, 1860-11-21
THE BURCH DIVORCE CASE.
second DAY OF the Trial.
OPENING 81 Mr.. MILLER .fuR COMPLAINANT.


and Visitors. -:
=
Isaac II. Burch r.. D.. <.,..,. ~:
e. 1As0 ~HIItt r. ch,ncs.,v
Nary ". Gareh
hon. JESSE o. NORTON, Presiding.
From our Own REPORTER
NArxny111x, Tuesday, Nov, %,
,.oD.--c c1,,oro>-
AohsAsu sesstoe.
Inc prentnlnarles having been disposed Of,
the jury having been closed, aud the case Of
6arcn vs. 6atch having finally settled Itself
down Tor full aud regular presentation 10
1hat jury, 1t might not seem inappropriate 10
pfelaee report Of the daya proceedings with
mSnfaoa Of the counsel By whom this case
's11 be conducted
THE COUNSEL.
80 laf as We can ascertain, those associated
IN representing Inc complainant, arc the fiFm
o1 dosher Mlller q Lewis, and walker, van
Arman G. Dexter, 50 well known as scarce to
need cspeTla1 mention. The preparation and
sonanct o. 3he case Aavc been entrusted to NJ.
MiileF- Nr. Van Ar1nan's acuteness md forensic
ability arc expected to be fully drawn out on
the tr4al.. Also Judge Allen, OF Jour city, who
Will oe remembered ny tie old Inhabitants Us
one OF Tue early pioneers ol this region, Aav-
ing hc!d, before he removed to Chicago, the
once OF G9nnty 'unse o. " fage county.
y County Judge o1 Kane county. Also,
Me7Sfs. Valette g Cody; and Mcssrs. Hobson
q aaiEht, and Hon. Walter Blanchard for
merry Gounty Jndse mere. ihese gentlemen
are wei! known as Practltionefs Of sood stand
ing IN tne county: ilelr assistance seemed 10
ee eons!cetea ta!nane W t yes1eFaay m1st @ III 5e
ehpanneling 9! the jury. AIso' Hon- IN
ossood, o1 Johe;, formerly member OF 4e
Legislature, and the Democratic candidate in
1e5o against Loyejov.
for the deienes e. There appeal, Inst, =:
bcck"1th, Esq., ol chicago, who has had chlct
charge o1 u: aGtence from the beslnnlng.
Also hon. y. L browning, ol Qnncy, "hom
lhe members OF Inc bar will know, nnd whom
your pouuca! feaaeTs may renietnutIa rs nasins
been pronlneht WING leaoer IN LIMOS lot
over twenty years. ano Us tne canelQatc III op-
posltion 10 Jpoge U9nslas Ehen PC nIst ran
ior congress. also Hon: Jonn r. fatns"oftn'
haF1ng Teputa1aoh rs nrst-class jury lawyer,
though better known Of late on account Of his
political prominence as the Representative n
congress o. tne lineage Olstf1cf. ALSO T. =.
Murray, ESQ, OF kankakee, formerly Of Du
fagc county, where ne "as one Of the INT @ set~
nsrs following IN lpdinn try hithes IN 1881
known by every one through this region, aud
recognized everywhere as @Ncy. Murray"
loar readers may be more apt TO remember
him aB the opponent Of Lovcjoy for ConSTees
during the recent cs,npaisn. As ron rcmeaE-
ber, he waa sather beaten, though LIZ says
lc is mot dono running yet" Also 3. Z.
Caul6eld, Esq, well known as an able member
Of the Chicago bur. Also Edward ". Smith,
Esq, Of Chicago, formerly OF BnTkcT, Hyatt d.
Sn,,lh. Geo. sedssick, Esq;, an intimate
fricna Of Mr. Corning'F, is also here.
We noticed botl alr. 6urc. aud Mr. Corning
were present yesterday, being the 1rst appear
ance Of the latter In open Court Col Joel
Rathbouc, If Albany, also Horace Burch, Esq,
brother Of the complainant, aud Judge Loom
is, both of little Falls, n. l., Miss Mary Spald-
Ing, figuring III this cnsc. and Miss Fannie
Gurch, nelcc Of Mr. Burch,, both of Little
Falls, n. T., and both Of whom will probably
appear as Witnesses, ore already in town. Hon
Charles L. Austin, Recorder of AlDany, IS also
an interested spectator, and 1t may not be IN
interesting to your mercantile readers to be
made aware TINT Gilbert Davidson, ESQ, OF
the House Of +. Corning u Co., is daily e1-
peetcd.
