New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-03
The Burcb Divorce Case,
TWELFTH DAY.
N,,rRyrILE, Ill. Saturday, Dec. ], 1860.

David SuSt.
The letter i.1m Ms. Bu-ch to Judge Skinner, and
the deed of Ipaao II. Burch End Mary, his wife, ID
Henry Farnam, were put in by the defense. The deed
| is in tie handwriting Of Mr. Burch and conveys a
large amount Of real estate for the oOtsderaon OF
81 600 The deed bad never been fled ard was OBJ
tanned from the complainant through an order OF the
Cont.
TIE letter from Mr. Burch 10 Judge Skinner u as
follows:
sE have ust executed answer 70 Mr. Burchs appcs
friend and solicitor appear in Court or md some other
'''' ~ Yours. '''" ''' - MARY w BURCH.
Erastus Corning, sworn-i first heard of the diff
Guilty in the Burch family on "Wednesday evening,
after my return from Nsw-York; Mrs. Burch arrived
at Albany on Friday euening Saturday tele-
graphed to Mr.. Burch to meet me at Suspension Bridge
On Tuesday evening; met him there; had read tho
letter from MIR. Burch to Mr. Pruyn; at the interview
Mr.. Burch gave much the same account as contained
in tie letter. he told that of the arguments he
used to obtain the confession putting his fist IN the
face of Mrs. Burch and saying, " You shall contest
in describing his action be doubled up bis hand and put
! NJ fat in my face, 10 show me how he did it; Mn!
Turner, tie mother Of the defendant, at New
York, under the Doctors care; telegraphed to her,
ard she came TO Albany on Thursday, and remained
till the next morning; then her health compelled her
to return for medical advice; Mrs. Burch the defend
ant, went TO the Falls with her brother, Horace Tur-
ner; at the same time / went and her there;
after the interview with Mrs. Burch | told her that
Mr.. Burch had informed me that she had connived
with David Stuart in attempt to ruin
Fanny Burch; l told her nothing more, for L had
TO 90 off to Buffalo; ! returned to Albany the
following Thursday did not see Mrs. Burch again. on
Friday went to New-York and on Saturday consult
ed with defendants mother; had no conversation
previously with defendant; SAW the letter from Mr..
Burch TO Mrs. Turner either at Albany or New-York;
not any of the letters received from Mr. Brch neither
that 10 Mr.. Puyn, those TO that to Mrs. Turner,
were shown TO the defendant before my return from
New-York; on the following Monday received let
ter from the Rev. Mr.. Patterson, inclosing one from
lin TO Mrs.. Burch; banded to her and gave her d.
reetcns and advice not TO it write any
letter.; the first conversation bad with Mrs. Burch
the NATTER since the interview at the Falls, was on
the Thursday following my last visit to New-York;
from the time of the defendant arrival at Albany
til Mr.. SedgSicks visit the second Thursday after,
she in ahghly excited state, and much like dis
tracted you could imagine Mr.. Burch told me
LIE bad sent Mrs Burch by the Fort Wayne and Cleye-
land route to prevent her going direct to where her
brother was; Mrs. Burch has father living; her
only brother is Horace Turner.
The counsel for the complainant declined cross
anime the witness. Mrs. Burch was deeply affected
during Mr.. COrning's examination.
Horace Turner, swOrn-l was at Mr.. Burchs house
at the death of my brother Joseph; he was very sick
when arrived; / saw Mr.. Stuart there Mr.. Burch
said on Tuesday night after coming, from Dekeveas
wedding he would have Mr.. Stuart there; Inever was
out any night playing cards during my brothers i'll
ness; never told Fanny Burch 40; | conversed with
Mr.. Burch about Mr. Stuart for time in January,
1858; bad heard of Mr.. Stuart in Detroit; | asked
Mr.. Burch what he knew of Mr.. Stuart r. he said,
Stuart is very good fellow" / said | bad heard
that Mr.. Suarts reputation As to females was bad;
Mr. Burch replied that be knew all that, but did not
believe it, and that he thought Nh. Stuart gen
tleman, words to that effect that imports from
the time Mrs. Burch after this occurrence until
returned from the Falls with her. she seemed almost
crszy don't know whether this Is a proper descrp-
4. fora Iax III md nd
broken in health that her death, before we reached
Albany, would not have surprised me.
CrOss-eXamined-Was absent from the house on
We'd esday night during my brothers sickness went
to he depot to meet my mother, who was expected In
the midnight train.
Henry H. Hamlin. clerk of the fremont House,
sworn-e proved the presence of David Stuart at the
servants party the Christmas of 1857, and par
Tor hops at the fremont the 18th Of February and
9th Of March, 1858.
Crogs-examiued-On the night of the Christmas eve
with the girls, &c. aughter; David Stuart engaged
Himself generally in dancing with all the good-ooking
gins that came along. Loud laughter
The deposition of VIM. Marsh was then read. l.
proves tie meeting of the Historical Society at the
roous of VIM. H. brown NovO,Abor 10, 1871: The
meeting commenced at O'Clock, and lasted until after
10, when it adjourned.
The deposition of Mn. Emma Il. Banks was read.
She depOsed to attending the concert at the Melross
Hall in Chicago, in Nav 1851; went with Mr.. Burch
and his Wife heard Mr.. Burch tell his wife he had
extra tlCket 10 ME- STUART MI StuaIl C'thc
10 the concert during the evening
Mrs Harriet Conings deposition was now offered,
when discussion arose as to Its admission.
Mr. Beckwith argued in favor of its admissblllty, IA
icing testimony as to the fIst things said by the de-
PENDANT after leaving her husband house in terror,
and AS being the first time she could speak free from
rest RANT.
Tie Court ruled the deposition ont, except so far as
the following sentence: " Mira. Burch, on her ARRIVAL
at Albany was very excitedi she seemed almost dig
tracted."
Mr. BeckRith took exception to the ruling Of the
Court.
Proof wac then given of the date of the first day OF
the County Fair, Oct. IA, 1857, and OF the enact
meut OF the plays Of Pocahontas" and the Gentle
man from Ireland" at the theater on that evening.
Christopher Roberts, clerk Of the Burch Bank,
swor1l--I cannot tell when Mr. Burch went East IN
1857; Lbeleve II was on the 9Th Of September can
not tell anything fuher of his movements.
Mr.. Beekwith here moved for an order from the
Court directing the producing of letters to prove that
Mr. Burch was at home from the 4th to the 10Th OF
October, when the Court adjourned till Monday at =