordinary rivf1itv and ordinary
friendship. continually seeks her st,cicty alone II
II appear from their conduct that there 4 passion
u attachment between Them. it become. su.pi.
tiuut. \ patrional attachment: ron understand
the difference between that and ordinary friend
ship. Mere iend.hip1s one thing, You have nm
louhtedly among your neishhors many man that,
from apprcciatinc the good qualities 0f ruur wife,
cntcrtains toward her -ine@rc friendship and re-
gard But how will be- manifesto 1t: The Sign. and
anhouorab]e, high. minded and chIvairous faend.
ship between man and woman. no matter that
ttey may not be married. Is as harmless 4. friend
ship between man and man. No man can be de-
ceived to the ch1ractcrftics Of such sentiment
II man has sincese admiration for your wife for
her good qualities, how will he manifest It! VIII
he sneak Into Jour house In your ab=cnce every
time that after watching your footsteps he dnds
ynu are gone: Wll he 60 there and ret that wife
In room alone, and set there hour after hour e1-
GLIDING all other Persons from the room in
short, hy the mode in which he seeks her society
by the mode In Which be enjoys that foeiety, ms1,-
Ifs, the fact that BE- fears your presence and mine
This was the kind Of intimacy that referred 10
when spoke OF tutimncic. Indicating rasslonal.
Sai!ty attachment. The signs. and symptoms. and
indications of that passion are juss mani:ett a.
tho indications of the other II h1re an ioao:u-
be attachment to my friends wife, II admire her
tor her intelligence. or her virtues. or her good
stead of bcln, offended be wifi feel himself BATTERED
II he has any opinion of my Judgment II 70 there
openly and boldly. In broad daylight. meet her in
his presence and In the presence of others, may
any suspicion. Bat the moment that the thing a.
.uulcH tat character Of secrecy. the moment that
Instead O! meeting her openly and BY daylight. l
seek opportunities of the absence Of her husband
the moment that proceed little By little 10 take
thosc indecent GamIaritics mud liberties with her
which indicate the excess Of passiou that mutuen.
the thing instantly changes.
Now. Aek you what was this attachment be.
tween Stuart and Mrs Dusch. The couusel here
admit 1t; they do not deny. they cannot deny In
the face Of all this evidence, that there existed an
improper attachment between Mrs. Hurch and St1.:
ART. They iay be had allured her Affections from
her husband; that understand TO be frankly ad-
mi,ted. But do no, care whether it Is admitted
! or not admissions upon either side will weigh
you any doubt oft, Is it not proved that they
syneEt each others society secsrtlye But need
NOT rehearsc all these circumstances; yon mu-I
view hcr euuducf with Stuart in the light Of her
conduct with Boyd and also In the light Of her
confessions. They say we have, proved but
| of the 3utfuaary with Eoyds Ther xav II xhe had