, 1860-11-19

TAA' 11ALALA.--AA 1ER!3 LIZ ~ lAE auOtIDIis
to suppress the dispositions, reference to the
answer Is necessary to make apparent the OBJ
Ject OF the testimony.
The answer states that tho defendant vas
often afraid to ask Ar. Burch for money; that
she was ollcn without money for the ordinary
: expenses Of ths household; has often been
obliged to borrow one or two dollars ut a time
from 4 lady guest OF the family, with the
knowledge Of the complainant; that she has
uftcu asked for ten or twenty dollars to supply
the necessary kexpcnses, md has received but
l4alf Of the amount asked for, her husband
knowing that the amount given WAS not sutli-
clcnt., These arc thc .alles"tions made by the
! defendant, Of parsimony md nfSardlipess OIL
the part of the complainant
We have gone to the sources from which
+ family supplies hare been received; to the
dry goods merchants, the butcher, the grocer,
aud shown the amount supplied for the house.
household. We have produced testimony t.
show tue manner In which be lived in Chiea.
60; tho character Of tho house; how well
supplied it WIS during the period mentioned
III tue answE. showing It to have been an iu-
possibility to be nccess1fJ for her to borrow
money Tor necessary expenses. We have Oh
tained the testimony Of clerks in the ccm:
plainant's tauk, showing that the defendant
was supplied with money 10 2ny extent she
desired, upon her own order.
We have shown the etandlu: and position Of
persons most ftcquentihS her house, showing
fhat she had the lest Of Society, tic unsweraI-
lc7,in. that she had been restricted In ler sts
cia! Intercourse by Mr. Burch. The fact Is he
has been most tcnderly Fegardful and solicit
llas always associated with the best class Of so~
cictyt arid has not been compelled to Felin-
quish the society Of my Of her friends, by Let
husband.
II is alleged that subsequently to his reno.
ral TO Chicago. tho dettndunt entered into the
aud
prosecuted 1t successfully; that previous to
her marriage, the complainant, ns she haa
ssucc learned, made careful inquiries as to the
probable pccuniary benefit which would re-
suit to him In the Cvcht Of marriage; that her
uncle, atr. Coming, had extended every pccu-
MARY a!d and accommodation to Sir. Burch,
until misunderstanding arose between tho
partners Of AIr. Corning and Mr. Gurch, aud
such accommodations were withdrawn, from
which time the complainant BECAME alienated
tEom her, This is intended to show that the
compla!nant's lore for her Was graduated hy
, the a;d to his business rendered ny Mr. Corn
ing; that his marriage WAS not based upon
into testimony showing the capital POSSESSED
By Mr. Bur9ll 1T tic tlnie Of commencing bust
ness; and shown: the rclat3ots between Mr.
Burth and Mr. Corning, and that if any benefit
had arisen It had resulted to the advantage Of
Mr. Corning.
That w hare also had testimony taken
shown. the friendly rcla.loas Of M.. Corning
md 3lr. Burch, and the relations between hin
and the Albany City Bank, duFin. the period
referred to, controycrt;nS the posilionassumld d
regarding those matters in the answer.
; We l1lye shown, in testimony taken BY us,
That instead Of tho dislike Of Nr. Burch to her
fricnAE and relatives set up III the answer, Nj.
other relatives bf his wife; crd vas cxerting
himself to procure lucrative position for her
| brother.
We have also shown that Mr.. Burch has
contributed sincc, as before, the matters CON-
p!alt1ed Of in his BIZ, to tie support Of bis
+ wice's mother. That as late as last summer,
| suGh Contributions wcEc called for and paid by
him. That all tnesc matters arc properly in
issue, were never supposed. hut We arc pre'
! pared and anxious to meet them.
With regard to tho technical objections I'd
the competency Of tho evidence it is NO. Ii. ccs-
| sary 10 argue them at length.
