, 1860-12-14
ave ms right to do H.; the Law prohIblta It.


reputation Il iii this regnrd. 1u the tlrst place,
Mrs Rureh tells Fannie Burch and Mary Spat-
ding that Stuurt is had MIN; that Mrs.
Pruyn had written her that he carried on n
taason In Washington with lady Of lgh rank.
and ruined that lady's reputation and Mrs
Rurch also saws that he has already broken up
two or three families I'm Chicago; and Mrs
nurcIi's uwn brother tells her again that Stuart
Is 4 Ind man. and she bctter kccp clear ofhtul;
liz telIsM b. that he is bad man among women.
Now take these statements by the defendant
herself; take the warnings given to her BY her
own friends and 1.rr own brother; take MI
that appears In this case, and then say, with.
out auy .lsanl or pre:tensc, what Is your opfu-
iou about that mans actual character for chas.
thy. 1fhc was proper and chaste MN, and
lad no }icentious desires, what Is he rrowlins
around Sit. Bnrclls house fore ask you was
Ae there for any proper purpose: Why did
H., not 50 when Nj. Burch was at homes He
WAS there but two or three times In all, SO far
as my proof gocE, when Mr. Burch was at
home. But whcuever Mr. Burch WAS absent,
Stnatt was thcre nearly every night. What
=, vas he there fer; They ad1,tt moreover tha'
her husband. Is that the work Of q man Of
chastity aud houory IL that tho act Of OIL
honest MANI That thing itself is almost as
bad as adultery. What is the difference be-
tween lurking around this mans house, sneak
ing In there il his absence, and depriving The
VI
wifc-what Is the difference between that aud
debauchtng her person: In any moral point
Of view, as connected with the character o.
the mail, that does it. There is not the slight
est difference. and they conccde that lie has
done that. That Is the character VI Mr. Stu.
art ! do not care what positions he las 0ccn'
pied; they furnish him The means Of doing
his work fhe tnore cGectually.
In order that you should properly Judge Mr..
Siuan's testimony, and say what credit should
be given to him, it becomes necessary TO con-
slider bis connection with this case, and The
motives that grow ont Of that connection.
Now, in ordinary cascs, nccompliccs In crime
are not permitted to testify for each other:
Two men indicted for larceny, or any other Of:
fcnse, rs nccomplces, are prohibited from tca.
tifr:ng for each other. This is the general rule
ofthe law, and 1t is founded upon the supple
red interest Of each accomplice to deny thc r::
fensc, to deny the preparation Of the crime
entirely, nnd thus not only to acquit their as
sociatcs, but themselves. It is not always truc
that both accomplces, in ordinary crimes, at,.
guilty, or bUlh innocent. 1t will often happc;,
that one Of them may be guilty aud the olllrr
innocent, and consequently It is always safer
In ordinary cases Of criminal offences to admit
an accolnp!icc to to swear to the character vt
l,is associate than 1t is in case OF tbis
kind, For, in the crime Of adultery,
or in case where that crime is
charged. either both are guilty, or neit1.rr
are Take the case of theft: two men may h.'
accused Us accomrlices Of tho crime Of theft (:
consequently the ono may be called rs 4 Wit
ness in regard to The other, and not be nccc-'
tarily interested. Tie may admit the crime
and swear against his accomplicc, or he may
acqu;t his nccomplicc and not involve himself.
But because cis likely to be interested in t':c
commit perjury, 10 prevent imposition upon
jurics, excludes the testimony of tue acco,n'
pIice altogether in favor Of himself, though
they admit It against him.
Now, in this case. Stuavt's interest in TIL
event Of this suit is much greater than that u
any other case. Because here, il Mrs Burrl
i guilty. Ms. Stuart cannot bc innocent, II
testfyis to l,cr guilt he thereby convictb hi:..
self; aud in ttstifyinE to her Innocence he ~
quits himself Of q crime which tue statut
makes felony, and Furnishes with inprisos'
tcsestcd in precisely the same degree us Mfr
Burcll. The instant that he tcstitics here 1ha
Mrs. Burch II guflty--and he must testify "E
way or the other, that she is or is not guilt. .
The moment lie testitcs that she is guilty, l.
admits his own guilt, Of crime made tciu:i
ncnt in the penltcntiary. Now, is it posti.'!
that ,lan might have such i horror OF u"
jury aud such a love Of truth, that lie mi=
even be willing to encounter that penait
rathcr than commit the crime Of perjury: ).
though the pcualty Of the crime tba
penalty of the offence his interest calls ul,'
him to commit. Adultery and perjury III
punished just about alike But i'll the casc
Stuart there were other aud more fearful cvii
to deter lin from tue admission Of this criu
IN any crcnt, guilty or innocent. He wt,ul
not only expose himself to sumo Of The hi.
