, 1860-11-22

went ont moment AFTER leaving them there !;
TO arrange my lair;1 went probably half VII:
into the room aud remained there two cr
thrcc moments, long enough to soy a fer
words to frs. Burch aaI Alr. Stuart do,,:;
remember now what Eas said; did not a.
range my hair ut thnt time; I then went DON II
stairs to tic parlor; otscrTcd them as ELI
tered the bedroom; hc w2s merely sitting be-
side her, and sho was sewing upon her drcss
which she had torn; she was sitting down 1t
wns about half past nine; she had been only
in the parlor, and in Ianc1ng had torn ltr
dress; think she left the par1or only for tie
purpose Of mcnd1ng her dress, and do nut
think that any remark wcs made upon tie
torn BY being caught upon the fender Of tnc
crate while dancing; ! saw her when she left
The room; 1t WIS not ten minutes before
went up stairt when she left the paylora .r.
Stuart vas In tie parlor5 also; I did not OBJ
serve when he left It; Mrs. Burch returned to
the parlors after saw her Up stairs; saw her
as sic did SO; It was about fifteen minutes after
had seen them together up stairs; David Stu
art also returned to the parlors after saw
linn up stairs; I saW him when he
returned, about twenty minutes alter / had
seen them 60 ur stairs The parlor is on the
first floor, aud there ism entrance from tlie
hall, and m entrance to The back parlor which
IRON The dining room directly into tEa fr1t par
lor. Tic second entrance communicates with
tho hall Both Mrs. Eu1ch and Mr.. Stuart re-
turned to the par.or BY the hail entrance, Du-
ricg their absence from tho parlors, Mrs stu-
art was down stairs In the front parlor. Have
too:- place. It tpnk place in tic beginning Of
the winter Of 1859, either IN Dec 1859, or Jan.
1t60. The bedroom to which refer was the
room directly above the first parIoT.
c'uss Eranindtion.-1d do not know who ac-
companied Mrs. Burch and her neiccs to the
party that evening; I did not sec them when
they arrived; came after they did; 3fr. Burch
was not there; do not know who accomI;a-
MED them home Ny husband was with NC
on that evening; It is usual for husbands to &C:
company their wives upon such occasions; I
was in the parlor with AIRS. Burch at the time
she tore her dress. and saw lcT tcarft; 1t Is not
unusual for ladies to tear their dresses while
dancing; it is not unusuRl for them to retire
from the dancing room altc: having torn them.
believe it is nearly always done It is not I'LL
usual for Lady to fix or mend her dress ca
such occasions SO as 10 enable her to continue
her participation In the entertainments Of the
evening. Eayc torn my dress at parties :nd
generally went up stairs to mend II; ! believe
that evening all the ladies took offtheir things
in the hall; thcre generally is upon such occa-
room ior the ladies' to arrange their
hair aud dress OF toilet dining the evenings
and presume there was here, b1t there were
50 few Of Us that VIC took our things oil in the
hall aud went Immediately into the par!or;
went into the bed room up stairs to arrange
my hair because did not know where else to
60; 1t was not an unusual or improper place
for nc to 20 for that purpose; I should prob
ably have gone to that same room to mend MY
dEcss If ha1 torn 1t; the dress Mrs. Iarch
had on was rather thick, black dress her
dress was on while she was ncndiug it.; it
WAS torn In the skirt; when saw her she was
sitting in chair; did not see her do any
thing improper or in1nodest while she wns
mendipg her dress; when she left the parloT
to go up stalrs Tor The purpose she left by the
hall door and returned tic same way; Mr..
Stuart returned By the satne door; all Of us
Lad gone out Of that door during the evening
aud returned the sar1lc way; when Mrs. EurcA
wls In the parlor playing on tho piano; NE
ililler first spoke to INC about coming here to
testify about the bcginnin. Of last mouth: !
don't knoT how be caElc to know what
would testify to; did not see anything i'm
proper on the part Of Mr. Stuart while Mrs.
Burcl Has mcnding her dress; did not leayc
the room on account Of anything improper l
item OH the other side Of tho room !; the nurse
WIS grown person.
Dirtc& Examination 7esxased.-M1s. Stuart
was playing on the piano for others to dasce-
When Mr. 1fi1icr spoke to uc about coming
here to testify hc asked me about the time OF
the party, about Mrs. Durcil's tearing her
dress, and about Atr. Stuart being in the room
with her; he said hc would like to have nc
come here and tell all know about it; no
other persons werc iu the room with Mrs.
