, 1860-11-24
TIE BURCH DIVORCE CASE.
Fifth Day Of the Trial.
Cfoss-E1am1natfon Of ulss Faunis Burea.


The cross-a1Amination Of Miss Fannie Burch
WAS resumed this mornin: BY Mr, BcckWith.
do not remember the conversation which
took plhce while we were going up eta!rs, the
morning after Atr. Burch returned; suppose
Mrs.. Burch did not know TINT had heard Of
Mrs. Barch in Lpril, 1857, before my first visit;
SAW her about III minutes; think she was East
the summer bc1ors think was in Chicago in
May, 1856; returned In June ; my uncle, Judge
Loomis, aud his wife accompanied me In 1857;
discovered 70 hing in her conduct improper,
none Of the circumstances hare mentioned,
excited suspicion; did not remember al these
circumstances until last Friday night, when
was talkin. with Nh. Van Amman mentioned
some Of them Monday, the day Of Mrs, BIS
confession; learned them from my uncle while
driving on the West Side; the only circum-
stances told lin at that time wern what
trlnsrlred the night went to the theatre, and
what Mrn B. said the night Of our arrival; told
,py sister seine Of tho circumstances; told my
mother also; had no other conversation with
Mr. Burch; told Mr. B. MI recollected;
think hare not had any other con-
vcrsations with him about what could 1ecol-
lect; returned to AEs. BIS Oct 18th, 1856,
Saturday, in the evening; think Mr.. B. nccom-
panied me; my mother and sister we're with
ms; had passed my time during the summer
Of 1859 1t Sarato5a and other places met Afr.
Burch 1t Schenectady; had / communication
from ,. him sasinss Met: Met me It four o'clock
George; Mary spauldlng, Mr.. Bnrch and Mr.
Joy accompanied NJ; had conversations with
Ar1. B. At Little Falls about that visit she said
ttat she was very glad that Nj. Stuart took
Nary Spaulding; do not remember telling her
thal MF. Joy and were out under the trees all
the time; do not remember telling her that
burch and Mary 6pauldipg were of together;
told her We had pleasant time ut Saratoga;
told her our party went to matfnee 1T Con-
gross Hall; told ler that went with Jey and
my uncle, and that the latter went back to yet
,.Ary epaulding. do not remember that Mary
Spaulding Lad q pleasant scat; remember
hearing sume say Mrs. Gilman was At Saratoga;
Mrs. Cyrus N. bentley was there; remember
scein. Mrs Dodge; do not recollec that
Mayor and Mrs. HAines we're there think
that Mr. Bentley Wn1 there also; Mrs. Burrh
at that time Was at Sachcm's Head the con.
yersation with Mrs. B. was In the middle Of
September, 1t Little Falls Mra Burch camo
first time saw Stuart in 1859 was ut Mrs
Bnrch's house he called with Mr.. Bur7in be-
tween seycn and eight in the evening; Mr.
Burch was present al the evening; Mrs. Bur-
riu w.s there; think this was more than
week after our arrival; al Of III
rn ssr II H. bae,s sas s1@1 p " RasS
playod with was an on1y-stone ring; Mrs. B.
fold me alter New Years that she kept the
ring; 1t may have been on New Yor's day; ahc
had two or three tswclry-cases, which we're
kept In q drawer; attended Mrs. Burley's
party; Mrs Burch and my aister accompanied
u'c; remember Mrs. Bufch saying sue would
20 to obliSe us, but do not remember that she
.4ld her mother would not Like to have her so
out SO much; do not know whether the paffy
was for tht Joung or married ladies'; don't re-
member whether BIZ. Burch declined to SO; he
did no. 60; GARLIC Boyd accompanied us
home in the carriage; 1t was avery dark night;
understood before we went Nj. Burch would
70 with me; he gave me some reason for not
going; the coacntnau came for ua; returned
homo about II O'Clock; Mr. Henry Boyd 40
companIed nc and Caslilc Boyd, my sister; Mr.
Stuart and Mr.. Lyle accompanied Mrs. Burch
A far II the Clifton House on the Same block
with Mr. Burrh's house; We left about the
ssme time; the Boyds did not 60 In. after
had bean at the party little while, noticed
Mrs. Burch was out Of the room; I heard
loon afterwards that she bnd tom hcr dress;
think on our return We a1l stopped at Mr.
Hoyd's; went in the house; left Ar. Boyd's
Mr. 3. wnnted an extra shawl, or 1t might hare
been q pair Of rubhers; think 1t was the rub
ba:s; took OF my things at tho party up
Stair, in the room back Of the one fronting ou
Rush stsest; 1t WAS aear tho stair4; Mrs.
Burch told me the next day about the conyer-
told xns that she said to Stuart to keep still
when she made The remark nbout Lyle; don't
think she gaye any roaSon why Stuart made
the remark she spoke Of it as II she waR sur
p9ised; think Mrs. B. had one Of the night
keys, and VIC ~ vent In By opening the door
with that night key; ! mentioned stuart's
kissing ms to my uncle in Burlington; told
my molnrr The next day after the party;
msIt:oEsd 1t to my Cncls because didu't Ike
it, We went to Burlington In the morning ;
had been in Chicago about three weeks before
wont to Burlington; don't think one Of the
Boydts vent homc with us no recollection o.
