, 1860-12-04
THE BURCH DIVORCE CASE.
THIRTEENTH DhY OF THE TRIAL, ::
neutrality-suspicious. OF Com
1a}nsteNns,
DrrAGE CIRCUIT COURT, IN CHAN.
CEKY-1SAAC H. DURCH Us. MARY u.
DURCH-Il0N. JESSE o. NORTON Pill
SIDING JUDGE.


lhc Court on Saturday adjourned until i.
n to-day, Judge Norton'a presence being re:
quirad in Nill county, where his term is sch
for this morning lie ,was in his .llace, how
ever, here at the hour Of opening the Court;
ands tlI9 stfia- was resumed from tho point
where ii w:.s left OH Saturday.. The morning
arrivals from Chicago were very numerous,
aa,l tho Court room WAS filled more .dense'y
than OH any previous OCCASION. This will bctlc
case now through the rest Of the trial, inas-
mich as thcrc arc many who dcsizc to hear
til. arguments Of the leading counsel
Allow me here to make two verbal correc-:
tioas Of matters that hnve suffered from trans
mission through the telegraph" In The letter
published IN the Tn1arsE Of Saturday mor1-.
ing latt, the former is male to say, in the lrst
paragraph Of the letter, a Mary is doubtless ut
this time III Albany, with WHOM, or under
"'wllat circumstances, care not, Of course,
"now." The language used was the follow
ing: *' Mary is doubtless ut this lime in Al
'hany, with whom or under what circumstaE-
"ecs l cannot Of cnursc know"
Again, David Stuart in lis testimony isnade
~ cay l4stt tANtE 'NEtCi HslH cElb1AiA&lUu HS~
t~ccu biw audi. lis Wifi Of my moment" y
whereas, his language was "for . moment
Both these arc decidedly distinctions with dif.
frrcnces and this correction il due both. The
proceedings Of yesterday afternoon arc as fol-
lows:
TESTIMONY OF RICHARD HELME-
I2lJ.arA l}sl,uc was sworn as i witness on tI,p-
Tt1F atf fflsts III 11H frS14
Bcckwitl..-I U4as III lhecfnplby Of tite U. S.
Express CofhIluny III 1885, was delivery
clerk oil lrci; i;,hL aud Packages; sne an entry
Of a. hos. lerc; delivered Tho i,oz myself, aul
toeE t1c receipt; it was sig1cdin MY prescncr
! delivered j! ut Mr. 1surcli's house, and got
The receipt II the Bank tho 9Th day OF Fcral-
asy, 1853; this is The regular delivery l,ooE u:
the Office; the entry is iii IL D. Colyin's hand
writing; thu book wns delivered to me in tho
morning, the entry here corresponds with the
iaarl oh tho bux; it wac a common lnckin.
box, marked ]. II. Burc],; tic Sos. markell
here, hc eAnryta are Sl:s613 The r.As-
iht. ttlicT at thu Bank paid the charges; Eot
the charges aid 1he receipt At ,tt:r Bank anil
went 10 the house f!rst before delivered the
package: ,-
tlnct recollection VI getting my money 1T thc
Bank and delivering the box; delivered anot1-.
er hog the same day; INF check, T., is OIL tho
sAook, shnwing tllai delivered 1t; have hut
Il" conversation will any one about this; Sec
in:s it i'll fhe newspaper remembered tho cir
cuusstancr.
TESTIMONY OF II. D. Coly1N.
III. b. 'fsLaE was ssfor1, as = witness f0F tlic
defence, and examined by MIR. Ucckwith:
:. ! am in the employ vf the u +, Exprrfs
Co., and hare the general supervision Of their
business in Chicago, and did i'll 1851; lave
I knowledge from tho books Kept in my office
under my supervision ansl daily inspection,
that box w:rs delivered, which presume to
he the boz mentioned in this delivery book
the entry here il in my handwriting; we keep
what il rallied i'y us iii "iu6ook," cuntainill.
| description III packages received; TN tlia
lA'ok II the entry Of the box received, sih. ri
Fcl'., 1850; have no personal knowledge wl1c1t
the box lcii- New York At tl;rt time ,vc billed
goods from New York 10 DuMkirk, and from
New York and Erie fsuad, otc:lsioned by the
loss o: bridges, fur two or three weeks.
TESTIMONY OF u. F. AVER:
b. F. -4W1, sworn Ills witness for the de-
fence, was cxalniurd bJ atr:. BcckwiIh:
Am ait Atturi!ty-a!-l.aw in Chicago, whercI
| have resided slnue 1857; Aaya been partner
:s,f Stnan ri.:rc tantary, 1856; / tiiucd with
senator douglas aud his wife ut the fremont
House boul tho lniddld of October, 1SHl; BIZ.
Brougllam, Dr. Esan, (siucc dccc.scdl, Mr::
Stuart, and Col, Eastman, then Scsidcpt of
Milwaukee, were there; the dinner was at
O'Clock, left about 5o'clock; think was
one Of the 1irst to ~; l:ave strong impress
SION tia: they couserspi about Fair tl'ci, bt-
I.:, lits1 with WAicsl Or. E..an Lad tenlu e1s-
| rial connection: tie dinner was serted in t.
