, 1860-11-21
Especial Dispatch By Telegraph.
AFTERNOON SESSION.


pi.d by arguments OF counsel having reference
to certain depositions to figure in the case
Mr. Miller opened the testimony to the Jur:
by reading the deposition Of Margaret OIIara,
II which the following is an abstract:
r.. DEPOSITION or MARGARET D'HARA.
My name is Margaret O'1Iara!! I am e3 years
oFa:s,e ] reside ut Chicago; lam now living
IN Ar, Burch's family; l co1tmenced living
therein, Nay, 1857; know EAvld S.uar.
have seen him at the house Of III. Burch since
commenced living In his fam.'::. I saw him
thrre 1t different times; Think saw him in
the fall Of 1857; can't rccollec.al SO far htcs
as that / saw linn coming frequently that fall I;
ME. Burch wis from homo TEe',1 first knew
Of NJ. Stuart's coming; stI lin. come
thcr, evenings and forenoons, 'isl frequently
! came home with Mrs. Bnrch fNnn down town !;
hare known him to spend tTo afternoons,
stop to tea, and Mrs. Burch anl' he be in The
rarlor together think that aiss. Burch al
ways saw. Ar. Stuart when lie called. ! re-
member one occasion when he called; was
cleaning the parlors; I think tlEt Mrs. Bureh
WIS helping me; she saw Mr.. S!11art she was
up stairs; told her and she cal r. down; they
went in the back pazlor aud :hh doors were
shut; after some time Mrs. Pitas,y called she
asked to Bee Mrs. Burch and i:told her. Mrs.
Burch was engaged she said THAT Mrs. Durch
promised to lcnll he. book; Itlrrft Mrs Pit
neg in the ycstibule and went Ii through the
dining room and knocked at Ge door Of the
hack pa1loz; knocked two q three times
before got an answer; Mrs. EErsll came to
the door and opened It lit.la; shc seemed
displcased-cxcttcd little; tod me where to
| get the book and give IT to Mrs. Pitncy !:
/ did ses l. think lie staye1.nn hour and
| = lalC at that time. ! cant tc1l exactly
when 1t was, but think 1t '.was after Mn
Stuart came to. this city. There was
nobody in the parlor hut Mrs. Eurch md Mr.
Stuart at tllat time; hare kn"wn him to be
| there frequently; knew him to hc there one
time in the fall Of 1857 all thr afternoon; /
| thluk he stopped for tea; Mr.. Bnrch was from
| home think know he WIS from homo
| there was Il Young lady, Miss .Sraatdins, ftor-
| ping there at the time, and Mr.. fu7ucr; I vent
| 10 Summon them when tea Was ready; Mrs.
| Burc1 and Afr. Stuart were u the parlor to-
gcthcr; didn't sec Mrs. Burcl. Mot Mr.. Stuart
when / went to the door; whca they came to
| lea noticed that Mrs. Durc:l's collar WIS q
| little dsarranged, and also her hair; I noticed
| Mr. Stuart WIS dressed very gry, &C II he Was
| dressed for party; thought 'tc sat very ur1-
f;entlenl1nly ut the tahlc. l remember another
| morning, Mrs. Burcl went down town in coin
! pany with Miss Srauldiug, and they both canlc
| home with Hr. Stuart; they all went into the
library for a short time, and Mrs Burch
and 3lr. Stuart went into the dining
room to look at the garden; I opened TIL
door and went into the dining rpo1n !; they
were standing by the window together; they
LEFT to 60 out to the grapcrJ when went into
| The dining rooms saw them walking in the
grapegy afterwards; saw them again at the
Side door, and taw Stuart in tie act Of kissing
| Mrs. Gnrch; 1T that time Ms. Burch had lcl
bonnet on and was without shawl; she was
keeping off Stuart at the time; they then wen,
| in the library; Miss Spau1tling was up stairs
| she didn't 60 with them into tho grarery
1 Nr fr,
alone after they came back, with the dooi
closed; 1 don't know how long; I remember
Mr. Stuart and Mrs. Burch bciu+, in the library
at another time; don't know whether it was
the same or mot; Miss Srauldiug was there al
that time. and she went up stairs; I was sew.
