Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-11-28
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The Ruroh nirorce cn.n.


the manner in which it was obtained to the
jury. The papers were then, read. The
first in Burch's handwriting, is as follows
In the presence of Almighty Cod the great
Creator Judge Of all men, who VIII Save ih Heaven
He'll my sou aceordns 10 The snehSy o ns rs
grace and as the tenor OF my life shall be, now
penalty Of eternal damnetlon, should | declare
corning BurR the Child nSt and my SSriS Snid 81 H15ss sas
II. Bureh; and further solemnly swear that the
ever had or committed with David stuart, was
committed on the lith OF October, 1857. At the
an ISr preSnSGt 81 % HSc 70 dospSe %E iST
Burch, and had been so pregnant for the space of
near two months prior TO the time Of such act Of
further swear that said David Stuart committed
me at various tmes-tbinR seve % nsmes1 ofwhicR
acts were performed from the 18th day Of October
Harriet, which was on tho oath day of May, 1855
bearer Of quite numbeT Of IMPROPER Letters e bs
tween Dayid STUART and myself surreptitiously sent
myself has greatly aided said stnart in CAUSING In mS
seduction and ruin
witnesg-F Fannie Burch; ]. R. Valentine
Subscribed and sworn to before me this nth day
]. r. VALENTINE, Notary public
The second paper is as follows, dated Jan
uary II, 1885, In justice to my husband
and children, l make the following state
| ment
ouaTtanoe with David stuaTt I saw him 1 Occasionally
ms AuSss 20 Ap%sI % a 10 e e H. nat
ton in attempts to ruin me- resisted him, God in
seemed as If were infatuated and after SO long re-
pellng his advances, l, 70 my shame, confess that
Der, is57, fell victim to his dsmnabic seductive
arts. On that day had criminal connection with
ff SF S96 Sy Gsy % D ' Of 5r1 r. &
the month Of November, and until the Path of De-
ceased, and i seldom saw Stuart. He called two or
three h5 times after my eEothers death in Ee6ruary
between us lie was not 10 the house from that time
is5s, when he called once or twice. as other gentle
men did. About the last of October, 1859, during
| my husbands absence in burlington, where he had
gone for three days, he called aud said: our hus.
band will be away tonight; am coming here after
| never do that in the w2rld." =
| He urged and refused, He then insisted on
a fS Su s any qsSef r hS
threw me upon the lounge and insisted was
such thing again. My iniatuation was gone; but
alias in dS his SSS od StTSvG With him N and
him cease, that l would allow him to visit me that
sar sf a M S OTR t. sS sa
room, which you In must ss not not tasteH This prom
tened the door, shut the blinds, and went TO bed;
Stuart did not then or any Other night, visit ne
RusbSnd was al nesting Of the HstoTIcai Society,
atW, IL Browns, Stuart ,as.ll was here and at that
i'll at the time. ..
This is the extent OF my whole acquaintance and
intercourse, familiar and otherwise, with this vilo
ma man; GOD forgive me Al the acts have commit
Of them Should have added above that at mo NO
time did Stuart accomplish his most hellish pur
Instance Was cd 70 IT, have b Written
the above with my own free will, after much dslfb-
signing. "1 ;, lslsPsdl MARY ". BGRGHI,'
Witness; EANNY ByRcE, J; s 4; YALENIISE Tine
Of JanGars 1890 Is0Tf day
T. .3s' .II Notary Public.
At this point one of the Jury announced
that he had received intelligence of the
death OF his child, and wished to be ex-
! cused. -. .
After discussion. it was agreed to excuse
him until Thursday, and proceed with the
ease with eleven jurymen, keeping au alb
stract of the evidence for the absent one.
The counsel for the defense then COM
| meneed their case.
VIM. Mickey, Clerk of the United States
Express Company, in New York, testified: In
l856-57 identified the receipt of a pack
age containing a clock, to be sent to Burch
at Chicago, dated February 8, 1857.
