, 1860-11-21

Gnce on the Avenue, q little below the house
south Of the house-I don't recollect SEEING
the house aud then come in after III. Burch
had gone out |; it was fve or SIX months az
ter / commenced living with Mr. Burch
before I knew Mr. Stuart personally;
think he had called before, but ! did mot
know him; think 1t was when Mr.. Bufch
thsnk III. Stuart called more when Mr.. Bnrcll
,Eas absent from home than when at home;
when took the baby down to the library at
Mrs. Rurch's request the curtains were drawn
and the room WIS dark with theEc down; l
don't know whether 1t was usual to hare the
curtains OF that room down In the daytime
when people were in the room my employ
Hent ut that time WAS nnrse: think 1t T1s in
the summer or fall Of 1857 that I saw Mr.
Stuart aud Mrs. Burch 60 out to the grapery,
and when saw them standing By the window
in the drawing. room together and say Nr. Stu
art in the act Of kissing Mrs; Dnzch they
were standing at the side door which went out
on The piazza, when saw Stuart In the act Of
kissing Ars. Hurch; Mr.. Stuart called while
Mr. Burch, MIS-. Thomas Burch and Miss Fan
ny Burch went to Burlington last fall; 1t was
the time Miss Lizzie came down stairs aud in
qultcd for her aunt; be was there two fore
Moons while Nr. Burch was gone to Burliuy
ton; recollect another occasion when Mr.
; Stuart called ut the house Of Mr.. Burch: I re-
member on one occasion he cn1led; the ladies
and Mrs. Burch were in the library with 3fr:
Stuart; there called another young gentleman
BY the name Of 3lr. Hubbard; showed him
into the parlori the two young ladies' went
in the library with Mr.. Stnart, and Ind
the library door shut; she said she didn't want
To see that young gentleman; she had It shut
then; after the young ladies' went out she
called me to bring Mr. stuart's Int out Of the
vestibnle into the Library, and to bring her
r1%H sho$ $|.n&. ~, ftrr3
the library window, and said would shut
the parlor door so They wouldn't sec her, and
she could 60 through the front door; she said
no, Sue would 20 through the window: MF.
Stuart and Mrs. Burch went out through the
window. and shut the window after they had
zion. think tllfa Wis IN the fall OF 1853; It
was in the evening 1t might be past : or
O'Clock; further rcco!lect after these long
visits Mrs. Burch coming up stairs, her face
was rcd, looked flushed, SO much SO that no.
ticed IT.; recollect Of him being there another
afternoon and stayed that afternoon; they
went up stairs together and suppose, they
went into the tower" they didn't remain
long up stairs; nobody else went up stairs
with them; recollect Of more than one occar
sion after his long visits that Mrs, Burch upon
coming up stairs looked flushed de-; rcferto
the visits OF Mr.. Stuart between him and Mrs.
Burch; have been in hearing Of Stuart and
on the stairs; they were In the parlor
aud the parlor door WAS open n little; I
heard Mrs. Burch saying, II am tired" oh
DON'T" or something to that effect;
went away; didn't like to stay listening;
went down stairs; Thought It was not right
to listen; l didn't hear anything further;
hare seen them standing aud talking close to-
gcther, and sitting together, when her brother
was dead; J; I saw them standing cloHc together,
so that excited my notice in the dining room;
she stood with her back against the safe and
he stood opposite 70 her; they were close TO-
brother; couldn't tel how close; they were
alone; recollcct about the time she went
awuy, on the 18th OF January last ; Of her COM
ing in the nursery on Tuesday morning
she said "Oh, Margaret, l must 60
away" She said she'd been 4 naughty woman
and Mt. Bnreh could lixe no longer with
her; she told nc what to do for the
children and to promise her to stay with them; !;
she felt badly wlen saw her, and said !" she
had better 60 way, 80 to have that man pun
ished;" she wished they would kill him, hang
hin, or shoot him; she said that but three
gentlemen Euew It, and for nc not to speak Of
gentleman it the nalE 'satn.' He ought <s be
driven ont OF the city; I rccoliect her telling
me that he WIS a very bad man ard TINT there.
| were not many ladies' he could not overcome
remember On Wednesday morning the Last
day she was here, Mr.. Burch had his breakfast
! stairs on Wednesday morning her breakfast
came up; she said she would have
! none; she asked again who sent
sent It; the answer was "3lr Burc1,;" she
| took her breakfast and ate It and sent for
| more; she told me to be kind to her children
| and take care Of Mr. Burch's draws; never
had heard her speak ouly affectlonatcly Of afr.