EST penalties Of the Law. and Lis pasamour
the like penalty, but lie would consjgn I,s
name IL everlasting infany, her uainc, i:
name nf the woman who had SO deeply trust,
to what this class Of men are apt IL call t]'.
honor, and in the estimation Of every class
society hc wonld be ruined. There is i ella
that now support him-men Of his own stal,:
who regard it Us aspecies Of hcroism 10 ~,
ccal one crime By the preparation Of nnotlit
That class, the moment that he should, as til
cali it, shrink from lis duty, tbs moment III;
he had failed to shield this woman by the ju
jury which they think he owes hcr-that III,
1nent they would abandon him. And not Oh;
that, IL he dared by admitting his own gui
here to stamp the brand OF shame indc1i:.
upon the brow Of this woman, lie would the:
hr encounter ut once the hostility Of that l;r:
circle Of friends and relations whose ati.r!
last year. The moment that her guilt wa F..
tablfshed by the admission Of Stuart, tlis v...s
who now support him, and those rela:is
must all lnake common cause with tic in1uri
husband 10 avcnge the wrong common
them nil.
Her vindicatiou by Stuart titus being n
dercd impossible, nothing would be left, sl"'s
he admit his guilt, but vengeance upon Ii
betrayer, and well might Stuart fear the co1
qucnces of that vengeance Mr. ,Corni
was no man TO be tridcd vi
relations and kindred were numerous and E,n
crfuf and respectable: among the wcaltfli'
families int be older Statesi 4 the Union; a11:o
the most powerful and Influential All I'll,
Stuart must prepare to encounter all Ii.
lic must face, and their vengeance he E,'
meet. But as the cage now stands, trt
having denied the olIvnce aud sought to size.
this woman, there relations and friends III
common Cause with him, and you, thert't'
see her adopted father, the ntfectionate un'
ofthis woman, striking hands with her s"d'
er, and making common cause with hin,
crush to the earth the injured husband "
has dared 10 offend him by refusing TO rrcs
and all this would be changed. Now, Il
adopted htl,cr is not only man enjoying
highest political and nornl posi1i
achieved BY Ills own cGorts; not =,
possessed u vast wealth, but CONTROL
The money aud power Of one Of
Target corporations on the Continent, ::
nhle by the distribution Of It's patronage
asundantly reward tic services Of thous:ls
Of jealous friends, he is man Of indon4;
bic will. of implncable passions, and let
EinQ1CAu0n Dg ILLS kRUS once DC rGnQGftu
possible. lie would hunt Stuart to the hr;''
bounds Of the green Garth Where, ! ask y
could 1hls man hope to find refuge frors
Just wrath Of this Indignant fathcr and all
naughty and yindictivc relatives and kinsnls
Now, Mr. Burch is an isolated and pow
less man him hc could injure, his H.;
he could tramnlc upon; Ills incest feelings
could Outrage; his home be could dcsecr:.
hEs children be could rob Of name aud pars
age; lis very heart he could crush with e.
p.ratiyc immunity. But Nj. Corning was :. II
aud he shrank from that, and not from Corsl
alone; not from the father and relatives .:
alone would lic have feared retributi0n. Il
lad confessed this hcinous crime, every fat
every husband every brother that could
The impulse OF honest affection, wonld |,
joined to hunt forth from their mid=,
wretch who had betrayed friendship, vlol.
the tcnderest Of domestic ties. outraged
most sacred Of domestic affections; the !
who had robbed the doating husband Of
wife, mud the tender infant OF its mother
ask Jon what kind Of story this Stuart No
Lave had to tell here In the confession Of
crime?
This would hare bccn Stuart's story, hai
como here aud confessed this crime:
II came to Chicago, stranger dcsti.
offriends or fortune. Among my earliest
Ions and beEc!actors was the complain,
in this case. lie gave nc employment; II
troduecd me TO his friends; ut nlv own ~,
tation he introduced me to his wife; le fnv;
lne 10 his house, and there presented nj,
his children and lis guests. found him
stately mansion, adorned with all the chi
lishments Of art, aud furnished with every
pliance Of comfort and luxury. found
happy In tho society of his wife. still beau1i
accomplished and attractive; daughter of
fy,l