The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-11-30
The Burch Divorce Case.

The trial of this case commenced in Ma
piersville, on Tuesday last. Mr.. Miller
made the opening speech for the plaintiff
and Mr.. Beckwith for the defence aftel
which the examination of witnesses COM
menced. In the opening speech for the
plaintiff, Mr.. Miller said
1t is always difficult to prove by positive
evidence the commission of the crime o1
adultery. 1t is to be proved however by
the circumstances usually, and indeed, al
ways accompanying that crime. Torequire
positive proof is almost to say it shall not
be proven-for in its very nature adultery
is "a crime of secrecy, of darkness and of OBJ
scurity.
There are however always certain facts
that furnish as strong evidence OF the act,
as positive evidence of the crime of adal-
terry. What are the three elements which
constitute the crime.
lst. A disposition in the mind of the
woman to commit the crime.
I'd. A disposition in the mind Of the par
ticeps crim,nss to commit the crime
3D.. An opportunity to commit the crime.
When these three things concur, it is safe
to presume that the crime is done.
Our evidence will consist of these cir
cumstances, and by them, taken together
you must make up your judgment. You
must take them all t0gether-tO combine
them all--and then looking upon them all
to say whether the crime has been COM
mitted.
The law says the complainant is not
bound to prove the time and place of the
commission of the act.
But there is another class of evidence
which is entirely conclusive; this consists
of the confessions of the defendant, made at
different times and in different ways. 1t is
impossible to read these confessions without
coming to the conclusion that this act has
been known; the circumstances alone are
sufficient to convince any candid mind; the
confessions alone, are sufficient to dispel
any doubt; combine them, and l should
like to be made acquainted with the genius
and the eloquence that could break them
down.
Mr.. Beckwitb, for the defence, said:
The issue that you are to try is, whether
this lady has been unfaithful to her mar.
riage VOWS not with Carlisle Boyd, but
with David Stuart. The issue is thus made
up from the record. The bill of complaint
charges this unfortunate lady with unfaith-
fulness with Stewart, and with person in
Gu:lford. The issue on our part is made
up of denial Of these allegations. The
question as to Boyd is not before you.
1t is important in arriving at conclu-
sion to the value of the circumstances to
which so eloquent allusion has been made,
that you should be aware of the manner in
which these circumstances have been gath
cred up to effect the ruin of this lady of
how the confessions SO boastingly pardoned,
have been wrung from her-aDd l may say
that when yon shall be made acquainted
with the manner in which these confessions
haze been extorted from my client, under
the solemn assurance that they should never
be used against her, that no eloquence on
our part will be needed to satisfy you Of
their utter worthlessness.
To enable you to understand the position
OF the defence, it will be necessary to recall
some of the circumstances connected with
the lives of the parties in this suit. They
were married on the 25th of May, l848.
The defendant at that time was 20 years OF
age-the idol fher family, and surrounded
with every comfort and luxury. The COM
| plainant at that time was 35 years old-a
man of ripe and mature judgment-ac-
quainted with the ways and habits of the
world. The first act we notice is the man.
ner in which he won his lady's hand--a
manner disreputable to all gentlemen. First
asking consent of her natural guardians to
pay bis addresses to her, and receiving a
negative reply, be set himself to work clan.
destinely to obtain her affections, and sue
ceeded. Her natural guardians then, act.
ing as they supposed for her best happiness
consented to the marriage, provided liber.
ally for her, and did all to make the pair
happy. What, now, was the motive actu.
ating Mr.. Burch to this course of clandes.
tine love-making? 1t was not love and
aiection-but mercenary motives. Ever
at that early day the passion of covetous.
ness had become his ruling spirit-and il
grew upon him until it became his God
The little love he had to give her was dried
up in his all absorbing love Of money. This
ASSORTMENT of love gave rise to pride, van
ity, hypocrisy and jealousy-and these evi
passions took possession Of bis soul, driving
out all the love and affection which he hae
sworn to this unhappy lady. Dificultie
grew up between them. He began to fee
harshly and bitterly toward the relations O
his wife, and although they have saved hin
from ruin time and again, he wreaked thi
unkindness upon the detenceless head O
this unfortunate lady. - i''.
The deposition of Margaret O'Hara,
domestic in the service of Mr.. Birch, wa
read, testifying to numerous acts of impro
priety between Mrs. Burch and Stuart, bn
nothing criminal.