New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-21
The Barch Divorce Case.
NAPERyILLr. Ill. TuesdaY. Nov. 90. Is

The Court came into session at O'Clock. After call
ing the jury the opened for the complainant
by Mr. Miller and for the defense by Mr. Beckwitb.
| The speeches occupied the morning session.
| In the afternoon. the evidence wac commenced by
the reading of the deposition of Margaret OIara,
domestic in the service of Mr.. Burcb She states that
she knows Stuart; saw bin frequently at the house
of Mr.. Burch; he cane frequently in the fill Of
81 Mr. Burch sway Stuart cane evenings
and forenoons and came some with her from down
town; Mrs. Burcb always saw him when be
called on one occasion wren she saw Stuart COM
ing she went down stairs 20 meet him; they went
into the back paror together and the door was shut
Mrs. Pitney called and wanted TO see Mrs. Burcai
told her she was engaged she aid she had called fo"a
book left her and went to tie door Of the back par
lor and knocked twice before was opened; it waI
opened by Mrs Burch she did at look pleased; was
somewhat agitated she told me to give the book to
Mrs. Pitney, which I did; Mrs. b tsh and Stuart re-
manned in the back parlor for soL1e time after this
Mrs. Burch was hot dressed to receive company;
another afternoon when went to caii them TO supper,
noticed that Mrs. Burehs collar and hair were disar-
ranged remember another morning Mrs. Burch went
down town with Miss Spaulding; both came home with
Stuart all went into the library for short time;
Mrs. Burcb went into the dinng-room 10 look a.
the garden Iopencd the door and went into the next
room; they left to 90 the grapery; went into the
dining-room and saw them walking in the grapery;
them again at the side door Stuart in the act of
kissing Mrs Burch; she had her bonnet on, and was
without shawl she was keeping off Stuart at the
time saw them; Miss Sparkling was not with them;
after they came back, Mrs. Burch and Stuart were
alone in the library, with doors closed; don't
know how long; remember Stuart was at the house
another morning; Mr.. Bureh was not at home;
Mrs. Burch expecting two female friends
from the East that evening; Stuart was with
her in the library; bell rangi i went to the door,
but stopped at the library door, and asked if Mrs. Burch
would anybody think she hesitated and Stuart
said No, that she was engaged; it was Mr.. Farnam at
the door; he asked particularly for Mrs. Burchi told
him she was engaged when | came back Mrs. Burch
and Stuart standing at the door; she sind, Mar
garet, would see Mr. Farnam;" told her. " He told
me to say you were engaged" Stuart said, Oh, Mar
garet, that's all right you did just what told YOU
she was playing checkers with Stuart when left; |
know of Suarts coming one evening last Fall;
think Mrs. Burcb let him in; they went into the
parlor; Stuart went in last / closed the door
remember another morning Stuart came, and stayed
an hour and half or two hours he was alone with
Mrs Burch; nothing happened that know of on that
don't know how many times; remember bis carrying
books under lis arm; think this when Mr.. Burch
was in New-York; Stuart's calls were made in the
morning while Mr. Burch at the bank or
evening; he spent his time during these calls with
Mrs Burch; they were generally alone; can't re-
member of Mrs Burch declining to other CON-
pany and receiving Stuart; do not remember to have
seen Stuart walking up and down the avenue before
the house, and coming in when Burch Left reeolect,
after long visits Mrs. b. coming up stairs, her face
very red and hushed-so much that noticed ii;
recoec his being there oeafternoon, in the paror,
with the door open Titles | listened and heard Mrs.
B. eay "0b don't | am tired, or something TO that
effect again saw them standing, talking, close to-
gether so close that il excited my notice; she stood
with her back against the sofa; he stood opposite
her; again. the 18th of January last, Mrs. Bnrch
came into the nursery and said, Oh Margaret, l
must 90 away" she sad she had been naughty
woman and Mr.. Birch could live with her no longer;
she felt badly and sad she had better go away 30 rs
to have that man punished; wished they would kill
him; recollect her betting that he very bad
man, that there not many ladies he could not
overcome; never heard her speak but aeconately of
Mr. Burch; Mr.. Burchs treatment Of bis wife while
was in the family was good.
An argument here the point Of allowing the
defense TO cross-examine the witness The Court took
the matter under advsement until tomorrow.
The deposition of Betsey Pitney was then read |
merely referred TO the time she called on Mrs. Burch
for book; thought nothing of being told that Mrs.
Burch was engaged.
The deposition of Carlisle Boyd, was then read-He
was in the habit OF visiting the house of Mrs. Burch
from 1856 TO 1860; in the Fall Of 1859 he visited the
house very frequently, much as three times week;
the visits were principally to Mrs. Burch perhaps he
was alone with her half dozen times during this
PERIOD they not alone together more than i've or
ten minutes at time probably on three or four oeca-
sons quarter of hour and threequarters OF an
hour these visits were generally made in the absence
of Mr. Burch at the invitation Of Mrs. Burch-some-
times written sometimes verbal; during the Fall OF
1859 he frequently met Mrs. Burch in the street. on
four occasions at parties, and once at Mrs Stuatsi
when met met Mrs. Burch at other places than her
own house, was alone with her bnt oneei this was at
the house OF A. II. Burly, at party; we sat on the
stairs perhaps quarter Of All hour this was in Octo-
| Der, 1889.
| At this point the Court adjourned till tomorrow
| morning.