, 1860-12-04

tuay. saw Mrs. Burch little Whllt heit>fc
tea: 1t was earlier than our usual ts:a tune; :
about five O'Clock; I remember Mrs. Mather
inviting Mrs. Burch to rcmain to tea; / had nt,t
seen here there before; If che had been there
before in the forenoon, f0t two hopTs, can't
'ssy whether or not l would have known it;
my wifc il unwell aud not able to be here.
TESTIMONY OF. Il s. FITCH ....
rs Fitch s,oorn for TIC Complainant and c.
ominef by ar. lfiu<r.-llayc resided IN Chica.
70 for eight years am 4 1awyear; know David
stuart; heard OF this suit and called upon
Mr.. Stuart to ascertain the truth Of the rcpurts
shortly after hc case Wsas bruited about the
streets he read me letter; stood about fire
feet from him. he holding It, and read 1t; |
think it was small sized letter paper; full
sheet think ; ut the time thought it lady's
handwriting; as much, perhaps flom the CON
veaation as from the looks Of thc.wrlting:: ::l4c
said 1t was q letter from Mrs. Burch !, Mr. Stu
art said, whca i asked him how he was golS;
to fix the date, that It vas almost proyIdentiai
that he lad shown It 10 Mr.. Burril . day Or
two, ,after E1Yitncss here Interrupted by
counscl) think he did not say anything
about tho one he held being m original or
cory: he did not say It was the original; nr:
Crots.Eramindtto, By Mr. Beekrith.- h.-Mr:.
Stuart, In reply to my questions, said nc had
received letter from Mrs. Burch, at the time
Of the Bates trial, and that hc had shown It to
3lr. Burril shortly after and that the reference
served TO identify. two dates. 7 did not
take the letter In my hand. Mr. Stunrt
Said he had commenced IN elaborate reply;
while yct incomplete he had met Mrs. Bnrch,
and convcrsed with her about it, and from TINT
conversation had destroyed the reply the let
Spalding had written to her that Stuart had
made remarks intended for Bunil to carry to
her; and that there was plot between Burrsl
and Stuart to ruin her, and that slc was glad
her eyes were opened; that the conduct was
so different from what she expected from those
she Ind SO generously treated. .,..:, 4
James H. ANe. sworn as q witness for thc
complainant, and examined by Mr..Van Al"
man,,
1rcsidc in Chicago; have lived there for
thirteen months have known Stuart for seyen
OF eight years; saw Stuart shortly. at1er this
trouble at tho office Of Walker, Van Ar1nau g.
Dexter; Walker was there all the time, .anl
Part uf the tina either Dexter or Van Arlnan;'
Stuart talked with Walker about i letter; he
had one In his hands, and read ffo1u it; alter
wards saw the letter once at hr. Stuart's o1llcc,
and be read from it then: understood from
him it WAS nletter from Ms. Burch; there was
no date on tho letter, and lle said by Was able
TO liz the date from the occurrence Of ! certaiti
and his connection with, it, and that he was
nhlo to rcbut the presumption Of Lis conncc-
ton with it ty this letter, he then read thc
l,aseagc l1yin. reference to Afary Spauldng;
saw the letter; think I. did not have it III my
1iands; something gas said about: SONG o1se
having seen the letter and being able to PROVE
it; thought Mt The time tho letter was not III
tie handwriting at Stuart; / don't rceoilect Of
anything having, been said about it being in a
1ady's. handwriting; I looked at it. to see il
what was read By him WIS set down in the l'a-
per- it was rather lsinall, Gmipipe chasacl sr
but r:thcr bold for 4. lady, he sold soinethln9:
about having some specimens Of 1tcE huld-
member; this occurred soon after the matter
became noiscd around; bic spoke 10 INC about
the letter Oh both occasions.
Crtsss Examination ty MT. Etf,eith. Il was
iu Stuart = Office alone. Mr.. Walker and your
self came in soon after; .thinking1 was one too
1uany, left Mr. Aver was In the front rooln,
the man he said he had shown 1t to he said Was
3Ir. Burril :; l. believe there was something eaid
about a Mr. Burril knowing something Of Mts;
1lurcl's handwriting; he WIS to establish tue
date by ME. Burrit, and there were other
things, also. think Mr. Stuart eaid he had
sumo OF Mra. Durch's handwriting Mt home
On The taDle-koInc Invitations Of things Of
that kind did not have The lcttcria my hand.
Di,rct Examination Jtcsu'ntxi.-1 did not lear
him say anything about tho original being lust
upon either occasion.
The Court adjourned until tomorrow at
4. NJ: The complainant not being ready. = ?
~
. The Calum1y Exploded. !. .
IFrom tho Pcoria Transcript =. -.
On Sunday last the Union Of this city rnb.
lisicd what purpoItcd tObc the affidavit Of Ollie
Clara Moore, charging VIM. Pitt Kellogg, Esl
Of Fulton County, with bastardy. Tic af1ida'
xfr3&
editorial remarks, that could have clnanated
from only the baseet Of natures The 1san.
scrItT at once denounced The: affair rs . con
epiracy 10 injure Mr. Kellogg, and 10 it las
proved. AS soon as the calun,ny reached the
knowledge Of Mir. X, he set cut for tlliS city
Thursday hc, In company With Henry Grove
aud ". W. U'BrIcn of this city, and j. ": In
ycrfo1l Of Canton, visited the girl and con:
| truntcd her, when size fully acquitted him
stating not only that he WIS an entire Et ranger
hut also that she 4teter accused him. The fol
lowing affidavit from the gentlclnen. who nc
rornpanicd Mr., kellogg, to- the 1.ouHc fully sets
forth the result OF the Interview:
STATE or ILLINOIS. CITY AND CouSrF or lEonsa
VIC Jolln W. ln;,ers0]l. Henry GroTc n.ld VII
| liam ". O'EFicn. being u}r'twOrn On oas1l ri,
tbat on tais soth day q Nossn'sr y D. fn;s 1s ~:
litt kellogg. of Canton: Fulton county: Illinois
and Gina, Moore, atthc hep<e Of Terry frazer, II
| tile city p9 IcDria.
At SAID interview, Clara Moore, on bcinS con
tranted with Mr. kellogg, stated that hc was no
the man agatn*t whom she preferred hrr complaint
She declared he was stranger tO her. and that TIN
ncrer him prior IN the Interview. She furshc
declared thl, nlic-ad not mentioned the rHllle =
| Mn. Fit Kellogg 70 any 6f the pcrsdhs 10 w!inn
she had nude her complaint: We further ssat'
that Mr. Frazer WAS psrseut at s:id Interview ant
heard the same statements.
| +TNp. ". INEEnsoLI.
"a, .--. HENRY EcovE,
l. r'--' WV. o RngKN.
Sworn toand subscribed before me. this 9th ia
| Of November, iEGf. ~ .-1}EttNAUp nAILT, y. r.
Yesterday Mr. Kellogg commenced legal pro
cecdings against one Or more Of the parties
and it Is his intention To prosecute all uo''cern
I'd to the extent Of the law. We undcrstan'
cndcarored 10 " excuse ll.;a5sciyes Gy sayiS,
that 1t was only an elcctltcrring dodge! :
The girl was yesterday Rant oat Of tho eli.
by tho implicated 1arties, ,donbt!oss In ordrr t
| get rid Of her testimony.