, 1860-12-11
THE BURCH DIVORCE CASE !!
The Closing Argument Of John VAN
Ar1nan Esq., FOR Rhe Complainant.
EIGHTEENTH DAY OF THE TRIAL.


GtN1LrME1 OF TIE JrEY: The counsel for
The defence lu this case have INSURED you In
very emphatic terms that they stand here In
defence Of the innocent Now assurances,
me1e sli7nati0us by counsel, can weigh hut
lH:lo. Ono thing you will readily believe:
Either my client is tic most leartlcss and dcs-
pcra:c villain, or Tho mot wrpnGcd and Of
9ycsrpa Hap, that crcr appeared in court Ct
lusticr. He either deserves your war1nest gym
1,ath!es Of yo:E deepest cxccsstlons II, as hc
alleges, his home hus been entered by The &C.
dacer, and his sacred rights n . husband, his
holicss feelings ss parent, invaded and tram
plcd upon, his prospects Of domestic happi-
rees tlshtcd and ruined, then he has suffered
one rf tho deepest wrongs that man Is capable
ossuGcrire or iulicting, And IL he cannot
ask your sympathy. he may nj tagt demand at
your Lands that poor Justice which the Law al
Cords him.
1f,on the other hand, lie has, for tic purpose
Of sucder'nE . connection which had for any
reason become disa.reeahle to him, wicked1v,
deliberately onucocted this terrible accusation
agaiuss his Mic, and fabricated the evidence TO
sS7;ost it, .Nen hc has committed crime for
which huHaA laws provide no adceunte run
i$hn.A!, 1hrn he can Ncrer atone for the
;re-chcs; ana cruelty which hc has practiccd
upon her.
New IL TINS c:se There is deep wzong. Epoa
+hc cna side or tho other there Is per-
jsr:. That admits Of no question. no dis
!ru'c, no cavil, 70 controversy In auch u
C"-s~ III csFo.Io4s sctaic- lHusI not oniy Oe
great private wrong, hc: great public cala.n-
fly. 1:t:ls WON Il be innocent, lud you pro-
ro"ncc her guilty, you infict q wound Which
~ sine can he'd. lf on the other hand she be
guilty. ed yoa pronounce her innocent, you
vii aid vencl. 10 tue thousand shafts tha! for
tve.:e lc.g months hare from all E3dcs bern
h1Ts0d 4. THIS complainant, you will add
weight. frsc:'por1ahlc weight, to tha: noun.
eain ofsotsoT and oppression under which he
has ic-c!e'er. s7osncd mud &c still g7oanirg
Xo1 wilt place in the hands Of bis relcntlcss
:es7 MI: 1'owe5iul onnsesso,s the only weapon
TTi::!c you d, a!l This by an error In your YER
G:c., you viii al the same time give = triumph
to TIC sc.::ccr over his victim. You will send
hin. 1tr;A from this court houzc endorsed with
yoar verdict to new exploits OF the satnc char
1c.e- I"u viii overthrow 1T1lth and virtue,
and establish wrong, error and ta}sehood.
Qu n: SIDE your verdict will be attended
v;.e =. most Important and serious consc-
eueneeS. Epc ultnoagh It has become probable
tia. This family can neyer bc reunited, indeed
qu:,c cer:-;n, that this husband and wife
20 t:a5i5a:lv separated cannot meet any
more nron this Garth, sill the consequences
otyo:r verdict =,e none the less important,
Alioy; lac 10 re:aarlk that the public interests
9rrc.yot in the result Of this suit have DOW
riso. altogether aaorc it results 10 private in.
dividHa!s. .-. -
lis said by onr opponents that they appear
t.. the e3i!drcr In this case Well, Il they mean
:57 1rs. 1a:. tae verdict .hey ask you to render
hLra sill transfer these children to The cnetoy
OF tho mother, they say truly. but If they
mesa ,a,t in rendering that verdict for the
dc:culan: ard TINS dcposinE INC taiher OF tue
cus;oiy Q; those children you thereby confer q
favor OIL them, t.at. gentlemen Of the Jury, is
s c::..t:oa to be- di;c.ssci; t.iat depends
u.,un the conviction ut which yon shall arrive
IN reference to the character of that mothcr
Tut5 cAsc casuo+ 10 tried npcn E!uts; 1t can
L. t..@ nyS4 HSv1rhc t7r1f
be tried, Ii eauoet bs settled, by mere noi:J
dec;ina,i,a, by az; partial view OF q single
circ:r,s.a,tcc It cannot DC tried 1y showing
you tha. Mr. D1rci has in somo respects don't
,yro.g, or tia: some Of the witnesses are par
t.a! arc lez 5csea', or even inlse. 40, gentle
coasiderud, IT,: whole Of il, The mass Of 1t, up
Oh bath s:acs. II must be arranged. prcsc1t
cd. uiccstcd, apl YOU must determine IN TIL
eud tfic vital question in this casc, whcthc
this ma.b Of ryidence presented here by IN
pyo ;ccrriou, is in gcacrll and in substance
luass Of per:nry, concovttd. prepared and pre-
ecp,cA here TO YOU; or whether it is the truth
SuS En,w Very well uaon what ground
staud, know perfectly how rcadiiy ihe SYN
1,st;.ses nf q wholo community spring up ii
:lvor os :hc wife In sny contest with the hus
b:aA. an not ignorant Of the luapatses q
he Aua,.u heat. know it is the first lE1
ral..: Of every generous bosom TO side will
thr W., III against the s:rou;.. It is Al lolora
;,lc chr. c:=ristic O. human 1at1:ro, and M
rhr last m.1ln censcrc It. No f.rai.y can
se2a.l'ea W.. .:oa: tac mol pathetic scenes :,
reotioual case. hut &c ina5t 70 A:cper; y
Ynns. cou.;lcr the 3.cccssstics OF the public
w.mns, consider tho spirit and reason OF til
law. ana thc necessity r, .,ic!. rests upon juror
who arc the only rc;:anc: in this Land for II
ndm:n!s1 ration and enforcement
Now. by the st..utcs Of ttlS Ssa!c. "neneFe
of <t- s.1r:irI 1hc rfAfEi1TG rQn[t1G
IS guilty Of the violation Of Il ID the matter r
CHASTITY. the law gives to the niliof. upon Il.
