, 1860-12-07

DC C0lfICLtQ VI EIllUE AIl1A C'Glf lA4A y! tHE
twelve who sill Us tricrs shall be satisfied be
yond reasonable doubt that she is guilty.
But, gentlemen, Il a1u not greatly mistaken
in the evidence that has been Adduced, there Is
not single 1nnn Of you who Is willing to say
from the evidence here given that he in his
heart and in his conscience, believes that this
woman {las ever been guilty Of the crime With
which she stands charged
Mr, Urckwilh closed after speaking over
seTch louts.
ARGUMENT OF Mr.. HOYSE.
Mr.. Horue then addressed the Jury.
TIE syupathY Of all here is undoubtedly
with this unfortunate wo1nda. mi willing It
should be so But YOU, gentlemen, are placed
IN 4 position that elcvates you before the
world. This case does not die with the hour.
It has au influence on the public. Is the
lekles remedy to be understood e to ne 31e on
lit here and hear the hest citizens, the I'ureat
Girls; abused, traduccd and slandered. nE.
Drrch though his wife has never given occi-
sion for single abusive charge has made
made AGAINST lin.
1learn, for the first time, Tint he Is the rep
rcscntatire Of every ylee. Their Mtaek uocs
thy, hut do expect justice, and expect to
ret it. have been prepared for everything.
understand that have been threatened 10 be
driven from Chicago Threatened men live
long, and expect to STAY fhetc know the
power, and influence. and wealth, that makes
pears here In behalf OF the lady, thc children
and Mr.: Corning Whom have they attacked:
Judge Skinner and Judge Dickey. whose repu-
sations canuot be etouched. Mr. Farnam Is also
attackc as one Of the co-consplrators- iley
hope By three witnesses to overthrow the tes-
tinony Of eighteen witnesses. The gentle
man, finally, though reluctantly, consented to
spare 1T. Patterson. lit. Patterson has reason
to thauk God fur that, at lsaet. These three
witnesses arc Stuart, Burri1, and r. '. carpcn-
ter. Stuart's reputation is national. Like the
Jucrernaut Of Old, he has crushed In his ca
recr familics after families. Burril is his plmp
and procuror, fabricating evidence for defence.
ate strange associates, and used to meet him
ip that way. On his own testimony, he Is q
yarr,nt political Colonel, brought here from
Nebraska to sustain this case. must express
nv n,touishmcut at the indiscrlmtnate attack
madc upon every witness, male or female,
by them. owe tribute to Fann.e Bnrch,
fvr her Intelligent appearance upon the stand.
Did she come here as the purchased tool? It
takes eye aud vice to Manufacture that Her
whole statcuant VAS susceptible Of corrohoEa-
tion or contradiction. She has never been
contradIcted, but In every instance corrobo-
rated, Fairness and candor spoke in her very
face. Nature had stamped there tue impress
Ing here unwillinsly to testify:
One important fact is admitted by the coun-
rel, more than half rrovlngthc case. lie tells
yo1l this wife has wrongcd her husband. You
only need to be satisfied by other Facts She
l,ast1c character ofyourselt and children In her
keeping, and where ] WOMAN undertakes To
parfey with her honor, Is lost: 10 hesltale,
to ioubt. Ia to be damned: Where is wift's
honor when she is a{ienatcd from her husband
and xccks stolen interviews with another sue
prefers? To that extent the admission OF the
COUNSEL goes Shc has been regardless OF her
trust, and goes SO far downward In her course
to ruin that there is no return. And yet they
turn around, and heap up epithcts, and pour
thu vilest abuse upon the coinpla nant ever
heard in court Of justice. We thought they
had come to defend her, but thcy came to at
tack him.
il becomes an important inquiry In a case Of
this kind, to know the position OF the parties.
Circumstances must not be isolated, but must
he weighed together. But the counsel seeks
one alone proves the case. We are trying to
nsccrtain If certain fact has been committed.
This is pcculiar.Sn crime Of sccrcsy, aud needs
to be established by circum<tantiat evidence.
II il the moral law Of the universe, that the
guilty heart cannot retain its secret 1t Is
restless while screening it, and like the ocean,
N ut cast Up the putritied matter. This POOR,
Cnilty woman, with her heart full Of guilt,
could not but cast uut the foul buEthcn when
charged with licr crime.
Tie rule Of Law il, that there needs only to
be et,own tho disposition OF the parties to com.
MT tho crime, and N opportunity for 1ts COM
mi1siou.
Thc Court adjourned
AFTERNOON SESSION.
