The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-23
The BURCH DIVORCE CASE.
Interesting Testimony OF Mis- BuAcn. .
Niece OF che COsn PlstuAnG-
FOURTH DAY.


FOURTH DAY.
NApnsvuLs, H., Nov a. 1850
Several lLdes In court 10 day witnesses, and
among them Mrs Fanny Burch, niece Of tho con
plsnsnt
The 8urch family both sides all dressed in deep
mourning, having recently lost relatives
On me opening OF court Judge decided that no
testimony abe deposition OF Mrs. Brown relating the
relations existrg between Mr. and Mrs Barch could DO
admitted retrating the decision that the olly question
oefor the jury WAS, whether Mrs. Burch particular
Instance named In complaint, had been unfHihfu tho
marriage The Court could NOT say VIVA. olass OF
evidence future Developments the nigh, reader
proper but At pres be would say the testimony
referred Nm Browns cross alton WINS ire q
want and must therefore be ruled out.
fbe counsel then read portion Of the deposition Mrs
An'ch Mrs. Burch gave for not going IN
paDy
Year, OF age; i've ., Little Fails . com plain
ant visited Uncle after bis marriage, tea years
ago ana In 1851 and 1859; IN 1857 Mary
rlAuldiIg, my cousin, accompanied me; got
mere a. ons O'Clock In The mo-ning; found
Mrs surcb al honie she met NJ In the hall and ssked
Mary David stuart had met us al the carr she said
nat he had there until hour before nrst IA
tasr the following sabbath, the whole family intended
soirs 10 - James church Stuart whio we we're
dfyssns. Mrs Burch weut down stairs, aud enc
passed my door she told me Stuart had come; I ~ent
Gown 70 the library; Mrs Burch brought Stuart in and
shere Mis- spAuldins ~as; vent also; Mn Burch SAID
she would no, 20 " church but that SiasrI
excuse, and we went with Ar Turner stuart
remained the house; else TIL but ser
alone before stuart came Mrs urch had careful
" and Arranged her hair nicely when We returned she
told US that stuart had gone town 20 himself
rom TAX ing her With hrs Sherman that evening,
would De- back there " tea Stuart returned after tea
Mr. Hubba-d sbd Mr. Boyd called Mary and wont into
psrOr zee them left Stuart aud Mrs Barc In the
And uAiu snpr
lheg ieit returned to the library Rarcn
sere gone; Mrs. Buren, told ne next morning thai they
nsa soue vut on The library window which opened
piazza, 70 call Mrs FaTusm this the ordinary way
% SONG out; the bad Rone that ~sy did
not want " fee Hubbard and 5oyd next stuart
the reception after Nellie Kinzes @edo lng: on inc fol
osiDg Gay Mrs Burch and Mary went home stuart
his Carriage Mrs Burch Afterwards SAID shs thought
NarDsrn Offended but she had promised " home
with stuart aud could not nelp it stuart stopped 30 late
eIner tort oss after diIner Played polka; Stuart and
Mrs Burrh pokseo long time after that; they vent
into the library Mrs Barcn went the Shea stuart
left; recoec one night going 70 hcVokers theatre; et
Mrs Burch alone brsry when rstern.
ed che wore dsrent wrapper .he oas sne had on
when left, said that hsd been there,
10 say anything about Is; said that Mr. FArnAm hal
called ana been od BY the servant thai che bad
she sorr the servant had done ehe would liked
70 have seen HIM Iert sa~ stuart Ana Ars burcn to
gether At 4re II Browns party; mott ed nothing
IN particular eetseeD them; they home
together; on ooe occasion Stuart lad Isaac
or, sns ns..n,sn, W ,cs whsr t0e, .ra
back stuart ard Mrs Blrch standing by the radis
tor; MIS- Burch held . sheet ofpAper, which ehs was
reading; when she sa~ me sne threw II hastily "
stuart ~ho pat IL in hs pocket she said 70 ma that
stuart knew that she 10 tie family way Mrs Burcn
bark stuart met u.s. ana Ms Burch concluded no, 10
90: he ~rcorD panied home aud remained hour
shle walking IN the street one day talking scandal Mrs
Barch said that Stuart nsa ALREADY broken up txo
or three families; on the morning After
at the theatre srs. Brrch, Mss spsuians and my.
