, 1860-12-14

was entirely Idle and grl,aitoua or the counsel
.hs oeael side to attempt to heap suspieion ars
ealnmny upon that young lads, Miss Fannie lureh
You may strike her testimony ont OF the ra.r en-
tirelT. and 1t does not weakc: At all the proof G
tnese Hets; they~are fixed Just a. well without be-
Miss Fannie Borch va. entirely an act Of sunerro
CATION and Of brutality. Il can chsracterize 1t b,
~ other name; That Young Lady was the bosoE
iFleao OF Mfs burch- She has shed asibitter tear:
oyes her al as any person living, except her owr
husband. She would have gone ID lar 10 servc hcl
a. any person lfving. wou1d. and 60 would Mary
spaldins also. Unfortunately for Fannie Duzrs
she was residing in the house where these occur
rsnccs happened She was compelled 10 come upor
thi. stand and testify as witness she eould mol
90 otheswise- AK Jon bow she ought 10 havs
testified falsely that l. another thing. Your daush
tex. sir or mine, might be compelled to testify in
court OF tn.tice In simflas circumstance 1mac
beought> without faur u her own into court, and
compelled to testify in case as delicate as this
and imagine that the counsel in the case should
Feat her as the counsel IN this case hare treated
Fannie Eurch. what would b. your feelings! 1t T.
~ bringing these things to orr own homes, and
applying them to ourselves aud orr families. tha,
Ms appreciate The Justice or injustice Of Them, II
fhat orphan g1r3. Mary SpaldinG. Whose honest T. {
yoa looked upon here: as pure and As ht;h-minded
GIRL na liTcs In the West or ywhere etsc II she
hid been the near relative OF one Of you. what
would hare been your feelings the coutse ofcoun
seltowasds her here in this case Counsel have
great privileges; but have they the privilege Of ut
tertuy FLANDERS and the most ua{puuded cafuuntes
asasntt witness. They tell yoa In The
END that they belers that these Witnesses have told
the ffoth substantially: though they thinI. thas
being relatives OF Mr.. Burrh. they may be little
twesved. but thst they have told the truth on the
the end. and Jet with the lowest luslnuationA
about Nary spaldins conduct At Saratoga or else
xne,e. s rIhsy y s1x; l We could onl. investigate
gould have investigated them. every one OF them
It was open 10 them TO investigate ill; they might
nave entered npon any kind Of examination they
an5csy sit ~ A. nIsS saEs i1d ay adini
could have made any issue with us that the law
permits. nut when they have not chosen 10 make
H. when they could not allegc anything wrpn,
thing against her. ak Joa Is i It manly, i t! Il
honorable II it indicative Of any confidence il their
case here that they should come forward and with
ouS any foundation attack her charactcss They
sly that NJ. nq!ch gsye her = thousand do!lars.
50 he d!d. and honor him for it. Yun havu sccn
tEat Etrl before you; and you have some Judgment
her own conduct and Of The conduct OF Mrs Durch
and Mr. Stuart, and have not the slightest scxu.
ple u eubmttsny her to Jour criticism and your
cauci1 judgment. Now. do you believe. have you
the slighiest suspicion On four mind, that ethe.
The girlnS Of that thousand dollars .. any u,lez
thing that has been shown to have been done In
thts ca-c. was based upon any improper motive !:
uaLntains her and supporting her; lie had some
stock IN railroad company that was drawing 4
small Interest; il Was fund which II laid a.ide,
the interest Of which wenla neaziy maintain her !;
aud Nf. Burch very Jndiciously and very property,
and rcry literally, aud much against the character
they Eire hfIn-for they say he ]. great n.er and
very atiat,y nan-Enve her thi. tuud placed In
tersst- for the purpute Of furnishing her portion
q her support. Now they warn YOU agaia~t aus
picion. What sort Oh temper would thar man
possess who fso IN act Of generosity of this kind
Tbs truth l. that men who act from guilty attach
ments. the rake, the man that goes hhout seeking
70 ruin woman. relIon. makes Al munlhcent !
glit as that; They are seldom liberal men: they
are loo sel3sn Tor that. \ guilty attachment be-
tween two peseous !. scilon. accompanied with in.
stances OF real generosity and brncvolence. Mr.
stuart never gave thousand dulla,s to any VI
his victims lie presented them with gew-s;aws y,
rings. love-tokens and little thiuxs OF tha. kind.