The deposition of Harvey D. Colvin was
proposed to be read to prove the date Of the
delivery of the clock to Burch, with the OBJ
ject of showing ineorrectness in Laytons
testimony. Vast be-.
Objection was made by the complainant's
counsel to the reception of the deposition,
on the ground Ofinsuficiency as evidence.
The Cenrt reserved its decision.
Deposition of Or. McVieker read. Am a prac-
ioiPg PhyssisPH H in GhiCasE attended j David stuart
eight or nine visits; he was anxious to go out, hay
dangerous to do 50; he yielded to my advice, and
Igr b 5e r SSysr g put on hs case at
DepestiOn p if of David s. Iyte, of Chicago read
tended party at his house on the sth Of October,
we're were present; walked home with Mrs. g Bsrch and
Stuart as far as the clifton Honse, whore boarded;
Of October, 1857; Mrs. Burch and her niece were
nom there with him and his daughter to the party
Waiter Picks deposition read, He deposes being
Historical society at w Bro%ns efT@s o% Sl earns Si
in the evening till eleven O'Clock at night, with
during the evening except for i've minutes for Pe
freshments Thisw on the night the act of adul-
Margaret o. fIara called for cross examination
IN ne d aIa %San 6s caa Msp 10
hs Ladies were re ssngsgsd The Witness reiterated
Burch were in the grapery; meyer saw Stuart kis
5n snSn snS or gS MS % %Se near her tS Sn that day
The day Mrs; Kinney called the door was not locked
should not have noticed Mrs. Bureh's IA beinl
red Y had not been asked about IL; generally no
tioed that Mrs. Buroh's face was red when in com
In reference to the night when Stuart took tea al
Burch's house, she testified that she never netleet
d x aed ~ or 1@r m sGHPed III m aes aen
that Farnam called Mrs Burch did not tell her /,
say ehe had gene up stairs; said ii on her &C
coant; recolleot Of seeing Stuart and,mrs Burch II
the library, after Turner's death; noticed nothing
improper shOgld not have thought of such thin
il I had not been asked; was asked By Mrs. ThOmR
burcbl never saw Mrs Burch when thought shi
hRd been doing Nrongi hrIt heard Of her troublea
on the wednesday Of the week before lefti hsarS
her crying one night the week before LEFT; hearS
her say: No, father nO3 Oh, don't, father; father
you choke me" and similar expressions; she erie,
for an hour Srtwo before vent te sleep.
iDgi was crying; that night heard Mrs. BUreh cry
ing; heard .obsoEvations from her room that th
boys would hear herr heard her say she did no
Valentine come 10 the house; on Monday afternoon
! he went up stairs when Burch called him; saw Mra
Burch at the head of the stairs writing; Yalentin
went down directly after she had finished writing
she appeared In great trouble; saw Mrs. Burch earl
on Tuesday, she told me she must 20 away, but no
till her uncle for her; asked me to be kind
: the baby; think she said she a naughty woman
ana had 70 60 away can not give he! PRECISE Ian
: ! guage; heard her crying very hard while FarnaT
was there's - Tuesday could hear her In the parloI
J | think saw Mrs. Burch before Farnam cam
writing on a chair in ler room over the library
| Burch sitting opposite debating while she wfot,
that evening looking very mild, snatehed the bab
: ffom me and said, "Oh, Margaret must 20 ava
| to O-mOrIow" She entered very quick, and locke
seAredi heRrd her knocking at Burchs door at nigh
saying she wanted to come 70 him for the last time
I but Burch refused TO admit her. ...-
Saw her on Wednesday in her own room and I
the nursery asked me 70 be Kind to the ehilareI
: in the evening Burch told me not to write to Mr.
Burch, and threatened 70 turn any one out Of III
D house IL they wrote to her. tll ~. l-H q
/, Cross examination, not finished when th
i Court adjourned. During the testimony Go
# witness cried while speaking of Mrs. Burch
Q troubles. Mrs. Burch Wept while the wi