, 1860-12-11

TO try the Tnud1tg ol note OF 0Rnd Lac Qe.
fence set mp to It is this that the holder Of
the note, the payee of the note, to whom 1t
runs, had got the maker Of 1t Into room
alone with him. and there by threats compelled
him to Sign 1t, by threats and physical forces
being the strongerman Of the two. Now that
might be as long as they were alone. Butsupi
pose It was proved on the other hand TINT
both Of them In presence Of others, and NO
danger existed, the maker OF the note Ind con1
fassed TINT he owed the debt, and that the note
WIS valid. What would you say theny AND
suppose that fora week be had admitted to
different tho validity Of ne 81 nofs d;G ehas
the note freely. Would there any longer be
the slightest ground for saying that the note
was invalid By reason Of the duressf But this
Ia no such case as that. Here not only were nc
confessions admitted for week aitcr"aFd,
in the house, TO every person who aPproached
whom she could certainly rely nor only dla
she voluntarily state the same taines 10 lhem'
but she went further, and to Fannie Barct
made two different confessiona. ! beg your
attention to that, on Tuesday. In the course OF
the day, what does she tell Fannie Burch II
hare confessed to HI: Burch all l remember
about my adulterles with Stnnrt" That fs
what she said IN substance. "But rccoliect
another thing that lave nat told Nun ana as
promised to tel him the truth at last. beg OF
you, II forget 1t, TO remind me ol IT. ANA
she went on TO tel! Of that tclIcumstance. What
was Il! That On the n,ght OF the aay When nst
husband was gone 70 bnrAhgton, On lnA nleht
that you nave 9carq SO muen OF, M; etuart
called there and Lad m interview win her
that ne asked ner II ncr husband was coming
home fqa1 nte1t, sue 1ola ham tna1 Ae was not
Ma ne lnslsteo upun ner iel1ng nitn n Anu
you reconect WnaI 1oio"ea on tha1 night
1ha1 circumstance sue stated 70 fahnie
BufEQ Oh 1uESQNg WuEQ lQCy were nlOuG, AQu
whcn MI. bufcl was noL II the mouse NOW
was theIc any eoefclon 1nere Vas tnere any
anress taen Ha9 als- ou3cA nls hst ID nef
lace then: was she e. IN any Terror men!
,o But 20 proceed PUG icases lineage on inc
1sth o. January on her way 70 the STATE OF
"1tes n EST. !elea oack ~ Hts. 3..! fa1nam. Hal
Gu Soas aiea1.9h .9 " 'nat Na!er :. soon. A1tel
54e ~1stee ~ IN AloanS, fne "IAes !eI1eI 70
M1s. AAouns on1c4; 4gther ~ DI Fatteft
son ana anotne1 10 ny. salentlne; ,thf
eounsea On me etael slae say tnat tnose letterf
yeni mug u Eey oo not CONAN 1 n sanstanee
tta au,t aa4 .,,is y. - tae
..si;r; r. ''.S tsS usI ites.y u
@ 5ou c.i,l .ii i,at t,,a nn o.nef sstn
~ ea. ~ r .nsn @ ~ ~, manupn
.e e,s nae taes ao ~nen saa lor ine
% nnestinn ri coercInn rcsfro;nt ana Iura.ss ~
11a, ~ ,rh,t "ra;I = - ~ 49,. 49, .n.r.
~ sen, ~ liz 81 T., 10 :. .nas iuat ~ ln
ar ~. 49, ~ ~ 'aes ~ ~ nouse
laey eonceoe tnat as soon ae Tue dnrcss Is
removed rem men aa tne eonlession y good. II
tuau unuGs uuless " 4e.ll oi n1s ulc, gives pa
" ant nf3ho iu ~ 4st "aus ,a "nen en-
ae .s W. - & ~ Presence u lnat aanscl, he
eoa1 aa ~, ~, 'nsu a5a 5ou ~ noI tna. eon1saet
i,,ol, - IA a1,,a1y y ouuA auseum w. .n. taas s
nn11eu. ~ i, Aluy, ~ nnuel 1Ae lUotectloh o. ar.