Rurch and 2fr. Stuart except those have mem
toned
TESTIMONY OF CHARLES Tu1ELCKE.
CHARLES THIELcKE was introduced Is r. 1t.
ness for tue complainant, BY 3lr. Van AEMAS.
live In Chicago; Lave dime 50 for ten years;
am book-kcepcr at Maitland & Scranton's
produce and commission house; know the
/ parties tu this suit, and h1yc probably known
them five or si1 years; l rccollcct party at
| which was present, ut Geo. Rumsey's, living
| Oh the North Side, some live OF six years ago;
| it was masquerade party; Mrs. Durch was
there; David Stuart was there also most worg
| masks; Mrs. Durch nor Stuart were not mask.
cd; saw them together in the library during
| the evening, cannot tell the time; nc one
! was there but these two; they were there In
| the vicinity Ut 1a1f an hour; the rest OF Tie
| company were In different rooms they were
| conyessiug, and Was standing In the vicinity
| Of the door; 1couli not hear them, bu. saw
the motion Of their lips; thcy. were standing
| opposite each other, pretty close, as close as
ncr would bc hard to describe, but 1t was rath'
cr familiar; they seemed in close conycrsa'
ton; their manner WIS pleased; I judged
| from their pleased expression; they were eyi'
| IDENTIFY talking low, but wero not whispering
I don't remember their touching ench other
| as people In earnest conversation will have; ]
I did not see them join together; did not no
| tice whether any body else was there at any
| othcr time; they remained standing; pre-
eunle there were seats in that room.
| Cross e1a.ni.eI By MT. EecksciM.-I am . son
in.law Of Mr. Maitland; l am in the employ ol
| Maitland j. Scranton; 3tr. Maitland keeps an
| nccount with Mr.. Durch; had no idea Of Civ:
Ing testimony till Mr. Burcl wished to see me
Short time after hist ckme up, or this dill
| ticulty arose; 1harc been Introduced to Mrs
Durci, believe; never had my conversation
| with her; cannot tell when or where, or b
] whom was introduced to her; have never
! live years ago Was introduced to her; Whctli
| cr it WAS before or after tha. party can't tell
knew her by sight then; was masked OF
| That occasion at th8t parry; it WRs large
! party; but the house was not crowded; the Ii
bra1y room alluded to was on the LETT side
they wcre standing next to bookcase; dit
! not cxnmine its contents, but think there Wcra
books In it; don't remember whether there
was cabincnt Of minerals in that room; II SO
I might or might not have noticed it; II Int
| seen any specimens l would probably have no
| ticcd them; I saw this occurrence in the hal
before unmasked; l had bad no conversation
with Mrs. Burch before that time in the even
Ing; might have lad conversation with Mrs
Farnam and Mrs. Kurci II they we're masked
could not say whether either Mrs. Burcf o
David Stunr were uun,asked during tue even
ing; Mtcr the masks were taken Off shouls
not have known that my one had been masked
Iprcsurnc the company uumaskcd At the sam
time; ! would not have supposed from Mir
| Burch and Mr. 6tuatt's dress that they had bee
masked; their dress Wis that Of the gcncra
costume at ball; I was standing By the door
probably half m hour; did not notice auF on
standing uear nc; people we're passing aud sc
passing in the hall; the library door was ope
during the whole evening; tic bookcase sa
standing on one side OF the room; can't civ
the dimensions OF The bookcase; they yer
standing near this supposed book. ok.casc:cant te
In what part OF the room It stood or whgthe
the doors were open; could not say ho,
many persons were there; considered it
large ball all the lower portion Of the hons
was open think; the remainder Of the con
and other rooms the hall Tns wide hall
before standing at the door bad been in til
parlors; there was dancing during the CT
ming; did not dance; tho company had a
come; this ball was some years ago; don
remember when don't remember Ehetke
1t was winter or not, or cold weather or warm
l cauic to Napcr'il!e yesterday; llassed La
Office when came in where Mr.. Durch II:
standing; ehaoE hnnds with him; he vi
cordial he always il.
Dirret examination resumed,-I have uey.
been at that house since but to return this pa
ty cali
TESTIMONY OF TIE GARDENER,
CHARLES LAYTON, a witness for complainan
was examined By Dir. Mi1ler.-l reside In Ct
cago and have done SO since May 1856; Ia,
known Alr. Burch since June, 81 heard