The Court House this morning was crowded
to excess, tho counsel making their opening
arguments.
Mr.. Miller. for tie complainant, opened the
casc for the Jury.
MR.. M1LLER'S OPENING.
.,a .,,>xt..o. -
You Will undouotcaly. gentlemen oe lIs
qusnt!y reminded during Tue progress o. 'as
case that you lave entered upon ana arc ell
gagged III most important cause.
It u proper that you shonia ieel 20 !;
and W Whlle sensible .! ~ importance Pc ,,a ns'
you should never sn1er yourselves 70 peoH
pressed with the weight ol me case snonla
be your alm to IT. inns witu inc same rec
| dom you wonld feel in nuy other clFn cause.
The same rules Of pleading and evidence r.
PIT 70 the government OF th's rs 10 any "a1n
| civil cause.
truth o. the charges mace, Jus, rs IN any uhet
caae' Lou arc 10 ese tnis esloence ~ s.Inc
weight, and TO exercise tae same menta oPe-
ra11on anu lleeooM OF mlnd % IN otAet eases;
An endeavonr WAL pc maac 70 turn 5ou! m1na
away from tue real issues N inc case,sna "aen
your attenuon Ii SO Msef1eo 10 en4lSt your
pft3ualces.
know some OF you have said that you iaTe
read OF thls case III 1ne newspapers nnu !
| Know now pubic opinion has bech nnectcd
In variety OF ways but you WILL pcleVe me
when ass you 10 dismiss from Your NINA
forever any impression you may nave hisncrIo
received.
It Is eald that there - great wealth on ooin l,
s!dea. regret II TINS circumstance shonlo
nave any weight lot eltner sue lMoulo paace
MY cncnt before you, ~ l "oaio tiaeG Wy
e'tizen nelofe you, my inan Naose 1abhts nass
been injured, "1thont reference 10 nis poel
ton. Ihe simple qaeuon 70 DC 1faea @ !!erc u i
thai presented upon luz PleauluSs' ~ NV, II
il made the duty OF every one coming IN to
court OF Justice TO place upon lts records VIII
elearncss his rights and the injuries he ma.
have received. Inc party against whom sun
mag be brought Is there to deny It us distinct
ly. or to set forth any Facts Which may prove
bar to recovery. THIS course 1s adopted Ihal
each may know What be has to meet Tht
iesuc thus made m Is that which each juror II
sworn to try. The question for you 70 Try II
this case, Is whether thc defendant Mary "
Hurch, has been guilty OF adultry. Ihts, zen
tIcmen, Is plain and simple question. OF
would feel no hesitancy IN adJudicatlns In
question involving right OF property, atid yot
are to try this question as you w"ula Try ON
regarding property. The importance ol th''
casc should warn you to be ylgiianf md care
fnl with the other matters and consequences
nppertalning thereto, you have nothing 70 DO
consider 1t fortunate circumstance for th'
cause o. JUSTICE tnA9 cscn one VI !ou Aas'
been able to say that you hare read but littl'
about this cause, and have but little know!ecg
OF its circumstance. and aFc ifec from !, az ola
:. and prejudice In that state OF Mind II Is I'M
Is,rtant to enter upon the trial Of this case.
Ii any cilort be needed 70 take your min'
from the Issue, and to create there pre)udic
In your minds, SO that you may nos DC ab!c Z
look at these matters IN clear l1ght, Fo'
should Iemember 70 exercise m cspcciA eau Y
tton and vigilance, Tor with excited feelings
Is difficult to look clearly at the only quesllo
before you.
You can readily see y you eunef 5onsselFe
to wander away from Lie issue, tnat you car
mot Keep -FOUR 1ntnde upon nc ony qnea1lo
. ! Yum nave 10 pass upon. "elEnns wcn N
evidence on earn slae, so1 hnoula keep ~ Sou
mind that one single 9aestaon ociore you. ~.
ING answer may be reaa 70 you, .t'o 9at IN IN