den ~ lin. it, . divorce, tho elect ol which
to oann1l f0Teser tllat compact, leaslag Inc Pa
they choose; sanictinS upon the Guilty paT1
INC loss ol nls marital righie, including y
custody OF the children, aud, II It be the wii'
The forisiturc OF dover. 10 this ace1satlo
there arc bat two dcscuscs; Il tue VILE Dc =
cused of adultery, she can dcfcnd herself y
deuy!nc ihe fie:, or .hc cau rccriulinatc upo
the husband, apl charge HIN with the came q
H:n.c Tor tighter offences Of the maria.
Iu.v, othcz penalties ere provided. II II
husb.ul is cruz. to the wife, if be abuses nc
ii they ca1.uo1 five together with safety to ~
pc,ccs mil Lcr lappiacss the Law ,provad
t.;t;Icr = temporary or permanent divorce
SEPARATION, still lcav;ng tho bonds OF 1natri,n
NJ ,.n.,:uacl /, a:lL compelling the husband
nIoyil. according 10 Ills nb!lty tof ncs mal
tcuaucc !: the haa5Sud; having suElele
..ca1s, refuse 10 proriae sor 1ae eonsct.se In
su,Vo7s o. Ess wac, 1o3 ll.- " '"i'o 8as 'A''
rru:cjy. ,,..,
<aprc, cxcc2t den:a; OF 1ecrlsnlu.tion. Thai
the la v of your State, pininly written IN
statute. LlulieEs, the violation of the n
r:aru vow In the matter OF chastity W eth
aaiiv, t.,recits all the marital rights: This
say. is tic Law. Can !, gentlemen OF the ja
fur IL. purpose Of indac:ny you to enforce
:na p-,,;,cr case, say r,ore7 Has 1t CONT
this, that j laembc: Of my profession 1n'
ataad rp before AZ Afnsrsan ]nrE ma - =,
Y,tsin law Of thc ilud, before :hcy will const
- o,furec ~ II has been thoa.ht ncccss:
- do it. In certain class OF laws. 1t
heco 2opulasly said hero That the tugit
Slave law could not be enforced nerc IN !
publican Stale; hut, gentlemen, the u
cauc clauccd to be present, when ~
r,,n,hc- Of Jurors, honorable men, toe, "
rv,,ninc1 Us 10 thtir QUALIFICATIONS TO SIT "
fbr iury; aal I shall nerc. forget taeir
pics It taIsAt me 9 Lesson taat aAail
.y,,cn .,uesilouei by the Judge as TO thciE q
49,, t5rcut4: the law: We dctest the
We rc.ard i. Is the greatest Infringement
rl,c dearest rights OF man. Oas conscicn
cud feelings rctcl at it. We "ouianG as.n
Ito he very auata, but IL ~ ;o !. ~ ~" ~ "
execute it." And, gentlemen oi tue 1ury, I
saii also that they wnuil not struggle y
thc;y uaths; they woalu not consider II
oaious law itr the purpose OF executing
bus that according to the 5nst result ni
EVIDENCE before fncm would they lind Il
verdict, I saw that jurF return into Co
and viii, :cars ic their eyes. and with e
eentipl NJ u ,hci7 ltaT;s wrunS IN hnSu
-crds, verdic, that should consign an It
ccu1 man 20 prison. As innocent as you Q
a. I believe: :no.c nne.ift'fious IN tho cy!
Get aud morality, perhaps, than either of
I6aw them render such 4 verdict, aod til
learned thu 6ccp Loyalty Of tho American
sra 10 the laws o! his country. That vi!
What is thls? Gentlemen, rou arc husbs
--o-, .rc !athcrs, yoa kuoT in all their cha
,rt.-ist;cA. yoa understand and A2vc exI
enccd, aut. now fec!. the l'ull forco Of all til,
1at;ors iurosrtd ip this case; yon have cae
.ron home; bv Tous owa 1cesldcs q pat
1ht shall rcycr f1ti TO .clch yon what 4 {
fuI. atTsctioaatc ac4 gItuous wife ls. And
ca1 bv moments rejection, W consu
vou. own hearts, .. oacc understand ana
n. tpslicc OF iujus:lcc OF 1Ais !aH, Whic!
tia yio,ation Of chastity should deprive
1r;Tes o; 1nc r.yhtS and privileges. the D
r,ririIesc,, eAc iryairaoie adyaatases,
fhpy no * tujdy. c@uuol explain 70 you
itis :ast yoa oocsd no: lire Tor one nout
aw,uau who had violated her Ma19lase
Tfyor do not rudcEsi2nc It, cacnet tSs e
toy0a. canno: cxp:a'a TO you why i "
YOU shrink with loa1Alu. aod nosfos aEon =
rnua1 who hls yluls;e1 tac d4ctA9cs o1 cl
~. No mora can explain TO you many
81 the htdGeu mysteries OF tnc hunao y
Il Il fcel:rS Implanted IN Inc bFeaet ol
,rThu: G1l wao cre.tcd him. Implanted
x-4t$ to mi