next room; / heard the door Of t!is
library shut attcr Miss Spau1dins went nr
stairs. where Mr.. Stuart and HEs. Burch were
| Miss Span1ding returned in 4 few minutes, and
| SAW the door YVES shut; she went back and Ea,
| on the stairs for q long time, and went up Il
| l,rr room again before the doos was opened;
| don't know when it was opened; rcmembel
Ing Mr. Burch wns not at home then; Mrs
Bnrch. was expecting two lady friends from tht
| East that evening; Stuart was with her then il
the library on that evening; remember ths
bell rang and went to the dcot; stopped al
the library room door and asked II Mrs. Dnrcf
1 NQuIu egg huYuOu4. Au1lk fHG uESlt3lEta d
the time, and Smart said NO" that she was
eagngcd; went 10 the door: Ind It WIS a.r
FasnIn at The ':coet;' s'arnta .as:.et
for Mrs. Burch aud the family; sait
htre. Burrll WIS engaged; lie asket
particularly after her and the young ladies' thai
were coming, and | said that Mrs. Burci, hat
gone up stairs and when came hack saW
that Mrs. Birch and Mr. Stuart were at thu
door Of The library looking nut into the vesti
bu;c where was she said, " @ Margaret, yOr
know would see Mr.. Farnan1." said "yot
told me to say you were engaged" | sait
! wis sorry for telling Mr.. Fasnara story
Stuart said, 40 Margaret that's all right Ill
said .syou Just done ,.s told you;" / think i
,sas him gnyc lnc the command when wen
| to the door; went down stairs l don't thinl
-saw Mrs Burch till one o'clock after th'
young ladies Ind arrived.
To Mr.. M1LLER-Nao asked where Mrs
Durch was when witness left hers She wa
Library. Charles, the man that shuts mp tA'
house, went up to shu. HE shutters, when IL
came down, lie said that Mrs. Burch ant
lT1oIy" were playing checkers up stairs
no more On that occasion. Last fall hav
known Stuart to como OH one evening; til
young ladies' md Mr, Burcl, were out: th
Misses Burcn, Fannie and Lizzie, nieces Of Nj
Burch Mr. Stuart came that evening; wa:
coming down stalrs, and I tfiusl Mrs. Burcl
let him in: they went in the parlor, and Stuar
was tho last ono ;,oln. in; lie looked ont 0
the door, round tlic hall Like; when lie got il
the par1or he put his head out md looked
they went in and closed the door; went dow
Mrs. Durch whist1cd through the tube to tay
the boy shut up house and for me II
20 to bed right away; went up stairs an
Mrs. Durch was Ill ready for bed; she aske
me It the boys were goinr to shut up til
house, or were they In; think l said the.
were going to Shut up the house; rcmcmoe
another nlornin. that Mr.. Stuart called LIS
fall e1r. Eurcl was from lonc that day;
stayed that day an hour aud a hall, or tn
hours they were alone on that occasion.
| Mr. MILLER-Do you rccol1ect any thing Tim
trauspircd On that occasion: Nothing haI
pened that know Of on that occasion; Mis-
Lizzie Burch was up stains; she went dow!
Mary was she didn't see her; Norah told Lie
she was in the parlor with a{r. Stuart; Mis-
Lizzie camc up stairs nGain. and about tia
time another morning Mr. Stuart called an
Mrs. Burch called Inc down stairs 10 bring th
baby down; went down with tho baby MI
they we're III tho Library; tue baby cried and
went out with it think Mr. Stuart made 4
long a call that morning as usual.
t Uy, Mn. MuLER-NHas Mr. Burch at home .
this time? He was away; remember Stual
calling very often; as I remarked before,
don't know how often; remember his carr,
ing hooks under his arm, and he said IL
nciglboTs elou1dn't know him calling so o
ten; I think this WAS when Mr. Durch wa
away in New York; thcrr. was another tim
Wien Miss kinzic was married; Mrs. Burc
| aud the Young ladies went to the weddiu:
I aud went with Minnie, Mr.. Burcli's daugl
ter; Minnie and came home together; cam
down By the Tren,ont House Mr, Stuart cam
atter u, and wanted to know from Minnie
: lcr mother was at tie wedding. or if Fhc ":
!, over there yet; after NC got home Mr. Stua
! and Mn. Hurch, aud Miss Fanny Bureh, an
riagc; Stuart stopped and had dinner; tn:
, evening VIC had dinner late. by gas light;
was pretty near dark wien they got home;
don't recolect Of any other particulars as to Il
. times when he called, than thosc1 have state
. Think he called during the month OF Decor
! ber or tho early part Of january last, pret
often. His calls were usually. made in Il
. made about ten o'clock; he usually reu1ain<
about m hour and n half; think Nj. Dure
t | was ut the Bank when these morning cal
. were made; 1t Was business hours; Mt. Burr
!, | usually left home Immediately after lreakfas
, which was from seven to eight in the nomin
5 and returned TO dine at one o'clock +. II. !;
r think Mr.. B1rch's habits in this paEticul
, were REGULAR sometimes he would be late
) dinner, but 1t was seldom; Mr. Stuart gcn.
: ally passed the time of these morning cal
: with Mrs. Birch: sometimes they were aIo1
{ OH these occasions, and sometimes th
e were not: they were gcnera1ly alol
+ some part Of the time, and sou
- times they were not; I cannot remember
~ Mrs Burch refusing to receive company VIII
I alone on any otl,er occasion than when III
= Pitney and Yrs. Farnam called; I knew e
4 always saw Ms. Stuart; don't recollect Of b
r ! receiving ca1ls from others when Mr. Stut