, SolnilE, ~ ~ nouss u AGs 1nvluef, WIN ner
afsa- ZIG Mna du dae. hea hoa'u ~ arouna
ns nst, aas.a sne 10y I a.osl %cehs 9ne
ana sue says 4ao naa tlne LOT lnll fenectlon,
s El3tes oaes M lete1at.ng these confessions IN the
tnasst u,s s.. aau nt9plesl nMine1: NpW ~hcfe Is
lnls ae1ence ot coercion: But ! nm arguing
sne 4uesuoa "net9cr All; buFch aia compe!
nel ~ ~ inese lnlues: u he eouia colnpel
her 10; TO ao @ anese tnlnss' y ne eon.d compel heE
co ~ ~ aerar II t9'a. ao aaas ns power eena
| because IL IL entirely lmmatcFlH about any one
| u Lnem gne eon!essioh Is as 1atM 70 ner as
a4nu!eo; .; Ross - nE,1: ~ Is nlte1lF lndlnefent
~ne!ner !!s INC nisI confession sne mnae Wasnnder
une s lnn9inee si, os a4p!ner, sne alter%ards re-
ithdTarn o Whcn a has aef 'n laenec F Is
40 Now w Mas 81 IT, T1thln M Ris power to manufacture
| G,u ~. lulo lel .uoutn a1u compe1 ner 70 make
AZ these CONCESSIONS: were these letters Lis
| "o5k vas r. IN any hlnd o. communication
| with her: Was not that communication
Wholly cut OF? Are these letters his work !?
I
them: Is there any proof oft: is it posi-
b!e!
But let me return again for few moments
10 these contestants. 1t Is fortunate In this
case, exceedingly fortunate, and must BIZ high
| " satisfactory TO- you, In case Of such i'm
nttcr her departure are brought SO fully before
you. of the events which occurred in that
house, however trivial they arc, scarcely one
but what has been brought before you. But I
must remark upon this subject before pass
it over. The counsel here hare been fond OF
saying that Fannie Burch-1 will refer to her
testimony hereafter-is an exceedingly ready
i witness; endowed with remarkable memory;
that she recollects the events that occurred nj
that time with remarkable accuracy; and re-
hearses even language with great certainty,
The counsel forget to tell you The full explana-
she swore to, and about which there can be no
doubt or mistake. She told you, that on these
| very fatal days, these sad and nouru(ul
days, she daily wrote IN account Of
all that trausplred, to her mother :
that she wrote upon Moudny night
again upon Tuesday hight. and a1ain nHor
Wednesday night, dctailing oil The events that
had occurred. And as she gaze her testimony
here, she held up letter in her handl and taA
that That was one Of them. 1 hare these LET
ters now. She had written dorm what Ind
occurred she had by her full N memorandum
4
particular In her statements. Again, it was
said that she recited the contents OF another
letter that was written by Mary 4paIding.
Wen might she do that: for the letter wos IN
the possession Of Mary Spalding md they had
read It over together again and again. You
see what Kind Of Justice these witnesses have
received at the hands Of counsel on the other
side Would you not have expected her to re-
member these events, oven If she Ind not
written them down: She told you that they
made such IN Impression upon her mind rs
no other events Of her life Ind made. She had
made record Of them NIL and had 1t by her
You can easily perceive that If the counsel had
any t aonet & o. heI M stofy; they had the slight
est doubt That she did write Us she said she
did, # they doubted whether that statement
which she then recorded corresponded with
that which she now made, they could have
called out those letters. could not; they
could have called out these letters. was not
at liberty TO do it. She Ind that record in
court; II they doubted whether the content.
have called for 1t, and thus contradict her, il il
could be done suppose they had chilled for it
aud IT had been produced, md 1t contained
substantially all she had nightly written, as
she said, would there be any doubt upon
your mind Of the truth Of her relation
Would she have lied to her mother
about the tacts occurring in that unfortunate
family! Had she any motives for falsifyfn.
~ writing these letters to her mother! Ii
there any question about thc facts she then
wrote and has rehearsed here to you. Thc
counsel upon the other side prudently avoided
calling out these letters; he had had one or
.Wo letters he drew out, ono from Mary Spal-
ding, and he didn't care to proceed farther
with that species Of test. You will rccollect
that Mary spalding in her testimony, said that
she wrote letter 10 Mrs. Bnrrh The counsel
wanted to know II she had it with her. Much