New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-28

40 hop. and nay forgiveness With all who ever
me would y NJ & p nP ~ -" XVI Te ss children aS
s 6d a9 ply M ' Bs py for me- Of ycS
snsvs. M and H. letter to mother (sisnedi MARY
| NIPirkvr, Ii, Tuesday Nov. q, 1850.
| The Court met ct 800
| Counsel for defense wM yea me point raised laS
night and expressed wiling ness to admit the alleged
confessions and leave the proof o. the manner IN which
| they obtained to the Jury. The papers were
| then read II iirst in Bnrchs hal,dwriag, WAS rs
| follows:
presence ofklmshty God che great Crear and Judse Il
al who will in heaven everlasting salvation, or
pure iosvSi hs In, ny o9u tssoi to ire
declare under threatened penalty Of eternal dsna
net Corning Buc child ospng Of isarc H. Burch and
further .oemly that tue 6r.t criminal CONVERSATION and
committed on the i day Of October 1854 At the time Of aii
sct Of adultery was 70 my certain p sngvlei .gj
had been pregnant for the # two months prior t.
re time o. SAD act OF ADULTERY inher swear tat ssld Dsx1
with various times think times; al Of which acts
began up TO and after the birth o Harriet which 2h
day Of May 1883 further that Isaac Bufch has been the
ant and myself saepiiioy sent and believe hi, agency be-
tween sid Stuart and myself has greatly sided said Stuart in
causing my seduction and ruin. -
wilne,s-FAvSrP Bison,
j.. r. VALENTINE
Subscribed and sworn to before tb it day Of January
The second paper reads ~ follows:
JASuARy. H. faG6Iu justice to my husband and children
1884, had acquaintance viii him occasionally
previous to Augu in the year; from that time august
resisted him God heaven knows and for nearly three months
bit r'med as If were inau,,ed nd ,er 90 long repelag
hs ads 20 shame confess that be finally conquered
and the ith dag OF October 1854 e victim to his damna
with him God forgive me; th, was repeated at
different ling; y Elk or seven acts Of ad9iery during
year when this intimacy ceased and seldom Snrt
He called two three times after my brothers death Ia Febru
sy 49, but there was no further Criminal ne course between
he not IN the house from that time till after my return
from The Eas in segismbe 80 when he called once OF twice
other gentlemen did About the lat OF October ~ during
husband absence at Burlington where he had zone for three
SIN coming here hiteI an nave Iged said 40 A StI
at can never do thai IN the world He urged It, and reiusd
utterly refused to allow but without any eject for he threw
upon the lounge end insisted was fisiened and told him
could such thing again My in4uaton
og w ard sS od b In order to have him cease tst
woJd allow biin to yt me that night lie said then when
al quiet leave the shutters oPen In your room come down 70
the font door which you must not iasten Thi- sed,
shut the bnd and went to bed Suss dii not then
November wliemy husband ct meeting Of the Historical
advances me- which repeed altogether was ~ at the
time This is the sSlsI Of y, aor e4an'rse a4a 'e5
give all the acts have committed for DO most homby aud
Sincerely repent me Of them. ,.--,.- ,,,e.--.-.
psh hch purpose without the utmost resistance
my Gart In every instance wss forced to D. IN,
Siruedl MARY W. BURCH
j. II. VALKNrIyg.
Subcled and sworn bcio.e me his i7i or January 1900
J. r. Valentine, Notary Public
At tLis point one Of the jury announced that he had
received intelligence of the death Of his child and
wished to he excused. After discussion, il agreed
to excuse him until Thursday aud proceed with the
Gaze with eleven iurymen, keeping an abstract OF the
evidence for the absentee.
The counsel for the defense hen commenced the
case.
WIN. Mckay, clerk of the Z. S. Express, New-York
in 1856 sworn-Identfed the receipt OF the package
containing the clock to be sent to Burcb, Chicago
dated Feb. 9, 1857.
Deposition of Harvey d. Colwin proposed to he
read tOproye the date of delivery of the clock Bmch
with tie object Of showing the incouectness Of Lay
toms testimony.
Objected to by complainants counsel on the ground
of nsuiicency Of evidence. The Court reserved de-
CisCr.
Deposition of DIR. Mcvicker, practciug physician in
Chicago ~ yearr-Atended David Stuart at the Ire
mont HOuse, Feb r. 1851; made eight or nine visits;
he was anxious to 20 out having IA law suit to attend;
told him il was dangerous TO do sO lie yielded 10 my
advice, and sent for the opposing lawyer to put Oh the
case; attended him eight or nine days consecunyeyi
be was in the room whenever called.
Gross -eXaninaOu--Only know the time from the
entries in my book,
Counsel for complainant objected to receiving deposi
ton, because The book bad not been produced
The Court overrued the object it being competent
FOR the complainant to call the witness to produce the
books.
The deposition of David s. Lyle of Chicago was read
There was nothing material in il. Walter Pecks
deposition was read lie deposes that Stuart, at the
tine Of lis IS 81 party did no. leave the room tia
evening mp to II o'clock, except for iye minutes for
refrcshmenis.
This was one Of the nights on which tie act of adul
tery was Charged Margaret O'HGa cross-ex-
amiued. She had never seen Mr.. Birch when she
thought she had done wrong bad heard her crying one
night the week before she left heard her say, "NO,
father, no! Oh, don't, father! Father, you choke
net" and similar expressions. Burch threatened 20
turn away any one who wrote to hlra. B. after she