+! Nr. Miller referred to the principles govern.
i fuy the propoundinG Of leading questions aud
! reviewed the circumstances showing that Ar.
t Burcn had throughout been most kind and
1ibcr4l, and had actcd only from conscientious
motives.
aih VAN ARMAS.-1t is said We could have
| stricken these matters from tho answer as i'm
pertinent, Il WIS probably expected that VIC
! would. We chose our course deliberately
|
| this court q complete rciutation Of all tlc os
I persions upon the character Of Alr. Burch,
| spread out In tie answer, ]ic might be in soule
! measure protected from their effect The
! answer make: three points against Mr.. Burca
! ];arsimouy, unkintucss to Ills wife and hc1
! friends, and intiuiaeies With . young lady.
! Each oftLcsc is irrelevant. But we csttne hero
prepared to litiyatc each Of these questions, d:
! being the only way in which wc can escape
! from tho effect Of their published calumnlcs
F., Why do they shrink from these jssucs? EiT
relevant In the shape Of testimony, they ,Fcre
: irrelevant in the answer.
| In regard to the depositions excepted to fol
!; technical reasons. We shall connect them By
| other matter with tho issue. For instance
| We shall show by her own confession. with the
aid of other testimony, that this Mr.. BurriI
occupied the high office and position Of 90
/ between between Ars. Burch and Iii. Stuart
aclin. as the agent Of Mr.. Stuart.
With reference TO tho class Of exception
! going to the testimony given by the servants
! IL the house, We look upon them Us belonging
| to the res Gcstac.
! MR. DEcKw17n To afford clear under
| standing Of tic rcasous governing the form il
| which tie answer WAS drawn, 1t may perhap.
be necessary to 20 outside Of the record ant
! refer to matters which arc well known facts il
the community.
Tic charges against Mrs. Durch we're circu
! lated broadcast In tho public sheets. Pnb}ice
tions were made III tho newspapers, dictated
and paid for by Mr.. Burcl,. blackcniug the char
actcr Of his wife and children. Should not th'
public know tho real circumstances, and hou
could this he done officially but by placing
| them upon tho records Of the Court In the IN
swery
| The matters in that answer arc not onl,
! true, but the truth Is not half told. Tall
about his freely supplying hcr with money
She sold dresses to her nci..;llbors to gctpockc
money, while living in that elegant, statel.
I mansion. coul1 cnuu1cElte till the setting o
the sun, the wrongs rcrpctrnted in the Zig
gardlness and Observation-Disclosures Of that man
But We 10 not intend that the complainan
shall introduce all he wishes to prove, gIyin!
most talsc IMPRESSION aud thcn turn nrouns
in a lawycr-like way, and close our mouth
! when we come to answer.
1.-THE Court Is willing to sit here and spent
time to learn whether he paid SIS or SO for
dress for lis wife, We would be glad to do 1t
If the Court wishes to hear the business rcla
tions between Mr. Burca and 1lr. Corning, ans
that Mr. Corning has protcd by his relation tt
Mt. Burch, we should bc glad to enter upoi
that question. We should be glad ito showth
insratitudc Of the man to whom Mr. Corninl
advanced s'5. .0GO in the fall of 1854, and agail
advanced go 900 in 1859, to save him FROM nj
ter min. We will produce the letters fthi
man, written to Mr. Corning, ever in the sam
strain, Mary is well. Cant you lend nc som
.nn,t wen; please sena nnc nc so%
tnone,. u ~ ~ nv ~. ~ o"sI =
hc s.us & o. nuhs IL ~ ~ I'LL ;ns;, m ,i1
10y e. sls, H. .; - eJ - ,'oo' n,;,!a ' =.
1Iila @ es .n'.t S1.nan t.au "e. 81, t.s,s =
n H.; , o "u'u n g., s9 p,,r,, ~ has Ioa
~ auc a,aunst ~ Mu.sa ~ ~ f4,,i1 % aas ~
Ieateu ~ AT Sorns a,u 1Aus' VIZ ha,d NV ~ =
~ nas ,aeteu ,t .uI.h r. ~ ~. st.
"osL gt1o 10 pnt Luz Slse ,a ~ aias snaps a .,.,,
Nn - a1s. 1:..s ;.i,i ~ saouu ~ nt; tus
1ole yon aseu ~. ~ "1aa" .ni uavt.on
eapp'ss. - ~ G uepee'1toaI ".;,i ~, .ns.
% ~ anm o1s n-.t,,t;ans hI ~ tae