Mr.. uoync resumed his address to the jury a:
propose in The few remarks that shall
mako to you, to speak ~ If Stuart S testimony
was not in the ease. When the facts of inti-
taken together, there can he no doubt as 10 It's
teeree. Living in tho abode Of Injury, In fash
iouablc society, Mrs. Durcfl was not so cN-
posed 10 influences Of temptation as those In
humber walks Of life. At the tiinc Of their
1irst acquaintance Stuart had reputation for
those arts so dangerous to womcn Attorney
OF tho Illinois Central Railroad, supposed to
bc occupied in business, We find lin At the
| house IN business hours whenever Alr. Hnrch
was in the city, and there in the evening when
Mr.. Buruh was absent Sic was informed ana
cognizant that Lc was 4 roue aud libcrtlnc- Lie
is sick at the hotel, and every dcsicacy is sent
| to him hy Mrs. Burch. It would appear that
| .hc called 10 sec him ut that time. What
would the guarded discretion OF / just Hlau
}utlwe OF SUCH iutinacics with noted libcrtitc.
| She had already become fascinated by tho arts
ofan accomplished rue. Tic intimacy contin
ues from day to day, as shown by TIC testimony
ofthc servants. Is it not singular that this nan
| whose liuc would be supposed to lie occupied
| by tue we.Aty business Of 4 great corporation
Should spend 20 many Of the hours devoted to
business with her, and that be should always
! bc alone with her only, and never with tllt
| others in the house. she was driven l,y tho
coach1nan to his office, when she gocs in. H.
| Ii: d acccss to The house under all clrcntnstan
| ccs, nuI when be- was th1rc Others were otter
1 5Ia ftar
times during the bank panic, when Mr. Hurcl
was away; ard Is clescted with her late hours
with clo:ol dours. The house il closed vi
night without any reference to StuaEt's pres
gncc; the teryants retire, anil they sit VI
alone together. A wife, the mother OF chls
| drcn, she sits up with closed and silent house
| aftc: tllc hours for retiring, with stranger
lie has such communication witt, her that H.
knows every Instance Of the husbands al
scnce, anti ii there before his feet have hardl,
| died away from the threshold. She Is aisI'lcae
e.l If the scrvrnts interrupt them. There is
rnic in the house that tho servants shall no
enter when they arc together without war1in:
them by knocking at the do"r 1ac IS eeel
kissing or attempting 10 kiss her, and lis arm i
| thrown a1uuud her. lie skulks into the house
up and around to see who arc there. After b.
| lug alone togcthcr, she appears with Eushcl
face, hair tlisarrargcll, anil collar tossed. Sh
sits up till midnight waiting for her nelccs t;
CONF. lie sits up with her liz leaves tus
before they come, and then docs not 20 to IN
cars. lie was there only because he Was cit
tin" alone with the wife Of another man. d.
t!.rse tlcts show any intimacy between then,
DO they ei1uw any opportunities for crime
Does lie spend his days and nights there mere
ly Tor thu purpose uf yisitin, witt! her alone
and nothing beyond! Gu Sunday, after thes
Young neicea ls.vcjust arrived, lc comes +
tho house, and these str1nEcEs arc all Sent t
church withnrt her, the lt,usc is cleared, th
husband is absent, aud AIR. Stuart remain
a:onu with her. Did aa opportunity here oe
cur! At 4 wedding party, lie drives her hom
in his carriage, and is again nione with lr1
They all 80 10 the Thcatcr but she, and b,
what intuition docs be know she i ilone. Il
comes aud spends the evening alone with be!
and leaves just before the others arrive. lie
dress is changed for loose wrapper. As
fash lights up tho whole heaven, tue csrcun1
stance of the card found on the fuor after Iii
departure, sheds d whule volume Of fsh
on these fSets They all +. 70 70 ths ~ theatI cat.
mour, seeking this wornan's affections TO Eus
lcr, did understand it, too well. lie crusAc
her, he dcsolate1 her home, he scattered lc
| household. That night they arc not intcrruI
ted. Faraam i rcfu=ca adnlittance. The
I become alarmed whcn they know he saw th
Ia. and shawl Of Stuart. She is then car
toned by friends Of her danger. is told Of rnt
lie rumo7, is warned. Docs she stop! I'll
visits continue. Whenever lie so tar forgy,
caution as to remain till the husbands a1riya
he always makes LII excuse Of business wit
him, aad so blinds tho dotiug husband. 4
the time Of d brothers sickness, lying On h
bed If death, they send away others 10 L
alone together Drlth was there, bat lust IN
prostitution were there. Death cvuld bu
| shock. 1t could not clean the heart Of polls
/ 1ion. Thcir dreadful secret was burning
their hearts. Mystery aud crime were thcr
Death could not Danish it It might ARE:
for time the criminal intimacy, It might f
her with dread; it did not shock him, but