Northwest corncr pirate lFsrlor, on tho second
| 1.,ur.
| .szt4uu,i,Icd ty .lr. Fan -frman-1 can
tel tic day Of the month, nr the day Of the
Fair; don't rc0lcinasr whether saw Stuart
| before slinilcr was. served Ut nut; think Nc
| Sera all assembled anil went into The dining
r.'n:n together; dinner Was served about :;
| u'alock-
TESTIMONY or DAVID STUART.
Darif Sa.1rt rssu'i.sT-I desire to make IN
explanation, fur was mistaken tlie other day ::
ii is in rcsrcct to the day WHEN this note was
given 10 lie in tho Court House; the ladics
were not III Court when Mel Lean concluded
this argument; they had concluded not to e.
10 ]lis sl'eeslI, but they were persuaded to 70
| 1crt they might srtl, to slight linn; must
have received il on Friday; it wills the last dry
Mrs. Jsurcl, Was there, :nl mast hare rctaiil-
cd the note in n,y pocket day or two bctOrc
showing it 10 .lr. EurEiL
Cro.s-tzuained By III. V1n A,7nan-In my
conversation with Mr. Joy ] did not tell him,
nor did ever tell any living man that had
the original mite in my possession; read the
note to MIR. Fitch, hut II was III my hand writ.
inE IL did not tell lin it Was t.,- orignnl let
ter; rc:G it 10 him within ten days after Mr..
| l'urc!i left Chicago; can't tell whether l ex.
planned 10 Mr.. Joy Tint the original Wis lost
did not say this to every one; 10 some ! did
| 10 Others did not, for did not wish it 10 be
! known
IT was agreed by the complainant that Mr
| Durch was in the city Of Chicago between tlt
9Th or 18th Of October, 1877: and also that ths
failure Of Oliver Lees Bank was before thc4tl
Of October, 1ss9, and that the power to Judge
Skinner by Mrs Burch was revoked by alcttc1
: Gated the Cd OF Feb, 1850, and delivered tht
9Th Of Feb, 1850.
The defence here rert their case.
TESTIMONY OF JAMES F. JOY.
James F. jog vas SWORN for the complain
ant and examined by Mr.. Van Arman.
I James +. JoH spv7l-I reside In Detroit
know David Stuart lial 4 conversation witt
him relative to this suit after it was cnnlncuc
I'd, perhaps two months after; VIC had ful
cun. urnatiOn; lIe spike Uf the letter he hat
received from Mrs: l;urel!; think hc rcad I
to mo; can't say whether he had thc original
hui he said he lad the or1y yinal i'll Mrs. Dnrca'
handwriting, and would produce It on tn
trial Ills idea VAS HAT tlr letter w:ls incon
si6tcut with tho oiltnce with which he lia'
bern charged.
Sedgwick frequently; think lie was ut m.
| room that evening, but can't say he nigh
b | lave fccn Iu u,y room when Mr. Stnart came
Ieaw MT. Aver about that time; ME 3yer at,
T. | Ihsd conversation about this t:asc, and thi,,l
lte said BIZ. Stuart wanted TO scc nle, and 1ai
why dOn'i Ae come IL Scc met" and it ma
have been iii consequence Of that that Stua!
| called upon nc; don't remember that Aye
told Ac about this letter: have no recollection
! that l4 told mr the letter was destroyed;
e a'nt think took the letter in INF ha1,a;
!. don't remember that Stuart sa1I that The pa
1.a ht.|3 u, f+nr f.n3&..rffrfr and y1..
: The original; Lad heard before about the letL
|: aud asked him about it, and he told me it lta
no date; llc expected 10 fix the relative dat
: Of II by reference Il, letter referred to il
j. t,f Miss Sralding to Mrs. Burch; think lie tol
- ,nc 1t was de1sverel to him tlnsinS tho trial I
): tion that llc Alsuu1d te able tn prove 1t was
il | lcr handwriting; the conversation lastC
some time; next morning; SAW Mr. St4lgwie
l. soon after.
5 TESTIMONY OF MRS. ANNA MAT1lEs
y Mss. Anna Mathcz WIS sworn Ms witnca
II on the part Of the complainant aud examine
&c by Mr: Miller.
J. M1x. -an,a I. Aatlcr snorn--I reside "
r. Chicago, aud have, for,13 years; have been !
quainfed with Mrx. Yurclr since her marrlag
l. the wife Of Judge Hiram Aaihcr; was Enarri,
the 18TH Of Oct 1877; Mrs. James Peck was
~ my house the day before. coming nbont MI
it o'clock In the morning and remaining till 81:
10 elle was posting ine il making preparations
~ my wedding; Mrs. Thompson, my sister, y
between and O'Clock in the afternoon
urged her 10 stay to tea, and she did so;
had tea little after 5; We had no dinner IL
f. day; she had not been there DelUrc that da
A. Mrs. Peck pnd Mrs. Thompson aud Z were
;a the kitchen making cakes Mrs. 1urch J!