| Burch, was very affectionatc mother to her
children; she said she hoped she would SCENE
| the next summer {that's thissummcr); 1don't
| reco!lcct anything more; don't rccollcct Of
her saying anything about her husband $ treat
| ment of her more than that once when she
merely said that ME. Burch could live no long
CT with her; when she spoke Of "that man"
| whom she wished they would kill or hang, she
| mentioned no name, but I meant Stuart
and thought she did; she was talking about
her going away; thought it was Stuart she
meant, because saw Stuart coming there :;
Mr.. Burch's treatment Of his wife, while WAS
| living in his family, was good; remember at
the time Mrs. Thos. Burch and Fanny went to
Burlington Of Mrs. Burch sending note from
| tue ltousc By man living at Mr. Burch's
1t was sent before breakfast; WINS aftcr Mr.,
Bnrrh left 1 was coming down stairs; saw the
coacllnlan In the hall, and Mrs.; BuIch came
out Of the library IN the back hall and gave the
t boy note. think Stuart came that morning:
don't know to whom the 1ctt'r was sent;
do not know Of my letters being sent BY Mrs.
Bnrch to Stuart, or received by her from him.
After the re.,dIng ofthis deposition Of Mar:
garet O'Hara, The counsel for the defence Of
fcretl to introduce Margaret O'Hara in person,
| aud cross examine her-no cross intesrogato-
RIGS having been taken at the time Of the tax.
ing Of tho deposition, and the right to take
them at any time having been reserved.
Discussion upon this question, engaged
II BY Aes95s; .9';,. BecK1xith, so Browning, Ing,
! .{..r$ Fn~ $1n
attention Of the Court. 1t was contended that
while the witness might be introduced by the
Defense, they must Introduce in chief, giving
to tho complainant the privilege Of the cross
examination The question being . novel one
the Court took the same under advfscment till
tomorrow morning.
THE DEPOSITION OF MRS. BETsET I1TxEY,
was then read by Mr.. Miller. Ny name is Bet
sey PItney; am over Is ycars Of age; reside
at Chicago know tho parties to the suit; have
known them many years l called ut the house
Of Mr., BurcA Tor d book, a year ago las1
winter; the servant said that Mrs was engaged
Of which thought nothing, as it was usual fos
her to reply SO. sent word it was . book
she had promised me; IecctTcd it nex'
morning. Mr. 3fi1lcr then read tht
DEPOSITION OF uoxon,A cooK.
Ny name Is Honoria Cook; my age is &
years; anu waiting maid; reside in Chi
cago, nt Mr.. Burcll'e, the complainant's;
commenced living at Mr. Burch's about ths
23th Of January, 1855; was there two year,
list June; ! have been in three capacitie.
there, the t1rst WAS laundress, next as nurse
and lastly Us waiting maid; think I va:
lauudrcss from the time came there til
april or May, 1855, and then became
nurse, and continued SO l. can't say how
long; think it was till Mrs. Burch went cas-
in May or June. 1859, aud then I beca1n.
waiting maid, and hare since continued wait
ing-maid to the present time; blEs. Burch &c
mained away when she was East until Septem
her of that year; am acquainted with Davit
Stuart; know Of his visiting ut the house Q
Mr. Burch; can't recollect exactly when
first eaw him there, but It WAS soon after Mrs
B. came from the East in 1889; when Mr. Stn
art first commenced coming there did no
know him; he wns stranger to me; re
member his calling there one evening Whe1
lor alone; there was call came to the doc
aud went to answer 1t, and Mrs. g., Us vii
4 passing the hall going to the door, came to tn
par1or door and told me to say that she wasu'
in,. went then to the door and open
, cd 1t, and told the person saw ther
Mrs 3. was not in !; don't recollect whethe
7 | It was Mr. Burch or Mrs. Burch inquired for
after llad shut the door Mrs. B. came Int,
. the vestibule aud took his cloak (Ar. Stna1t'a
. | them On The radiator; that wns all had see,
. ut that time; cannot exactly say whether
/ was that evening that I saw Mrs D. in be
| bed room after he went away and saw he
: look very much excited. The rest that IT
; | member of seeing him there was in the mor1
| fpr: Mrs. Durch came to me In the dinIn
room, she appeared to me as II she was es
pecting somebody; abe came to me IN tn
: dining room and told me to 60 MP stairs NJ