Henry boyd,s accompanying mo homes tlls
House, and after we went to Burlington; ns1t
tins i sAw Stuart wa on New TEARS day !;
alw Mr. Stuart two days 1t the Court Hor2e; ];
Mr. Bprch Wa there; 1t was the day of Mr.
Browns Historical Society that I next saw
Stuart up town; remember ., TIA. it x9s i1a. tha.
stua1t Was tlcse, the next morning
Mr. Burch has not called my attention 10 ttlis
fact, 1ny sister 1uay have called my attention
to 1t; went to Mr. Faruam's the same after
noon; think vent alone; Mrs. q told me af-
forwards til. she becloned to Stuart; there
Mr. Stuart; do not know him Ind conversa.
ton with hrs. Bnrch about this ut the time Of
her confession; don't remember the day Of the
week; think 1t was in tho Library: che asked
me II saw her give that note 10 ME. Stuart at
the Court 1toGse; she Told nc she gave him
The noto; she said sa9 turned little Ehen ths
gave 1t to him; /; she said sha gave ME- q TeI1
him In the note that the story about S1ukst's
haring his srm about hcr waist WIS made-uP
lie between Stuart md Burrill; sha xrotc It
because she had received letter from Mary
Spaldiug, telling her all she had TOLD ur Bur
rsn; witness detailed the c1act language Of
this lattsr; she told nc Stuart had written part
Of = letter IN reply but did not saud 1t; did
not hear the character Of the reply; never
hard OF the letter Of reply before that time !;
The letter from Mary 6pa1ding arrived 400
AFTER my mother a,ri.t d home; it vas before
VIC met StuAgt at the Court Uouse; Mrs. B.
read me letter TO Mary Spaldirs in reply to
her letter; Mrs. B. told me that sle was ait
ting in the library with Mr. 8. when afis. spal-
ding came to The door; that Stuart requested
her to tell him something about Mr. Hodges,
and ahe refused, 1hercupon he placed Ills arm
around her waist to retain her Is she xas get
ting up from the sofa; she told me that Mr.
3 did not Ike Asg spa'ding, and Lad told
house again; Msr. B. told Sne that Stuart told
her tint her going with Ms. Boyd and opening
letters wcro noticed By people; she said TINT
Mr.. Stuart talked about Mrs.. Farnam, and that
she defended Nrs. F.; that Stuart did not like
Mrs. F., and VIE astonished that che did; she
there was deliberate plan to min hes, be-
tween Burr1ll and Stuart, and had 50 written
to EtuArt in the letter she had handed him In
the Court HQpse; do not remember when It
was that Mr.. 3. told me that M1- Fa1nam
was In the library aud had seen her walking,
and WAS ve1ed at her; she told me that Lizzie
said this she laid she didn't Zee Mrx. Fainam !;
| she told me afterwards that Mr.. Farnam wa1
| ve1ed With her for not going into the house !;
| ! went to M0. Farnam's one evening the
next morning Mrs. B. remarked that Stunrt
had been there; do not remember going into
the parlor or library that evening; Mrs. B. said
that uornin. that Mr. Mcrrick wished to come
down with Stuart to call, md Stuart sud be
bad better wait u1tii he Cut Mrs. D. pcEmis-
sion; had conversation with Kiss High nbout
| seeing Mcsrick; did not ask Mrs. B. 10 invite
| him /; went TO Farnam'e about o'clock ip tho
evening Of the Friday before New Ycars; It
wa4 in tho month Of December; know It be-
cause George Fasnam wns at home; he camc
to his fathers from tbs East inst before
Christmas; think 1t was the Friday or satur-
day before; returned about II O'Clock; went
to Mrs. hurch's room that evening; had no
conversation; she WI asleep, OF thought she
Wa; she had retired; A4ys doubts about her
being asleep; there wsa nothing ip my knowl-
| edge to lead inc 10 these doubts; talked
with the scrvaut, Margaret O'HAa; thst
VISA before Mr.. Burch went up sta!rs !;
them were quite number Of callers present; ;
there wero folding doors; tho osauEn trce was
!. II. :.c-k --.c;; 1--.c=;; :t---- ::--= =s=> :S=1 =
t dozcn there; did not see Mrs.. B. 20 behind the
| orange tree; did not see Stuart or Merrick 70
behind 1t: Mr. 6tnayt bade mo adleu in the
front I'arlor; think AoErlck s4d Stuart went
cut together; thcre was 4 servant In Attcad-
apce il the hall Mrs. B. told me that Stuart
kissed her hand In the yesttbule: aaid Mer7ick
was present; told me Of this the same a{tc,-
| uoon Fccnllect Of g4st::- to saiF ut Metsopol.