SAID, love MI STUART no, give me my hus
bsad, hs Ia the best maud in the world" I
leaving put or my ruhoer Mr. stuart took the
other ard put Ton; wnep be got up De sad You have
Dot SAID hos DO 700 do 70 me-" when ne Kissed me;
several persona present. he and David Lyle sent
nome with Mrs 8urcn Lyle kept taking 70 Mrs Blroa
and stuart would hts questions and say 70 her
Damn the felioS, | wish no away
The examination continued al considerable length
and embraced confessions made oy defendant w,os<a
about the tine defendant LETT home wnss said thai Mrs
Suren that en-. bad c0Ll-essd Mr. BIRCH that
Boz had kissed her sna put his arouud ner ~sis
and that she had tod BIN (Soyd) thai sne loved
that Told Barch that che Only
ps with Boyd but that no would not believe ths sho
ste lst Inc nouse and chat he did GOT beiisve
that Hattie his cnld' she Thea said faune when
gone plead With MIN for me; do not ask - b. ais
xife but only " he with HIM have einned against God
and OH nos Injured my husband" she tncn took
Hattie her lap ana said. You are p~pss and msrnss
chili but nobody knows IL bat God, and tnss 10
enough y enc acknowledged on one occasion
having made appointments with stuart 10 meet
frow home thai rnt ssssa II shs would admit hin srsr
The others had reed sne refused DC ,nen threw ner
soa and at. 81 - take liberties With hcr sns 70
sisted and to free berseH SAID she would let MIN IN
ala do H. ard excused berse 70 Stuart by nay lag
had lsis down and f-ii asleep.
kere the cours sdlourEsd t tso ooioo& IN The AFTER
noon.
AFTERNOON SESSION.
ne direct examination o. raony 8arch was resaned-
After Mrs Burch tli Tuesday that uncle la.
Up tcwn Ia -tuart could not be punished and after
reformed kr sarcn tod STUART oo-id not, and
.alo .is Dad. should ne esrsh and
he 70 bad uaeQ
three months that the ~t e rhe hat yelded ~ Aim
as tne asy osiore srs sssne-s atng, am the LIST
time the pisnt they all wcat 10 hcylcAeTs tnostre:
ssked Why she hsd not told uncle sail she had not
cared; she tod uncle said siaart could the
stand deny all thW, sAe said "do you thiak any
court would believe woman cprd be ., aepraved . %
co1lees " uueF' converted about the slckies
ms ~es confession; TAXED about stuart and osn.rs;
Asked n tbe believed the scandal about him AM
Mse Bcu CAS- sne said she di'nt koor; 1.ed II
ruArt mad cotcssed he bad gone Nss,ay with zss Bsu
oass Oh. saa no OF course would not tell about
the otnor there bad been talk about psrson
stuart with OILS about Mrs 3arnls vast; Ms 3urcn
toll about thai hal written strsrt, Il
e te che spped the note into his hand couierss
cent her ovs Of ,he room 90 some FRIVOLOUS pre-
text IN order 70 enable her " give Boyd note she spoke
s.s y, 1s oss y ssse
<oud probably be broken ny shs affair, sne begged
not IN ict mother hate Der, aud 70 plead ~i,n her
husoand sfier enc len TO take her back Mrs Barch
iid not dine at tho table that day she tod
ner husband r,fusei W let occupy ais
tbe tAbE Stu nlM, u TIE GSrnvpns Va
leutiue came and mad private intervies ~fth Mrs
surcn Burrh toox . pen AMI ink % hr ~ii.'s
Ion Immediately ~cn, oorn stsis uncle SAD
to - went sgs.n, "Fan. wsnt you " witness
" your aunt ooJcseo sad b. said. ~
mus, 40 ~" tnen went into Tue room; Valentine AID
burcb there tao papers 90 tee table before
Nr surcn ancls turpea Down cue snect o. paper c,u
ing al but the aat line and signed my name be aid
n. I'D Dot the oontents of the
dersto- that u The copfes u Ma BUrch Der
oun hAnd~rtirE Mrs. Burch sat quite sti mat dey
stusrt pas the houss with Mss fleetwood went
a.. ANNE 14lU EWW 1T NuN aha
would write ~ Mr ccisood and him 40. - iet he
sntsr ne slth stuart, sue said sha you'd
hing " nuuats stuart after Tea Tuesday $50
thst Mr sufcn xoiny " sud her sway sue sac
t4l b. hsd knd H. Der TIE morning tEat she
ttoug that jgdEe skinner bad Seen taxing wk rim,
she said that he tAa promised tnst nothing toald he
aanc uIti Nj. Corning arrived. sho then ashst
send her husband " h.r " prag ~isn
her. be went % and there s1me tm@,
heard praying i0ud when hs en shs ssid that
saebsnd I'D neen Kind - her ever and that enc
hsa aket ~ promise ~ take her eacx, va thai -
that the la-yers hal told him be uust DOT
any promlss sne Old NOT sieep wih uncle tnas nsns