Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-11-23
LATEST NkWs 81 TEI.Ntk arn.
The Burch divorce case-Fourth Day.

NArIERyILLH, November %. = Several
ladies were in court to-day as witnesses,
among whom was Fanny Burch, niece Of the
complainant. u
On opening Of court, the Judge decided
that no testimony in the deposition OF Mrs.
Brown, referring TO the relation existing
between Mr.. and Mrs. Burch, could be ad-
mitted, Teiterating the decision that the only
question before the jury was, whether Mrs.
Burch, in particular instance named in the
complaint, had been unfaithful 70 the mar
Tiage.vow. rtll rr1T
The Court could not say what class Of
evidence future developments in the case
testimony referred TO in the cross-examina-
tion of Mrs. Brown was irrelevant. The
testimony was thus ruled out
The counsel then read a portion of the
deposition of Mrs. Brown.
Fanny Burch, sworn: Am twenty-five
years Of age; live at Little FallSaam niece
of the complainant. In 1857 Mary Spauld-
ing, cousin, accompanied me on a visit to
Uncle. Found Mrs. Burch at home she
asked Mary if David Stuart had met us at
the cars. first saw Stuart on the following
Sabbath; he came in while we were dressing
for church; | went down into the library,
when Mrs. Burch brought Stuart in, aud
presented him to me; they then went into
the parlor where Miss Spaulding was; Mrs.
that Stuart would go aud take care OF
us; Stuart made some excuse; we went
with Mr.. Turner; Stuart remained in
the house, no one else was there but the
servants; when we returned from church
Mrs. Burch was alone; Stuart returned
after tea; Mr.. Hubbard and Mr.. Boyd
called, and Mary and / went into the
parlor to see them; left Mrs. Burch and
Stuart in the Library; when | returned to
the library Mrs. Burch and Stuart we're gone;
| Mrs. Burch told me the next morning that
| they had gone out of the library window to
call on Mrs. Farnam; this was the ordinary
| way of going out; recollect going one night
to McVicker's Theater, leaving Mrs Burch
| alone in the library; she was there when we
returned; she said Stuart had been there, but
must not say any thing about it, she said
| MIR. Farnam bad called, and been told by q
servant that she had retired On one occasion
| Stuart and Isaac Burrill were sitting up
with Mr.. Turner; Uncle and went iuto the
basement for ice, when we came back Stuart
| and Mrs. Burcb were standing by the rad iatOr;
| Mrs. Burch held a sheet of paper which
she was reading, when she saw me she
threw it hastily to Stuart, who put it in his
pocket she said to me that Stuart knew she
was in the family way; when walking the
street one day, talking scandal, Mrs. Burch
said to me that Stuart had already broken
up two or three families l next saw Stuart
L
put on one of my rubbers; Stuart took the
other and put it on;i when we got up be said
he had not said how do you do to me, and
kissed me; several persons were present. He
and David Lyle went home with Mrs. Burch,
Ly Q talking and Stuart answering his ques-
tons and would say to me, Damn the fell
low, ! wish he was away" r3H
The examination continued at consider
able length, and embraced confessions made
! bY the defendant to the witness.
Abont the time the defendant left home
she said Mrs. Burch bad told her that she had
confessed to Burch that Boyd had kissed her,
and put his arm around her waist, and that
she had told him Boyd that she loved him
better than any man in the, world; she said
she had told Burch that she was only flirting
with Boyd, and that he would not believe
this; told me that Burch had said fearfu
things to her, that she must leave, and die
not believe that Hattie was their child. ~2'
She then said, Fannie, when I am gone
plead with him for me. Don't ask me to be
his wife, but only to be with him. have
sinned against God, and now1 have injured
my husband" She took Hattie on her lap
and said, you are papa's aud mammals own
child, but nobody knows it but God and
mamma, and that's enough" She acknowl-
edged on one occasion having made an ap-
pointment with Stuart to meet her at hel
house; he came, finding Burch absent he
" others had retired, but she refused; he ther
threw her on the sofa and attempted Il
, take liberties with her; she resisted, and Il
free herself she said she would admi
him; she did not do it, and ex
cused herself to Stuart by saying tina
, she had lain down and fallen asleep
After Mrs. Burch had told me on Friday tha
: Uncle had gone up town to see if Stuar
could not be punished, and after Uncle re
, turned and said he could not be, Mrs. Burcl
said to me, rs it not too bad that shoulC
! becrushed to the earth and he go unpuu
/ ished 2" She told me that Stuart had i'm
e portuned her for three months, and that tn
|, first time she had yielded to him was tn
day before Mrs. Mathews's wedding, and III
: last time on the hight they ali went +
C McVicker's Theater | asked her why sh
n had not told Uncle. she said she had no
e dared to; she told me that Uncle had sal
d that Stuart could go on the stand and den,
It all this; she said, "Do you think any cour
Is would believe that a woman could be SO de
: praved as to confess if not truep We con
: veIsed about the Sickles affair; she said
: was contemplate for Sickes to publish hi
It wiies confession; we talked about Stuart
If conneotomWith other females; askedif sh
n believed she scandal about him and NJ
Belle Cass; she said she didnot ksVw; Ihske
ifStdart had confessed that ne had gone astra
nth Belle Cass; she said, mo, of oours
: he would not tell one about the other; ther
q had been talk about some person seein
a Stuart with his arm around Mrs. Bureh
4 waist she told me it was about that she ha
l. written 10 Stuart at the time she slipped Ii
!. note into his hand; she confessed to me o
4 the same Tuesday that she had on one oeca
4 sion sent her husband out of the room o
z some frivolous pretext in order to enabl
her to give Boyd note; On that day 81
told me her husband had refused TO let h
p occupy his room or sis at the table with hir
a The cross examination of Fanny Bur(
st occupied the balance of the day, and WI
= not concluded at the adjournment. III
" main fets elected were that Stuart kne
4. thai Mrs Burch was in the family way, b
re cause she had told Mrs. Burrill, who told b
husband and he told Stuart.
The witness was not allowed to answ
questions as to familiarities taking place b
tween Miss Spaulding and Stuart. She tC
- - tilted that il was usual for Mira. Burch
N change her dress late in the evening, a.
n put on her wrapper; also, that in the nigl
m when Stuart walked home from Mrs. Brow
ID party with Mrs. Burch, all were together a
~ arrived home at the same time.
IA The Court adjourned at six o'clock.