say again it l. al idle and worse than idle, for
the counsel Id attAck there witnesses. Iask you
feet: becanse 30 far 4. Margaret U'14.a and Hur-
ora Cook are Concerned and especially TO far A. the
witness Ann Esgesiou Il concerned, the testimony
+ their own evidence. Iou could e9.ily ses What
the feelings OF those witnesses were. They do not
pretend to deny, they cannot deny. that their feel
ings weFu strongly enlisted for the defence. II II
va. true that Margaret WAS Ut some time inclined
TO favor Mr. Busch, she bad ut ali over that before
she came hero. 1wuuld juEt as suou yuu would
take her tetlIm0ny alone a. any other testimony In
the case. What DOES her testimony prove. Will
rot ~ through and enu1neraic all the circum-
stances. But une ihiny You will remember. that
MF stuart and 31rs. Barch were seen in the act Ut
kissing: So Margaret swore when she gave her
deposition. Tht second time The swors {u effect
~ tho same thing. There IL NOT the slightest ra-
rancc in her testimony on the two occasions. c1-
ctpt that they yet her here to say that she did NOT
ses their lips ntri or his face t"uel herr lct -hc
s.ys the was within twelve or fifteen feet OF them
that Nr-. nurch had her bouaet on, and Margaret
slys she thought they were kissing Now h.w
nlany Chances woult there le for hct to b. missa-
KIN: They were comsn. into the hail; they ras-el
within ten or fifteen feet OF her: and She said she
saw them In the act of kissing. When khe was
cr.ssexAmtned here she said that she did ser them
IN the attitude af kissing; rhr cona not see thrIr
lips touch OF Stuart lips touch her face. hecau-e
she lad her bonnet en-: Do yuu think YOU collu
be mistaken under such circumstances Within ten
Or fifteen feet Of them. And then rccolice, the
explanation TINT Stuart -uG-r.ts; he sctns to
Eiay have put his hand upon her hnck to help her
into the hoiisc. or something Of that kind. Now
this viii not DO; Margaret rays thcy wese jokin.
arm around her shoulders, or socttn. oi thas kind
and they were In the act Of kissing. aud shc saw
Mrs Rrrchs hands up rs In the act of keeping hin,
ou; IN Ih1t M sersain1y was % rot heIpins Mr.: Bnrch
EaEct has told falaehpod, there WAS something,
very like kissing between these parties.
Another case: Mary Spaldiis tcstides that
while they were sitting alone together in the
library, having occasion 10 go In and sec s1ss.
In hastily, aud found him sitting in front VI
her with his arm around Ler waist. Now Il
that true or false. If this young lady ha,]
been intending to swcar to q lie, and assist Mr.,
Hurch to carry this case, she would have gone
much further than that; abe wouli have
sworn to some act much more decisive than
that, and it would have been just Is easy Tor
her to 10 so; i0r 4 lie Is q lie. and whether u
great or small one, docs not matter, 80 far al
the wickcdncss Is concerned. And Stuart has
forgotten this, also, though he says he thinks
there must have been something IN it Why
Because he says that aflcr he had heard that
the thing had been told by Mary Sls.ldiuy, be
mentioned 1t to Mrs Burch, anl told her he
could not understand II, that be had no recol.
lection Of such 4 thing; and she told him OF
an incident, or brought it TO his recollection,
That made him think there might be something
in 1t. Tic says she told him that one day lie
attempted to take from her poEtmonna.c,
aud she thought the story might be founded
upon that. Now, uuluckily Tor this whole
yarn, take her answer made upon oath, and
You will find that she there tells q different
story about this transaction; Sue undertakes
there to attempt to explain il, not TO deny IT,
iler sworn answer In this c.lse--and If ihey
deny 1t will produce it-statcs that one DAY
Mr. Stuart Was there In the house, md tllcy
were alone together In that room, and Mr.
Stuart Insisted upon her telling him something
she had heard s.bout him and had mentioned,
and she refused and he attempted .:ill to co.
get away from him; and as she attempted 10
spring. he caught hold OF her arm, and lust
then Mary SpallinE came in. Now that was
her story: nothing about tho portmonnaie,
nothing about the reticulc, but totally differ.
ent story. Miss Spal.linS's story is not recon
ciiable with either OF Them She says that
instead OF Mrs Burch standing up and attempt.
act Of getting away from him, they were sit.
ting down in chairs, Mrs. Burch in au arm
chair aud Afr. Stuart in lower chair, in front
OF her, with his arm around her waist. That
is the attitude she places them In. Her tcstt.
mony Is positive, and contsadicts totally
Nr. stuart's recollection. However, I viii
come TO his testimony pretty soon.
In addition to these two circumstance
Of personal familiarity actually proved,
you have one circumstance that con.
slider very significant indeed, testified to
by Margaret O'Hara. She says that one
night when Mr.. Stuart came there, and
as he was about going into The pa1lor OF
library, it docs not matter which, Us be and
Mrs. Birch were going In together, and were
head and looked mp ami down the hail II !
misssatc hope the counsel will correct me.
Margaret says that after they had entered the
room, Stuart thrust out his head and looked
up and down the hall Now, the counsel upon
the other side attributed that to ncar-slyhtetl-
ness; that he was very neaT sighted, and that
it vas necessary, in order to f1nd his way into
the room, to ,nzu around. alter he had got In,
thrust his head ont Of the door, and peer up
and down the hail. Now, what has his near
sightcduess to do with his putting Ills head
out Of tho door and looking up and down the
h:lis But that is just as good III explanation
as the counsel can give; aud presume, from
the high opinion lave Of bis talents, It Is Is
good m explanation as any one can give, e1-
cept the true one but think he undertakes
your intelligence. What did Stuart, in fact,
do that for! Here WIS Mr. Stuart, going into
= room for the purpose Of being alone with
This ladY He dtiihfr,felY fItrnpil nroun mt